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Home My WebLink About09-Development Services C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c c From: Valerie C. Ross, Director Subject: Resolution of Intention: Vacation ofa portion of Pear Street, north of Walnut Street and east of Mount V ernon Avenue. Dept: Development Services Date: February 7, 2008 File No.15.30-397 MCC Date: March 3, 2008 Synopsis of Previous Council Action: 01/07/2008 - Authorization was given to proceed with the proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue; Plan No. 12358 showing the proposed vacation, was approved. Recommended Motion: Adopt Resolution. fdIwj.l t. 'RI#- Valerie C. Ross Contact person: Ryan Sandoval 5226 Phone: Supporting data attached: Staff Report, Maps, Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: NIA Account Description: NIA Finance: Council Notes: Agenda Item No. 2>lSjnK . q ,. c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: Vacation of a portion of Pear Street, north of Walilut Street and east of Mount Vernon Avenue. BACKGROUND: On September 10,2007, an application was received from Roberto Castro, requesting the vacation ofa portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue. This portion of the street proposed to be vacated is located south of the Lytle Creek Channel and is adjacent to parcel number 0137-113-12, which is owned by Roberto Castro and parcel number 0137-111-01, which is owned by Rigoberto Altamirano. The street was dedicated to the City on the maps of the adjacent tracts. Mr. Castro has requested the vacation of this portion of Pear Street for security reasons. This portion of the street is only partially paved, and not being used for public access since it dead-ends at Lytle Creek Channel. A map showing the general vicinity and Plan No. 12358 showing the details of the proposed vacation are attached for reference. On January 7, 2008, authorization to proceed with the proposed vacation was given and Plan No. 12358 was approved. City departments, utility companies and other government entities were notified of the proposal and were given the opportunity to subrnit easement reservations and any comments or conflicts. Several responses were received and all were favorable of the vacation. There was a request to reserve a utility easement from Southern California Edison, which will need to be reserved as required by law. The attached Resolution of Intention sets a public hearing for Monday, April 7, 2008. Upon approval, the Resolution will be published in the Sun, and this portion of the street posted. At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action. FINANCIAL IMPACT: None. The applicant has paid the total amount of $2,000 for the completion of the vacation proceedings. . RECOMMENDATION: Adopt Resolution. ATTACHMENTS: I. Vicinity Map 2. Area Proposed to be Vacated '3-3-0g f?epacefl1Ptd- fajf ;tJO. J . Highland Ava. Base Line Sl 5thSl Rlalto Ava. MIIISl Orange how Rd. .. . . o .K Proposed Street Vacation VICINITY MAP NTS ;] CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERlY SECTION PROPOSED VACATION OF A PORTION OF STREET NORTH OF WALNUT STREET, EAST OF MOUNT VERNON AVENUE. ~ Indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date:11/27/07 '-, , . / I , ~ -+. -JIlHU - ... - ~~- --- @@ ~ ijf l 1 tJ --- - ..@ ~ ...@ ..@ ~Q CI)~ ~~ ~~ a. 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Z ~ II 1Il ::s e .<:: a.. 0 a.. 0 0:: a.. 01- W Zz !;( -w 0::;: c O:::li:l5 <{~- Zwt) 0::: Ow WCJ)CJ) ro~~ 50:: zffiw <{CJ) (/)1-0.. ffi-l lJ..::;:i1j 00..0:: 9 >-w t-ti; -0 U . i ~ e '" a. a. <( c c c 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF PEAR STREET, 4 NORTH OF WALNUT STREET AND EAST OF MOUNT VERNON AVENUE. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of a portion of Pear Street, north of Walnut 9 10 11 Street and east of Mount Vernon Avenue as depicted on the attached map marked as Exhibit "A" and described herein as follows: 12 13 14 15 16 17 18 19 20 21 22 That portion of Pear Street as delineated on the map ofW. A. Boren's Subdivision per map recorded in Book 2 of Maps, Page 9, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the southeast comer of Lot I of Block H, of said W. A. Boren's Subdivision, said point also being the intersection of the west line of Pear Street and the north line of Walnut Street, both having a half width 000 feet; Thence north, along said west line of Pear Street and the east line of said Lot 1 to the northeast comer of said Lot 1; Thence east, along a straight line, a distance of 60 feet to the northwest comer of Lot 8 of Block A of said W. A. Boren's Subdivision, said point also being the east line of said Pear Street; Thence south, along said east line of Pear Street and the west line of said Lot 8 to the southwest comer of Lot 8, said point also being the north line of Walnut Street; Thence west, along a straight line, a distance of 60 feet to the Point of Beginning. 23 .SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 24 vacating the above described portion of said streets, elects to proceed under and in accordance 25 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 26 being Division 9, Part 3, of the Streets and Highways Code of the State of California 27 28 SECTION 3. That the hour of 4:30 p.m., on Monday, April 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time '3 - -;-~ N'lI1"/tlO AJ;,. ~ I r"'" 1 r...,.t 2 3 4 5 6 7 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF PEAR STREET, NORTH OF WALNUT STREET AND EAST OF MOUNT VERNON AVENUE. and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 12358", approved by the Mayor and Common Council on 01/07/2008, a copy of which is on file 8 in the office of the City Clerk of said City. SECTION 4. 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 public utility and there is hereby specifically reserved for Southern Califomia Edison, its successors, heirs and assigns, 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. SECTION 5. That the Director of Development Services of the City of San Bernardino hereby is directed to cause Notices of Street Vacation to be posted as required by said "Public Street, Highways and Service Easements Vacation Law." SECTION 6. That the City Clerk shall 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 above date set forth for the public hearing. 26 C 27 /11 28 IV../1....U\O " 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF PEAR STREET, NORTH OF 2 WALNUT STREET AND EAST OF MOUNT VERNON AVENUE. 3 4 5 Common Council of the City of San Bernardino at a 6 held on the day of 7 wit: 8 19 20 21 The foregoing resolution is hereby approved this 20_ 22 23 24 25 26 iC c 9 10 11 12 13 14 15 16 17 18 C 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof , 20_, by the following vote, to Council Members: NAYS ABSENT AYES ABSTAIN ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of Approved as to form: PATRICK J. 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