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Home My WebLink About16-Public Works ~ J U 1- File No. 15.30-277 - REQUEOT FOR COUNCIL AC~:ON CIT1)OF SAN BERNARDIfO From: ROGER G. HARDGRAVE. Di~;"'ADMIH. OFF. Subject: Dept: Publ ic Works /EngineerfB "IfJN 28 f'1l 41 07 Date: June 20. 1989 Street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation: that certain Public Utility Easement. between Cluster and Mill and between Arrowhead and Pershing Avenues Synopsis of Previous Council action: 02/20/89 --- Authorization to proceed was given. and Plan No. 7703 was approved. 03/23/89 --- Negative Declaration was adopted and a Finding of consistency with the General Plan was made. 06/19/89 --- Resolution of Intention No. 89-189 was adopted. which sets a public hearing date of 07/17/89 for the proposed vacation of that certain Public Utility Easement between Cluster Avenue and Mill Street and between Arrowhead Avenue and Pershing Avenue, per attached Plan No. 7703. . 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 Public Utility Easement between Cluster Avenue and Mill Street. and between Arrowhead Avenue and Pershing Avenue. is no longer necessary for publiC utility purposes. be adopted. 2. Adopt Resolution. cc: Andrew Green. Director of Finance Marshall Julian. City Administrator Jim Richardson. Deputy City Administrat James Penman. City Attorney Anne DeBolt 5328 Contact person: Phone: Staff Report. Resolution. Map Supporting data attached: 1 Ward: , Wages on W.O. 1266 Amount: 001-302-53157 Source: (Acct, No.1 Vacation filing fee (Acct, DescriPtion) Finance: ~ X),.... FUNDING REQUIREMENTS: Council Notes: 06/20/89 75.0262 Agenda Item NO~ ~ - ~ .u.. - 'CI~ OF SAN BERNARDQO - REQaQT FOR COUNCIL ~ION STAFF REPORT Upon receiving a request from several of the adjoining property owners to vacate that ,certain Public Utility Easement between Mill Street and Cluster Avenue and between Arrowhead Avenue and Pershing Avenue. authorization to proceed was given on 02/20/89 and Plan No. 7703 was approved. The above described public utility easement is not in use as all utilities are located along either Arrowhead or Pershing Avenues. Uti li ty compani es and City departments 02/28/89. with a reply due by 03/24/89. any easements requested. On 03/23/89. the area of the proposed Public Utility Easement vacation was declared exempt from Environmental Review proceedings and compliance with the General Plan. were notified of the proposed vacation on No negative comments were received. nor were On 06/19/89. Resolution of Intention No. 89-189 was adopted. 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 property owners adjacent to the proposed vacation were notified of said hearing. There appears to be no further necessity for the Public Utility easement. either for present or prospective public utility 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) No utilities were ever located within said easement. All necessary utilities are located along Arrowhead Avenue and/or Pershing Avenue. 2. Several of the adjoi ni ng property owners have requested the proceedi ngs 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. No easements were reserved. 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 75-0264 Illlll '0' J JlII tAl I~...- ...db j . He. '1:.N1'O~~ LITTLE t=AR~ ~.B. 2.3/53 AItEA 1"D BEt YA(!A-rE III :3 ~ ~At.: :s.,... ~. :s: 3 i t $1/ a. n , ~.. If $1 I $0 ~ 9 , ~. , 111 .. 1/. Ie? 1/6 ,it " u.~ II! 13 'It, 14- ~ 15 U. 1..'1 1. N.1.. NO 6e~Ll= + MIU.S1MCr'+ ;( CITY OF SAN BERNARDINO PUa.1C HQRKS DEPARTMENT ENCI-.ERING DIYIBICN REM. P...oPERTY BECTICN DIR CTOR all PU LICv KS /CITV ENGINEER Prep.reel b!ll ~ Sheet Checlleel b!l I " ,',' '... j" of 1- DATE: i 30 gtf AREA VACATED SHOWN THUS STREET I ALL.EY vACM'ION I fu.euc. U'T'1LI'1Y EASEHE1Vr: ~ert...'!Oel ~L.US1'EJ2. ~V~, . HILL. ST~I!!Er "AID ~ ARADWHEAb IH/e "'lUll 4 vats I 1J;11/j/,I/IIIIj/111 FILE NO.1 J.5.30-:Z:17 PLAN NO.1 770 . 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 06/20/89 o o o RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT. BETWEEN MILL STREET AND CLUSTER AVENUE. AND BETWEEN ARROWHEAD AVENUE AND PERSHING AVENUE 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 certain Public Utility Easement between Mill Street and Cluster Avenue. and between Arrowhead Avenue and Pershing Avenue. more particularly described in City Resolution of Intention No. 89-189. hereby find from all of the evidence submitted that such Public Utility Easement proposed to be vacated by sa i d Reso 1 uti on is unnecessary for present or prospective pUblic utility purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that certain Public Utility Easement. between Mill Street and Cluster Avenue. and between Arrowhead Avenue and Pershing Avenue. San Bernardino. California. more particularly described as follows: That portion of Block A of McIntosh's Little Farms. Books 136. Page 20. Records of the County of San Bernardino. State of California. described as follows: A 10.00 foot strip of land. lying 5.00 feet East and 5.00 feet West of the following described line: Beginning at the Northeast corner of Lot 1 of said Block A of McIntosh's Little Farms; thence South along the East line of Lots 1 through 18 of said Block A. to the North line of Parcell. Parcel Map 8236. as per Map recorded in Book 88 of Parcel Maps. Page 76-77; thence continuing South alo,ng the prolongation of said East line. across Parcels 1. 2 & 3 of said Parcel Map. to the East line of Lots 26 and 27; thence continuing South, to the Southeast corner of Lot 27. and the Point of Termination. Excepting. therefrom. that portion lying within the North 7.50 feet of Lot 54 of said Block A of McIntosh's Little Farms. '-Q' 06/20/89 VACATION: PUBLIC UTILI~ EASEMENT. BE~N MILL STREET AND CLUSTER AVE<=) 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. 89-189. SECTION 3. 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 '-0' 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 06/20/89 28 - - ~ - VACATION: PUBLIC UTILI~ EASEMENT. BE~N MILL STREET AND CLUSTER AVE<=) 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 by the following vote. to-wit: day of . 19 . AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this .19 day of . W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: James F~ Penman City Attorney 3