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Home My WebLink About12-Public Works - 11II l File No. 15.30-278 C.T~OF SAN BERNARDlre - REQUeor FOR COUNCI T:9N From: ROGER G. HARDGRAVE. Di rector REe'D.- ADMtJJIlIfJtl1li Dept: Public Works /Engineering 1989 JUN 26 AM iQ: 20 Street Vacation and Protest earing 10:00 am and Resolution Ordering Vacation : portions of Chestnut Avenue. between Irvington Avenue and Ohio Avenue Date: June 20. 1989 Synopsis of Previous Council action: 02/06/89 --- Authorization to proceed was given. 03/13/89 Plan No. 7717 was approved. 06/19/89 Negative Declaration was adopted and a Finding of consistency with the general plan was made. 06/19/89 --- Resolution of Intention No. 89-217 was adopted. which sets a public hearing date of 07/17/89 for the proposed vacation of portions of Chestnut Avenue. between Irvi ngton Avenue and Ohio Avenue. per attached Plan No. 7717. 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 portions of Chestnut Avenue. between Irvington Avenue and Ohio Avenue. JY,('-L no longer necessary for street purposes. be adopted. 2. Adopt Resolution. cc: Marshall Julian. City Administrator Jim Richardson. Deputy City Administrator James Penman. City Attorney Anne DeBolt 5328 Contact person: Staff Report. Resolution. Map Supporting data attached: Phone: Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct, No,) (City initiated) (Acct, DescriPtion) Finance: Council Notes: 06/20/89 75.0262 Agenda Item No, I~ - - CIIf' OF SAN BERNARDI&' - REQU.QT FOR COUNCIL AC~ON STAFF REPORT The request to vacate those portions of Chestnut Avenue North of Irvington Avenue and South of Ohio Avenue. was initiated by the City of San Bernardino relative to the Chestnut Drain within the proposed vacation area. This is a "paper" street. which has never been improved. On 02/06/89. Authorization to Proceed with the proposed vacation was given. and on 03/13/89. Plan No. 7717 was approved. Utility companies and City departments were notified of the proposed vacation on 03/21/89. with a reply due by 04/21/89. No negative comments were received. On 06/19/89. a Negative Declaration was adopted for the proposed vacation. and a finding of consistency with the General Plan was made. ' On 06/19/89. Resolution of Intention No. 89-217 was adopted. reserving easements for public utilities and for the Chestnut Drain. That resolution sets a public hearing date of 07/17/89. On 06/28/89. the Resolution of Intention was published in a local newspaper. Notices were posted in the area proposed for vacation. and property owners adjacent to the proposed vacation were notified of said hearing. There appears to be no further necessity for a portion of Chestnut Avenue. between Irvington Avenue and Ohio Avenue. either for present or prospective 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) Negative Declaration was adopted. and a finding of consistency with the General Plan was made. b) Traffic flow does not warrant a street in this area since this portion of Chestnut Avenue was never improved. and there is no through traffic on Chestnut Avenue. 2. The required $400.00 filing fee has been waived as this was a City initiated proceeding. 3. All of the concerned City Departments and Utility Companies were notified of the, proposal and all' have had the opportunity to respond. A PublicUtil1ties easement has been reserved over the entire area of the proposed vacation. and an easement for drainage purposes and for Park and Recreation purposes over the Westerly 45.00 feet was requested and the same has been provided for in the Resolution of Intention. No special requirements hav,e been placed upon the proponents relative to the proceedings which would require an inspection of the area prior to the adoption of the Resolution Ordering Vacation. Therefore. we have attached the said Resolution Ordering Vacation for your action. 06/20/89 . . Q' ~ P".p.".d b1j1 Ch.cIC.d b1j I DATE I e AREA VACATED SHOWN THUS ~ FILE NO.I/$.!JO-11..1r PLAN NO.I77/1 CITY OF SAN BERNARDINO PUBLIC HORKS DEPART"':NT ~RING DIVISION REM. PRI:WIERTV SECTION STREET I ALLEV VACM'IDN I (!HEST1IttIr A-VENVE NOI&TH 01= ~ VIMrrrt:W" AV&NUE 15 Avenue. 16 follows: 17 18 19 20 21 22 23 24 25 26 27 28 06/20/89 ."I. " c. - - o o o 1 2 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE. IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC UTILITY EASEMENT AND AN EASEMENTS FOR DRAINAGE PURPOSES AND FOR PARK AND RECREATION PURPOSES. " 3 4 5 6 7 8 vacation of portions of Chestnut Avenue. between Irvington Avenue and Ohio 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council of the City of San Bernardino. having heard the evidence offered in relation to the proposed Avenue. more particularly described in City Resolution of Intention No. 10 89-217. hereby find from all of the evidence submitted that such street 11 proposed to be vacated by said Resolution is unnecessary for present or 12 prospective street purposes. 