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CIJV OF SAN BERNJtCDINO -
REQUEST F()q COUNCIL ACTION
.......Jf
=rom: ROGER G. HARDGRAVE. Director
)ept: Public Works/Engineering
)ate: November 28. 1994
Subject:
street Vacation and Public Hearing
10:00 a.m. and Resolution Ordering
Vacation: EastjWest alley lying
between Evans & Magnolia & between
"E" & "F", & South North/South leg
>ynopsis of Previous Council action:
08/15/94 ___ Authorization to proceed was given, and Plan No. 9167 was approved.
08/19/94
Notice of Exemption filed. and a finding of consistency with the
General Plan was made.
11/21/94
Resolution of Intention No. 94-354 was adopted. which sets a
public hearing date of 12/19/94 for the proposed vacation of the
East/West alley lying between Evans Street and Magnolia Avenue and
between "E" and "F", and the South leg of the North/South alley
lying closest to "E" Street. as per attached Plan No. 9167.
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D~C <9-- -j 1: 45
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 EastjWest alley lying between Evans Street and Magnolia
Avenue and between "E" and "F" Streets. and the Southern leg of the
North/South alley closest to "E" Street. are no longer necessary for street
purposes, be adopted.
cc: Shauna Clark, City Administrator
Barbara Pachon. Finance Director
James F. Penman. City Attorney
t12r .~
Signature
2. Adopt Resolution.
Contact person:
Supporting data attached: Staff Report, Resolution, Map
Anne DeBolt
Phone:
5328
Ward:
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FUNDING REOUIREMENTS:
Amount: $1,000.00
Source: (Acct. No.)
001-302-52020
(Acct. DescriPtion)
General Department Salaries -
.~ /
Financ%;z;T~~
Citv initiated
Council Notes:
75-0262
Agenda Item No.Lt,
CITY OF SAN BERN~DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
staff received a request from the Police Department to vacate these portions of
alleys because of extreme crime problems in the area, including a homicide victim in
a vacant home abutting the alley. The longest alley portion runs East/West between
"E" Street and "F" Street. The streets on the North and South sides are Evans Street
and Magnolia Avenue. Also included in the request is the South 1/2 of the North/South
section lying closest to "E" Street (please see attached drawing). There is a
North/South section at the West end of the alley which will be left open to allow
entrance to garages located in that area.
Authorization was given on 08/15/94 to proceed with the proposed vacation and Plan No.
9167 was approved.
utility companies and City departments were notified of the proposed vacation of the
alleys on 08/19/94, with replies due by 09/19/94. Requests were received for reserva-
tions of telephone, cable, and Edison easements for public utility purposes. These
easements are reserved in the attached Resolution Ordering Vacation.
On 08/19/94, a Notice of Exemption was filed with the County Board of Supervisors for
the proposed vacation and a finding of consistency with the General Plan was made.
On 11/21/94, Resolution of Intention No. 94-354 was adopted. That resolution sets a
public hearing date of 12/19/94. On 11/30/94 and 12/08/94, the Resolution of Intention
was published in The Sun, Notices were posted in the area proposed for vacation, and
all property owners adjacent to the areas proposed for vacation were notified of said
hearing.
As a result of our investigation, we find ther~ is no further necessity for either the
East/West portion of the alley or for the North/South section of the alley lying
between Evans Street and Magnolia Avenue and between "E" Street and "F" Street, either
for the present or future use by the public. Staff recommends the vacation on the
basis of the following Findings of Fact:
1. The above portions of the alley have been determined by the Department of Public
Works to be of no further necessity to the general public:
a) A Notice of Exemption was filed, and a finding of consistency with the General
Plan was made.
2. As this is a City initiated (Police Department) alley vacation, the normal $1000
vacation processing fee has been waived by the Mayor and Common Council.
3. All of the concerned City Departments and utility Companies were notified of the
proposal and all have had the opportunity to respond. Requests for the reserva-
tion of easements were received for Public Utilities. These easements are re-
served in the attached Resolution Ordering Vacation.
No special requirements have been placed upon the proponents relative to the
ings which would require an inspection of the area prior to the adoption
Resolution Ordering Vacation. Therefore, we have attached the Resolution
Vacation for your action.
proceed-
of the
Ordering
11/28/94
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5-0264
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CITY OF SAN BERNARDINO
fIU8I Ie Narm. ....MTMENT
.--.EIUNII DIYIalClN
".M. ~,,~ _.. y .._ . IaN
mE'{ VACKnrB: PCm'!rB OF FASr/WESr IiUEl
AND NJRnVSOOlH La; OF IiUEl LYm; BEl'WEEN
MAGNJLIA AND EVANS AND ~ "E" ::Ill<l:J:;J.
AND ''F' ::IJ.1<I:.o".J:
"'~""'1."'''''''''' ............ '-'J .............. ..u.,,;......
recorded mail to:
City Clerk, Cityf"'11
300 North "D" St~
San Bernardino, CA 92418
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RESOLlITION NO.
RESOLlITION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
EAST/liEST ALLEY LYING BETWEEN "E" STREET AND "F" STREET AND BETWEEN EVANS
STREET AND MAGNOLIA AVENUE, AND THE SOOTH 1/2 OF THE NORTH/SOOTH ALLEY LYING
CLOSEST TO "EN STREET, IN THE CITY OF SAN BERNARDINO, AND RESERVING
EASEMENTS FOR PUBLIC lITILlTY PURPOSES THEREIN.
BE IT RESOLVED BY THE KAYOR AND COHKON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Co..on Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of the East/West alley lying between "E" Street and "F" Street and
between Evans Street and Magnolia Avenue, and the South 1/2 of the
North/South alley lying closest to "E" Street, more particularly described
15 in City Resolution of Intention No. 94-354, hereby find from all of the
16 evidence submitted that such alleys proposed to be vacated by said Resolu-
17 tion are unnecessary for present or prospective street purposes.
18 SECTION 2. The Mayor and Co_on Council of said City do hereby
19 vacate that portion of the East/West alley lying between "E" Street and "F"
20 Street and between Evans street and Magnolia Avenue, and the South 1/2 of
21 the North/South leg of the alley lying closest to "E" street in San Bernar-
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/28/94
dino,
California, more particularly 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
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1/28/94
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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, more or less,
to the Point of Beginning.
And is also described in said Resolution of Intention No. 94-354.
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 easeaent 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
18 such aerial and underground electrical and television transmission
19 structures as the companies aay from time to time require, consisting of
20 poles, anchors, wires, cables, conduits, manholes, markers, and necessary
21 fixtures and appurtenances. Said easements inc 1 ude rights of ingress and
egress.
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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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and
Co~on Council of the City of San Bernardino at
a
meeting
thereof
held
on the
day
of
. 1994, by the following vote, to-wit:
COUNCIL MEI1BERS:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERIIELMAN
DEVLIN
POPE-LUDLAM
MILLER
RACHEL CLARK. City Clerk
The foregoing resolution is hereby approved this
day
. 1994.
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
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