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CiTy'OF SAN BER"RDINO - REQUEST Q,R COU~~I~' ~~;;~~
From:
ROGER G. HARDGRAVE. Director
Subject:
Resolution of Intention: Vacation of
a portion of 38th Street. West of
Pershing Avenue
Dept:
Public Works/Engineering
Date: March 25. 1991
Synopsis of Previous Council action:
09-17-90 __ Authorization to proceed was given. and Plan No. 8254 was
approved.
11-02-90 __ Notice of Exemption filed with the County Board of Supervisors
Recommended motion:
Adopt Resolution
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
.1Rmp.~ F. Penman. Citv Attornev
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached:
staff Re1><lrt. Resolution. Plan Ward:
4
FUNDING REQUIREMENTS:
Amount:
Wa~es on W.O. 1266
Source: (Acct. No.)
001-302-53157
(Acct. DescriDtionl
Vacation filing fees
Finance:
Council Notes:
.4.nClnrl~ Itpm Nn _
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CITY
. 0
OF SAN BERNARDINO - REQUEST 90R COUNCIL ACTION
STAFF REPORT
A request was received by this office to vacate this unused and undeveloped
section of 38th street, from Mr. and Mrs. Milo Fowler. This vacation procedure
will eliminate the Citv's responsibility for maintenance of the area and will
enable the Fowlers to make better use of their property.
On 09-17-90, authorization was given to proceed with the proposed vacation, and
Plan No. 8254 was approved.
All of the interested City Departments and Utility Companies were notified
of the proposal on 11-15-90, with a reply due by 12-17-90. The responses are
attached for your information. The reservation of an easement for G.T.E. over
the entire area of the proposed vacation was requested, along with a request for
a reservation of an easement over a part of the area proposed for vacation for
Southern California Edison, both of which will have to be reserved. as set forth
in the attached Resolution of Intention. Mr. Fowler has been advised of these
two requests and will contact the respective representatives to discuss these
concerns.
On 11-02-90, a "Notice of Exemption" was filed with the County Board of
Supervisors which eliminates the necessity of the Ne~ative Declaration procedure.
The remaining fee of S375.00 has been paid and it is recommended that
consideration be ~iven to the requested vacation. The Resolution of
which sets a protest date of 05-20-91 has been attached hereto for
also.
favorable
Intention,
vour action
Upon the approval of said Resolution of Intention. all adjacent property owners
will be notified by mail of the hearing date.
o
o
Citv Department and utility Companv responses relative to the proposed
vacation of a portion of 38th street. West of Pershin~ Avenue.
CITY DEPAR~NTS.
BUILDING & SAFETY
ENGINEERING
FIRE
PARK & RECREATION
PLANNING
POLICE
PUBLIC BUILDINGS
PUBLIC SERVICES
RDA
RISK MANAGEMENT
TRAFFIC ENGINEERING
OBJECT
UTILITY COMPANIES
AT & T
CHAMBERS CABLE TV
CITY WATER DEPT.
COMCAST CABLE
CONTINENTAL TELEPHONE
EAST VALLEY WATER
GENERAL TELEPHONE
METROPOLITAN WATER
PACI~IC TELEPHONE
SAN BNDO V ALLEY
HUNI WATER DIST.
SAN GABRIEL VALLEY
HUNI WATER DIST.
SOUTHERN CALIF EDISON
SOUTHERN CALIF GAS
SOUTH SAN BNDO COUNTY
WATER
03-25-91
po ~QLQ~CT
X
X
X
CO~ll]~S.
NO RESPONSE
X
NO RESPONSE
X
X
X
X
X
NO RESPONSE
RESERVE EASE~ENT~:
YES NO
COMl'IENTS
X
X
NO RESPONSE
x
X
NO RESPONSE
NO RESPONSE
ENTIRE AREA
NO RESPONSE
X
NO RESPONSE
X
X
PARTIAL AREA
x
NO RESPONSE
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DIRICTOR F PUILIC WORkS /CITY ENGINIIR
Pr.p.r.d ~" Ih..t
Ch.ck.d ~V I I I
DillTI I of
ARIA VACATED SHOWN THUS
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CITY OF SAN BERNARDINO
PUllUC NQIIlIKS DEPARTMENT
r'Gr"'.EfUNII DIVISION
REJIlL. ""0fI.~. V ..... . ION
STREET I ALLEY YACM'ION I
P0I2r10N OF 38/'H ,srl2EE.1
W6ST OF P€./<SHIN(8
AU. / E
PUI" NO.1
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RESOLUTION NO.
