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_~ITY OF SAN RRNARDTNO - Rl!uUIEST FOR COU~t2fiON
ROGER G. HARDGRAVE, Director Street Vacation -- Protest
From: Subject: Hearing 9:00 a.m., and Resol ution
Public Works/Engineering Ordering Street Vacation:
o.pt: Portion of 5th Street, East
February 23, 1987 of Meridian Avenue
Dat8:
Synopsis of Previous Council ection:
02/02/87 -- Your Honorable Body adopted Resolution of Intention No. 87-
31 w hi c h set sap u b li c he a r i n g date of Mar c h 9, 1987 , for
the proposed vacation of a portion of 5th Street, East of
Meridian Avenue, per attached Plan No. 7079.
Recommenr.led motion:
1.
That the hearing be closed and the Findings of
the Staff Report from Roger G. Hardgrave,
Works/City Engineer as to why a portion of
Meridian Avenue, is no longer necessary for
adopted.
Fact, as set forth in
Director of Public
5th Street, East of
street purposes, be
and
2. Adopt Resolution
Ray Schweitzer, City Administrator ~ ~~
Warren Knudson, Director of Finance ~ ~
Signa;ure
cc:
Supporting data attached: Yes
Ward:
5328
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Contact person:
Lou Little
Phone:
FUNDING REQUIREMENTS:
General Fund
Amount: Wages on W.O. 12~urC8: 001-000-41787
vacatlon tl11ng tees
Finance: / Ie. C;t:.
1_-
Council Notes:
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Agenda Item No. 4t.
7~.0262
. '.
CI~ OF SAN BERNARDICb - REQUEQo FOR COUNCIL AC'f:bN
STAFF REPORT
Upon receiving a request from 50S of the adjoining owners to vacate a
portion of 5th Street, East of Meridian Avenue, and after notification
of all interested City Department Heads and Utility Companies, your
Honorable Body approved the attached Plan No. 7079 and authorized thi s
office to proceed on February 2, 1987.
On the same date the Resolution of Intention, which contains a reserva-
tion of an easement for a sani tary sewer and appurtenant faci 1 i ties, an
easement for public utilities, and an easement for access for San
Bernardino Police and Fire Departments for emergency vehicles, was
approved. As required by law, the portion proposed for vacation was
posted by this office on February 11,1987, and the Resolution was
pub 1 i shed on the sa me da te.
In the opinion of this Division, there is no further necessity for the
portion of 5th Street, East of Meridian Avenue, either for present or
prospecti ve street purposes. Therefore, we recommend the vaca ti on on,
the basis of the following Findings of Fact:
1. Planning Department has recommended the proposed vacation, SUbject
to the following conditions:
al Recordation of a reciprocal access agreement between all in-
volved property owners, or
b) Application of a lot line adjustment eliminating interior lot
lines and thereby creating one parcel.
cl This office has received a reciprocal access agreement between
all property owners.
dl Planning Department's prior requirement of a General Plan
ammendment has been removed, since this portion of 5th Street
is not a part of the General Plan.
2. 50S of the adjoining property owners have requested the proceedings
and the required $400.00 fee has been paid. The remaining 50S of
owners constitutes one owner, namely Hardivan and Hansa Patel, who
own the parcel di rectly East of the Easterl y terminus of tha t
portion of 5th Street. There is, however, no access to 5th Street
from this parcel due to an existing block wall at the Easterly
terminus of that portion of 5th Stree~
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75-0264 .. J _ I _ __
CI~ OF SAN BERNARDIQ) - REQUEQ FOR COUNCIL Ae'lQ)N
STAFF REPORT
3. All of the interested City Department Heads and Util i ty Companies
have been notified of the proposal and all have given their
respective consent with the following reservations:
a) A reservation of an easement for sanitary sewer and appurtenant
facilities,
b) A reservation of an easement for public utilities, and
c) A reservation of an easement for access for the San Bernardino
City Police and Fire Departments for emergency vehicles.
