The URL can be used to link to this page

Home My WebLink About19-Public Works ~ITtf' OF SAN BERNARDI~ - REQUe9t ~dR3i:6UNCIL ~N From: ROGER G. HARDGRAVE, Director Dept: Public Works /Engineering Subject: Protest Hearing 10:00 am and Resolution Ordering Vacation: Vacation :Alley between 16th St. and Evans St., West of Mt. Vernon Ave. Date: March 30, 1988 .J/~ Synopsis of Previous Council ection: 08/17/87 City Engineer and City Clerk proposed vacation. ~ were authorized to proceed with the 11/17 /87 Finding of need for health and safety reason was adopted and Plan No. 7335 was approved. Negative Declaration was adopted. 02/01/88 03/22/88 --- Resolution of Intention No. 88-92 was adopted. Recommanded 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 located between 16th St. and Evans St., West of Mt. Vernon Avenue be adopted. . 2. Adopt Resolution. cc: Raymond Schweitzer, City Administrator James Penman, City .Attorney Warren Khudsen, D,rector of Finance Contact person: Les Fogassy Phone: 5334 Supporting data Btt8Ched: Staff Report, Resolution.Map Ward: 6 FUNDING REQUIREMENTS: Amount;WaqeS on W.O. 01266 Source: (Acct, No.) 001-000-41787 (Acct, DescriPtion) Vacation filing fpp~ Finance: ~ 'c;lw ~ Council Notes: Agenda Item No /Cf CIt9' OF SAN BERNARDIQ) - REQUEOr FOR COUNCIL AC~N STAFF REPORT The proposed vacation of that certain alley located between 16th St. and Evans St., West of Mt. Vernon Avenue was initiated by the City. Findings of need for health and safety reasons was adopted and Plan No. 7335 was approved on November 17, 1987. The Negative Declaration was adopted on February 1, 1988. . All interested City department heads and utility companies were notified by mail of the proposed vacation on December 12, 1987. A reservation of an easement for public utiltites was requested and set forth in the Resolution of Intention, which was adopted on March 22, 1988. That Resolution also set a public hearing date of April 18, 1988, relative to the proposed vacation. On March 30, 1988, the Resolution of Intention was published in the local newspaper, as required by law, and the notices were posted in the area proposed for vacation. In the opinion of this Division, there is no further necessity for that certain North/South alley located between 16th St. and Evans St., West of Mt. Vernon Ave., for present or prospective alley purposes. Therefore, we recommend 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. 2. By virtue of the posting and publication of the proposal, neither thisoffice nor the City Clerk's office has received any written protests against the vacation as of this date. 3. All of the interested City Department Heads and Utility Companies were notified of the proposal and all have given their respective consent. A reservation of an easement for public utitlity purposes was requested, however, 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 Resolution Ordering Vacation for your action. 3-30-88 15.0264 AREA TO BE VACA TED /6 fIo STRUT /3 14 ~4 III 33 '3S 36 '37 38 '::l IS ':::t. ~ --- "I:: 4'1 43 42 'II 40 3<l If, .,t''J. ,-; ;t ",,\~- qr -'/ft.-- EVA" S STRIE T '9 1t - - -- ~ llC :10 ~ ..: 71. ~ 71 7Z 73 74 7S 2.1 DIRECTOR OF PUBLIC WORKS /CITV ENGINEER P".p.".d b~1 L. FOGASSV Sh..t Ch.ck.d b~ I 1 of 1 DATE I O'J- oS -8 AREA VACATED SHOWN THUS ~ FILE NO.1 /5.30-Z62. PLAN NO.1 7~35 03/30/88 CITY OF SAN BERNARDINO PUBLIC HORKS DePARTMENT ENGINEeRING DIVISION ReAL PRtFERTY seCTION STREeT / ALLEY VACATION I AJ/eJ W~st of M! VERNON INE.. &tbJct!1'Ilb'QI 51. and EVflN5 5T. -f'- -' 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 03/30/88 /'"' o o \ - RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH SOUTH ALLEY LOCATED BETWEEN 16TH STREET AND EVANS STREET. WEST OF MT. VERNON AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN AND ALSO RESERVING AN EASEMENT FOR INGRESS AND EGRESS FOR LOT 38 OF TRACT NO. 2850 AND LOT 39 OF TRACT NO. 2891. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Counci 1 of the City of San Bernardino. having heard the evidence offered in relation to the proposed vacation of that certain North/South.Alley located between 16th Street and Evans Street. West of Mt. vernon Avenue described in City Resolution of Intention No. 88-92. hereby find from all of the evidence submitted that such alley proposed to be vacated by said Resolution is unnecessary for present or prospective alley purposes. SECTION 2. The Mayor and Common Council of sa i d Ci ty do hereby vacate that certain North/South Alley located between 16th Street and Evans Street. West of Mt. Vernon Avenue. San Bernardino. California. more particularly described as follows: That certain North/South Alley. located West of Mt. Vernon Avenue. between 16th Street and Evans Street. as delineated on the Map of Tract No. 2780. as per map recorded in Book 38 of Maps, page 71. records of the County Recorder of San Bernardino County. State of California, described as follows: Beginning at the Northeast corner of Lot 38 of Tract No. 2850. as per map recorded in Book 39 of Maps. page 26, records of said County. said point also being the South line of said 16th Street; thence South. along the East line of said Lot 38. and the East line of Lot 39 of Tract No. 2891. as per map recorded in Book 40 of Maps. page 1. records of said County. to the Southeast corner thereof. said point also being the North line of said Evans Street; thence East. along the Easterly prolongation of said North line .a distance of 20 feet more or less, to the West line of Lot 18 of said Tract No. 2780; thence North. along the West lines of Lots 18. 17. 16. 15. 14 and 13 of said Tract No. 2780. to the Northwest corner of said Lot 13. said point also being the South line of said 16th Street; thence West. along the Westerly ~rolongation of said South line. to the Point of Beginnlng. ~;/ Ir~ -c. 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 03/30/88 I RESOLUTION ORDERING V~TION :ALLEY SOUT.~OF 16TH STREET, WEST OF MT. VEjN ,_, I .,. And is also described in said Resolution No. 88-92. SECTION 3. Thi s Resol uti on shall reserve, and nothing herei n shall in any way affect or disturb each and every existing easement for facilities and for pUblic utility purposes belonging either to the City of San Bernardi no or to any pub 11 c uti 1 ity and there is further reserved for present and future general public utility purposes and for this City an easement reasonably necessary to locate pUblic utility and appurtenant facilities over, in, under or across the real property described hereinbefore along with the right to use, install, maintain, repair, replace or renew such facilities and an easement for egress and ingress for Lot 38 of Tract No. 2850 and for Lot 39 of Tract No. 2891 and those reserved by Resolution of Intention No. 88-92. 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. * * * * * ***** 2 _~ - RESOLUTION ORDERING V~ION :ALLEY SOUT(:jF 16TH STREET, WEST OF MT. VER:~ 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Counci I of the Ci ty of San Bernardi no at a 3 4 meeting thereof held on the day of , 1988, by the following vote, to-wit: 5 AYES: Council Members 6 7 8 9 10 11 12 13 14 15 16 17 18 NAYS: ABSENT: City Clerk The foregoi ng reso 1 uti on is hereby approved thi s , 1988. day of Evlyn Wilcox, Mayor City of San Bernardino 19 20 Approved as to form and legal content: hy./~ 21 22 ~y ttorney 23 24 25 26 27 28 03/30/88 3