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CITY OF SAN BERNARDIN'O 1:. ~1E(io3ist' FOR COUNC~N
From: ROGER G. HAR DGRA V E, RItiO"e~!?l!r{!H. 0 FF~Ubject:
Dept: /
Pub 1 i cWo r k s En gin e ej~n'AN 22 r;"l 4: I 9
D8te:
January 15, 1986
Approval of Plan, Authorization
to Proceed and Resolution of
Intention: Street Vacation:
Portion of Fifth Street, East of
Meridian Avenue
Synopsis of Previous Council action:
None
Recomment:fed motion:
1. That Plan No. 7079, for the vacation of a portion of Fifth Street,
East of Meridian Avenue, be approved and the City Engineer and
City Clerk be authorized to proceed,
2. Adopt the Resolution.
cc: Ray Schweitzer, Acting City Administrator
Warren Knudson, Director of Finance
($,s;Et:k~,
Contact person:
Lewis E. Little
Phone:
5328
Supporting ttata attached:
Ye s
Ward:
3
FUNDING REQUIREMENTS: Amount:
General Fund
$400.00
Sou rce:
001-000-41787 Vacation
riling rees
/JL C /--^-
Finance:
Council Notes:
1
. Agenda Item NO~ (
75-0262
CIT't OF SAN BERNARDIWO - REQUR.,,.,T FOR COUNCIL AC. iON
STAFF REPORT
A request was received to vacate a portion of Fifth Street,
East of Meridian Avenue, from the owners who adjoin the portion
to be vacated relative to a new construction. This request
represents 50% of those owners who adjoin the street. However,
the remaining 50% represents one property owner, whose access
is currently cut off from the street due to a blockwall
existing on the property line abutting the street.
All the interested City Department Heads and the Utility
Companies were notified of the proposal on September 15, 1986,
wi th a reply due on October 16, 1986. The uti 1 i ty companies
have responded and reservations for public utility easements
were requested. A request for a reservation of an easement
for sewer and appurtenant facilities was received from
Engineering Division. Fire and Police Departments wish to
reserve an easement for access for emergency use.
The Pl ann in g Depa rtmen t ha s re sponded a nd has adv i sed us tha t
the Pl ann i ng Com m is s ion recomme nd s the proposed va ca ti on, sub-
ject to the following conditions:
1. Application and approval of a General Plan Amendment
eliminating that portion of Fifth Street from the
General Plan Map;
2. Recordation of a reciprocal access agreement between
all involved property owners and/or;
3. Application and approval of a lot line adjustment
eliminating interior lot lines and thereby creating
one parcel.
The proponents have been notified by letter on October 30,
1986, of the reservations for easements, and the required
conditions, and have responded with notification for us to
proceed. The required $400.00 fee has been paid and it is,
therefore, recommended that favorable consideration be given to
the requested vacation.
The Resolution of Intention, which sets a protest date of March
2, 1987, has been attached hereto for your action also.
1-15-87
75-0264
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SU..JTREET EA.)r OP' ~E~/"JN AVFNIJE.
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1-15-87
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING
ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 5TH STREET,
EAST OF MERIDIAN AVENUE, AND RESERVING AN EASEMENT FOR SANITARY
SEWER AND APPURTENANT FACILITIES, AND FOR PUBLIC UTILITIES, AND
AN EASEMENT FOR ACCESS TO THE CITY OF SAN BERNARDINO POLICE AND
FIRE DEPARTMENTS FOR EMERGENCY VEHICLES.
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 a portion of 5th Street, East of Meridian
Avenue, in said City, which said portion is more particularly
described as follows:
A portion of 5th Street lying East of the East line
of Meridian Avenue as said Meridian Avenue is
delineated on the Map of Tract No. 7050, as per plat
thereof recorded in Book 90 of Maps, page 44,
records of the County Recorder of San Bernardino
County, State of California, described as follows:
Commencing at the Southwest corner of Lot 10 of said
Tract No. 7050; thence North along the West line of
said Lot 10 and being the said East line of Meridian
Avenue a distance of 128-03 feet to the True Point
of Beginning, said point being the beginning of a
curve, concave Southeasterly and having a radius of
20.00 feet; thence Northeasterly along said curve, a
distance of 31.38 feet to the North line of said Lot
10; thence Easterly along the North lines of Lots
10, 9, 8, 7 and 6 of said Tract No. 7050 and the
Easterly prolongation thereof to the West line of
the East 130 feet of the East 5 acres of the
Southwest one-quarter of Government Lot 7, of
Section 6, Township 1 South, Range 4 West, San
Bernardino Meridian; thence North along said West
line, a distance of 56 feet to the Easterly
prolongation of the South line of Lot 5 of said
Tract No. 7050; thence Westerly along said
prolongation and along the South lines of Lots 5, 4,
3, 2 and 1 of said Tract No. 7050 to the beginning
of a curve in the South line of said Lot 1, said
curve being concave Northeasterly and having a
radius of 20.00 feet; thence Northwesterly along
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said curve. a distance of 31.46 feet to the said
East line of Meridian Avenue; thence South along the
Southerly prolongation of said East line to the True
Point of Beginning.
SECTION 2. That the Mayor and Common Council of the
City of San Bernardino. in vacating the above described portion
of said street. elects to proceed under and in accordance with
the provisions of the "Public Streets. Highways and Services
8 Vacation Law". being Division 9. Part 3. of the Streets and
9 Highways Code of the State of California.
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SECTION 3. That the hour of 9:00 A.M. on the 2nd day
11 0 f Mar c h. 1987 . in t he Co u n c i 1 C ham be r s. City Hall . Sa n
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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
15 Mayor and Common Council and offer evidence in relation
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thereto.
For further particulars as to the proposed vacation
17 of the hereinbefore described street. reference is made to that
18 certain map marked "Plan No. 7079" approved February 2. 1987.
19 on file in the office of the City Clerk of said City.
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SECTION 4.
Nothing in this Resolution shall in any
21 way affect or disturb any existing easements for sanitary sewer
22 and appurtenant facilities and for pUblic utility purposes
23 belonging either to the City of San Bernardino or to any public
24 u t 11 ; t y and the rei she r e by res e r v e d for f u t u r e pub 1 i cut 11 i t y
25 purposes and for thi s Ci ty an easement reasonably necessary to
26 locate such sanitary sewer and public utilities over. in.
27 under and across the real property hereinabove described and to
28 use. maintain. repair. replace or renew such facilities; and an
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easement for access to the City of San Bernardino police and
Fire Departments for emergency access.
SECTION 5. That the City Engineer of the City of San
Bernardino hereby is directed to cause Notices of Street
Vacation to be posted as required by the "Public Streets,
Highways and Services Vacation Law".
SECTION 6. That the City Clerk shal"l certify to the
adoption of this Resolution of Intention and shall cause the
same to be published once a week for two successive weeks in
The Sun, a newspaper published and circulated in the City of
San Bernardino, prior to the date of the above public hearing.
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 1987, by the following vote,
to-wi t:
AYES:
NAYS:
ABSENT:
Council Members
C i ty C 1 e r k
The foregoi ng resol uti on is
day of
hereby approved
, 1987.
this
Mayor of the City of San Bernardino
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2 Approved as to form:
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4 City Attorney
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