HomeMy WebLinkAbout16- Public Works File No. 15.30-217
Ci flf OF SAN BERNARDA0 - REQUE4T FOR COUNCIL ACTON
From: ROGER G. HARDGRAVE, Director t ::C' .-.Iklbjdat:. . Protest hearing and Street Vacation---
Portion of Belleview Street, West of
Dept: Public Works /Engineering ;..: Mt. Vernon Avenue
Date: February 24, 1988
Synopsis of Previous Council action:
06/17/85 --- The City clerk and the Director of Public Works were authorized to
proceed with the vacation of a portion of Belleview Street, West of
Mt. Vernon Avenue.
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.
02/15/88 --- Resolution of Intention No. 88-45 was adopted, which sets a public
hearing date of March 21, 1988, for the proposed vacation of a portion
of Belleview Street, West of Mt. Vernon Avenue,as per attached
Plan No 6512
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
a portion of Belleview Street, West of Mt. Vernon Avenue is no longer
necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Raymond Schweitzer, City Administrator Si to
Warren Knudsen, Director of Finance
_--dame-, Penman_ City Attorney
Contact person: I es__Eogassy _ __.— Phone: 5334
Supporting data attached: Staff Report. Resnl uti on,Map Ward: 1
FUNDING REQUIREMENTS: Amount: Wages on W-0- 01266
Source: (Acct. No.) 001-000-41787
(Acct Description) Vacation fi l i,ng fees /
Finance:
Council Notes:
75-0262 Agenda Item No.—/& t
CIT t OF SAN BER
NARDI►_a - REQUE--,T FOR COUNCIL ACOON
STAFF REPORT
A request was received from 75% of the adjoining owners to vacate a portion of
Belleview Street, West of Mt. Vernon. On June 17, 1985, the City Clerk and the
Director of Public Works were auhtorized to proceed with the proposed vacation. All
department heads and utility companies were notified of the proposed vacation.
On February 15, 1988, Resolution of Intention No. 88-45 ,which contains the
reservation of an easement for sanitary sewer and appurtenant facilities, a public
utility easement and an easement for egress and ingress for certain lots north of and
south of the area proposed for vacation, was adopted. As required by law, the portion
proposed for vacation was posted by this office on February 24, 1988, and the
Resolution of Intention was published on the same date. That resolution also set a
public hearing date of March 21, 1988, for hearing protests relative to the proposed
vacation.
In the opinion of this Division, there is no further necessity for a portion of
Belleview Street, West of Mt. Vernon Avenue, either 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 a street in this area, since this portion of
Belleview Street is not a through street.
b) On November 16, 1987, the Negative Declaration issued by the Environmental
Review Committee was approved, and a finding of consistency with the General
Plan was made.
2. 75% 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 this office
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 egress and ingress for certain lots north of and
south of the area proposed for vacation were 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.
2-24-88
—R/ALTO -r — — — AVE +
1 ,
1 �
1 '
7 !, 6 4 3 2 1 14,j 9
I
__, E ----- D
I 42.5
1
Il 12 13 14 i 1 8 9 l0 11 >Z 13 10 11 12 13
i
I
I
+—dELCEV/Ew- --SfRE4T m --�
� I
� 1
141
F 19 1a 15
7 8 fll
—COAI§.e SS—- SrREET--�
9
10 4'
� 14
'W.
�F AREA TO BE
SGA�E 1=200`
cReelc VACATr o
MUCRAY Zah, APAYA/E 5
5U81O1'--./%Slt3t4
MB 4/27
clry of saN BseA1ARD1No
D/,e oR of PuBc. o�eKS/ /TYE�/C�/�t/EER PUBLIC WOQKS DEPARTM"7-
EA/*1"66RIAA� 01V/510Al
AREA VAGATED SNOW v -rt4U5 ?TIJ%7TTlTl REA L PRoPE P--r y S EG7IoA/
PREPA2E0 BY. M. G UR�2Y SIJEET/OF/ 57RCET VACANT/ON
CNECKEO BY, 4 P°ri/dp a� Be!leView .5�1rrst
DATE 5-9-8¢
Beast e{ p/cn Au�nc,�
F ILE NO. /5.30-2/7 P6A1,1NO. 6512
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF
BELLEVIEW STREET WEST OF MT. VERNON AVENUE IN THE CITY OF SAN BERNARDINO AND
3
RESERVING AN EASEMENT FOR PUBLIC UTILITIES AND SANITARY SEWER AND
APPURTENANT FACILITIES; ALSO RESERVING AN EASEMENT FOR EGRESS AND INGRESS
4 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
BERNARDINO AS FOLLOWS:
