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File No. 15.30-271 ~
CI1'~ SAN BERNARDI~ - REQUEs:r FOR COUNCIL II:; .")*
Dept:
Public Works/Engineering
\S...ll,9 JUN 28 f!4 It: 07
street Vacation --- Protest Hee,ring
10:00 a.m. and Resolution Ordering
Vacation :Portion of that certain un-
named street South of Highland Ave,
East of Elmwood Rd.
From: ROGER G. HARDGRAVE, Directo'nEC'O._AOMI};!)IfJ:II'4C.t:
Date:
June 26, 1989
Synopsis of Previous Council action:
12-24-88 ___ Authorization to proceed was given, and Plan No. 7604 was approved.
04-03-89 --- Negative Declaration was adopted and a Finding of consistency
with the general pIan was made.
06-19-89 --- Resolution of Intention No.89-218 was adopted, which sets a
public hearing date of July 17, 1989 for the proposed vacation
as per attached Plan No. 7604.
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 a portion of that certain unnamed EastfWest Street South of Highland
Avenue, East of Elmwood Road, is no longer necessary for street purposes, be
adopted.
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administra
James Penman, City Attorney
Andy Green, Director of Finance
2. Adopt Resolution.
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached: Staff Report, Resolution, Map
Ward:
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FUNDING REQUIREMENTS:
Amount:
Wages on W.O. 01266
Source: (Acct, No,)
001-302-53157
(Acct, DescriPtion)
street Vacation
Finance: ~ D~
Council Notes:
75-0262
Agenda Item No
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C:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Upon rece1v1ng a request from 86~ of the adjoining owners to vacate a portion of
that certain unnamed East/West Street, South of Highland Avenue, East of Elmwood Road.
On October 24, 1988, authorization to proceed was given and Plan No. 7604 was
approved,.
Utility companies and City department were notified of the proposed vacation No
objections to the proposed vacation were received.
On April 3, 1989, a Negative Declaration was adopted for the proposed vacation, and
a finding of consistency with the general plan was made.
On June 19, 1989, Resolution of Intention No. 89-218 was adopted, reserving easements
for water lines and for public utilities . That resolution sets a public hearing date
of July 17, 1989. On June 28, 1989, 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 that certain unnamed
East/West Street, South of Highland Avenue, East of Elmwood Road, 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 genera 1 public:
a) Negative Declaration was adopted and a finding of consistency with the general
plan was made.
2) Traffic flow does not warrant a street in this area. This street is a service
street adjacent to Highland Avenue, and it's primary use is for the adjacent
property owners, who are requesting the vacation.
2. 86~ of the adjoining property owners have requested the proceedings and the
required $400.00 fee has been paid.
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 water lines and for public utilities 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.
6-26-89
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DIR TOR OF PUBLIC WORtCS JCI"'" ENGINEER
Pr.p.nd tlll' L. FDGABSY ,"t.- Sh..t
Ch.cll.d tlll I V.NAPIiAU 1 of 1
DATE I 10-03-88
AREA VACATED SHOWN THUS IIIIIIIII
CITY OF ,SAN BERNARDINO
PULIC WORKS DEPARTMENT
ENClVEERING DIVISION
REM. P"OfIER I V SECTION
STM&T I ALLEV VACRION .
FRONTAGE ROAD SOUTH OF HIGHLAND AVE~UE.
EAST OF EUl'II00D ROAD.
FILE NO.1 :3.3G-271
PLAN NO.1 7604
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RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION OF THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED SOUTH OF
3 HIGID..AND AVENUE AND EAST OF ELMWOOD ROAD AND RESERVING EASEMENTS THEREIN.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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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 a portion of that certain unnamed East/West Street, South of
Highland Avenue, East of Elmwood Road, more particularly described in City
Resolution of Intention No. 89-218, 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.
The Mayor and Common Council of said City do hereby
vacate a portion of that certain unnamed East/West Street,
South of
Highland Avenue, East of Elmwood Road, San Bernardino, California, more
particularly described as follows:
That portion of that certain unnamed East/West Street
shown on the map of Tract No. 3879, Highland Park, as per
map recorded in Book 50 of Maps, page 50, in the office
of the County Recorder of the County of San Bernardino,
State of California, described as follows:
Beginning at the Northwest corner of Lot 2 of said tract;
thence East, along the North lines of Lots 2, 3, 4, 5, 6
and 7 of said tract, to the Northeast corner of said Lot
7; thence North, along the Northerly prolongation of the
east line of said Lot 7, a distance of 40 feet more or
less, to the South line of Highland Avenue, as shown said
map; thence West, along said South line, to it's
intersection with the Northerly prolongation of the West
line of said Lot 2; thence South, along said
prolongation, a distance of 40 feet, more or less, to the
Point of beginning.
And is also described in said Resolution of Intention No. 89-218.
SECTION 3. Nothing in this Resolution shal1 in any way affect
or disturb any existing easements for public utility purposes belonging
06-26-89
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RESOLUTION ORDERING VACATION: PORTION OF THAT CERTAIN EA~_1 ~,h.", l:lt:L_ !
OF HIGHLAND AVENUE, EAST C ELMWOOD ROAD."
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1 either to the City of San Bernardino or to any public utility and there
2 is hereby reserved an easement for future utility purposes for this City and
3 for public utility purposes, more particularly an easement for water lines
4 and appurtenant facilities to East Valley Water District over the entire
5 portion of the real property hereinabove described, and for Southern
6 California Gas Company Company, an easement and right at any time. or from
7 time to time to construct, maintain. operate. replace and renew
appurtenances thereto for the transportation of natura 1 gas, in, over, under
and across the Southerly 20 feet of the real property hereinabove
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described.
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.
SECTION 4.
The City Clerk of the City of San Bernardino shall
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RESOLUTION ORDERING VACATION: PORTION OF THAT CERTAIN EASTfWEST STREET SOUTH
OF HIGHLAND AVENUE, EAST~ ELMWOOD ROAD. ....,
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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
day
of
, 19_____, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_____
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
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06-26-89
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