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HomeMy WebLinkAbout26-Public Works ~ .L ~ ~ .' '-'. ~....".........., ........ '-' CITY OF SAN BERNCftDINO - REQUEST OR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Street Vacation and Protest Hearing 10:00 a.m., and Resolution Ordering Vacation: that portion of Pico Ave. lying between 5th St. and Spruce St. Dept: Public Works/Engineering Date: September 28, 1992 Synopsis of Previous Council action: 06/15/92 Authorization to proceed was given I and Plan No. 8733 was approved. 08/31/92 Notice of Exemption was filed and a finding of consistency with the General Plan was made. 09/21/92 Resolution of Intention No. 92-388 was adopted, which sets a public hearing date of 10/19/92 for the proposed vacation of that portion of Pi co Avenue lying between 5th Street and Spruce Street per attached Plan No. 8733. Recommended motion: 1. 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 certain portion of Pi co Avenue lying between 5th Street and Spruce Street, is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Shauna Clark, City Administrator Fred Wilson, Acting Finance Director James Penman, City Attorney Esther Estrada, 1st Ward Councilwoman Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Reso I uti on , Map Ward: 1 FUNDING REQUIREMENTS: Amount: Wages on 11'. O. 1266 Source: (Acct, No,) 001-302-53157 Acct, Descri tion Council Notes: 75-0262 Agenda Item No 026 CITY OF SAN BERN()IDINO - REQUEST QR COUNCIL ACTION STAFF REPORT Staff received a request from the Catholic Diocese of San Bernardino to vacate that portion of Pico Avenue lying between 5th street and Spruce Street, and East of Our Lady of Guadalupe Church. Authorization was given on 06/15/92, to proceed with the proposed vacation and Plan No. 8733 was approved. Utility companies and City departments were notified of the proposed vacation on 06/18/92, with a reply due by 07/20/92. No negative comments were received, but easements were requested for gas and sewer lines in the area proposed for vacation. On 08/31/92, a Notice of Exemption was filed with the County Board of Supervisors for the proposed vacation, and a finding of consistency with the General Plan was made. On 09/21/92, Resolution of Intention No. 92-388 was adopted, reserving easements for for both gas and sewer utilities over the entire area of the vacation. That resolution sets a public hearing date of 10/19/92. On 10/05/92, the Resolution of Intention was published in a local newspaper. On 09/30/92, Notices were posted 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 Pico Avenue lying between 5th Street and Spruce Street and East of Our Lady of Guadalupe Church, either for present or future street purposes. Staff recommends the vacation on the basis of the following Findings of Fact: 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: a) Notice of Exemption was filed, and a finding of consistency with the General Plan was made. 2. Our Lady of Guadalupe Church owns all the property on both sides of the area proposed for vacation and the required $1,000.00 fee has been paid. 3. All of the concerned City Departments and Utility Companies were notified of the proposal and all have had the opportunity to respond. Easements for gas and sewer uses were reserved over the entire area of the proposed vacation, and the same has been provided for in the Resolution of Intention. 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. 5-0264 09/28/92 2 l- 6th SrRcET _-1._ I t U!I~ TIlA26 .. 25 0 7/85 - '- - -" - - -- @ ~ ~ I i 8 24 27 ~ 4: I .---1---- 28 @ ~ @I @ 0 6 23 @ 22 29 @ I I fr: 6 4 ~ 21 ~-~~--~\ = ~- I @ 20 @ 19 7 8 @ IS ~ 3 (!)./.", @ 10 ~ .. @ S 17 34 "_.IT" .... @ ------ 16 35 . ---- - '---7---------- @15 36 ",' I- sr. \~"j ---- . , r 37 I ---- ,-a-SPRUCE .3 38 . . ~ ~. _.J: ' 12 """"..I~ " @> 10 ---~. CD @ 0 e 9 ~.... 8 -~y- 6 5 4 3 --- ~' ~ . 7 ~. 0'" ,6/5/41" 21, ~ 7 8 . ~ I I I I @ @ . 