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HomeMy WebLinkAbout29 Public ServicesCITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Dept: Development Services Date: July 21, 1999 RI i Vii L Subject: Public Hearing: 10:00 am and Resolution Ordering Vacation - -- East /West Alley, North of Baseline Street, between Mountain View Avenue and Genevieve Street. File No. 15.30-345 Synopsis of Previous Council Action: MCC Date: 08 -16 -99 04/05/99 - Authorization to proceed with the proposed vacation of the east /west alley north of Baseline Street, between Mountain View Avenue and Genevieve Street was given and Plan No. 9949 was approved. 07/19/99 - -- Resolution of Intention No. 1999 -176 was adopted. Recommended Motion: That the public hearing be closed and the Findings of Fact as set forth in the Staff Report from the Director of Development Services, as to why the east /west alley North of Baseline Street, between Mountain View Avenue and Genevieve Street is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution 1, d,�) Michael E. ays Contact person: LASZLO "Les" FOGASSY Phone: Supporting data attached: Staff Report, Reso., Map Ward: 5026 2 FUNDING REQUIREMENTS: Amount: $1000.00 (Paid by Petitioner) Council Notes: Source: (Acct. No.) 001- 000 -4780 (grit nPSrrirtinn) Street Vacation Processing Fees Finance Agenda Item No _ a9 914 q� CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing: 10:00 am and Resolution Ordering Vacation - -- East /West Alley North of Baseline Street, between Mountain View Avenue and Genevieve Street. I::_ �II!'��111►11� A request was received from Theodore Herwood, Trustee of the Herwood Trust, which owns the property at 1225 N. Mountain View Avenue and the vacant lot at the rear of the property, and from four adjacent property owners, to vacate the east /west alley between Mountain View Avenue and Genevieve Street. The petitioner has paid the required processing fee of $1,000; this request was submitted to eliminate the dumping and loitering common to this alley. City Departments and Utility Companies were notified of the proposal and asked to comment on any conflicts or easement reservations. No conflicts were noted, however, Southern California Edison, GTE and Comcast Cable TV have all requested the reservation of an easement for their existing facilities and this will need to be reserved. On July 19, 1999, Resolution of Intention No. 1999 -176 was adopted, setting a public hearing for August 16, 1999. As required by law, the Resolution was published in the Sun Newspaper and notices were posted; adjacent property owners were also given notice by mail. There appears to be no further necessity of the area proposed for vacation for public right of way purposes and we recommend the vacation based upon the following facts: 1. The proposed vacation has been determined by the Director of Development Services to be of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections from any adjoining property owners. 4. All City Departments and affected utility companies were notified of the proposal and no conflicts were noted and any requested easements will be reserved. The recording of the Resolution Ordering Vacation, which finalizes the vacation, is attached for your action. FINANCIAL IMPACT: The applicant has paid the $1,000 processing fee that covers the City's cost for the proceedings. RECOMMENDATION: Staff recommends that the hearing be closed, the Finding of Facts be adopted and the Resolution Ordering Vacation be adopted. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION ®indicates un— incorporated areas within City's Sphere of Influence VICINITY MAP PROPOSED VACATION OF THE EAST/WEST ALLEY NORTH OF BASELINE STREET BETWEEN MT. VIEW AVENUE AND GENEVIEVE STREET /sue vs , - es-- so• 12 G 3. t 34 � ��,• 5 z2 s ` ,. n C-:- 0 28 ( , J 7 33 ! 1 4 g 9 23 Q r- X Rd 37 /ss.ta•.. - 10 ioo• 6. 30 Pot. Lot 6 ti r` h`+• Por. Lot 7 rort '160 /sue eY u - -- lsl -- 19 y 18 17 4J /sue vs , - es-- so• 12 G 3. ti a � ��,• 5 z2 s ` ,. n C-:- 0 28 ( , J 7 t` ! 1 4 g 9 23 • as � r- X Rd } so• t�.:e'i se• so• 1 2 3 ti se• er.s' ? I ` ,. n C-:- 0 28 ( , /ss.ta•.. - 10 ioo• 6. 0 9 Pot. Lot 6 ti r` h`+• Por. Lot 7 rort '160 /sue eY X11 f o ti % Z ul 1 2 3 8 1 2 3 ti V lO ? i ,. n C-:- 0 28 ( , � W + ` i • (j� W N I f ?' SS' SO• 1 1 1 SO' Gl.J' srPEEr ! r t r CITY ENGINEER Prepared by: Checked by: Date: 3/10/99 SHEET 1 of I PLAN NO.: 9949 FILE NO: 15.30 -345 CITY OF SAN BERNAR NO DEVELOPMENT SERVICES DEPARTMENT PUTBLIC WORKS DIVISION PROPOSED VACATION OF AN ALLEY LOCATED BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE STREET NORTH OF BASELINE STREET AREA OF VACATION SHOWN AS 77 1 2 3 4 , V lO � W + ` i • (j� W N I f ?' SS' SO• 1 1 1 SO' Gl.J' srPEEr ! r t r CITY ENGINEER Prepared by: Checked by: Date: 3/10/99 SHEET 1 of I PLAN NO.: 9949 FILE NO: 15.30 -345 CITY OF SAN BERNAR NO DEVELOPMENT SERVICES DEPARTMENT PUTBLIC WORKS DIVISION PROPOSED