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HomeMy WebLinkAbout13-Public Works JI File No. 15.30-271 ~ CI1'~ SAN BERNARDI~ - REQUEs:r FOR COUNCIL II:; .")* Dept: Public Works/Engineering \S...ll,9 JUN 28 f!4 It: 07 street Vacation --- Protest Hee,ring 10:00 a.m. and Resolution Ordering Vacation :Portion of that certain un- named street South of Highland Ave, East of Elmwood Rd. From: ROGER G. HARDGRAVE, Directo'nEC'O._AOMI};!)IfJ:II'4C.t: Date: June 26, 1989 Synopsis of Previous Council action: 12-24-88 ___ Authorization to proceed was given, and Plan No. 7604 was approved. 04-03-89 --- Negative Declaration was adopted and a Finding of consistency with the general pIan was made. 06-19-89 --- Resolution of Intention No.89-218 was adopted, which sets a public hearing date of July 17, 1989 for the proposed vacation as per attached Plan No. 7604. 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 a portion of that certain unnamed EastfWest Street South of Highland Avenue, East of Elmwood Road, is no longer necessary for street purposes, be adopted. cc: Marshall Julian, City Administrator Jim Richardson, Deputy City Administra James Penman, City Attorney Andy Green, Director of Finance 2. Adopt Resolution. Contact person: Les Fogassy Phone: 5334 Supporting data attached: Staff Report, Resolution, Map Ward: 7 FUNDING REQUIREMENTS: Amount: Wages on W.O. 01266 Source: (Acct, No,) 001-302-53157 (Acct, DescriPtion) street Vacation Finance: ~ D~ Council Notes: 75-0262 Agenda Item No /.3 IU J . 'C' 0 0' 0 C:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Upon rece1v1ng a request from 86~ of the adjoining owners to vacate a portion of that certain unnamed East/West Street, South of Highland Avenue, East of Elmwood Road. On October 24, 1988, authorization to proceed was given and Plan No. 7604 was approved,. Utility companies and City department were notified of the proposed vacation No objections to the proposed vacation were received. On April 3, 1989, a Negative Declaration was adopted for the proposed vacation, and a finding of consistency with the general plan was made. On June 19, 1989, Resolution of Intention No. 89-218 was adopted, reserving easements for water lines and for public utilities . That resolution sets a public hearing date of July 17, 1989. On June 28, 1989, 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 that certain unnamed East/West Street, South of Highland Avenue, East of Elmwood Road, either for present or future street purposes. Staff recommend 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 genera 1 public: a) Negative Declaration was adopted and a finding of consistency with the general plan was made. 2) Traffic flow does not warrant a street in this area. This street is a service street adjacent to Highland Avenue, and it's primary use is for the adjacent property owners, who are requesting the vacation. 2. 86~ of the adjoining property owners have requested the proceedings and the required $400.00 fee has been paid. 3. All of the interested City Departments and utility Companies were notified of the proposal and all have had the opportunity to respond. A reservation of an easement for water lines and for public utilities was requested 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. 6-26-89 ......... 1 il II .h tit . C. o o o , .. ~ ... ll1'JJLAND A HUE . + T .' , ~ " .. .i ~ ~- ....... 1 /fA ."tfi 1- 33' 33' -'" .. ?o v.' I 0' ..rJ- 0 ,... ,." ') ... ' I ":.,.-0 6' ~' ~ ~' Z J ... 5 6 7 ~o '0 ' Q II 0 0 ~ 'ARf).. TO BE l. Q VACATED /"=/()()' , ,~-.. [ h ,;,j ,,//~-- DIR TOR OF PUBLIC WORtCS JCI"'" ENGINEER Pr.p.nd tlll' L. FDGABSY ,"t.- Sh..t Ch.cll.d tlll I V.NAPIiAU 1 of 1 DATE I 10-03-88 AREA VACATED SHOWN THUS IIIIIIIII CITY OF ,SAN BERNARDINO PULIC WORKS DEPARTMENT ENClVEERING DIVISION REM. P"OfIER I V SECTION STM&T I ALLEV VACRION . FRONTAGE ROAD SOUTH OF HIGHLAND AVE~UE. EAST OF EUl'II00D ROAD. FILE NO.1 :3.3G-271 PLAN NO.1 7604 / _ '7/'_ _t:J.a . Q' - ~ .dl - o o o 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED SOUTH OF 3 HIGID..AND AVENUE AND EAST OF ELMWOOD ROAD AND RESERVING EASEMENTS THEREIN. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of that certain unnamed East/West Street, South of Highland Avenue, East of Elmwood Road, more particularly described in City Resolution of Intention No. 89-218, hereby find from all of the evidence submitted that such street proposed to be vacated by said Resolution is unnecessary for present or prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion of that certain unnamed East/West Street, South of Highland Avenue, East of Elmwood Road, San Bernardino, California, more particularly described as follows: That portion of that certain unnamed East/West Street shown on the map of Tract No. 3879, Highland Park, as per map recorded in Book 50 of Maps, page 50, in the office of the County Recorder of the County of San Bernardino, State of California, described as follows: Beginning at the Northwest corner of Lot 2 of said tract; thence East, along the North lines of Lots 2, 3, 4, 5, 6 and 7 of said tract, to the Northeast corner of said Lot 7; thence North, along the Northerly prolongation of the east line of said Lot 7, a distance of 40 feet more or less, to the South line of Highland Avenue, as shown said map; thence West, along said South line, to it's intersection with the Northerly prolongation of the West line of said Lot 2; thence South, along said prolongation, a distance of 40 feet, more or less, to the Point of beginning. And is also described in said Resolution of Intention No. 89-218. SECTION 3. Nothing in this Resolution shal1 in any way affect or disturb any existing easements for public utility purposes belonging 06-26-89 . o. RESOLUTION ORDERING VACATION: PORTION OF THAT CERTAIN EA~_1 ~,h.", l:lt:L_ ! OF HIGHLAND AVENUE, EAST C ELMWOOD ROAD." '"" 0 1 either to the City of San Bernardino or to any public utility and there 2 is hereby reserved an easement for future utility purposes for this City and 3 for public utility purposes, more particularly an easement for water lines 4 and appurtenant facilities to East Valley Water District over the entire 5 portion of the real property hereinabove described, and for Southern 6 California Gas Company Company, an easement and right at any time. or from 7 time to time to construct, maintain. operate. replace and renew appurtenances thereto for the transportation of natura 1 gas, in, over, under and across the Southerly 20 feet of the real property hereinabove 8 9 10 11 described. 12 cause a certified copy of this resolution to be recorded in the office of 13 the County Recorder of the County of San Bernardino. SECTION 4. The City Clerk of the City of San Bernardino shall 14 / / / / / 15 / / / / / 16 / / / / / 17 18 19 20 21 22 23 24 25 26 27 28 06-26-89 2 . it . C. 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 l RESOLUTION ORDERING VACATION: PORTION OF THAT CERTAIN EASTfWEST STREET SOUTH OF HIGHLAND AVENUE, EAST~ ELMWOOD ROAD. ...., ( ) I") ",.1 \" I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 19_____, by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19_____ W.R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN ~ ~: ) - 06-26-89 3