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~ITV"OF SAN BERNAC,OINO-
REQUEST F~ COUNCIL ACTION
....,i
=rom:
ROGER G. HARDGRAVE, Director
Subject:
Resolution of Intention: Vacation of
East/West alley lying hetween Evans
and Magnolia and between "E" and "F"
)ept:
Public WorksfEngineering
late:
October 17, 1994
;ynopsis of Previous Council action:
08-15-94
Authorization to proceed was given, and Plan No. 9167 was ap-
proved.
08-19-94
Notice of Exemption filed with the County Board of Supervisors
and a finding of consistency with the General Plan was made.
lecommended motion:
% :0\ 70 1::1 02
Adopt Resolution
'3JT,~.K' . NH=ar
cc:
Shauna Clark, City Administrator
James F. Penman, City Attorney
Barbara Pachon, Finance Director
~~
:ontact person:
Anne DeBolt
Phone:
5328
;upporting data attached:
Staff Report, Resolution, Plan Ward:
2
:UNDING REQUIREMENTS:
Amount:
$1,000.00
Source: (Acct. No.)
001-302-52020
Acct. Oescri tion
City initiated
Finance:
;ouncil Notes:
5-0262
Agenda Item No
"
CITY: OF SAN BERNjQDINO - REQUEST FOt COUNCIL ACTION
STAFF REPORT
A request was received from the City of San Bernardino Police Department to
vacate the East/West alley lying between Evans Street and Magnolia Street and
between "E" Street and "F" Street, and the South leg of the North/South portion
of the alley lying along "E" Street.
On 08-19-94, authorization was given to proceed with the proposed vacation, and
Plan No. 9167 was approved.
All of the interested City Departments and utility Companies were notified
of the proposal on 08-19-94, with a reply due by 09-19-94. The responses are
attached for your information. Requests were received for reservations of tele-
phone, cable, and Edison easements for public utility purposes, which will have
to be reserved, as set forth in the attached Resolution of Intention.
On 08-19-94, a Notice of Exemption was filed with the County Board of Super-
visors, and a finding of consistency with the General Plan was made.
As this is a City initiated (Police Department) alley vacation the normal
$1,000.00 vacation processing fee has been waived by the Mayor and Council.
It is recommended that favorable consideration be given to the requested vaca-
tion. The Resolution of Intention, which sets a hearing date of 12-19-94 has
been attached for your action also.
Upon the approval of said Resolution, all adjacent property owners will be noti-
fied by mail of the hearing date.
.
5-0264
"
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v
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City Department and Utility Company responses relative to the proposed
vacation of the East/West alley lying between Evans Street and Magnolia Street
and "E" Street and "F" Street, and the South leg of the North/South portion of
the alley lying along "E" Street.
CITY DEPARTMENTS OBJECT DO NOT Ol!JECT COMMENTS
--
BUILDING & SAFETY NO RESPONSE
ECONOMIC DEVELOPMENT NO RESPONSE
ENGINEERING X
FACILITIES MNGMNT X
FIRE X
PARK & RECREATION X
PLANNING X
POLICE X
PUBLIC SRVS/REFUSE X
PUBLIC SRVS/STREETS NO RESPONSE
RISK MANAGEMENT X
TRAFFIC ENGINEERING X
UTILITY COMPANIES RESERVE EASEMENTS: COMMENTS
--
YES NO
AT & T X
CITY WATER DEPT X
COMCAST CABLE X
CONTINENTAL TELE. NO RESPONSE
EAST VALLEY WATER X
GENERAL TELEPHONE X
MARKS CABLEVISION X
METROPOLITAN WATER X
PACIFIC TELEPHONE X
SAN BNDO V ALLEY
MUNI WATER DIST NO RESPONSE
SAN GABRIEL VALLEY
MONI WATER DIST X
SOUTHERN CALIF EDISON X
SOUTHERN CALIF GAS NO RESPONSE
10-19-94
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CITY OF SAN BERNARDINO
~c NORKS DEPARTJlENT
S--EERINII DIVISION
REM. "R~ _.IV .S':;TlON
/"1/1 /////////1
PJJEf VACATION: PORI'ION OF EAST/WEST PJJEf
AND IDRTH/SOUlH LEG OF PJJEf LYIN:; BF:1WEEN
MAGNJLIA AND EVANS AND BF:1WEEN ''E" ::i1KtJ:;1
AND ''F'' :>11<1:;>"1
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0/17/94
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RESOLllI'ION NO.
