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HomeMy WebLinkAbout26-Public Works - . CITY OF SAN BERNOIDINO - REQUDT FOR COUNCIN':: ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution of Intention: Vacation of two East/West Alleys lying between Massachusetts and Garner Avenues and between 15th and 16th Streets Dept: Public Works/Engineering Date: Augus t 23, 1989 Synopsis of Previous Council action: 05-15-89 -- Authorization to proceed was given, and Plan No. 7763 was approved. 08-21-89 -- Negative Declaration was adopted and a finding of consistency with the General Plan was made. Recommended motion: - ......1 if:: !'1 f;';.;JI ("') ~ ci (;6 I N >- to t;;:J :'h: :.~... lot:: z Adopt Resolution co <:) '""I r:- -"', 00 . ~~)~ --~.... .%: Marshall Julian, City Administrator ----'" ~--"~ -~~~ Jim Richardson, Deputy City Administrator/Development Ign u James Penman, City Attorney Contact person: Anne DeBo 1t Phone: 5328 6 FUNDING. REQUI R EMENTS: Staff Report, Resolution, Plan Ward: Amount: None - City initiated Supporting data attached: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 08-23-89 75-0262 Agenda Item No. .:1.~ - 4 11 , CITY OF SAN BERNCRDINO - REQUEST .QR COUNCIL ACTION STAFF REPORT A request was received on April 13, 1989, from Councilwoman Valerie Pope-Ludlam to vacate the two East/West alleys lying between Massachusetts Avenue and Garner Avenue, and between 15th Street and 16th Street. This request was made as a result of trash accumulation, vermin infestation, and the inability of the City's Refuse Department to enter the subject areas to clean properly. As this was a City initiated procedure the usual vacation fee of $40D.00 was waived, and it is recommended that favorable consideration be given to the requested vacation. On 05-15-89, authorization was given to proceed with the proposed vacation, and Plan No. 7763 was approved. All of the interested City Departments and Utility Companies were notified of the proposal on 05-30-89, wi th a reply due by 06-30-89. The responses are attached for your information. Reservation of an easement for sanitary sewer and appurtenant facilities was requested over the entire parcel(s), along, with requests for a reservation of an easement for public utility purposes, which will have to be reserved, as set forth in the attached Resolution of Intention. On 08-21-89, a Negative Declaration was adopted and a finding of consistency with the General Plan was made. The Resolution of Intention, which sets a protest date of 10-16-89 has been attached hereto for your action also. Upon the approval of said Resolution, all adjacent property owners will be notified by mail of the hearing date. 08-23-89 75.0264 - o o City Department and Utility Company responses relative to the proposed vacation of those two East/West alleys lying between Massachusetts Avenue and Garner Avenue, and between 15th Street and 16th Street. BUILDING & SAFETY ENGINEERING FIRE PARK & RECREATION PLANNING POLI CE PUBLIC BUILDINGS PUBLIC SERVICES RDA RISK MANAGEMENT TRAFFIC ENGINEERING TRAFFIC SIGNALS * X X X X X * COMMENTS NO RESPONSE RESERVE SEWER EASEMENT CITY DEPARTMENTS OBJECT DO NOT OBJECT X RESERVE SEWER EASEMENT NO RESPONSE NO RESPONSE X UTILITY COMPANIES RESERVE EASEMENTS: COMMENTS YES NO AT & T X CHAMBERS CABLE TV NO RESPONSE CITY WATER DEPT X COM CAST CABLE X CONTINENTAL TELEPHONE NO RESPONSE EAST VALLEY WATER NO RESPONSE GENERAL TELEPHONE X METROPOLITAN WATER X PACIFIC TELEPHONE X SAN BNDO V ALLEY MUNI WATER DIST NO RESPONSE SAN GABRIEL VALLEY ~1UNI WATER DIST NO RESPONSE SOUTHERN CALIF EDISON X SOUTHERN.CALIF GAS X .SOUTH SAN BNDO COUNTY WATE:R X 08-23-89 ili l.o' o o I 110 TH SrJlEET I, L IiJ .':3 ~ ~ ~ , , I , : , , I , , . , I , I I , I ., I'. I ! 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"&>L.T Sh..t Ch.ck.d b!f : fj'J, ':Jc-I' i i DATE: 'I /4 8"'1 of AREA VACATED SHOWN THUS ~~~ STREET I ALLEY VACATION J Eiltsr I WEST. ALL.E.Y~ 8ETtUEe/'l . <T~IZNEIfI.. ,l'fVr=.IVUE. ~ MASSA~HUJETT.s AVE-NUE NOLT'H 01=' I:VAJo/S ~e::T.; SOUTH dF {11TH SrREeTt SOUT1f OF €VAAJG SneE~r/ No.eTH l)C'" 1~17f S~ FILE NO,II$.30-29/ PLAN NO.1 771.3 08-23-89 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF TWO EAST/WEST ALLEYS, BETWEEN MASSACHUSETTS AVENUE AND GARNER AVENUE AND BETWEEN 15TH STREET AND 16TH STREET AND RESERVING EASEMENTS THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby declares its intention to order the vacation of the two East/West alleys between Massachusetts Avenue and Garner Avenue, and between 15th Street and 16th Street, described as follows: A Hey #1 - Begi nni ng at the Southwest corner of Lot 1 of Block 1 of Tract No. 2668, as per map recorded in Book 37 of Maps, Page 84, in the office of the County Recorder of San Bernardino County, State of California, said point also being in the East line of Garner Avenue, 60.00 feet wide; thence East, along the South lines of Lots I, 2,' 3, 4,5,6, 7, 8, 9 10, 11 and 12 of said Block I, a distance of 740 feet, more or less, to the Southeast