6
SECTION 1: The Mayor and Common Council of the City of San
7
8 Bernardino, having heard the evidence offered in relation to the proposed
9 vacation of a portion of Belleview Street, West of Mt. Vernon Avenue, more
10 particularly described in City Resolution of Intention No. 88-45, hereby
11 find from all of the evidence submitted that such street proposed to be
12 vacated by said Resolution is unnecessary for present or prospective street
13 Purposes.
SECTION 2. The Mayor and Common Council of said City do hereby
14
15 vacate a portion of Belleview Street, West of Mt. Vernon Avenue, in San
16 Bernardino, California, more particularly described as follows:
That portion of Belleview Street, formerly Atlantic
17 Street, as delineated on the map of Murray and Payne's
Subdivision of the Metcalf Tract as per plat recorded in
18 Book 4 of Maps, page 27, records of the County Recorder
of San Bernardino County, State of California, described
19 as follows:
20 Beginning at a point on the Southwest corner of Lot 13 of
Block "E" of said Murray and Payne's Subdivision, said
21 point also being the North line of said Belleview Street,
22 82.50 feet wide; thence South, along the Southerly
prolongation of the West line of said Lot 13, to the
South line of said Belleview Street, said line also being
23 the North line of Lot 1, Block "F" of said subdivision;
24 thence East along said line and it' s Easterly
prolongation, to the East line of the C.S.R.R. right of
way, as delineated on said map of said subdi vision;
25
thence Northeasterly, along said East line, to it's
intersection with the Easterly prolongation of the South
26 line of said Lot 13; thence West along said prolongation
27 and South line, to the Point of Beginning.
28 And is also described in said Resolution No. 88-45.
1 SECTION 3. This Resolution shall reserve, and nothing herein
2 shall in any way affect or disturb each and every existing easement for
3 sanitary sewer and appurtenant facilities and for public utility purposes
4 belonging either to the City of San Bernardino or to any public utility and
5 there is further reserved for present and future general public utility
6 purposes and for this City an easement reasonably necessary to locate
7 sanitary sewer, public utility and appurtenant facilities over, in, under or
8 across the real property described hereinbefore along with the right to use,
9 install, maintain, repair, replace or renew such facilities and an easement
10 for egress and ingress for the benefit of Lot 13 of Block "E" of Murray and
11 Payne°s Subdivision of the Metcalf Tract as per plat recorded in Book 4 of
12 Maps, page 27, records of the County Recorder of San Bernardino County,
13 State of California and for the benefit of that certain parcel of land
14 conveyed by deed recorded on June 12, 1981 as Document No. 81-129384,
15 records of said County, and those reserved by Resolution of Intention No.
16 88-45.
17 SECTION 4. The City Clerk of the City of San Bernardino shall
18 cause a certified copy of this resolution to be recorded in the office of
19 the County Recorder of the County of San Bernardino.
20
* * * * * * * * * *
21
22
23
24
25
26
27
28
A RE: VACATING A PO: ON OF BELLEVI� STREET. . . .RESERVING AN
EASEMENT FOR PUBLIC UTILITIES AND SANITARY SEWER AND
APPURTENANT FACILITES; ALSO RESERVING AN EASEMENT FOR EGRESS
AND INGRESS FOR CERTAIN LOTS NORTH OF AND SOUTH OF THE AREAS
TO BE VACATED
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof held on the day of
4 1988, by the following vote, to-wit:
5 AYES: Council Members
6
7 NAYS:
8 ABSENT:
9
10
11
City Clerk
12
13 The foregoing resolution is hereby approved this day of
14 1988.
15
16
Mayor of the City of San Bernardino
17
Approved as to form
18 and legal content:
19 .
20 ity Attorney
21
22
23
24
25
26
27
28
no/OA/00