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. Therefore, we have attached.
the said Resolution Ordering the vacation for your action.
3
75-0264
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2124/87
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT
PORTION OF 5TH STREET, EAST OF MERIDIAN, IN THE CITY OF SAN
BERNARDINO AND RESERVING AN EASEMENT FOR SEWERS AND APPURTENANT
FACILITIES, AN EASEMENT FOR PUBLIC UTILITIES, AND AN EASEMENT
FOR ACCESS FOR THE SAN BERNARDINO CITY POLICE AND FIRE
DEPARTMENTS FOR EMERGENCY VEHICLES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council of the City of
San Bernardino, having heard the evidence offered in relation
to the proposed vacation of that portion of 5th Street, East of
Meridian Avenue, more particularly described in City Resolution
of Intention No. 87-31, hereby find from all of the evidence
submitted that such street proposed to be vacated by said
Resolution are unnecessary for present or prospective street
purposes.
SECTION 2. The Mayor and Common Counci 1 of sa i d Ci ty do
hereby vacate that portion of 5th Street, East of Meridian
Avenue, San Bernardino, California, more particularly described
as follows:
A portion of 5th Street lying East of the East line
of Meridian Avenue as said Meridian Avenue is
delineated on the Map of Tract No. 7050, as per plat
thereof recorded in Book 90 of Maps, page 44, records
of the County Recorder of San Bernardino County,
State of California, described as follows:
CommenCing at the Southwest corner of Lot 10 of said
Tract No. 7050; thence North along the West 1 i ne of
said Lot 10 and being the said East line of Meridian
Avenue, a distance of 128.03 feet to the True Point
of Beginning, said point being the beginning of a
curve, concave Southeasterly and having a radius of
20.00 feet; thence Northeasterly along said curve, a
distance of 31.38 feet to the North line of said Lot
10; thence Easterly along the North lines of Lots 10,
1
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2124/87
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9,8, 7, and 6 of said Tract No. 7050 and the Easter-
ly prolongation thereof to the West line of the East
130 feet of the East 5 acres of the Southwest one-
quarter of Government Lot 7 of Section 6, Township 1
South, Range 4 West, San Bernardino Meridian; thence
North along said West line, a distance of 56 feet to
the Easterly prolongation of the South line of Lot 5
of said Tract No. 7050; thence Westerly along said
prolongation and along the South lines of Lots 5,4,
3,2, and 1 of said Tract No. 7050 to the beginning
of a curve in the South line of said Lot 1, said
curve being concave Northeasterly and having a radius
of 20.00 feet; thence Northwesterly along said curve,
a distance of 31.46 feet to the said East line of
Meridian Avenue; thence South along the Southerly
prolongation of said East line to the True Point of
Beginning.
And is also described in said Resolution No. 87-31.
SECTION 3. This Resolution shall reserve, and nothing
herein shall in any way affect or disturb each and every
existing easement for sanitary sewer and appurtenant facilities
belonging to the City of San Bernardino, and there is further
reserved for present and future use, for this City, an easement
reasonably necessary to 1 oca te sani tary sewer and appurtenant
facilities over, in, under or across the real property
described hereinbefore along with the right to use, install,
maintain, repair, replace or renew such facilities and an
easement for access to the City of San Bernardino Police and
Fire Departments for emergency access and those reserved by
Resolution of Intention No. 87-31.
SECTION 4. The City Clerk of the City of San Bernardino
shall cause a certified copy of this Resolution to be recorded
in the office of the County Recorder of the County of San
Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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2/24/87
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Bernardino at a
day of
vote, to-wit:
AYES:
Council Members
o
meeting thereof held on the
, 1987, by the following
NAYS:
ABSENT:
The foregoing resolution
day of
City Clerk
is hereby approved this
, 1987.
Mayor of the City of San Bernardino
Approved as to form:
Ci ty Attorney
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