HomeMy WebLinkAbout18- Public Works CITY OF SAN BERNARDINO - REQUE�Si ''O4 686NCIL ACTION
From: ROGER G. HARDGRAVE, Director ,.,) D I Subject: Resolution of Intention: Vacation of
a portion of Belleview Street, West
Dept: Public Works /Engineering �.�L` U. of Mt. Vernon Avenue.
Date: January 12, 1988
Synopsis of Previous Council action:
09/08/87 --- Finding of need for Health and safety reasons was adopted and Plan No.
6512 was approved.
11/16/87 --- Negative Declaration was adopted and a finding of consistency with the
general plan was made.
Recommended motion:
Adopt Resolution
cc: Raymond Schweitzer, City Administrator S44Kre
Warren Knidsen, Director of Finance
Contact person: Les Fogassy Phone: 5334
Supporting data attached:_ Staff Report, Resolution,Map Ward:_ 3
FUNDING REQUIREMENTS: Amount: $200.00
Source: Acct. No.) 001-000-41787
Acct. Description) Vacation filinq fees
Finance: 44���
Council Notes:
n),
75-0262 Agenda Item No.
CITE'' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
A request was received to vacate a portion of Belleview Street, West of Mt.
Vernon Avenue, from an adjoining owner. This request represents 75% of those
owners who adjoin the street.
At your September 8, 1987 meeting, the Findings of need for health and
safety as to why a portion of Belleview Street, West of Mt. Vernon Avenue
should be vacated, was made.
All of the interested City Department Heads and Utility Companies were
notified of the proposal on August 8, 1987 with a reply due by September 11,
1987. The Utility companies have responded and a reservation for public
utility easements , and easement for sanitary sewer and appurtenant
facilities was requested. An easement for access to the lots North of and
South of the area proposed for vacation will also be reserved.
On November 16, 1987 , the Negative Declaration was adopted and a finding of
consitency with the general plan was made.
The proponents have been notified by letter on January 11, 1988 of the
requested reservation for easments and have responded with notification for
us to proceed. The remaining fee of $200.00 will be paid prior to the
adoption of the Resolution Ordering Vacation and it is therefore recommended
that favorable consideration be given to the requested vacation.
The Resolution of Intention, which sets a protest date of March 21,1988 has
been attached hereto for your action also.
1-12-88
75-0264
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1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
3 TO ORDER THE VACATION OF A PORTION OF BELLEVIEW STREET, WEST OF MT. VERNON
AVENUE AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES AND SANITARY SEWER AND
4 APPURTENANT FACILITIES; ALSO RESERVING AN EASEMENT FOR INGRESS AND EGRESS
FOR CERTAIN LOTS NORTH OF AND SOUTH OF THE AREA TO BE VACATED.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San
8 Bernardino hereby declares its intention to order the vacation of Belleview
9 Street, West of Mt. Vernon Avenue and reserving public utility easements
10 thereof , an easement for sewer and appurtenant facilities and an easement
11 for ingress and egress for lot 13 of Block "E" of Murray and Paynes's
12 Subdivision of the Metcalf Tract as per plat recorded in Book 4 of Maps,
13 page 27, records of the County Recorder of San Bernardino County, State of
14 California, and for that certain parcel of land as conveyed by deed recorded
15 June 12, 1981 as document number 81-129384, in the office of the County
16 Recorder of said County; said portion to be vacated described as follows:
17
18 That portion of Belleview Street, formerly Atlantic
Street, as delineated on the Map of Murray and Payne's
19 Subdivision of the Metcalf Tract as per plat recorded in
Book 4 of Maps, page 27, records of the County Recorder
20 of San Bernardino County, State of California, described
as follows:
21 Beginning at a point on the Southwest corner of Lot 13 of
22 Block "E" of said Murray and Payne's Subdivision, said
point also being the North line of Belleview Street,
23 82.50 feet wide; thence South, along the Southerly
prolongation of the West line of said Lot 13, to the
24 South line of said Belleview Street, said line also being
the North line of Lot 1, Block "F" of said Subdivision;
25 thence East along said line and it' s Easterly
prolongation, to the East line of the C.S.R.R. right of
26 way, as delineated on map of said Subdivision; thence
Northeasterly, along said East line, to it's intersection
27 with the Easterly prolongation of the South line of said
Lot 13; thence West along said prolongation and South
28 line,to the Point of Beginning.
1 SECTION 2. That the Mayor and Common Council of the City of San
2 Bernardino, in vacating the above described portion of said street ,elects
3 to proceed under and in accordance with the provisions of the "Public
4 Streets, Highways and Services Vacation Law", being Division 9, Part 3, of
5 the Streets and Highways Code of the State of California.
6 SECTION 3. That the hour of 10:00 A.M. on the 21st day of
7 March , 1988, in the Council Chamber of the City Hall, San Bernardino,
8 California, be, and the same hereby is fixed as the time and place when and
9 where all persons interested in or objecting to the proposed vacation may
10 appear before the said Mayor and Common Council and offer evidence in
11 relation thereto. For further particulars as to the proposed vacation of
12 the hereinbefore described portion of said street, reference is made to that
13 certain map marked "Plan No. 6512" approved September 8, 1987, on file in
14 the office of the City Clerk of said City.
15� SECTION 4. Nothing in this Resolution shall in any way affect or
16 disturb any existing easements for sanitary sewer and appurtenant facilities
17 and for public utility purposes belonging either to the City of San
18 Bernardino or to any public utility and there is hereby reserved for future
19 general public utility purposes and for this City an easement reasonably
20 necessary to locate such sanitary sewer and public utility facilities over,
21 in, under or across the real property hereinabove described and to use,
22 maintain, repair, replace or renew such facilities; and an easement for
23 ingress and egress for the benefit of Lot 13 of Block "E" of Murray and
24 Payne's Subdivision of the Metcalf Tract as per plat recorded in Book 4 of
25 Maps, page 27, records of the County Recorder of San Bernardino County,
26 State of California and for the benefit of that certain parcel of land
27 conveyed by deed recorded on June 12, 1981 as document number 81-129384,
28 records of said County.
01/12/88 2
i
I I SECTION 5. That the City Engineer of the City of San Bernardino
2 hereby is directed to cause Notices of Street Vacation to be posted as
3 required by the Public Streets, Highways and Services Vacation Law.
4 SECTION b. That the City Clerk shall certify to the adoption of
5 this Resolution of Intention and shall cause the same to be published once a
6 week for two successive weeks in The Sun, a newspaper published and
7 circulated in the City of San Bernardino, prior to the date of the above
8 public hearing.
9
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 N day of
13 1988 , by the following vote, to-wit:
14 AYES: Council Members
15
16 NAYS:
17 ABSENT:
18
19
Ci ty Clerk
20
21
22 The foregoing resolution is hereby approved this day of
23 1988.
24
25
26 Mayor of the City of San Bernardino
27 Approved as to form
and le 1 conW
28 �
01/12/88 3