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CITY OF SAN BERNCftDINO - REQUEST OR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director
Subject:
Street Vacation and Protest Hearing
10:00 a.m., and Resolution Ordering
Vacation: that portion of Pico Ave.
lying between 5th St. and Spruce St.
Dept: Public Works/Engineering
Date: September 28, 1992
Synopsis of Previous Council action:
06/15/92
Authorization to proceed was given I and Plan No. 8733 was approved.
08/31/92
Notice of Exemption was filed and a finding of consistency with the
General Plan was made.
09/21/92
Resolution of Intention No. 92-388 was adopted, which sets a
public hearing date of 10/19/92 for the proposed vacation of
that portion of Pi co Avenue lying between 5th Street and Spruce
Street per attached Plan No. 8733.
Recommended motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave. Director of Public Works/City Engineer as to
why that certain portion of Pi co Avenue lying between 5th Street and Spruce
Street, is no longer necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Shauna Clark, City Administrator
Fred Wilson, Acting Finance Director
James Penman, City Attorney
Esther Estrada, 1st Ward Councilwoman
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report, Reso I uti on , Map
Ward:
1
FUNDING REQUIREMENTS:
Amount: Wages on 11'. O. 1266
Source: (Acct, No,)
001-302-53157
Acct, Descri tion
Council Notes:
75-0262
Agenda Item No
026
CITY OF SAN BERN()IDINO - REQUEST QR COUNCIL ACTION
STAFF REPORT
Staff received a request from the Catholic Diocese of San Bernardino to vacate that
portion of Pico Avenue lying between 5th street and Spruce Street, and East of Our
Lady of Guadalupe Church. Authorization was given on 06/15/92, to proceed with the
proposed vacation and Plan No. 8733 was approved.
Utility companies and City departments were notified of the proposed vacation on
06/18/92, with a reply due by 07/20/92. No negative comments were received, but
easements were requested for gas and sewer lines in the area proposed for vacation.
On 08/31/92, a Notice of Exemption was filed with the County Board of Supervisors for
the proposed vacation, and a finding of consistency with the General Plan was made.
On 09/21/92, Resolution of Intention No. 92-388 was adopted, reserving easements for
for both gas and sewer utilities over the entire area of the vacation. That
resolution sets a public hearing date of 10/19/92. On 10/05/92, the Resolution of
Intention was published in a local newspaper. On 09/30/92, Notices were posted in
the area proposed for vacation, and all property owners adjacent to the proposed
vacation were notified of said hearing.
There appears to be no further necessity for that portion of Pico Avenue lying between
5th Street and Spruce Street and East of Our Lady of Guadalupe Church, either for
present or future street purposes. Staff recommends the vacation on the basis of the
following Findings of Fact:
1. The above portion of the street has been determined by the Department of Public
Works to be of no further necessity to the general public:
a) Notice of Exemption was filed, and a finding of consistency with the General
Plan was made.
2. Our Lady of Guadalupe Church owns all the property on both sides of the area
proposed for vacation and the required $1,000.00 fee has been paid.
3. All of the concerned City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Easements for gas and sewer
uses were reserved over the entire area of the proposed vacation, and the same has
been provided for in the Resolution of Intention.
No special requirements have been placed upon the proponents relative to the
proceedings which would require an inspection of the area prior to the adoption of the
Resolution Ordering Vacation. Therefore, we have attached the said Resolution Ordering
Vacation for your action.
5-0264
09/28/92
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DATE I Ifl>.Y 11, 199T
AREA VACATED SHOWN THUS
W,;;;''/#//#/I,I,
FILE NO.1 15.30-316 PLAN NO.1 8733
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~U!Ef1 OF
PKoPOSEl> VACA71Ol/
CITY OF SAN BERNARDINO
PUBLIC HORKS DEPARTMENT
ENGINEERING DIVISION
SIl..t REAL PROPERTV SECTION
10f 1
STREET I ALLEV VACATION I
PORl'ION OF PIa> AVENUE LYm; BE'l\JEEN 5'l1i
~J.l<tJ::J. AND SPRUCE STREE:I'
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09/28/92
Requested by and when recorded mail to:
City Clerk, Ci)-\Hall O.
300 North "D" Veet
San Bernardino, CA 92418
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RESOLUTION NO.
THAT
THE
GAS
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
PORTION OF PICa AVENUE LYING BETWEEN 5T11 STREET AND SPRUCE STREET IN
CITY OF SAN BERNARDINO AND RESERVING EASE~ffiNTS FOR SANITARY SEWER AND
AND APPURTENANT FACILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION
1 :
The ~ayor and Common Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
11 vacation of that portion of Pica Avenue between 5th Street and Spruce
12 Street, more particularly described in City Resolution of Intention No. 92-
13 388, hereby find from all of the evidence submitted that such street
14 proposed to be vacated by said Resolution is unnecessar~' for present or
15 prospective street purposes.
SECTION 2.
The ~ayor and Common Council of said City do
hereby
vacate that portion of Pica Avenue between 5th Street and Spruce
Street,
San Bernardino, California, more particularly described as follows:
All that portion of pico Avenue (Stanford Avenue) lying
within Block 2, as dedicated on the Map of Paddock
Subdivision as per plat thereof recorded in Book 16 of
Maps, Page 32, in the otfice of the County Recorder of
said County, described as follows:
Beginning at the Southwest corner of Lot 7 of said Block
2; thence North along the West lines of said Lot 7 and
Lot 6 of said Block 2, to the Northwest corner of said
Lot 6; thence West along the prolongation of the North
line of said Lot 6, a distance of 26.2 feet, to the West
line of said Paddock Subdivision; thence South along said
West line, a distance of 276.6 feet, more or less to the
South line of said Paddock Subdivision and the North line
of 5th Street, 82.5 feet wide as shown on said plat;
thence East along the South line of said subdivision and
said North line of 5th Street, a distance of 26.2 feet,
and the Point of Beginning.
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STREET VACATION: PORTION OF PICO AVENUE
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BETWEEN 5TH
....,
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STREET AND SPRUCE STREET
1 And is also described in said Resolution of Intention No. 92-388.
2 SECTION 3. Nothing in this Resolution shall in any way affect or
3 disturb any existing easements for public utility purposes belonging to
4 either the City of San Bernardino or to any puhlic utility, and there is
5 hereby specifically reserved to the City of San Bernardino, an easement in,
6 over, under, and across the entire area of the proposed vacation, and the
7 right at any time. or from time to time, to construct, maintain, operate,
8 replace and rene" one or more pipelines for sanitary sewer and appurtenant
9 facilities, including the rights of ingress and egress thereto, and there is
10 specifically reserved for SoCal Gas, an easement and right to construct,
11 maintain, operate, replace and renew one or more pipelines and appurtenances
12 thereto, for the transportation of natural gas and for incidental purposes,
13 including the rights of ingress and egress thereto.
14 SECTION 4. The City Clerk of the City of San Bernardino shall
15 cause a certifi.,d copy of this resolution to be recorded in the office of
16 the County Recorder of the County of San Bernardino.
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)9/28/92 2
09/2l:l/92
STREET VACATION: PORTION OF PICO AVENUE
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BETWEEN 5TH
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STREET AND SPRUCE STREET
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the
City
Bernardino at
of San
a
__________meeting thereof held on the
da~' of
4 1992, by the following vote, to-wit:
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COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
8 REILLY
9 HERNANDEZ
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MAUDSLEY
MINOR
12 POPE-LUDLAM
13 MILLER
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Rachel Clark, City Clerk
foregoing resolution is hereby approved this
The
day
19 of
, 1992.
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W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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