HomeMy WebLinkAbout18-Public Works
o 0
File No. 15.30-251
CITY OF SAN BERNARDINO - REQUIIST FOR COUNCIL ACTION
Date:
May 12, 1988
Subjact: street Vacation --- Protest Hearing
10:00 am and Resolution Ordering
,..... G;:;:.o Vacation :portion of "I" Street,
South of Highland Avenue.
,~. ,',.'
v ..;'4
ROGER G. HARDGRAVE, Director
From:
Dept:
Public Works {Engineering
..... I...
Synopsis of Previous Council action:
11-02-87 Authorization to proceed was given. Finding of need for health and
safety reasons was made, and Plan No. 7357 was approved.
12-23-87
Negative Declaration was adopted and a Finding of consistency with
the general plan was made.
05-02-88
Resolution of Intention No.88-135, was adopted, which
public hearing date of June 6, 1988 for the proposed
of a portion of "I" street, South of Highland Avenue
attached Plan No. 7357.
sets a
vacation
as per
Racommended motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Repor"t from Roger G. Hardgrave, Director of Public Works/City Engineer as to
why a portion of "I" Street, South of Highland Avenue is no longer necessary
for street purposes, be adopted.
2. Adopt Resolution.
cc: Jim Rob6ins, ActirgCity Adllinistrator
Andrew Green. Acting Director of Finance
James Penaan. City Attorney
Contact person:
Les Fogassy
Phone:
5334
Supporting dsta attached: Staff Report, Resolution, Map
Werd:
5
FUNDING REOUIREMENTS:
Amount: Wages on W.O. 01266
Source: (Acct. No,)
001-000-41787
(Acct. Descriotionl
Vacation filing fees
Finance: (~ J:l
-
Council Notes:
75.0262
Agenda Item No
IF
. .
CITY OF SAN BERNODINO - REQUEST FO' COUNCIL ACTION
STAFF REPORT
Upon receIvIng a request from 50 t of the adjoining owners to vacate a portion of
"I" street, South of Highland Avenue, authorization was given on 11-02-87, to proceed
with the proposed vacation. A finding of need for health and safety reasons was made
for the proposed vacation and Plan No. 7357 was approved.
Utility companies and City department were notified of the proposed vacation .
On 12-23-87, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the general plan was made.
On 05-02-88, Resolution of Intention No. 88-135 was adopted, reserving easements for
public utilities and for sanitary sewer. That resolution sets a public hearing date of
06-06-88. On 05-11-88, the Resolution of Intention was published in a local newspaper,
Notices were posted in the area proposed for vacation, and property owners adjacent to
the proposed vacation were notified of said hearing.
There appears to be no further necessity for a portion of "I" Street, South of
Highland Avenue either for present or future street purposes. Staff recommend 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) Findings of need for health and safety were made and a Negative Declaration
was adopted.
b) Traffic flow does not warrant a street in this area.
2. SOt of the adjoining property owners have requested the proceedings and the
required S400.00 fee has been paid.
a)
By virtue of the mailing, posting and publication of the
this office nor the City Clerk's office has received any
against the vacation as of this date.
proposal,
written
neither
protests
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. A reservation of an easement
for sanitary sewer and appurtenant facilities, a Public utilities easement,
and easement for egress and ingress for Lot 4 of Tract No. 12674 was requested 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.
5-12-88
75-0264
.
)
L-
~HlAND -AVe:-
,..,5 79" 3rS Olf' E
. , -
10' E>.~ r
,
I
I
2 I
3 1 ~ AREA TO BE
~ I
VACATED
())
1.0
(\J
~
~
l- I
30 31 w (9
w -
0:: I
l-
V> W
:: S
H
~
(/)
~EE~
..
DIRECTOR OF PUBLIC WORKS /CITV ENGINEER
Prep.red b!ll L. FOGASSV Sheet
Checlled b!l I 11' NHt:"u 1 of 1
DATE: 0- . 7
AREA VACATID SHONN THUS IIIIIIIII
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
REM. PROPERTV SECTION
PLA" "0.1 7.J57
STREET I ALLEV VACRION I
fLr. "',J" .$tr..t, .soui~
Or RIGHI.MlD ~"vtUE
OS./2.88
~,
.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
1
RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION "I" STREET, SOUTH OF HIGHLAND AVENUE IN THE CITY OF SAN
3 BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT
FACILITIES, AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN.
4
BE IT RESOLVED BY THE KAYOR AND COMMON COUNCIL OF THE CITY OF SA.!>;
5 BERNARDINO AS FOLLOWS:
SECTION 1: The Kayor and Common Council of the City
Bernardino, having heard the evidence offered in relation to the
of San
proposed
vacation of a portion of "I" Street, South of Highland Avenue, B10re
particularly described in City Resolution of Intention No. 88-135,
hereby
find from all of the evidence submitted that such street proposed to be
vacated by said Resolution is unnecessary for present or prospective street
purposes.
SECTION 2.
nle Kayor and COlDmon Council of said City do her'eby
'idcale a portion cof "I" Street, South of Highland Avenue, San Bernardino,
Califol'Jl'ia, more particular'ly described as follows:
That portion of "I" Street, South of Highland' Avenue,
descri bed as fol lows:
Commend ng at the Northeast corner of Lot 1 0 f Tract No,
2208, as per plat recorded in Book 31 of M~ps, page 86,
records of the County Recorder of the County of San
BernardIno, State of California, said point also being on
the South line of Highland Avenue, 82.50 feet wide;
thence East along said South line of Highland Avenue, a
distance of 10.00 feet to the True Point of Beginning;
thence South 79' 42' 28" East, a distance of 103.39 feet;
thence South 04' 36' 49" East, to the intersection of the
Easterly prolongation of the South line of said Lot 1;
thence West, along said prolongation, to a point that is
10.00 feet Easterly of the East line said Lot 1; thence
Northerly, along a line that is parallel with the East
line of said Lot 1, a distance of 146 feet to the Tru~
Point ot Beginning.
