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From: ROGER G. HARDGRAVE, lllEk~~fP.D~nL un: Subject:
Dept: Public Works/Engineeri~ SE? 2F ~A i3 i.~3
Date: September 19, 1989
Street Vacation and Protest Hearing
10:00 a.m., and Resolution Ordering
Vacation: Parkways along Meyers Road
and Meyers Court. North of Little
league Drive, within Tract No. 11118
Synopsis of Previous Council action:
08/24/89
Resolution No. 82-191 adopted approving final map for Tract No. 11118.
Finding made that encroachment of private facilities within the street
easements are violations of City Codes, and direction given to notify
property owners to remove said encroachments.
City Engineer and the City Clerk directed to proceed with the vacation of
the parkways on Meyers Road and Meyers Court, within Tract No. 11118.
Resolution of Intention No. 89-365 was adopted, which sets a public
hearing date of 10/16/89 for the proposed vacation of the parkways along
Meyers Road and Meyers Court, per attached Plan No. 7809.
Parkways deemed categorically exempt from California Evnironmental
Qua 1 i ty Act.
05/05/82
08/15/88
05/15/89
06/19/89
Recommended motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave, Di rector of Pub 1 i c Works/Ci ty Engi neer as to why
those parkways along Meyers Road and Meyer Court North of li ttl e League Drive
within Tract No. 11118 are 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
Phone:
5328
Anne DeBolt
Contact person:
. Staff Report, Resolution, Map
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
09/19/89
75-0262
Agenda Item No.
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.. CITY OF SAN BERM:RDINO - REQUEST .oR COUNCIL ACTION
STAFF REPORT
The proposed vacations were initiated on 05/15/89 when Authorization to Proceed was
granted by the Mayor and the Common Council. The proposed vacation is relative to the
many encroachments by the property owners along said streets. On 06/19/89. Plan No.
7809 was approved.
Utility companies and City departments were notified of the proposed vacation on
06/30/89. with a reply due by 07/28/89. No negative comments were received.
Easements were reserved for Ci ty wa ter1 i nes and hydrants. pedestri an access.
sidewalks. street si gns and 1 i ghts. control and mai ntenance of vi si on obstructi ons.
Southern California Edison. Generea1 Telephone and Southern California Gas Comapny.
along wi th an easement reserved for pub 11 c uti 1 i ty purposes. as set forth in the
Resolution of Intention.
On 8/24/89. a Notice of Exemption under Section 15301 of the California Environmental
Quality Act was issued for the propsed vacation of the parkways along Meyers Road and
Meyers Court.
On 09/18/89. Resolution of Intention No. 89-365 was adopted. reserving the above set-
forth easements. and setting a public hearing date of 10/16/89. On 09/27/89. 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 the parkways along Meyers Road and Meyers
Court. for present or future street purposes. Staff recommends the vacation on the
basis of the following Findings of Fact:
1. The above' parkways have been determined by the Department of Public Works to be
of no further necessity to the general public:
a) On 08/24/89. a Notice of Exemption was issued.
2. The required $400.00 fee has been waived as this proceedure was City initiated.
a) By vi rtue of the mail i ng. pos ti ng and pub 11 ca ti on of the proposal. nei ther
thi s offi ce nor the Ci ty Cl erk IS offi ce has recei ved any wri tten protests
against the vacation as of this date.
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservations of easements
for City waterlines and hydrants. pedestrian access. sidewalks. street signs and
lights. control and maintenance of vision obstructions. Southern California
Edison. General Telephone Co.. Southern California Gas. along with a an easement
for pUblic utility purposes. were requested and the same have 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.
