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Home My WebLink About29-Public Works lb. LL_ ~ u. X~~~ ~u. ~~.~u-~~~ CITY OF SAN BERORDINO - REQUEST O>R COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: street/Alley Vacation and Protest Hearing at 10:00 a.m. and Resolution Ordering Vacation: the North/South alley, East of Sierra Way, between 42nd Street and 44th Street Dept: Public Works/Engineering Date: October 14, 1991 Synopsis of Previous Council ection: OS/20/91 --- Authorization to proceed was given, and Plan No. 8469 was approved. 09/19/91 --- Notice of Exemption filed, and a finding of consistency with the General Plan was made. 09/12/91 -- Resolution of Intention No. 91-414 was adopted, which sets a public hearing date of 11/04/91 for the proposed vacation of that certain North/South alley, East of Sierra Way, between 4200 street and 44th Street, per attached Plan No. 8469. 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 North/South alley, East of Sierra Way, between 42nd Street and 44th Street, is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Shauna Clark, City Administrator Andrew Green, Director of Finance James PelDllUl, City Attornev Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Resolution, Kap Ward: 4 FUNDING REQUIREMENTS: Amount: Walles on W. O. 1266 Source: (Acct. No.) 001-302-53157 Finance: , Acct. Descri tion Street Vacation Council 'Notes: 75-0262 Agenda Item No ~q CITY OF SAN BERORDINO - REQUEST CPR COUNCIL ACTION STAFF REPORT staff received a request from Mr. Don Popovich, owner of Arrowhead Home, Inc., for the vacation of a portion of that certain North/South alley, East of Sierra Way, between 4200 Street and 44th Street, in an effort to protect their residents from motor traffic through the alley, cut down on illegal trash dumping, unauthorized persons loitering, etc. The property owners along the alley all realize the probleu and are willing to help solve them as long as the ingress and egress to their property is not affected. If the City vacates the entire alley it eliminates our liability and would allow each property owner to fence or not fence their property as they aay choose. Authorization was given on OS/20/91, to proceed with the proposed vacation and Plan No. 8469 was approved. utility companies and City departments were notified of the proposed vacation on 06/26/91, with a reply due by 07/26/91. The two negative co_ents received have been resolved. On 09/19/91, 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 aade. On 10/07/91, Resolution of Intention No. 91-414 was adopted, reserving easements for public utilities over the entire area of the vacation. That resolution sets a public hearing date of 11/04/91. On 10/16/91, 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 on 10/18/91. There appears to be no further necessity for that certain North/South alley, East of Sierra Way, between 4200 street and 44th Street, either for present or future street purposes. staff reco_ends the vacation on the basis of the following Findings of Fact: 1. The above alley has been deteI'llined by the Departaent 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. The required fee of $750.00 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 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. 10-14-91 75-0264 .^ 111/1// 111///'/// FILE NO.1 15.50-2 flLIIN NO.1 8 Sh..t 1. of 1 CITY OF SAN BERNARDINO PUlJUC NORKS DEPARTIENT ENGINEERING DIVISICIN REAL PROfIMu" IIE.~IICIN STREET I ALLEY VACATICIN . PeA-TIOI\! O~ HOle.nt/SOUTH 19LU tJE:'ndEZN ~N.J) S'77fUUEr jlfiA/D "1'1 TH sr~ EAGr ~ S/c~eq UJA 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 10114/Ql - o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH/SOUTH ALLEY, EAST OF SIERRA WAY. BETWEEN 42ND STREET AND 44TH STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASBI1ENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASBI1ENTS THEREIN. BE IT RESOLVED BY THE MAYOR AND COIlMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Hayor and Co.on Council of the City of San Bernardino. having heard the evidence offered in relation to the proposed vacation of that certain North/South alley, East of Sierra Way. between 42nd Street and 44th Street. .ore particularly described in City Resolution of Intention No. 91-414, hereby find froll all of the evidence