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HomeMy WebLinkAbout26-Public Works , cr'TY OF SAN BERtOIDINO - REQUEST OR COUNCIL ACTION ROGER G. HARDGRAVE, Director Subject: Street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation: a portion of Irvington Ave. lying Westerly of Magnolia Avenue, o Public Works/Engineering Date: February 24, 1992 Synopsis of Previous Council ection: 11/04/91 01/13/92 Authorization to proceed was given, and Plan No. 8601 was approved. Notice of Exemption filed with the County Board of Supervisors and a finding of consistency with the General Plan was made. 02/17/92 --- Resolution of Intention No. 92-57 was adopted, which sets a public hearing date of 03/16/92 for the proposed vacation of a portion of Irvington Avenue lying Westerly of Magnolia Avenue, per attached Plan No. 8601. Recommended motion: 01. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that portion of Irvington Avenue lying Westerly of Magnolia Avenue, is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Shauna Clark, city Administrator Andrew Green, Director of Finance James F. Penman, ,City Attorney Contect person: Anne DeBolt Phone: 5328 Supporting date BttBched: Staff Report, Resolution, Map Ward: 5 FUNDING REQUIREMENTS: Amount: Wages on W. O. 1266 Source: (Acct. No.) 001-302-53157 /Acct. DescriDtionl Street Vacation Finance: 'J1l . ./ ./ Oil Notes: 75-D262 Agenda Item NO.-:J..1o CITY' OF SAN BERN~DINO - "REQUEST lOR COUNCIL ACTION o o o 75-0264 STAFF REPORT This vacation was City initiated. 1be major portion of this section of Irvington Avenue is encumbered by the flood control channel (Cable Creek) which increase the City of San Bernardino's liabi li ty. It was decided that vacating this "paper" street would help minimize the City's liability. utility companies and City departments were notified of the proposed vacation on 11/20/91, with a reply due by 12/20/92. No negative comments were received. On 01/13/92, a Notice of Exemption was filed with the County Board of Supervisors and finding of consistency with the General Plan was made. On 02/17/92, Resolution of Intention No. 92-57 was adopted, reserving an easement for sewer and apurtenant facilities over a portion of the area, and an easement for public utilities over another portion of the area of the vacation. That resolution set a public hearing date of 03/16/92. On 02/26/92, the Resolution of Intention was published in a local newspaper, Notices were posted in the area proposed for vacation, and all property owners adjacent to the proposed vacation were notified of said hearing. As there are no plans to utilize this portion of Irvington Avenue as a street, presents the following Findings of Fact: Staff 1. The above portion of the street has been determined by the Department of Public Works to be of no further necessity to the general public and that there are no present or future uses planned. a) A Notice of Exemption was filed with the Clerk of the County Board of Super- visors, .and a finding of consistency with the General Plan was made. b) Traffic flow does not warrant a street in this area, and the San County Flood Control channel encumbering the "street" increase the of the City of San Bernardino in case of an accident. Bernardino liability 2. The vacation of this "paper" street was City initiated. 3. All of the concerned City Departments and Utility Companies were notified of the proposal and all have had the opportunity to respond. Reservations of easements for sewer and appurtenant facilities and public utilities have been reserved over certain portions of the proposed vacation, and the same have been provided for in the Resolution of Intention. Staff recommends the vacation of this "paper" street on the basis of the above Find- ings of Fact. Therefore, we have attached the Resolution Ordering Vacation for your action. 02/24/92 2 ~ . --- ...~w----' " , ....../lJa: I I I I ..~ , II'. .- @ '81" PID Q) \ ".'ac_", I , ~, ( \ \ / ~~ " LAta OF PR-'fr)lEt) VAeAT7tW ~ PLlIIl" "0.1 CITY OF SAN BERNARDINO ~IC NaRKS DEPARTMENT I!NCUNEEJUNG DIVISICIN Sheet R&M. ~NJII SA I Y BECTICIN t.fL STAllET I ~J: YACRICIN I ~a~/~"1l.;~~t~. ~V~f.lL . o o o O? 1?4/Q? . Requested by a~when recorded City Clerk, Ci Hall 300 North "D" reet San Bernardino, CA 92418 mail to: o 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF IRVINGTON AVENUE, WESTERLY OF MAGNOLIA AVENUE, IN THE CITY OF SAN BERNARDINO, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND A PUBLIC UTILITY EASEMENT THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: Tbe Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed 11 vacation of the portion of Irvington Avenue lying Westerly of Magnolia 12 Avenue, more particularly described in City Resolution of Intention No. 13 