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AREA VACATED SHOWN THUS ~~~
OIR
CITY OF SAN BERNARDINO
PUa..IC NaRKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTY SECTION
Sh..t
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STREET / ALLEY VACATION I :n _ ~J
Pa"k~~ a/~~ ~US' I(~aa
and rTletjerJ ~u"'r
FILE NO.: S.Sc- ~t~ PLAH NO.1 7KtJ
09/19/89
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THE PARKWAYS ALONG MEYERS ROAD AND MEYERS COURT. NORTH OF LITTLE LEAGUE
DRIVE. WITHIN TRACT NO. 11118. SAN BERNARDINO. AND RESERVING PUBLIC UTILITY
AND OTHER EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
6 SECTION 1: The Mayor and Common Council of the City of San
7 Bernardino. having heard the evidence offered in relation to the proposed
8 . vacation of those parkways along Meyers Road and Meyers Court. North of
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Little League Drive within Tract No. 11118. more described in City
Resolution of Intention No. 89-365. hereby find from all of the evidence
submitted that such parkways proposed to be vacated by said Resolution are
unnecessary for present or prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby
vaca te those parkways along Meyers Road and Meyers Court. North of Li ttl e
League Drive and within Tract No. 11118. in San Bernardino. California.
more particularly described as follows:
That portion of Tract No. 11118. recorded in Book 162 of
Maps. Page 59/60. Records of the County of San
Bernardino. State of California. described as follows:
Parcell: The Westerly 11.50 feet of Meyers Road lying
within the Boundaries of said Tract. and the Easterly
11.50 feet of Meyers Road lying between the Southeasterly
corner of Lot 20 and the most Northerly corner of Lot 34.
Parcel 2: The Southeasterly and Southerly 6.50 feet and
the Northwesterly and Northerly 6.50 feet of Meyers Court
lying within the boundaries of said Tract.
24 And is also described in said Resolution of Intention No. 89-360.
25 SECTION 3. Nothing in this Resolution shall in any affect or
26 disturb any existing easements for public utility purposes belonging either
27 to the City of San Bernardino or to any public utility. and there is hereby
28 reserved for future general public utility purposes and for this City. an
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STREET VACATION :""..;,PARKWA YS ALONG MEYERS ROAD ANDvr,YERS COURT
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1 easement reasonably necessary to locate such public utility facilities in,
2 over, under or across the real property hereinabove described and to use,
3 maintain, repair, replace or renew such facilities. There is also
4 specifically reserved for the City of San Bernardino, an easement and right
5 at any time, or from time to time, to construct, maintain, operate, replace
6 and renew one or more pipelines, fire hydrant laterals and appurtenances
7 thereto, for the transportation of water, and for incidental purposes,
8 including the right of ingress and egress thereto. There is specifically
9 reserved for the Ci ty of San Bernardi no, an easement in, over, under and
10 across the entire area of the proposed vacation, for pedestrian access,
11 sidewalks, street lights, street name signs, street signals and all
12 appurtenant facilities, and for their use, maintenance, repair, replacement
13 or renewal, also, there is hereby reserved for the Ci ty of San Bernardi no,
14 an easement for the control and maintenance of vision obstructions and
15 appurtenant facilities. There is specifically reserved, an easement for
16 General Telephone Company and Southern California Edison to construct,
17 place, operate, inspect, maintain, repair, replace and remove such aerial
18 and underground telephone, telegraph and communication structures and
19 electrical transmission structures, respectively, as the companies may from
20 time to time require, consisting of poles, anchors, wires, cables, conduits,
21 manho1 es, markers and necessary fixtures and appurtenances. Specifi ca lly
22 reserved for Southern California Gas Company, is an easement and right at
23 any time, or from time to time, to construct, maintain, operate, replace and
24 renew one or ore pipelines and appurtenances thereto, or the transportation
25 of natural gas, and for incidental purposes, including the right of ingress
26 and egress thereto.
27 SECTION 4. The City Clerk of the City of San Bernardino shall
28 cause a certified copy of this resolution to be recorded in the office of
09/19/89
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09/19/89
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STREET VACATION:"".~PARKWAYS ALONG MEYERS ROAD AND ~r::YERS COURT
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the County Recorder of the County of San Bernardino.
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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
, 19 , by the following vote, to-wit:
of
day
AYES: Council Members
NAYS:
ABSENT:
Ci ty Cl erk
The foregoing resolution is hereby approved this
day of
, 19
~. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
Ci ty Attorney
By: ~ y, ~~~
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