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HomeMy WebLinkAbout27-Public Works ~ ........... ...... ............~ .......~ catv OF SAN BERNAC))INO - REQUEST PQ) COUNCIL ACTION From: ROGER G. HARDGRAVE. Director Subject: Street Vacation and Protest Hearing: 10:00 am Portion of'38th Street. West of Pershing Avenue. Dept: Public WorksfEngineering Dme: April 29. 1991 Synopsis of Previous Council ection: 10/01/90 -- Authorization to proceed was given. and Plan No. 8254 was approved. 11/20/90 --- Notice of Exe~tion was filed. and a finding of consistency with the General Plan was lude. 04/15/91 --- Resolution of Intention No. 91-134 was adopted. which sets a public hearing date of OS/20/91 for the proposed vacation of a portion of 38th Street. West of Pershing Avenue per attached Plan No. 8254. Recommended motion: 1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report fro. Roger G. Hardgrave. Director of Public Works/City Engineer as to why that portion of 38th street West of Pershing Avenue is no longer necessary for street purposes. be adopted. 2. Adopt Resolution. cc: Shauna Edwins. City Admnistrator Andrew Green. Director of Finance JA~~ P. p.ft~n. Ci~v Attnrn~v ContllCt penon: Anne DeBolt Phone: 5328 Supporting dete albt..hed: staff RellOrt. Resolution. Mall Werd: 4 FUNDING REQUIREMENTS: Amount: Wa~s on W. O. 1266 Source: IAcct. No.1 001-302-53157 (Acct. DescriDtionl street Vacation Finance: l L ....t,~ i' Council Notes: 75-0262 Agenda Item No .:2.7 .. - - iBll - ClTY:OF SAN BERNII8DINO - REQUEST FcQ COUNCIL ACTION '''&:tAft. f~ ;r. '-\ ',' -, . ',' ~. _ ~ ," _ .~.., _ ~,::_ . ' -"___:, _ '. t staff received a request froll Hr. and Hrs. Milo Fowler to vacate a portion of 38th street. West of Pershing Avenue in an effort to better utilize their three hillside pieces of property located Northwesterly of said 38th street: (Assessor's Parcel Numbers 271-091-31. 271-091-32 and 271-091-33). 38th Street in this area is a "paper" street and has never been constructed. Authorization was given on 10/10/90. to proceed with the proposed vacation and Plan No. 8254 was approved. utility coapanies and City departments were notified of the proposed vacation on 11/15/90, with a reply due by 12/17/90. No negative coaaents were received. Easeaents were requested by Southern California Edison and General Telephone Coapany over the East 12 feet of the North 12 feet of the proposed vacation. On 11/02/90. a Notice of Exellption was filed with the secretary of the County Board of Supervisors. and a finding of consistency with the General Plan was aade. On 04/15/91. Resolution of Intention No. 91-134 was adopted. reserving easllllents for public utilities over the East 12 feet of the North 12 feet of the vacation. That resolution sets a public hearing date of OS/20/91. On 04/24/91. the Resolution of Intention was published in a local newspaper, Notices were posted 04/25/91 in the area proposed for vacation. and all property owners adjacent to the proposed vacation were notified of said hearing. There appears to be no further necessity for that portion of 38th street. West of Pershing Avenue either for present or future street purposes. Staff reco_ends the vacation on the basis of the following Findings of Fact: 1. The above portion of the street has been deterained by the Departaent of Puhlic Works to be of no further necessity to the general public: a) A Notice of Exellption was filed, and a finding of consistency with the General Plan was aade. b) This is a "paper" street and it has never been used as a street. 2. The required $750.00 fee has been paid. 3. All of the concerned City Departaents and utility Coapanies were notified of the proposal and all have had the opportunity to respond. Reservations of easeaents for Southern California Edison and General Telephone Coapany have been reserved over the East 12 feet of the North 12 feet of the proposed vacation. along with an easement for ingress and egress for a portion of Lot 17 of Tract No. 2436 known as Assessor's Parcel Number 271-091-33 have been provided for in the Resolution Ordering Vacation. 