92-57, hereby find from all of the evidence submitted that such street 14 proposed to be vacated by said Resolution is unnecessary for present or 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prospective street purposes. SECTION 2. Tbe Mayor and Common Council of said City do hereby vacate that portion of Irvington Avenue, Westerly of Magnolia Avenue, San Bernardino, California, more particularly described as follows: Tbose portions of Irvington Avenue, as delineated on the Map of Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book 1 of Records of Survey, Page 32, Records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL NO.1: Beginning at a point in the Northeasterly line of Irvington Avenue, 60 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors, dated February 21, 1910. said point being Northwesterly thereon. a distance of 32 feet from the centerline of Magnolia Avenue; thence Northwesterly along said Northeasterly line of Irvington Avenue to a point in said Northeasterly line which is Southeasterly thereon, a distance of 44 feet from the centerline of Little League Drive; thence Southwesterly at right angles, to the Southwesterly line of said Irvington o o o 02/24/92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 STREET VACATION: PORTION OF IRVINGTON AVENUE LANG "'"ESTERLY OF o MAGNOLIA AVENUE U Avenue; thence Southeasterly along said Southwesterly line to a point in said Southwesterly line which is Westerly thereon, a distance of 32 feet from the center- line of said Magnolia Avenue; thence Northeasterly at right angles. to the Point of Beginning. PARCEL NO.2: Beginning at a point in the Northeasterly line of Irvington Avenue, 60 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors, dated February 21, 1910, said point being Northwesterly thereon, a distance of 44 feet from the centerline of Little League Drive; thence North- westerly along said Northeasterly line of Irvington Avenue to the Westerly boundary of said Map of Irvington Land and Water Company Subdivision; thence Southwesterly along said Westerly boundary to the Southwesterly line of said Irvington Avenue; thence Southeasterly along said Southwesterly line of Irvington Avenue to a point in said Southwesterly line which is Northwesterly thereon, a distance of 44 feet from the centerline of said Little League Drive: thence Northeasterly at right angles. to the Point of Beginning. And is also described in said Resolution of Intention No. 92-57. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either 17 to the City of San Bernardino or to any public utility and there is further 18 reserved for present and future general public utility purposes, and for 19 this City, an easement reasonably necessary to locate sanitary sewer WId 20 appurtenant facilities in, over, under, and across the Northwesterly 15.00 21 feet of that portion of Irvington Avenue lying Southwesterly of Little 22 League Drive, along with the right to construct. use, install. maintain, 23 repair, replace or renew such facilities. The easement herein granted to 24 the City of San Bernardino shall include the right to use such area adjacent 25 to the easement as may be reasonably necessary for performing the work and 26 for access to the work during construction and includes rights of ingress 27 and egress. There is also specifically reserved, an easement for Southern 28 California Gas Company, over the Southwesterly 45.00 feet of that ~ortion of ? o o o 02124/92 . STREET VACATION: o PORTION OF IRVINGTON AVENUE LYING w~STERLY OF MAGNOLIA AVENUE 0 1 Irvington Avenue lying Northwesterly of Little League Drive. to construct. 2 place. maintain, operate. inspect, repair, replace and renew one or more 3 pipelines and appurtenances thereto, for the transportation of natural gas, 4 and for incidental purposes, including the right of ingress and egress 5 thereto. 6 SECTION 4. The City Clerk of the City of San Bernardino shall 7 cause a certified copy of this resolution to be recorded in the office of 8 of the County Clerk of San Bernardino County. 9 / / 10 / / 11 / / 12 / / 13 / / 14 / / 15 / / 16 / / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / 1 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 3 1 2 3 4 5 6 7 8 9 10 11 12 13 o 14 o o 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/24/92 STREET VACATION: PORTION OF IRVINGTON AVENU~ ~NG WESTERLY OF o MAGNOLIA A VENUE V 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 . 1992. by the following vote. to-wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ---- ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER ------- Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of . 1992. W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: James F. Penman. City Attorney "'rf-- 7- 1,,"- /.