VACATION OF AN ALLEY LOCATED BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE STREET NORTH OF BASELINE STREET AREA OF VACATION SHOWN AS 77 0i 1 t� - C I T Y O F an bernardino yDf tir � R A C H E L C L A R K C I T Y C L E R K August 18, 1999 Errol Mackzum San Bernardino County Recorder 222 West Hospitality Lane San Bernardino, CA 92415 -0022 Dear Mr. Mackzum: Enclosed is Resolution 1999 -211 adopted at the August 16, 1999 Mayor and Common Council meeting. Please record this document as soon as possible, and return it to my attention. Sincerely, Rachel Clark City Clerk By: Melanie Miller Senior Secretary P. O. B O X 1 3 1 8, S A N 8 E R N A R D I N 0, C A 8 2 4 0 2 3 0 0 N O R T H O S T R E E T S A N B E R N A R D I N O C A l I F 0 14 N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2 ( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4. 5 1 5 8 T D D/ T T Y -( 9 0 9) 3 8 4- 5 5 4 0 PLEASE CON1PLETE THIS 194ORIMIM mp C m mmma meaueffm BY: CITY OF SAN BEBNABDIFO CITY CIEJm'S OFFICE AND WHEN MX)RDED MAIL TO: CITY CLMS OFFICE P 0 BOX 1318 SAN BERNARDI[No CA 92402 Attn: K. Killer p Resolution 1999-211 T'ide of Dmufnmt :T' Zil W : :w, 2- I. ....... 0" z -3 - 4 © wr. a Kry.-.s ow, Trmu-Tm mcmjj�'� Resolution 1999-211 T'ide of Dmufnmt :T' Zil W : :w, 2- I. ....... 0" z -3 - 4 -1 mew. 40"mMiow Mk. Zil : :w, I. ....... 0" -3 Mk. THUS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Addidanal Recardkig Fee App8m) Zil THUS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Addidanal Recardkig Fee App8m) i 1 2 3 i I D( 61, 7� 8 9 101 111 121 13 14 15 1611 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, RACHEL CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that the foregoing and attached copy of the City of San Bernardino Reso ution 1999 -21 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 18th day of August , 19 99 Rachel Clark, City Clerk By: Melanie Miller, Senior Secretary 1 2 3 4' 5! 6 7 8' I 9 101' 11 12 131 14 15 16 17' 18 I 19 201 21 22 23 24'' i 25 26 27 28' 03FIly RESOLUTION NO. 1999 -211 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN EAST/WEST ALLEY LOCATED NORTH OF BASELINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE STREET. 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, having heard the evidence offered in relation to the proposed vacation of that certain East/West alley located North of Baseline Street, between Mountain View Avenue and Genevieve Street, described in Resolution of Intention No. 1999 -176, hereby find from all of the evidence submitted that such alley proposed to be vacated by said Resolution is unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that certain East/West alley located North of Baseline Street between Mountain View Avenue and Genevieve Street, more fully described as follows: That portion of Platt-Burton Subdivision as per map recorded in Book 18 of Maps, page 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest corner of Lot 1 of said Platt-Burton Subdivision, said point also being on the East line of Mountain View Avenue; thence East, along the North Lines of said Lot 1 and Lots 2, 3 and 4 of said Platt-Burton Subdivision to the Northeast corner of said Lot 4, said point also being on the West line of Genevieve Street; thence North, along a straight line, to the Southeast corner of Lot 5 of said Platt-Burton Subdivision; thence West, along the South line of said Lot 5 to the Southwest corner thereof; thence South, along a straight line to the point of beginning. And also described in Resolution of Intention No. 1999 -176. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any 07/21/99 1 1 2 3 4 Ni 6 7 8 9 10 11 12 13 14 15 is 18 19 20 21 22 23 24 25 26 27 28 I( 1999 -211 RESOLUTION ORDERING VACATION THAT CERTAIN EAST/WEST ALLEY LOCATED NORTH OF BASELINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE STREET. public utility and there is hereby specifically reserved to Southern California Edison an easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manholes markers and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Comcast Cablevision an easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for GTE an easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress. SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. August 9, 1999 2 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 1999 -211 RESOLUTION ORDERING VACATION THAT CERTAIN EAST/WEST ALLEY LOCATED NORTH OF BASELINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint adjourned meeting thereof held on the 16th day of August , 19 99 , by the following vote, to I wit: Council Members: AYES ESTRADA x x LIEN MCGINNIS x SCHNETZ x (VACANT) - 5th ward ANDERSON x x MILLER NAYS ABSTAIN ABSENT City lerk The foregoing resolution is hereby approved this /7�-day of _ August , 19 99 Approved as to form and legal content: JAMES F. PENMAN City A rney By: n--o 4. ro-L"V"' 07/21/99 3 Betty Dean Anderson Mayor Pro Tem