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. 04/29/91 2 7s..0264 ;. " ~'. @ IP ,.(i) e \...",' ,~~ ~ \. (!) \., ( ~ EDGE-~ 30 /" .., . ~ ~ " ,.-- 'iC? -':.,~,' Ie", ) .~ ~ "'~~ _. '. 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KIN 'LM 1tG.. 0Ii1 " nL"?O /01 o o 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 RESOLUTION NO. RESOLUTION OF THE CIn OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 38TH STREET WEST OF PERSHING AVENUE IN THE CIn OF SAN BERNARDINO AND RESERVING EASEKENTS FOR PUBLIC UTILITIES AND AN EASEKENT FOR INGRESS AND EGRESS FOR A PORTION OF LOT 17 OF TRACT NO. 2436 THEREIN. BE IT RESOLVED BY THE KAYOR AND COHMON COUNCIL OF THE CIn OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Coaon Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of 38th Street West of Pershing Avenue, IlOre particularly described in City Resolution of Intention No. 91-134. here~ find froll all of the evidence submitted that such street proposed to be vacated ~ said Resolution is unnecessary for present or prospective street purposes. SECTION 2. The Mayor and Co_on Council of said City do hereby vacate a portion of 38th Street. West of Pershing Avenue. San Bernardino. California. lIore particularly described as follows: That portion of 38th Street as delineated on the _p of Tract No. 2436. as per plat recorded in Book 34 of Maps, Page 91. in the office of the County Recorder of said County. 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 North- westerly along the Southerly prolongation of the North- easterly line and the Northeasterly line of Lot 15 of uid Tract No. 2436. a distance of 40.8 feet; thence Northeasterly 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 PershiDlf Avenue (Reid Place) as shown on the up of uid Tract No. 2436; thence South along the South- erly prolongation of the West line of said Pershing Avenue, a distance of 44.48 feet to the Point of Beginning . And is also described in said Resolution of Intention No. 91-134. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easuent belonging either to the City of San Bernardino 1 aLl STREET VACATION: PORTION OF 38TH STREET, o WEST OF PERSHING AVENUE. o 1 or to any public utility, and there is hereQy specifically reserved over the 2 East 12 feet of the North 12 feet, for Southern California Edison and 3 General Telephone Company, easeJllents to construct, place. operate, inspect, 4 maintain. repair. replace, and relllove such aerial and underground electrical 5 and teleco.-unication transmission structures. as the companies may from G time to time require, consisting of poles, anchors, wires, cables. conduits, 7 manholes. markers. and necessary fixtures and appurtenances. including the 8 rights of ingress and egress, thereto. There is also specifically reserved 9 an easement for ingress and egress for a portion of Lot 17 of said Tract No. 10 2436, known as Assessor's Parcel Number 271-091-33. 11 SECTION 4. The City Clerk of the City of San Bernardino shall 12 cause a certified copy of this resolution to be recorded in the office of 13 the County Recorder of the County of San Bernardino. 14 II 15 I I 16 I I 17 I I 18 I I 19 I I 20 I I 21 I I 22 I I 23 I I 24 I I 25 II 26 I I 27 II 28 II 129/91 2 04129/91 :>lkt.El VAI.:AlluN: .i:'UR1'lUN OF 36TH STREET. o WEST OF PERSHING AVENUE. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of 20 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Co.on Council of the City of San Bernardino at a meeting thereof held on the day of . 1991. by the following vote. to-wit: COUNCIL KEKBERS: AYES NAYS ABSTAIN ESTRADA REILLY FLORES HAUDSLEY KINOR POPE-LUDLAK KILLER City Clerk The foregoiog resolution is hereby approved this day . 1991. 21 22 23 24 Approved as to fom and legal content: 25 26 W. R. Hole_b. Mayor City of San Bernardino JlIIIeS F. Pmman. City Attorney ~ 28 By: I~ o 27 ., T-(~ 3