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4.
File No. 15.30-297
CITY OF SAN BEROlRDINO - REQUESTOOR COUNCIL ACTION
Date: October 15, 1990
Subj~: street Vacation Protest Hearing:
10:00 a.m. and Resolution Ordering
Vacation for that East/West alley
lying between Guthrie Street and
McKinley Street, North of Roca Street
From: ROGER G . HARDGRAVE,. Director
Oept: Public Works/Engineering
Synopsis of Previous Council ~ion:
OS/21/90
06/27/90
Authorization to proceed was given, and Plan No. 8129 was approved.
Notice of Exemption was filed with the Clerk of the County Board of
Supervisors and a finding of consistency with the General Plan was
made.
10/01/90
Resolution of Intention No. 90-403 was adopted, which sets a
public hearing date of 11/05/90 for the proposed vacation of
of that certain East/West alley, between Guthrie Street and
McKinley Street, North of Roca Street per attached Plan No. 8129.
Recommended motion:
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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 East/West alley between Guthrie Street and McKinley Street
and North of Roca Street, is no longer necessary for street purposes, be
adopted.
2. Adopt Resolution.
cc:
Shauna Edwins, City Administrator
Andrew Green, Director of Finance
James Penman, City Attorney
t41r~~
Anne DeBolt
5328
Contact person:
Phone:
Staff Report, Resolution, Map
Supporting data attached: Ward:
Wages on W. O. 1266
FUNDING REQUIREMENTS: Amount:
7
Source: (Acct. No.!
001-302-53157
(Acct. Description)
Street Vacation
,
Finance: 17 14/,,/
Council Notes:
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10/15/90
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Aaenda Item No.
52-
.
. CITY OF SAN BERItORDINO - REQUEST CJ>>R COUNCIL ACTION
STAFF REPORT
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staff received a request from Frank Schnetz, a local real estate broker and developer,
representing a group of property owners who own the land adjoining the alley proposed
for vacation. The alley in question, running East and West between Guthrie street and
McKinley street, North of Roca is a paper alley for most of its length. It is paved
for a short distance at the West end, but just fades off into nothing as it runs East.
Three four-plexes were built a couple of years ago - all that remains is their shells.
Vandals have literally stripped the units.
staff received authorization on OS/21/90, to proceed with the proposed vacation and
Plan No. 6129 was approved.
Utility companies and City departments were notified of the proposed vacation on
07/02/90, with a reply due by 06/02/90. Request for access was received from the
Refuse Department, and Building and Safety was concerned about ingress and egress for
the three four-plexes. Mr. Schnetz met with staff and agreed to any conditions
necessary to safeguard access and refuse truck entry.
On 06/27/90, a Notice of Exemption was filed with the Clerk of the County Board of
Supervisors for the proposed vacation, and a finding of consistency with the General
Plan was made.
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On 10/01/90, Resolution of Intention No. 90-403 was adopted. That resolution sets a
public hearing date of 11/05/90. On 10/10/90, 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 appears to be no further necessity for that certain EastjWest alley, between
Guthrie Street and McKinley Street and North of Roca Street, either for present or
future street purposes. Staff recommends the vacation on the basis of 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) Notice of Exemption was filed, and a finding of consistency with the General
Plan was made.
2. Most of the adjoining property owners have requested the proceedings and the
required $750.00 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.
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.
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As the Protest Hearing is set for November 5, 1990, it is imperative that this be
placed on the agenda for that date.
75-0264 10/15/90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION OF
INTENTION 90-403 ENTITLED IN PART "RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN EAST/WEST
ALLEY BETWEEN GUTHRIE STREET AND McKINLEY STREET, NORTH OF ROCA STREET IN
THE CITY OF SAN BERNARDINO", AND ORDERING THE VACATION OF A PORTION OF THAT
CERTAIN EAST/WEST ALLEY BETWEEN GUTHRIE STREET AND McKINLEY STREET, NORTH OF
ROCA STREET IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1:
Resolution No. 90-403, Section 1, is hereby amended
to read as follows: "That the Mayor and Common Council of the City of San
Bernardino hereby declares its intention to order the vacation of a portion
11 of that certain East/West Alley lying between Guthrie Street and McKinley
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Street, North of Roca Street, described as follows:
A portion of that certain East/West alley as delineated
on the map of Tract No. 13233, as per plat recorded in
Book 191 of Maps, Pages 85 and 86, in the office of the
County Recorder of the County of San Bernardino, State of
California, described as follows:
Beginning at the Northeast corner of Lot 9 of said Tract
No. 13233; thence West along the North line of said Lot 9
and the North lines of Lots 8, 7, 6, 5, and 4 of said
Tract No. 13233, a distance of 369.72 feet, more or less,
to the Northwest corner of said Lot 4; thence North at
right angles, a distance of 20 feet, more or less, to the
North line of said Tract No. 13233; thence East along
said North line of said Tract No. 13233, a distance of
369.72 feet, more or less, to its intersection with the
Northerly prolongation of the East line of said Lot 9 of
said Tract No. 13233; thence South along said Northerly
prolongation, a distance of 20 feet, more or less, to the
Point of Beginning.
SECTION 2:
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 East/West alley between Guthrie Street
and McKinley Street, North of Roca Street more particularly described in
City Resolution of Intention No. 90-403, as amended herein, hereby find
from all of the evidence submitted that such street proposed to be vacated
.5- d-
STREET VACATION: EASTfWEST ALLEY BETWEEN
McKINLEY STREET<:)pRTH OF ROCA STREET
GUTHRIE
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AND
STREET
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by said Resolution is unnecessary for present or prospective street
purposes.
SECTION 3.
The Mayor and Common Council of said City do hereby
vacate a portion of that certain EastfWest alley between Guthrie Street and
McKinley Street, North of Roca Street, in San Bernardino, California, more
particularly described as follows:
A portion of that certain East/West alley as delineated
on the map of Tract No. 13233, as per plat recorded in
Book 191 of Maps, Pages 85 and 86, in the office of the
County Recorder of the County of San Bernardino, State of
California, described as follows:
Beginning at the Northeast corner of Lot 9 of said Tract
No. 13233; thence West along the North line of said Lot 9
and the North lines of Lots 8, 7, 6, 5, and 4 of said
Tract No. 13233, a distance of 369.72 feet, more or less,
to the Northwest corner of said Lot 4; thence North at
right angles, a distance of 20 feet, more or less, to the
North line of said Tract No. 13233; thence East along
said North line of said Tract No. 13233, a distance of
369.72 feet, more or less, to its intersection with the
Northerly prolongation of the East line of said Lot 9 of
said Tract No. 13233; thence South along said Northerly
prolongation, a distance of 20 feet, more or less, to the
Point of Beginning.
And is also described in said Resolution of Intention No. 90-403,
as amended herein.
SECTION 4.
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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11/02/90
STREET VACATION:
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EASTjWEST ALLEY BETWEEN GUTHRIE STREET AND McKINLEY STREET
NORTH OF ROCA STREET '"""
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
COUNCIL MEMBERS
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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