RESOLllI'lON OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN EVANS
STREET AND MAGNOLIA STREET AND BETWEEN "E" STREET AND "F" STREET, AND THE
SOUTH LEG OF THE NORTH/SOUTH PORTION OF SAID ALLEY LYING WESTERLY OF "E"
STREET, AND RESERVING EASEMENTS FOR PUBLIC UTILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Co_on Counci I of the City of San
Bernardino hereby declare their intention to order the vacation of the East/
West alley lying between Evans Street and Magnolia Street and between "E"
Street and "F" Street, and the South leg of the North/South portion of said
alley lying Westerly of "E" Street, San Bernardino, California, described as
follows:
That portion of Block C of Gatch's Subdivision,
plat thereof recorded in Book 3 of Maps, Page 66,
office of the County Recorder of San Bernardino
State of California, described as follows:
as per
in the
County,
Beginning at the Southwest corner of Lot 11 of said Block
C; thence East along the South lines of said Lot II, and
Lots 10, 9, 8, 7, and 6 and continuing 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
South along the West line of said Lot 3, and Lots 4 and 5
to the Southwest corner of said Lot 5; thence West along
the Westerly prolongation of the South line of said Lot 5
to the Southeast corner of Lot 22 of said Block C; thence
North along the East line of said Lot 22 to the Northeast
corner of said Lot 22; thence West along the North line
of said Lot 22 and the North lines of Lots 21, 20, 19,
18, and 17, to the Northwest corner of said Lot 17;
thence North along the Northerly prolongation of the West
line of said Lot 17, a distance of 15 feet, .ore or less,
to the Point of Beginning.
SECTION 2. That the Mayor and Co..on Council of the City of San
Bernardino, in vacating the above described portion of said alley, elect to
proceed under and in accordance with the provisions of the "Public Streets,
Highways and Services Vacation Law", being Division 9, Part 3, of the
Streets and Highways Code of the State of California.
1
ALLLl Y~~AiiV~; LA~ilftL~i ALLLl DLJftLL~ n~u~UL1A A~U LYrl~~, A~U D~jftLL~ L
AND "F" STREETS, AND THE NORTH/SOlITH LEG WESTERLY OF "E"
c:
1 SECTION 3. That the hour of 10:00 A.H. on the 19th day of Decem-
2 ber, 1994, in the Council Chamber of the City Hall, San Bernardino, Califor-
3 nia, be, and the same hereby is fixed as the time and place when and where
4 all persons interested in or objecting to the proposed vacation may appear
5 before said
Hayor and Common Council and offer
evidence
in relation
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thereto.
of the
For further particulars as to the proposed vacation
hereinbefore described portions of said alley, reference is made to that map
marked "Plan No. 9167" approved August 19, 1994, on file in the office of
the City Clerk of said City.
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 are hereby
specifically reserved for Southern California Edison, General Telephone, and
Comcast Cablevision, over the entire portion of the proposed vacation, ease-
15 .ents to construct, place, operate, inspect, maintain, repair, replace and
16 re.ove such aerial and underground electrical, telephone, and television
17 transmission structures as the companies may from time to time require,
18 consisting of poles, anchors, wires, cables, conduits, manholes, markers,
19 and necessary fixtures and appurtenances. Said easements include rights of
20 ingress and egress.
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SECTION 5.
That the City Engineer of the City of San Bernardino
22 is hereby directed to cause Notices of Street Vacation to be posted as
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required by the Public Streets, Highways and Services Vacation Law.
SECTION 6.
That the City Clerk shall certify to the adoption of
this Resolution of Intention and shall cause the same to be published once a
week for two successive weeks in The Sun, a newspaper published and circu-
27 lated in the City of San Bernardino, prior to the date of the above public
28 hearing.
)/17/94
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AND "F" STREETS, AND THE NORTH/SOUTH LEG WESTERLY OF "E"
C"
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19 of
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Hayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day of
1994, by the following vote, to-wit:
AYES
COUNCIL KEKBERS:
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
HILLER
RACHEL CLARK, City Clerk
The foregoing resolution is hereby approved this
day
, 1994.
TOM HINOR, Hayor
Ci ty of San Bernardino
Approved as to form
and legal content:
JAKES F. PENMAN,
City Attorney
1/17/94 3