13 SECTION 2. The Mayor and Common Council of said City do hereby 14 vacate portions of Chestnut Avenue. between Irvington Avenue and Ohio San Bernardino. California. more particularly described as Those portions of Chestnut Avenue as delineated on the Map of the Irvington Land and Water Company Subdivision. as per plat thereof. recorded in Book 1 of Records of Survey. Page 32. Records of the County Recorder of San Bernardino County. State of California: PARCEL NO.1: Beginning at the intersection of the Northeasterly line of Irvington Avenue. 60.00 feet wide. and the Northwesterly line of Chestnut Avenue. 60.00 feet wide. as said streets were reduced in width by action, of the San Berna rdi no Coun ty Board of Supervisors. da ted February 21. 1910; thence Northeasterly along said Northwesterly line of Chestnut Avenue to the Southwesterly line of Belmont Avenue. 60.00 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors. dated February 21. 1910; thence Southeasterly along said Southwesterly line of said Belmont Avenue. a distance of 60.00 feet. to the Southeasterly li ne of said Chestnut Avenue; thence Southwesterly along said Southeasterly line to said Northeasterly line of Irvington Avenue; thence <, "0' 06/20/89 - . STREET VACATION: PORT It:) OF CHESTNUT A~E. NORTH OF IRVINGTON o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Northwesterly. along said Northeasterly line. a distance of 60.00 feet to the Point of Beginning. PARCEL NO.2: Beginning at the intersection of the Northeasterly line of Belmont Avenue. 60.00 feet wide. and the Northwesterly line of Chestnut Avenue. 60.00 feet wide. as said streets were reduced in width by action of the San Bernardino County Board of Supervisors. dated February 21. 1910; thence Northeasterly along said Northwesterly line of Chestnut Avenue to the Southwesterly line of Ohio Avenue. 60.00 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors. dated February 21. 1910; thence Southeasterly along said Southwesterly li ne of sai d Ohi 0 Avenue. a distance of 60.00 feet. to the Southeasterly line of said Chestnut Avenue; thence Southwesterly along said Southeasterly line to said Northeasterly line of Belmont Avenue; thence Northwesterly. along said Northeasterly line. a distance of 60.00 feet to the Point of Beginning. And is also described in said Resolution of Intention No. 89-217. SECTION 3. Nothing in this Resolution shall in any affect or disturb any existing easements for pUblic utility purposes belonging to either the City of San Bernardino or to any public utility. and there is hereby speci fi cally reserved. for Southern Ca 1 fforni a Edi son. the easement and right at any time. or from time to time. to construct. place. operate. inspect. maintain. repair. replace and remove such aerial and underground electrical structures as the company may from time to time require. consisting of poles. anchors. wires. cables. conduits. manholes. markers and necessary fixtures and appurtenances. incl uding the ri ght of ingress and egress thereto. Also. specifically reserved. is an easement in. over. under and across the Westerly 45.00 feet of said vacated area for the Chestnut Drain and appurtenant facilities and for Park and Recreation purposes. The easements herein granted to the Ci ty of San Bernardi no shall i ncl ude the right to construct. reconstruct. inspect. maintain and repair the appurtenant facilities. The easements herein granted shall also include the ., '. --0- STREET VACATION: PORTIO OF CHESTNUT AOE. NORTH OF IRVINGTON AVENUE 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the ri ght to use such areas adjacent to the easements as may be reasonab 1 y necessary for performing the work and for access to the work during construction and includes rights of ingress and egress. The entire surface of the drainage easement shall be available for use as hiking trails. bridle paths and other recreational uses as determined by the Planning and Park and Recreation Departments. SECTION 4. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of San Bernardino. * * * * * * * * "4:)' STREET VACATION: PORTIOC:>OF CHESTNUT AV~. NORTH OF IRVINGTON AVENUE <:) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 06/20/89 28 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Counci 1 of the City of San Bernardino at a 3 meeting thereof held on the day of 4 . 19 . by the following vote. to-wit: 5 AYES: Council Members NAYS: ABSENT: Ci ty Cl erk The foregoing resolution is hereby approved this . 19 day of . W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: James F. Penman Ci ty Attorney B)I#~h, ) 4 ~::