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No. 15.30-269
C1TeOF SAN BERNARDI~ - REQU~T FOR COUNCIL AC""~PN
From: ROGER G. HARDGRAVE. Dir~~f~~.-AaMIH. OfF.Subject:
Dept: milS JUN 28 P!' Ir 18
Public Works /Engineering .. .
Date: June 20. 1989
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation : a portion of Sunwest Court.
North of Hospitality Lane
Svnopsis of Previous Council action:
02/20/89 --- Authorization to proceed was given. and Plan No. 7523 was approved.
05/15/89 --- Negative Declaration was adopted and a Finding of consistency with
, the General Plan was made.
06/19/89 --- Resolution of Intention No. 89-193 was adopted. which sets a
public hearing date of 07/17/89 for the proposed vacation of a
portion of Sunwest Court. North of Hospitality Lane. per attached
,Plan No. 7523.
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 Sunwest Court. North of Hospitality Lane. is no longer
necessary for street purposes. be adopted.
2. Adopt Resolution.
cc: Andrew Green. Director of Finance
~ Marshall Julian. City Administrator '
Jim Richardson. Deputy City Administrator/Development
James Penman. City Attorney
Contact person: Anne DeBolt
Supporting data attached: Staff Report. Resol uti on. Map
Phone:
5328
Ward:
3
Amount: Wages on W. O. 1266
Source: (Acct, No,) 001-302-53157
(Acct, Description) Vacation filing fee
Finance: ~ '(),..---
FUNDING REQUIREMENTS:
Council Notes:
06/20/89
75~0262
Agenda I tern No
/7
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/'. cIA' OF SANBERNARD.io - REQUQT FOR COUNCIL ABION
STAFF REPORT
A request was received by this office to vacate a portion of Sunwest Court. North of
Hospitality Lane. from Sunwest Development. The vacation of a "knuckle". is to clear
up a previous street vacation which did not cover this small area of land. The
proposed vacation is a condition of development of the land across from the proposed
vacation.
On 02/20/89. Authorization to Proceed with the proposed vacation was given. and Plan
No. 7523 was approved.
Utility companies and City departments were notified of the proposed vacation on
02/28/89. with a reply due by 03/24/89. No negative comments were received.
On 06/19/89. Resolution No. 89-193 was adopted. 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. and Notices were posted in the area proposed for vacation. Property owners
adjacent to the proposed vacation were notified by mail of said hearing.
On 05/15/89. a Negative Declaration was adopted for the proposed vacation. and a
finding of consistency with the General Plan was made.
There appears to be no further necessity for a portion of Sunwest Court. 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) The proposed area of vacation is a remnant piece remaining from a prior
vacation.
2. 100% of the adjoining property owners have requested the proceedings and the
required $400.00 fee has been paid. However. since the initiation of the
proceedings. the ownership of the adjoining land has changed. '
3. All of the concerned City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. No easements were requested
or retained.'
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.
06/20/89
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CITY OF SAN BERNARDINO
PU8LIC WOAKS DEPARTMENT
'........ERINO DIVISION
REAL PROPERTY SECTION
STREET I AL.L.EY VACM'ION .
Ptn 01' Sunt.iJt'st COlJrt,
#/0 Hospitality LalJ~
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION OF SUNWEST COURT. NORTH OF HOSPITALITY LANE IN THE CITY OF SAN
BERNARDINO
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
vacation of a portion of Sunwest Court. North of Hospitality Lane. more
particularly described in City Resolution of Intention No. 89-193. 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 Sunwest Court. North of Hospitality Lane. San
Bernardino. California. more particularly described as follows:
Commencing at the most Westerly corner of Parcell.
Parcel Map No. 9801. as per plat thereof. recorded in
Book 120 of Maps. Pages 50 and 51. Records of County of
San Bernardino. State of California. said corner being on
a non-tangent curve. concave Southwesterly and having a
radius of 70.00 feet. a radial line of said curve.
through said point. bears North 160 20' 46" East; thence
continuing Southeasterly along said curve. through a
central angle of 420 22' 04". an arc distance of 51.76
feet to the True Point of Beginning; thence continUing
along said curve through a central angle of 410 14' 21".
an arc distance of 50.38 feet; thence South 090 57' 07"
West. a distance of 42.12 feet to the beginning of a
tangent curve. concave Easterly and having a radius of
88.00 feet; thence Southerly along said curve. through a
centra 1 angl e of 100 14' 11". an arc distance of 15.72
feet; thence North 000 17' 04" West. a distance of 105.58
feet to the True Point of Beginning.
25 And is also described in said Resolution of Intention No. 89-193.
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SECTION 3.
The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of
28 the County Recorder of the County of San Bernardino.
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06/20/89
STREET VACATION: PORTION OF SUNWEST COURT. NORTH OF HOSPITALITY LANE
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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:
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
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