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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution of Intention - proposed vacation
of a portion of that certain east/west alley south of
Base Line Street, between Lugo A venue and
Sepulveda Avenue.
Dept: Development Services
Date: January 26, 2004
File No. 15.30-373
Synopsis of Previous Council Action: MCC Date: 02-17-04
12-15-03 - Authorization to proceed was given for the proposed vacation of a portion of that
certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue and
Plan No. 10894 was approved.
OR1G\NAL
Recommended Motion:
Adopt resolution.
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Contact person: EILEEN GOMEZ
Supporting data attached: StaffReport/Map/Reso
Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) 001-182-5011-0000
$1,000.00
(Acct. Description) Real Property / Salaries
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention - proposed vacation of a portion of that certain east/west alley south of
Base Line Street, between Lugo Avenue and Sepulveda Avenue,
BACKGROUND:
In October 2003, this office received a request for the vacation of a portion of the east/west alley
south of Base Line Street, between Lugo Avenue and Sepulveda Avenue. The request was
submitted through the Council offices by Eddie Galindo, the owner of Eddie's Radiator, Muffler
& Smog Shop, located at 195 E. Base Line Street in San Bernardino. Public dumping, blight,
public disturbances, and unlawful activities, have been constant problems in this area for many
years. The proposed vacation of this portion of the alley would assist in eliminating these
problems. The majority of the adjoining parcel owners have signed the petition in favor ofthe
vacation, as they have all been directly impacted by these public nuisances.
On December 15,2003, authorization was given to proceed with the proposed vacation of a
portion of that certain east/west alley south of Base Line Street, between Lugo A venue and
Sepulveda Avenue and Plan No. 10894 was approved. City Departments, utility companies, and
all adjacent or affected property owners were mailed notification of the proposal, and were given
the opportunity to submit comments on any conflicts or to reserve easements. All responses
received were favorable. Southern California Edison submitted a request to reserve an easement
for their existing facilities, which will be reserved in the Resolution of Intention and the
Resolution Ordering Vacation.
The attached Resolution of Intention sets a public hearing for March 15, 2004. Upon approval,
the Resolution will be published in The Sun newspaper, the street will be posted and adjacent
and affected property owners will be given notification of the public hearing. At the public
hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMP ACT:
Staff time to process vacation will be paid for from Real Property Salaries (Account No. 001-
182-5011-0000).
RECOMMENDATION:
Adopt resolution.
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Areas of vacation shown thus: ~
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DMSION
RE PROPERTY SECTION
pprove
PROPOSED V ACA TION OF A PORTION OF THAT
CERTAIN EAST/WEST ALLEY SOUTH OF BASE
LINE STREET, BETWEEN LUGO A VENUE AND
SEPUL VEDA AVENUE.
Acting City Engi er
Prepared by: ,~. Date: !0~~
Checked by: ~.s;;?# 0
PLAN NO. 10894
File No. 15.30-373
Date: /2;/ijq,:(
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REsc,Of1
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RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN
3 EAST/WEST ALLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO A VENUE
4 ND SEPULVEDA A VENUE AND RESERVING EASEMENTS FOR CERTAIN
PUBLIC UTILITIES THEREIN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council of the City of San Bernardino
lereby declares its intention to order the vacation of a portion of that certain east/west alley south
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10 of Base Line Street, between Lugo Avenue and Sepulveda Avenue, described as follows:
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All that portion of that certain 13' wide east/west alley lying south of and adjacent to
Lots 4 through 6 of Block A, and north of and adjacent to Lot 6 of Block B of
Fairbanks Addition, as per plat thereof recorded in Book 4 of Maps, page 17, records
of the County Recorder of San Bernardino County, State of California.
.sECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portion of said street, elects to proceed under and in accordance
'ith the provisions of the "Public Streets, Highways. and Service Easements Vacation Law",
eing Division 9. Part 3. of the Streets and Highways Code of the State of California.
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SECTION 3. That the hour of 4:00 p.m., on Monday. March 15.2004. in the Council
Chambers of City Hall. 300 North "D" Street, San Bernardino, California. is fixed as the time
nd place when and where all persons interested in or objecting to the proposed vacation may
ppear before the said Mayor and Common Council and offer evidence in relation thereto. For
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25 10894". approved on December 15,2003, a copy of which is on file in the office of the City
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further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
Clerk of said City.
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1114/04
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RESOLUTION OF INTENTION --- VACATION OF A PORTION OF THAT CERTAIN EAST/WEST
LLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE
Plan No. 10894)
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
asements for public utility purposes belonging either to the City of San Bernardino or to any
5 ublic utility and there is hereby specifically reserved for Southern California Edison. its
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9 tructure consisting of wires. cables. conduits. poles. pole anchors and guy wires. manhole
uccessors, heirs and assigns. an easement to construct, place, operate. inspect, maintain, repair,
eplace and remove any overhead or underground electrical transmission and/or distribution
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arkers and necessary fixtures and appurtenances. and said easement shall include the right of
. ngress and egress thereto.
SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
ause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
ervice Easements Vacation Law,"
SECTION 6. 111at the City Clerk shall certify to the adoption of this Resolution of
ntention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
et forth for the public hearing.
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01/26/04
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RESOLUTION OF INTENTION --- V ACA TION OF A PORTION OF THAT CERTAIN EASTIWEST
LLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO A VENUE AND SEPULVEDA A VENUE
1 Plan No. 10894)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a
meeting thereof
leld on the
day of
. 20_, by the following vote, to wit:
Council Members:
AYES
NAYES
ABSTAIN
ABSENT
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19 he foregoing resolution is hereby approved this
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
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JUDITH V ALLES, Mayor
City of San Bernardino
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pproved as to form
24 and legal content:
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JAMES F. PENMAN
City Attorney
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01/26/04
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