1 I I - ~ @) @ I I Ie I@ o ~-Sth. STREET DI P".p.".d b!ll CIl.ck.d b!l I 1/, N a.l trad DATE I Ifl>.Y 11, 199T AREA VACATED SHOWN THUS W,;;;''/#//#/I,I, FILE NO.1 15.30-316 PLAN NO.1 8733 o ~U!Ef1 OF PKoPOSEl> VACA71Ol/ CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION SIl..t REAL PROPERTV SECTION 10f 1 STREET I ALLEV VACATION I PORl'ION OF PIa> AVENUE LYm; BE'l\JEEN 5'l1i ~J.l<tJ::J. AND SPRUCE STREE:I' 16 17 18 19 20 21 22 23 24 25 26 27 28 09/28/92 Requested by and when recorded mail to: City Clerk, Ci)-\Hall O. 300 North "D" Veet San Bernardino, CA 92418 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. THAT THE GAS RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTION OF PICa AVENUE LYING BETWEEN 5T11 STREET AND SPRUCE STREET IN CITY OF SAN BERNARDINO AND RESERVING EASE~ffiNTS FOR SANITARY SEWER AND AND APPURTENANT FACILITIES THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1 : The ~ayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed 11 vacation of that portion of Pica Avenue between 5th Street and Spruce 12 Street, more particularly described in City Resolution of Intention No. 92- 13 388, hereby find from all of the evidence submitted that such street 14 proposed to be vacated by said Resolution is unnecessar~' for present or 15 prospective street purposes. SECTION 2. The ~ayor and Common Council of said City do hereby vacate that portion of Pica Avenue between 5th Street and Spruce Street, San Bernardino, California, more particularly described as follows: All that portion of pico Avenue (Stanford Avenue) lying within Block 2, as dedicated on the Map of Paddock Subdivision as per plat thereof recorded in Book 16 of Maps, Page 32, in the otfice of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Lot 7 of said Block 2; thence North along the West lines of said Lot 7 and Lot 6 of said Block 2, to the Northwest corner of said Lot 6; thence West along the prolongation of the North line of said Lot 6, a distance of 26.2 feet, to the West line of said Paddock Subdivision; thence South along said West line, a distance of 276.6 feet, more or less to the South line of said Paddock Subdivision and the North line of 5th Street, 82.5 feet wide as shown on said plat; thence East along the South line of said subdivision and said North line of 5th Street, a distance of 26.2 feet, and the Point of Beginning. 1 STREET VACATION: PORTION OF PICO AVENUE o BETWEEN 5TH ...., ."", STREET AND SPRUCE STREET 1 And is also described in said Resolution of Intention No. 92-388. 2 SECTION 3. Nothing in this Resolution shall in any way affect or 3 disturb any existing easements for public utility purposes belonging to 4 either the City of San Bernardino or to any puhlic utility, and there is 5 hereby specifically reserved to the City of San Bernardino, an easement in, 6 over, under, and across the entire area of the proposed vacation, and the 7 right at any time. or from time to time, to construct, maintain, operate, 8 replace and rene" one or more pipelines for sanitary sewer and appurtenant 9 facilities, including the rights of ingress and egress thereto, and there is 10 specifically reserved for SoCal Gas, an easement and right to construct, 11 maintain, operate, replace and renew one or more pipelines and appurtenances 12 thereto, for the transportation of natural gas and for incidental purposes, 13 including the rights of ingress and egress thereto. 14 SECTION 4. The City Clerk of the City of San Bernardino shall 15 cause a certifi.,d copy of this resolution to be recorded in the office of 16 the County Recorder of the County of San Bernardino. 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / )9/28/92 2 09/2l:l/92 STREET VACATION: PORTION OF PICO AVENUE o BETWEEN 5TH o STREET AND SPRUCE STREET 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City Bernardino at of San a __________meeting thereof held on the da~' of 4 1992, by the following vote, to-wit: 5 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ------ ESTRADA 8 REILLY 9 HERNANDEZ 10 11 MAUDSLEY MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 Rachel Clark, City Clerk foregoing resolution is hereby approved this The day 19 of , 1992. 20 21 22 23 24 25 26 27 28 W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney 3