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Home My WebLink About15-Public Works , File No. 15.30-275 - REQU~T FOR COUNCIL AC:",')ON CIT~OF SAN BERNARDI~ From: ROGER G. HARDGRAVE. DirectAlEC'D. - ADf.4HI. ~1H.ect: Dept: Public Works /Engineering /989 JlJN 28 PM 4: 08 Date: June 20. 1989 Street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation : a portion of that East/West alley. North of 11th Street. between Lugo Avenue and Sepulveda Avenue Synopsis of Previous Council action: 04/03/89 --- Authorization to proceed was given. and Plan No. 7751 was approved. 06/19/89 --- Negative Declaration was adopted and a Finding of consistency with the General Plan was made. 06/19/89 --- Resolution of Intention No. 89-192 was adopted. which sets a pUblic hearing date of 07/17/89 for the proposed vacation of a portion of that certain East/West alley. North of 11th Street. between Lugo Avenue and Sepulveda Avenue per attached Plan No. 7751. 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 East/Wests alley North of 11th Street. between Lugo and Sepulveda. is no longer necessary for street purposes. be adopted. 2. Adopt Resolution. cc: Andrew Green. Director of Finance Marshall Julian. City Administrator Jim Richardson. Deputy City Administrato James Penman. City Attorney Anne DeBolt Contact person: Phone: Supporting data attached: Staff Report. Resolution. Map Ward: FUNDING REQUIREMENTS: Amount: Wages on W. O. 1266 5328 2 Source: (Acct. No,) 001-302-53157 (Acct. Description) Vacation filing fee Finance:_~ jJ,..,... Council Notes: 06/20/89 75.0262 Agenda Item No, I.s- cl9i OF SAN BERNARDfio - REQliST FOR COUNCIL ~ION STAFF REPORT Staff received a request from several of the adjoining owners to vacate a portion of that certain East/West alley. North of 11th Street. between Lugo Avenue and Sepulveda Avenue. in an effort to protect their tenants from speeding cars. drug sales and other unauthorized/illegal use of the alley. Authorization was given on 04/03/89. to proceed with the proposed vacation and Plan No. 7751 was approved. Utility companies and City departments were notified of the proposed vacation on 04/05/89. with a reply due by 05/05/89. No negative comments were received. On 06/19/89. a Negative Declaration was adopted for the proposed vacation. and a finding of consistency with the General Plan was made. On 06/19/89. Resolution of Intention No. 89-192 was adopted. reserving easements for public utilities over the entire area of the vacation. That resolution sets a public hearing date of 07/17/89. On 06/28/89. 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. There appears to be no further necessity for a portion of that certain East/West alley. North of 11th Street. between Lugo Avenue and Sepulveda Avenue. 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) Negative Declaration was adopted. and a finding of consistency with the General Plan was made. b) Traffic flow does not warrant a street in this area. 2. Three of the adjoining property owners have requested the proceedings and the required $400.00 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. A reservation of an easement for Public Uti liti es has been reserved over the enti re 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. 06/20/89 - IltI 0.0' o o o " \t'j ~ SA SELING :5rIeEET 6d (,0' i ~ 3 JI- .5 " \lJ ~ ~ \lJ ~ =::t i b ~ ~ ~ BLk:. '> f. 7 0( i 0 .3 8 1(,5.B. ~ fjl ;:j If 'I -..! '~ NC1r TO'S!AU S to AREA OF Isz.' '). PRcPosS> ~ Y A t!Ptn oN 3 1/ s h 1 2- ~ ... '" ~ :111'H STI<. E fEr- CITY OF SAN BERNARDINO PUBLIC HaRKS DEPARTMENT ENGINEERING DIVISION REAL PMlPeRTY SECTION FILE NO.1 .~ STREET / ALLEY ~7ION I "~ON a:= EA3r, W65T" ~ N01U'H a- J..t.1H sn ) BIirZcJ&oY PLAN NO.1 775L S8'U4\11EZ)9Jf-UE;" UJ.f;,O AVE, . c. 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 06/20/89 - II o o o RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY. NORTH OF 11TH STREET. BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN. 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 a portion of that certain East/West allei North of 11th Street. between Lugo Avenue and Sepulveda Avenue. more particularly described in City Resolution of Intention No. 89-192. hereby find from all of the evidence submitted that such alley 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 East/West alley North of 11th Street. between Lugo Avenue and Sepulveda Avenue. San Bernardino. California. more particularly described as follows: That portion of that certain East/West alley located between Baseline Street and 11th Street. and between Lugo Avenue and Sepulveda Avenue. described as follows: Beginning at the Southwest corner of Lot 5 of Block "B" of Fairbanks' Addition. as per map recorded in' Book 4 of Maps. Page 17. in the offi ce of the County Recorder of San Bernardino County. State of California. said point also being in the East line of Lugo Avenue. 60.00 feet wide; thence East. along the South line of said Lot 5. a distance of 152 feet. more or less. to the Southeast corner of said Lot 5; thence South. along the Southerly prolongation of the East line of said Lot 5. a distance of 13 feet. more or less. to a point on the North line of Lot 3. Block C of said Fairbanks' Addition; thence West. along the North lines of Lots 3. 2 and 1 of said Block C. a di stance of 15~ feet. more or less. to the Northwest corner of said Lot 1; thence North along the Northerl y prolongation of the West line of said Lot 1. a distance of 13 feet. more or less. to the Point of Beginning. . -0' 96/20/89 - - STREET VACATION: PORTIoC:)F EAST/WEST AL<:). NORTH OF 11TH STREET o 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 And is also described in said Resolution of Intention No. 89-192. SECTION 3. This Resolution shall reserve. and nothing herein shall in any way affect or disturb any existing easements for public utility purposes bel ongi ng either to the Ci ty of San Berna rdi no or to any public utility. and there is hereby specffi ca lly reserved for the Southern California Edison an easement to construct. place. operate. inspect. maintain. repair. replace and remove such aerial and underground communication structures and electrical transmission structures as the company may from time to time require. consisting of poles. anchors. wires. cables. conduits. manholes. markers and necessary fixtures and appurtenances. including the right of ingress and egress thereto. 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. * * * * * * * * * * 2 '. c. 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 06/20/89 - dL - STREET VACATION: PORTIO~ EAST/WEST ALLc:l NORTH OF 11TH STREET o I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counci 1 of the Ci ty of San Bernardi no at a meeting thereof held on the . 19 . by the following vote. to-wit: day of 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 Ci ty Attorney BY:~) / ' 3