subaitted that such alley proposed to be vacated by said Resolution is unnecessary for present or prospective street purposes. SECTION 2. The Hayor and Co.on Council of said City do hereby vacate that certain North/South alley, East of Sierra Way. between 42nd Street and 44th Street. San Bernardino. California. lIore particularly described as follows: That portion of the Northeast one-quarter (1/4) of the Southwest one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 15. Township 1 North. Range 4 West, San Bernardino Base and Heridian. if said section lines were extended across the Rancho lfuscupiabe, as per plat there- of recorded in Book 7 of Haps. Page 23. in the office of the County Recorder of said County. described as follows: Beginning at a point on the South line of 44th Street. as conveyed to the City of San Bernardino by deed recorded July 20. 1937. in Book 1217, Page 263, Official Records of said County. said point being a distance of 167.75 feet East of the West line of said Northeast one-quarter (1/4) of said Southwest one-quarter (1/4) of said South- east one-quarter (1/4) of Section 15; thence South and parallel with said West line, a distance of 610 feet. more or less, to a point on the North line of 42nd Street. as conveyed to the City of San Bernardino by deed recorded July 16. 1937, in Book 1221. Page 61. Official Records of said County; thence East along the Easterly prolongation of said North line of 42nd Street, a 1 . .. 10/14/91 ALLEY VACATION: NORTH/SOUTII ALLEY EAST OF SIERRA WAY, BETWEEN 42ND ST. o AND 44TH ST. 0 1 2 3 4 5 6 7 8 9 distance of 20 feet; thence North and parallel with said West line. a distance of 610 feet, more or less, to the South line of 44th Street, as conveyed to the City of San Bernardino by deed recorded June 18, 1979, in Book 9709, Page, 1729, Official Records of said County; thence West along the Westerly prolongation of said South line of 44th Street, a distance of 20 feet, to the Point of Beginning. And is also described in said Resolution of Intention No. 91--414. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for sanitary sewer and appurtenant facilities or any easement for public utility purposes belonging either to the City of 10 San Bernardino or to any public utility and there is hereby specifically 11 reserved for the City of San Bernardino, an easement reasonably necessary to 12 locate such sanitary sewer and appurtenant facilities over, under, in, or 13 across the real property hereinabove described and to use. maintain, 14 repair. replace, or renew such facilities. There are also specifically 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reserved for Pacific Bell Telephone, Chambers Cable of Southern California. and Southern California Edison, easements over the entire area vacated, to construct, place. operate, inspect, maintain. repair, replace or remove such aerial and underground telephone, telegraph, television, and c~ication structures and electrical transmission structures, respectively. as the companies may form to time require. consisting of poles. anchors. wires, cables. conduits, aanholes, markers and necessary fixtures or appurtenances. 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. I I I I I I 2 .. 1 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 10/14/91 ALLEY VACATION: NOR11I/SOUTH ALLEY EAST OF SIERRA WAY, BETWEEN 42ND STREET o AND 44111 STREET 0 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 1991, by the following vote, to-wit: COUNCIL HEIfBERS: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ HAUDSLEY KINOR POPE-LUDLAtI KILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1991. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JllIIes F. Penman, City Attorney ~t.u ~ ~ I "III + .. 44 TH---STREET ;, "III III 11\ 41.%!t , , \00' 41.'t.~ f-...~' ~ ~ v'~, #~~ ~.. ~. ,,-::- ~. . ,. c:,. ~ .. .. .. ~ :.t R.EQUEST ~O STAFF ~G ~or:y.: REC- gy ,.","'J ~,~ '\ \ ~'5 ~~ ~ ct a:: a:: bJ - VJ I A SCALE l ~';;t~ ,"=100' .L'E.' .1.2'5' '" III Eunf"~42 + ND---STREET I '" .. --, I I W',l~'""w//// FILE NO.1 ISo5D-223 'LAN NO.1 Sheet i. of 1 CITY OF SAN BERNARDINO PULIC HORKS DEPARTMENT ENCUNEERING DIVISION REM. PAQflERTY SllCTION STREET I ALLEY YACM'IDN I PO/l.TIDAI O~ NOlll.rHj,sour/f ~LU 1!kntJEEN ~N'J> S'nf!JUEr ANI> ~'1rH$r~-r; EAGr 01= SIIE.eM UlA .-tI::-~~ u;//,,/