Loading...
HomeMy WebLinkAbout17-Public Works CITY OF SAN BERNARDINO File No. 15.30-263 - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Protest Hearing and Resolution Ordering Vacation --- Portions of Olive Ave., Ohio Ave. and Pine Ave. Dept: Public Works /Engineering Date: June 28, 1988 'f11 Synopsis of Previous Council action: 12-21-87 Authorization to proceed was given. Finding of need for health and safety reasons was made, and Plan No. 7376 was approved. 04-18-88 Negative Declaration was adopted . 06-20-88 Resolution of Intention No.88-208, was adopted, which sets a public hearing date of 7-18-88 for the proposed vacation of portions of Olive Avenue, Ohio Avenue and Pine Avenue as per attached Plan No. 7376. 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 portions of Olive Avenue North of Ohio Avenue, Ohio Avenue between Olive Avenue and Pine Avenue, and Pine Avenue North of Belmont Avenue are no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Jim Robbins, Acting City Administrator Andy Green, Acting Director of Finance JameE Penmau. City A++nrnp,y ;/;' /' ,,' '/ / ~:f" ~;~~~",~d;:~ 6=, Signature Contact person: Les Fng;u;sy Phone: 5334 Supporting data attached: S+Aff Rppnrt, Rpsolution. Map Ward: 5 FUNDING REQUIREMENTS: Amount: Wag~s nn W 0 01266 Source: (Acct. No.) 001-000 41787 (Acct. DescriPtion) Vacation fi! in~ fees Finance: ~ :b.......--- Council Notes: 75-0262 Agenda Item No. IL CITY OF SAN BERttARDINO - REQUEST ""R COUNCIL ACTION STAFF REPORT The pr'oposal to vacate portions of Olive Avenue Nor"th of Ohio Avenue, Ohio Avenue between Olive Avenue and Pine Avenue, and Pine Avenue North of Belmont Avenue was initiated by the City on 10-30-87. This action was to bring the street widths of said street into conformance with the Verdemont area PLan, which calls for street widths of 60 feet. Authorization was given on 12-21-87, to proceed with the proposed vacation. A finding of need for health and safety reasons was made for the proposed vacation and Plan No. 7376 was approved. All interested City Departments and utility Companies were notified of the proposal with an opportunity to respond. On 04-18-88, a Negative Declaration was adopted for the proposed vacation. On 06-20-88, Resolution of Intention No. 88-208 was adopted, reserving easements for public utilities. That resolution sets a public hearing date of 07-18-88. On 06-29-88, the Resolution of Intention was published in a local newspaper, and Notices were posted in the area proposed for vacation on 06-28-88. There appears Avenue, Ohio Belmont Avenue vacation on the to be no further necessity for portions of Olive Avenue North of Avenue between Olive Avenue and Pine Avenue, and Pine Avenue North either for present or future street purposes. Staff recommends basis of the following Findings of Fact: Ohio of the 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) Verdemont Area Plan calls for street widths of 60 feet wide. . c) By virtue of the posting and publication of the proposal, neither this office nor the City Clerk's office has received any written protests against the vacation as of this date. 2. 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 Public utilities easement was requested and the same has been provided for in the Resolution of Intention and is set forth in the attached Resolution Ordering Vacation. 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. 6-28-88 75-0264 . TO Bf VACATE D ~ as '"" ~ ~ ~ \:) '... ..,11 , I rl I .", ~ .fLA.....' A.I.€ Jl4' "'\ /" CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIYISION REAL PROPERTY SECTION DIRE R OF PUBLIC W K IC Prep.red by' L. FOGASSY Sheet Checl<ed by: V..vbR'~B"" 1 of 2 DATE: 1/-3-87 AREA VACATED SHOWN THUS ~ STREET / ALLEY VACATION I PTII OF t)IIJf), OLlIIE ifill "PINE AVE".S. FILE NO.: 5. '3t)-263 PLAN NO.: 7"6 ~ - ~i',J~ I -oJ - 01.11/1' I , . ~ .. :'\, ~ '. 2 ~! ;; 'l!..- , . ::; 'r>.. A ~ · N ,..." .. I'.' ,y -.. .... 'JIt ~: J I l i.. ;, ARER TO BE VACATED 14' @ 1:-:1 ~ 11.' .-1 \~ "oJ '~/~ i')-'--~ I: '; ~ ... !I 'I I ~- N , .. .. : <i ~ I: .. ECTOR OF PUlL C WORKS JCITV ENGINEER Pr.par.d b!:ll L. FOGASSY Sh..t Ch.cl<.d b~ : v.. AI ltd ~au :z of 2 DATE: 1/-;3-87 AREA VACATED SHOWH THUS ~~ CITY OF SAN BERNARDINO PUBLIC HaRKS DEPARTMENT ENGINEERING DIVISION REAL PROPERTY SECTION STREET I ALLEY VACATION I />rN t!>F DHIlI" "1./1/6 1fN~ j)/N. AJ6~1I6& FILE NO.: /5.J,,-~.3 PLAN HO.I 7'1~ ~-u-"" 1 RESOLUTION NO. 2 A RESOLUTION OF THE 'CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF THE EAST SIDE OF OLIVE AVENUE NORTH OF OHIO AVENUE, THE NORTH 3 AND SOUTH SIDES OF OHIO AVENUE BETWEEN OLIVE AVENUE AND PINE AVENUE, AND THE WEST SIDE OF PINE AVENUE NORTH OF BELMONT AVENUE AND RESERVING AN EASEMENT 4 FOR PUBLIC 'UTILITIES THEREIN. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 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 portions of the East side of Olive Avenue, North of Ohio Avenue, the North and South side of Ohio Avenue, between Olive Avenue and Pine Avenue, and the West side of Pine Avenue, North of Belmont Avenue, more particularly described in City Resolution of Intention No. 88-208, 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. 