---------
RESOLuiION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PORTION or 38TH STREET WEST OF PERSHING AVENu~.
AND RESERVING PUBLIC UTILITY EASEMENTS.
BE IT RESOLVED BY THE MAYOR AND CO~~ON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor and ComRon Council of the Citv of San
Bernardino hereby declare their intention to order the vacation of a
portion of 38th Street, West of Pershing Avenue, described as follows:
That portion of 38th Street as delineated on the map of
Tract No. 2436, as per plat recorded in Book 34 of Maps.
Page 91, in the office of the County Recorder of said
Count). described as follows:
Beginning at the Northeast corner of Lot 18 of said Tract
No. 2436; thence Southwesterly along the North line of
said Lot 18. a distance of 131.70 feet; thence
Northwesterly along the Southerly prolongation of the
Northeasterly line and the Northeasterly line of Lot 15
of said Tract No. 2436. a distance of 40.8 feet; thence
Northeasterlv along the Southerly line of Lots 16 and 17
of said Tract No. 2436. a distance of 158.71 feet to the
West line of Pershing Avenue (Reid Place) as shown on the
map of said Tract No. 2436; thence South along the
Southerly prolongation of the West line of said Pershing
Avenue, a distance of 44.48 feet to the Point of
Beginning.
SECTION 2.
That the Mayor and Common Council of the Citv of
San
Bernardino. in vacating the above described portion of said streets.
elect
21 to proceed under and in accordance with the provisions of the "Public
22 Streets. Highways and Services Vacation Law". bein!! Division 9, Part 3, of
23 the Streets and Highways Code of the State of California.
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SECTION 3.
That the hour of
on the 20th day of
25 Mav, 1991, in the Council Chamber of the City Hall, San Bernardino. Cali-
26 fornia. be. and the same hereby is fixed as the time and place when and
27 where all persons interested in or objecting to the proposed vacation mav
28 appear before the said Mayor and Common Council and offer evidence in
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n'1/,")~ IQ1
STREET VACAT<=): POHTIUN Of 38TH STHEEl. WESt:)t PEHsHINb A\~NU~
relation thereto. For further particulars as to the proposed vacation of
the hereinbefore described portion of said streets. reference is made to
that map marked "Plan No. 8254" approved September 17. 1990. on file in
the office of the City Clerk of said City.
SECTION 4. Nothing in this Resolution shall in any wav affect or
disturb any existing easements belonging either to the City of San
Bernardino or to any public utility. and there is hereby reserved for
future general public utility purposes and for this City an easement
reasonably necessary to locate such public utility facilities over. in.
under or across the real property hereinabove described and to use.
maintain. repair. replace or renew such facilities. There are also
specifically reserved. easements for Southern California Edison and General
Telephone Company. to construct. place. operate. inspect. maintain. repair.
replace and remove such aerial and undergroUIld electrical and tele-
communication transmission structures. as the companies may time to time
require. consisting of poles. anchors. wires. cables. conduits. manholes.
markers. and necessary fixtures and appurtenances. and include the rights of
ingress and eRress. thereto.
SECTION 5. That the City Engineer of the City of San Bernardino
is hereby 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 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 date of the ubove
public hearinll.
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24 Approved as to form
and le~al content:
Eiil,r":-.....,-
n~ n~ /Q1
~l~Ll ~ALA1<:);
rU~l~U~ vr JD~n ulhLL1,
01:."'0'
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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
da~'
of
. 1991. bv the followinR vote. to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MACDSLEY
MINOR
POPE-LUDLAM
MILLER
Citv Clerk
The
foregoing resolution is hereby approved this
day
of
. 1991.
w. R. Holcomb. Mayor
City of San Bernardino
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James F. Penman.
Citv Attornev
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