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HomeMy WebLinkAbout10- Public Works F . .e No. 15.3 3: CITY OF SAN BERNARDINO � REQUEST FOR UNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Street Vacation •� Ptotest Hearing 10:00 am and M40tii�J'6n Ordering Dept: Public Works /Engineering Vacation for pt� .:of Ptey West of H St, South of E'6eranza St. Date: January 15, 1988 Synopsis of Previous Council action: 12/23/87 --- Your Honorable Body adopted Resolution of Intent ph �ko' .87,,440, which sets a public hearing date of Fe6rUa6 1, 11$8 for 't Fie proposed vacation of the Alley West of "H`° St., South of Esperanza St as per attached Plan No. 7253. Recommended motion: 1. That the hearing be closed and the Findings of Fact as set lfibrA_'in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why the Alley West of "H" Street, South of Esperanza Street is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. /im Penman cc: Raymond Schweitzer, City Administrator Signature Warren Knudsen, Director of Finance Contact person: Les Fogassy Phone: 5334 Supporting data attached: Staff Report, Resol uti on,Map Ward: 3 FUNDING REQUIREMENTS: Amount Wages on W.O. 01266 Source: (Acct. No.) 001-000-41787 (Acct. Description) Vacation filing fees Finance: Council Notes: 75-0262 Agenda Item No - RE UEP FOR COUNCIL ACT N CITY OF SAN BERNARDIO Q STAFF REPORT Upon receiving a request from 100% of the adjoining owners to vacate that certain East/West Alley West of "H" Street, South of Esperanza Street and after notification of all interested City Department Heads and Utility Companies, your Honorable Body approved the attached Plan No. 7253 and authorized this office to proceed on December 23, 1987. On the same date, the Resolution of Intention, which contains the reservation of an easement for sanitary sewer and appurtenant facilities, Public Utility easements , and an easement for access for the benefit of the State of California Department of Transportation, was approved. As required by law, the portion proposed for vacation was posted by this office on January 13, 1988 and the Resolution was published on the same date. In the opinion of this Division, there is no further necessity for that certain East/West alley West of "H" Street, South of Esperanza Street, for present or prospective street purposes. Therefore, we recommend the vacation on the basis of the following Findings of Fact: 1. The above portion of the street has been determined by the Planning Department and the Department of Public Works to be of no further necessity to the general public. a) Traffic flow does not warrant an alley in this area, since this alley is not a through alley. b) On October 5, 1987, the Negative Declaration issued by the Environmental Review Committee was approved, and a finding of consistency with the General Plan was made. 2. 100% of the adjoining property owners have requested the proceedings and the required $400.00 fee has been paid. a) By virtue of the posting and publication of the proposal, neither thisoffice nor the City Clerk's office has received any written protests against the vacation as of this date. 3. All of the interested City Department Heads and Utility Companies were notified of the proposal and all have given their respective consent. A reservation of an easement for sanitary sewer and appurtenant facilities, a Public Utilities easement, and easement for access for the benefit of the State of California Department of Transportation was requested, however, 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. 1-15-88 I I i I 1 I I `1 ESPERANZA STREET `—t I t11 I I t r� podlon OF I 3 2 1/3-087' I REA to bE VP ME D Q� L11 ° Por. Rancho sour, aermardif16- �.: J fi=t M.B. 712 60- ell CITY OF SAN BERNARDINO DACTOR OF PUII! OR CITY ENGINEER PUBLIC NORMS DEPARTMENT ENGIMERINO DIVISION Prepared byi Shoat REAL PROPERTY SECTION Chocked by i L o� L /� Of/ DATE : os-ol- / STREET / ALLEY VACATION : AREA VACATED SHOWN THUS Misr k4st or South aF Es�«an z�c Sty' FILE NO.: /,f.30-1..f3 1PLAM NQ.1 73 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT CERTAIN 3 EAST/WEST ALLEY WEST OF "H" STREET, SOUTH OF ESPERANZA STREET IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT 4 FACILITIES, A PUBLIC UTILITY EASEMENT AND AND EASEMENT FOR ACCESS TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION THEREIN. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO AS FOLLOWS: 7 SECTION 1: The Mayor and Common Council of the City of San 8 Bernardino, having heard the evidence offered in relation to the proposed 9 vacation of that certain East/West Alley West of "H" Street, South of 10 Esperanza Street, more particularly described in City Resolution of 11 Intention No. 87-440, hereby find from all of the evidence submitted that 1`l such street proposed to be vacated by said Resolution is unnecessary for 13 present or prospective street purposes. 14 SECTION 2. The Mayor and Common Council of said City do hereby 15 vacate that certain East/West Alley West of "H" Street, South of Esperanza 16 Street, San Bernardino, California, more particularly described as follows: Beginning at the Southeast corner of Lot 1, Block 3 of 17 Urbita Subdivision, as per map recorded in Book 3 of 18 Maps, page 54, records of the County Recorder of San Bernardino County, State of California; thence West, along the South lines of Lots 1, 2, and 3 of said Block, 19 a distance of 163.47 feet more or less, to the East line of interstate Highway 215; thence South, along said East 20 line, to a point on a line that is 16 feet South of and parallel with the South lines of said Lots 1,2, and 3; 21 thence East along said parallel line, to it's intersection with the Southerly prolongation of the East 22 line of said Lot 1 ; thence North, along said 23 prolongation, to the Point of Beginning. 24 And is also described in said Resolution No. 87-440. 25 SECTION 3. This Resolution shall reserve, and nothing herein 26 shall in any way affect or disturb each and every existing easement for 27 sanitary sewer and appurtenant facilities and for public utility purposes 28 belonging either to the City of San Bernardino or to any public utility and there is further reserved for present and future general public utility I 1 purposes and for this City an easement reasonably necessary to locate 2 sanitary sewer, public utility and appurtenant facilities over, in, under or 3 across the real property described hereinbefore along with the right to use, 4 install, maintain, repair, replace or renew such facilities and an easement 5 for access for the benefit of the State of California Department of 6 Transportation and those reserved by Resolution of Intention No. 87-440. 7 SECTION 4. The City Clerk of the City of San Bernardino shall 8 cause a certified copy of this resolution to be recorded in the office of 9 the County Recorder of the County of San Bernardino. 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 11 the Mayor and Common Council of the City of San Bernardino at a 12 meeting thereof held on the _M day of 13 , 1988, by the following vote, to-wit: 14 AYES: Council Members 15 16 NAYS: 17 ABSENT: 18 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of 22 1988. 23 24 Mayor of the City of San Bernardino 25 Approved as to form 26 and legal content: 27 n 28 ity Afforney