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CITY OF SAN BERtaRDINO
File No. 15.30-285
REQUEST FOR COUNCIL ACTION
~m:ROGER G. HARDGRAVE, Director
Dept: Pub I ic WorksjEngineering
Date: March 12, 1990
Su~ect: Street Vacation and Protest Hearing
10:00 a.m., and Resolution Ordering
Vacation: a portion of that EastfWest
alley between "G" and "U" streets and
between Spruce Street and 6th street.
Synopsis of Previous Council action:
09/06/89
12/18/89
Authorization to proceed was given, and Plan No. 7885 was approved.
Negative Declaration was adopted and a finding of consistency with
the General Plan was made.
03/05/90
Resolution of Intention No. 90-73 was adopted, which sets a
public hearing date of 04/02/90 for the proposed vacation of a
portion of that certain East/West alley between "G" and "H"
Streets, and between Spruce Street and 6th Street, per attached
Plan No. 7885.
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 that certain EastfWest alley between "G" and H" Streets, and between
Spruce Street and 6th Street, is no longer necessary for street purposes, be
adopted.
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Marshall Julian, City Administrator
Andrew Green, Director of Finance
Jim Richardson, Deputy City Administr
James Penman, City Attorney
2. Adopt Resolution.
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Contact person:
Supporting data attached: Staff Report, Resolution, Map
Anne DeBolt
Phone:
5328
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Ward:
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FUNDING REQUIREMENTS:
Amount: Wages on W. O. 1266
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Source: (Acct. No.)
001-302-53157
(Acct. Description)
Street vacati~\
Finance: ~W V--
uncil Notes:
03/12/90
Anpnrl" Itpm Nn cf/I.6
CITY OF SAN BERhRDINO - REQUEST FUR COUNCIL ACTIQN
STAFF REPORT
A request was received by this office to vacate a portion of the EastfWest alley
between "G" and "H" streets, and between Spruce Street and 6th Street, from Ed Linder,
one of the partners of Sunland Properties. This request represents most of those
owners who adjoin the area proposed for vacation, as they are all concerned with the
increase in vandalism and loitering in the area around the bus depot.
Authorization was given on 09/06/89, to proceed with the proposed vacation and Plan
No. 7885 was approved.
utility companies and City departments were notified of the proposed vacation on
10/03/89, with a reply due by 10/03/89. No negative comments were received.
On 12/18/89, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was made.
On 03/05/90, Resolution of Intention No. 90-73 was adopted, reserving an easement for
public utilities over the entire area of the vacation. That resolution sets a public
hearing date of 04/02/90. On 03/14/90, the Resolution of Intention was published in a
local newspaper, Notices were posted in the area proposed for vacation, and all
property owners adjacent to the proposed vacation were notified of said hearing.
There
alley
either
basis of
appears to be no further necessity for that portion of that certain EastfWest
located between "G" and "H" Streets and between Spruce Street and 6th Street,
for present or future street purposes. Staff recommends the vacation on the
the following Findings of Fact:
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) Negative Declaration was adopted, and a finding of consistency with the
General Plan was made.
2. Several of the adjoining property owners have requested the proceedings and the
required $400.00 fee has been paid.
3. All of the concerned 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 has been reserved over the area of the proposed
vacation, 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.
03/12/90
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED BETWEEN "G" AND "H"
STREETS, AND BETWEEN SPRUCE STREET AND 6TH STREET IN THE CITY OF SAN
BERNARDINO, AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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 a portion of that certain EastjWest alley between "G" and "H"
Streets and between Spruce Street and 6th Street, more particularly
described in City Resolution of Intention No. 90-73, 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
vacate a portion of that certain EastjWest alley located between "G" and "H"
Streets, and between Spruce Street and 6th Street, in San Bernardino,
California, more particularly described as follows:
That certain EastjWest alley, being a portion of the
Kingman and Hampson Subdivision, as per plat recorded in
Book 3 of Maps, Page 81, in the Office of the County
Recorder of San Bernardino County, State of California,
described as follows:
Beginning at the Southwest corner of Lot 12 of said
subdivision, said point also being the East line of "H"
Street, 82.50 feet wide; thence East along the South
lines of said Lot 12 and Lots 11, 10, 9, 8, 7 and 6 of
said subdivision, a distance of 351.40 feet, to the
Southeast corner of said Lot 6; thence South, along a
straight line, to the Northeast corner of Lot 19 of said
subdivision; thence West along the North lines of said
Lot 19, and Lots 18, 17, 16, 15, 14 and 13, a distance of
350.6 feet, to the intersection of the Northwest corner
of said Lot 13 and the East line of said "H" Street;
thence North along said East line, to the Southwest
corner of said Lot 12, and the Point of Beginning.
And is also described in said Resolution of Intention No. 90-73.
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03/12/90
STREET VACATION' A PORTION OF THAT CERTAIN EAST ~ST ALLEY BETWEEN "G" AND
"H" STREETS AND 6TH AND SPRUCE. :REETS
SECTION 4.
Nothing in this Resolution 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 specifically reserved for the Southern California Edison Company, an
easement to construct, place, operate, inspect, maintain, repair, replace
and remove such aerial and underground communication structures and electric
transmission structures as the company may from time to time require,
consisting of poles, anchors, wires, cables, conduits, manholes, markers,
and necessary fixtures and appurtenances, including the right of ingress and
egress thereto, over the North ten feet (10') of said alley.
SECTION 5.
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.
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03/12/90
STREET VACATIO'
A PORTION OF THAT CERTAIN EAST ~ST ALLEY BETWEEN "G" AND
"H" STREETS AND 6TH AND SPRUCE o.>TREETS
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
, 19_____
w. R. Holcomb, Mayor
City of San Bernardino
James F. Penman,
City Attorney
BY:~ il--..
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