17 vacate portions of the East side of Olive Avenue, North of Ohio Avenue, the 18 North and South side of Ohio Avenue, between Olive Avenue and Pine Avenue, 19 and the West side of Pine Avenue, North of Belmont Avenue, San Bernardino, 20 California, more particularly described as follows: 21 22 23 24 25 26 27 28 Those portions of Ohio Avenue, Pine Avenue and Olive Avenue, City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL ONE: The Southeasterly 2.00 feet of Olive Avenue AND the Northeasterly 14.00 feet of Ohio Avenue AND the Northwesterly 2.00 feet of Pine Avenue, as dedicated for street and highway purposes to said City as Document No. 723, recorded in Book 9368, page 1439, Official Records of said County. PARCEL TWO: That portion of said Ohio Avenue, lying Southwesterly of the following described line: 06-28-88 STREET VAC. ON: PORTIONS OF OLIVE AVENUE, 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 28 . 06-28-88 AVENUE AND PINE AVENUE. Commencing at the most westerly corner of Lot 7 at Tract No. 10458, as recorded in Book 154 of Maps, pages 8-10, Records of said County; thence Northeasterly, along the Northwesterly line of said Lot, a distance of 49.44 feet to the True Point of Beginning; thence Northeasterly, along the Northeasterly prolongation of said Northwesterly line, a distance of 19.03 feet; thence North 720 24' 58" East, a distance of 15.54 feet to a point on a line that is parallel with and 30.00 feet Southeasterly of the centerline of said Ohio Avenue; thence Southeasterly, along said parallel line, a distance of 189.00 feet; thence South 170 35' 06" East, a distance of 18.39 feet; thence Southwesterly, along the Northeasterly prolongation of the Southeasterly line of Lot 8 of said Tract No. 10458, a distance of 16.97 feet to said Southeasterly line of Lot 8 and the Point of Termination. PARCEL THREE: That portion of said Ohio Avenue, lying Southwesterly of the following described line: Commencing at the most Westerly corner of Lot 55 of said Tract No. 10458; thence Northeasterly along the Northwesterly line of said Lot, a distance of 51.14 feet, to the True Point of Beginning; thence Northeasterly along the Northeasterly prolongation of said Northwesterly line, a distance of 17.03 feet; thence North 720 24' 55" East, a distance of 18.37 feet to a point on a line that parallel with and 30.00 feet Southwesterly of the centerline of said Ohio Avenue; thence Southeasterly, along said parallel line, a distance of 736.66 feet; thence South 170 32' 23" East, a distance of 18.37 feet; thence Southwesterly, along the Northeasterly prolongation of the Southeasterly line of Lot 33 of Tract No. 10460, as per Map recorded in Book 197 of Maps, pages 1, 2 , Records of said County, a distance of 11.63 feet to said Southeasterly line of said Lot 33 and the Point of Termination. PARCEL FOUR: That portion of said Ohio Avenue Southwesterly of, AND that portion of Pine Avenue Northwesterly of the following described line: lying lying Commencing at the most Westerly corner of Lot 32 of said Tract No. 10460; thence Northeasterly along the Northwesterly line of said Lot, a distance of 53.11 feet, to the True Point of Beginning; thence Northeasterly along the Northeasterly prolongation of said Northwesterly line, a distance of 11.71 feet; thence North 720 28' 35" East, a distance of 18.39 feet to a point on a line that parallel with and 30.00 feet Southwesterly of the centerline of said Ohio Avenue; thence Southeasterly, along said parallel line, a 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STREET V ACA' ~: PORTIONS OF OLIVE AVENUE, OH~ \VENUE AND PINE AVENUE. 6 distance of 201.50 feet; thence South 170 30' 58" East, a distance of 18.37 feet to a point on a line that is parallel with and 30.00 feet Northwesterly of the centerline of said Pine Avenue; thence Southwesterly, along said parallel line, a distance of 1056.51 feet; thence South 720 30' 26" West, a distance of 18.38 feet; thence Northwesterly, along the Southwesterly prolongation of the Southwesterly line of Lot 16 of said Tract No. 10460, a distance of 11.62 feet to said Southwesterly line of said Lot 16 and the Point of Termination. PARCEL FIVE: That portion of Pine Avenue, Northwesterly of the following described line: lying Commencing at the most Northerly corner of Lot 36 of said Tract No. 10458; thence Southeasterly, along the Northeasterly line of said Lot, a distance of 49.84 feet to the True Point of Beginning; thence Southeasterly, along the Southeasterly prolongation of said Northeasterly line, a distance of 17.00 feet; thence South 170 29' 34" East, a distance of 18.38 feet to a point on a line that is parallel with and 30.00 feet Northwesterly of the centerline of said Pine Avenue; thence Southwesterly, along said parallel line, a distance of 183.95 feet; thence South 720 33' 09" West, a distance of 18.37 feet; thence Northwesterly, along the Southeasterly prolongation of the Southwesterly line of Lot 37 of said Tract No. 10458, a distance of 17.03 feet to said Southwesterly line of said Lot 37 and the Point of Termination And is also described in said Resolution of Intention No. 88-208. SECTION 3. This Resolution shall reserve, and nothing herein shall in any way affect or disturb any existing easements 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 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- 208. 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. 06-28-88 3 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STREET VACI IN: PORTIONS OF OLIVE AVENUE, 01 ] AVENUE AND PINE AVENUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Co\mcil of the City of San Bernardino at 5 6 7 8 AYES: NAYS: 9 ABSENT: a meeting thereof held on the day of , 19 , by the following vote, to-wit: Council Members City Clerk The foregoing resolution is hereby approved this __________ day of , 19 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: -C~ 06-28-88 4