And is also described in said Resolution of Intention No. 88-135.
SECTION 3.
This Resolution shall reserve, and nothing herein
shall in any way affect or disturb any existing easements for sanitary
05/12/88
.
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
STREET VACATIOPORTION OF "I" STREET. SOUTII OIGHLAND AVENUE
1
sewer and appurtenant facilities and for public utility pur-poses
belonging either to the City of 8ftIl 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 sanitary
sewer' and public utility facilities over. in. under or across the real
property hereinabove described and to use. Maintain. repair. replace or
renew such facilities; and those reserved by Resolution of Intention No. 88-
135
2
SECTION 4. The City Clerk of the City of San Bernardino shalt
cause a certified copy of this resolution to be recorded in the office of
the County Recordet' of the County of San Bernardino.
:t * JI(. * *
iIW " It It. .
05/12/88
2
~
.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STREET VACATI<QPORTION OF "I" STREET. SOUTH OIGHLAND AVENUE
1
2
3
4
I HEREBY CERTIFY that the foregoing resolution was duly ,,,Jopled by
the Mayor and Common Council of the City of SliO Bernardino ~\t d
mep.ting thereof held on the day of
, 19 . by the following vote. to-wit:
AYES: Council Members
5
NAYS:
ABSENT:
--------. '.city-Clerk----.
The fcregoing re.solution is hereby i.\ppro\"ed this ___._._..~__,___._ ddy ut
. 19
Evly~ Wilcox. Mayor
City of San .Bernardino
Approved as to form
and/}egal conten,t:
r "/)
7' ,....... J J ~-">>-'"'-
om.._ ____~. .,~_____._.______.'__.n'._._...__,.___.___.~_
, 1 Y Attorney
,
/
"
0',/12/66
3
.
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
04/14/88
c
o
RESOLUTI ON NO.
88-135
A RESOLUTION OF THE CITY OF SAN BERNAR~INO DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PORTION OF "I" STREET, SOUTH OF HIGHLA,*D AVENUE
AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND
AN EASEMENT FOR PUBLIC UTILITIES THEREON.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San
Bernardino hereby declares its intention to order the vacation of a
portion of "I" Street, South of Highland Avenue, San Bernardino, described
as follows:
That portion of "I" Street, South of Highland Avenue,
described as follows:
Commencing at the Northeast corner of Lot 1 of Tract No.
2208, as per plat recorded in Book 31 of Maps, page 86,
records of the County Recorder of the County of San
Bernardino, State of California, said point also being on
the South line of Highland Avenue, 82.50 feet wide;
thence East along said South line of Highland Avenue, a
distance of 10.00 feet to the True Point of Beginning;
thence South 790 42' 2B" East, a distance of 103.39 feet;
thence South 040 36' 49" East, to the intersection of the
Easterly prolongation of the South line of said Lot 1;
thence Hest, along said prolongation, to a point that is
10.00 feet Easterly of the East line said Lot 1; thence
Northerly, along a line that is parallel with the East
li ne of sai d Lot I, a distance of 146 feet to the True
Point of Beginning.
SECTION 2. That the Mayor and Common Council of the City of San
Bernardino, in vacatin9 the above described portion of said street ,elects
to proceed under and in accordance wi th the provi si ons of the "Publi c
Streets, Highways and Services Vacation Law", being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 10:00 A.M. on the 6th day of
June, 1988, in the Council Chamber of the City Hall, San Bernardino,
California, be, and the same hereby is fixed as the time and place when and
where all persons interested in or objecting to the proposed vacation may
1
, .
1
2
3
4
;j
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
04/14/88 28
RESOLUTION OF ONTION VACATION OF A PORTIONO "I" STREET
appear before the said Mayor and Common Council and offer evidence in
relation thereto. For further particulars as to the proposed vacation of
the hereinbefore described portion of said street, reference is made to that
map marked "Plan No. 7357" approved November 2, 19B7, on file in the
office of the City Clerk of said City.
SECTION 4. Nothing in this Resolution shall in any way affect or
disturb any existing easements for sanitary sewer and appurtenant facilities
and for public utility purposes 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 sanitary sewer and public utility facilities over,
in, under or across the real property hereinabove described and to use,
maintain, repair, replace or renew such facilities.
SECTION 5. That the City Engineer of the City of San Bernardino
hereby is 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 above
public hearing.
* * * * *
*****
2
( .
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
04/14/88
RESOLUTION OF IONTION VACATION OF A PORTION 0"1" STREET
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
r'AOllloFlT
meeti ng
held
day
of
thereof
on the
2nd
Mav . 19 RR , by the followin9 vote, to-wit:
AYES: Council Members Estrada, Reilly, Flores, Maudslev.
Minor, Pope-Ludlam, Miller
NA YS : None
ABSENT: None
~.L.'~/~
~ C ty er
The foregoing resolution is hereby approved this ~L day of
May
, 19 88 .
/
i
/!
i
,.
(;~,/
Approved as to form and legal content:
IJtfj~)
Cai ttorney
3