corner of said Lot 12, said point also being in the West 1 i ne of Massachusetts Avenue, 50.00 feet wi de; thence South, along the Southerly prolongation of the East line of said Lot 12, a distance of 15 feet, more or less, to the Northeast corner of Lot 13 of said Block I, said point also being in the West line of said Massachusetts Avenue; thence West along the North lines of Lots 13, 14, IS, 16, 17, l8, 19, 20, 21, 22, 23 and 24 of said Block I, a distance of 740 feet, more or less, to the Northwest corner of Lot 24 of said Block I, said point also being in the East line of said Garner Avenue; thence North along the Northerly prolongation of the West line of said Lot 24, a distance of 15 feet, more or less, to the Point of Beginning. Alley #2 - Beginning at the Southwest corner of Lot 1 of Block 2 of Tract No. 2668, as per map recorded in Book 37 of Maps, Page 84, in the office of the County Recorder of San Bernardino County, State of California, said point. also being in the East line of Garner Avenue, 60.00 feet wide; thence East along the South lines of Lots I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of said Block 2, a distance of 740 feet, more or less, to the Southeast corner of said Lot 12, said point also being in the West 1 i ne of Massachusetts Avenue, 50.00 feet wi de; thence South, along the Southerly prolongation of the East line 1 08-23-89 STREET/ALLEY VA<:)ION: TWO EAST/WEST ALLEYS 8ETc:>N MASSACHUSETTS & GARNER 1 2 3 4 5 6 7 of said Lot 12. a distance of 15 feet. more or less. to the Northeast corner of Lot 13 of said Block 2, said point also being in the West line of said Massachusetts Avenue; thence West along the North lines of Lots 13, 14, 15, 16, 17. 18. 19. 20. 21. 22. 23 and 24 of said Block 2. a distance of 740 feet. more or less, to the Northwest corner of Lot 24 of said Block 2. said point also being in the East line of said Garner Avenue; thence North along the Northerly prolongation of the West line of said Lot 24. a distance of 15 feet. more or less. to the.Point of Beginning. SECTION 2. That the Mayor and Common Council of the City of San 8 Bernardino. in vacating the above described portion of said street. elects 9 to proceed under and in accordance with the provisions of Chapter 3 of 10 the "Public Streets. Highways and Service Easements Vacation Law", being 11 12 13 14 15 16 17 18 19 Division 9. Part 3. of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 10:00 A.M. on the 16th of October. 1989. in the Council Chamber of the City Hall. San Bernardino, California, be, and the same hereby is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation of the hereinbefore described portion of said street, reference is made to that 20 map marked "Plan No. 7763" approved May 15. 1989. on file in. the office 21 of the City Clerk of said City. 22 SECTION 4. Nothing in this Resolution shall in any way affect or 23 disturb any existing easements for public utility purposes belonging either 24 to the Ci ty of San Bernardi no or to any pub li c uti 1 i ty, and there is hereby 25 spec Hi ca lly reserved. easements for Genera 1 Telephone and Southern 26 California Edison to construct. place. operate. inspect. maintain. repair. 27 replace and remove such aerial and underground telephone, telegraph 28 and communication structures and electrical transmission structures, ? )': ii STREET/ALLEY VAc:>ION: TWO EAST/WEST ALLEYS BET~N MASSACHUSETTS & GARNER 1 respectively, as the companies may from time. to time require, consisting of 2 poles, anchors, wires, cables, conduits, manholes, markers and necessary 3 fi xtures and appurtenances. There is also specifi ca lly reserved for the 4 Ci ty of San Bernardi no, an easement in, over, under and across the enti re 5 area of the proposed area of vacation, for sanitary sewer and all 6 appurtenant facil ities. 7 SEcnON 5. That the Ci ty Engi neer of the Ci ty of San Bernardi no 8 hereby is directed to cause Notices of Street Vacation to be posted as 9 required by the Public Streets, Highways and Services Vacation Law. 10 SECTION 6. That the City Clerk shall certify to the adoption of 11 this Resolution of Intention and shall cause the same to be published once a 12 ~eek for two successive weeks in The Sun, a newspaper published and 13 circulated in the City of San Bernardino, prior to the date of the above 14 public hearing. 15 16 17 18 / / / / 19 20 / / / / 21 22 //// 23 24 / / / / 25 26 / / / / 27 28 / / / / / / / / / / / / / / 08-23-89 1 OR-n-RQ STREET / ALLEY V A(:3ION: TWO EAST/WEST ALLEYS BETBN MASSACHUSETTS & GARNER 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 5 6 7 8 9 10 11 12 13 14 held day of meeti ng thereof on the , 19 , by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: Ci ty Cl erk The foregoing resolution is hereby approved this day 15 of 16 17 18 19 20 Approved as to form and legal content: 21 22 James F. Penman, 23 Ci ty Attorney /' ... 24 by: ~/V>V- ? ./. ,) .;'.-,/!/....-t.__ / 25 1/ - . 26 27 28 , 19 . W. R. Holcomb, Mayor City of San Bernardino .