The URL can be used to link to this page

Home My WebLink About28-Public Works T"I III ~~~~ l'~. ~~.~U-J~~ ~'TY: OF SAN BER~DINO - REQUEST .R COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Su~ect: street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation: portion of North/South alley West of "E" Street, between Magnolia Ave. and Evans Ave. Dept: Public Works/Engineering Date: February 10, 1992 Synopsis of Previous Council action: 11/04/91 Authorization to proceed was given, and Plan No. 8600 was approved. 01/13/92 Notice of Exemption filed with the County Board of Supervisors and determination of consistency with the General Plan was made. 02/03/92 Resolution of Intention No. 92-40 was adopted, which sets a public hearing date of 03/02/92 for the proposed vacation of a portion of that certain North/South alley, West of "E" Street, between Magnolia Avenue and Evans Avenue, per attached Plan No. 8600. 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 that certain North/South alley lying West of "E" Street, between Magnolia Avenue and Evans Avenue, is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. _02 ~~ Signature ---- cc: Shauna Clark, City Administrator Andrew Green, Director of Finance James F. Penm~n,.City Attorney Contact person: Annp n,:.'Rnl+ Phone: ~328 Supporting data attached: ~t..ff R..pnrt. R.."nll1tinn. "'lOp Ward: '2 FUNDING REQUIREMENTS: Amount: W"'g!l:loC nn W n 1 ?f"f.. Source: (Acct. No.1 001-302-~31 ~7 (Acct. Descriotion) Str....t Vacatio~ Finance: ~J j) Council Notes: 28 75-0262 Agenda Item No 11 111 ~ITY: OF SAN BER"DINO - REQUEST eR COUNCIL ACTION STAFF REPORT staff received a request from James Adams. owner of a small apartment building which he has completely refurbished. to vacate the Northerly portion of the North/South alley. His two neighbors. P. Aguilar to the North. and the American Red Cross. to the South. are both in favor of closing this portion of the alley. On 11/04/91 authorization was given to proceed with the proposed vacation and Plan No. 8600 was approved. utility companies and City departments were notified of the proposed vacation on 11/07/91. with a reply due by 12/09/91. No negative comments were received. On 01/13/92. a Notice of Exemption was filed with the County Board of Supervisors. and a finding of consistency with the General Plan was made. On 02/03/92. Resolution of Intention No. 92-40 was adopted. reserving easements for public utilities over the entire area of the vacation. That resolution sets a public hearing date of 03/02/92. On 02/12/92, 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 this portion alley. West of "E" Street. between Magnolia Avenue and present or future street purposes. Staff recommends the following Findings of Fact: of that certain Evans Avenue, vacation on the North/South either for basis of the 1. The above portion of the alley 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. All three of the adjoining property owners have requested the proceedings and the required 5750.00 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. Reservations of easements for Public Utilities have been reserved over the entire area of the proposed vacation. and the same have 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. 75-0264 02/10/92 2 I I III Prep.red b!ll Chec:ked b!l I DATE I AREA VACATED SHONN THUS ~ She.t ~Of~ CITY OF SAN BERNARDINO PUa.IC HORKS DEPARTMENT ENGINEERING DIVISION REM. PROPERTY SECTION FILE NO.1 PLAN NO.1 02/10/92 I I 1 !I Requested by and when recorded mail to: Citv Clerk. caHall . 300 North "D" eet San Bernardino. CA 92418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET, BETWEEN MAG- NOLIA AVENUE AND EVANS AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR PUBLIC UTILITY PURPOSES 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 the North/South alley lying West of "E" Street, between Magnolia Avenue and Evans Avenue, more particularly described in City Resolution of Intention No. 92-40, hereby find from all of the evidence submitted that such alley proposed to be vacated by said Resolution is un- necessary for present or prospective street purposes. SECTION :2. The Mayor and Common Council of said City do hereby vacate that portion of the North/South alley West of "E" Street, between Magnolia Avenue and Evans Avenue, San Bernardino, California, more particu- larly described as follows: That portion of Block C of Gatch's Subdivision, plat thereof, recorded in Book 3 of Maps, Records of the County of San Bernardino, California, described as follows: as Page State per 66, of Beginning at the Northeast corner of Lot 6 of said Block B; thence South along the East line of said Lot 6 to the Southeast corner of said Lot 6; thence East along the Easterly prolongation- of the South line of said Lot 6 to a point on the West line of Lot 3 of said Block C; thence North along said West lines of Lots 3, 2, and 1 to the Northwest corner of said Lot 1; thence West along the Westerly prolongation of the North line of said Lot 1 to the Point of Beginning. And is also described in said Resolution of Intention No. 92-40. 1 II III ALLEY VACATION: PORTION OF NORTH/SOUTH ALLEY, WEST OF "E" STREET. B":TWEEN 411r^GNOLIA AVENUE AND EVANS AVEN~ 1 2 3 4 5 6 7 8 9 10 11 12 SECTION 3. 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 reserved for future general public utility purposes and for this City an easement reasonably necessary to locate such public utility facilities over. in. under. or across the real property hereinabove described and to use. maintain. repair. replace. or renew such facilities. There are hereby specifically reserved for Southern California Edison and Comcast Cablevision. easements over the entire portion of the alley being vacated. to construct. place, operate. inspect. maintain, repair. replace and remove such aerial and underground electrical and television transmission structures as the companies may from time to time require. consisting of 13 poles. anchors. wires. cables. conduits. manholes. markers and necessary 14 fixtures and appurtenances. Said easements include rights of ingress and 15 egress. 16 The City Clerk of the City of San Bernardino shall SECTION 4. 17 cause a certified copy of this resolution to be recorded in the office of 18 the County Clerk of San Bernardino County. 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 // 26 / / 27 / / 28 / / 02/10/92 2 . 25 26 02/10/92 II III ALLEY VACATION: PORTION OF NORTH/SOUTH ALLEY, ,iEST OF "E" STREET, BETWEEN 411rAGNOLIA AVENue AND EVANS AVEN~ 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 4 5 meeting of thereof held on the day , 1992, by the following vote, to-wit: 6 COUNCIL MEMBERS: 7 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 The 19 of 20 21 22 23 24 Approved as to form and legal content: AYES NAYS ABSTAIN ABSENT --- Rachel Krasney, City Clerk foregoing resolution is hereby approved this day , 1992. W. R. Holcomb, Mayor City of San Bernardino James F. Penman, Ci ty Attorney r '" j./ jG7~ 3