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From:ROGER G. HARDGRAVE, Director REC'D. -AD:V1t"SuJU~t:
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Dept: Public Works/Engineering mag SfP 27 ,414 8 4[
Date: September 18, 1989
Street Vacation and Protest Hearing
10:00 a.m., and Resolution Ordering
Vacation: That certain East/West alley
South of Baseline Street, between Wall
and Sepulveda Avenue
Synopsis of Previous Council action:
11/07/88 --- Authorization to proceed was given, and Plan No. 7621 was approved.
04/03/89 Negative Declaration was adopted and a finding of conSistency with
the General Plan was made.
09/18/89 --- Resolution of Intention No. 89-363 was adopted, whiCh sets a
public hearing date of 10/16/89 for the proposed vacation of
of that certain East/West alley, South of Baseline Street, between
Wall Avenue and Sepulveda Avenue per attached Plan No. 7621.
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 East/West alley South of Baseline Street, between Lugo
and Sepulveda, is no longer necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Andrew Green, Director of Finance ~ ~-'e A.~~
Marshall Julian, City Administrator ______________~~
Jim Richardson, Deputy City Administrator elopme t
James Penman, City Attorney
Anne DeBolt
Contact person:
Phone:
5328
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Staff Report, Resolution, Map
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Wages on W. O. 1266
Amount:
001-302-53157
Source: (Acct. No.)
Vacation filing fees
(Acct. DescriPtion)
Finance: l \, y.ct \(."~; f) r- '
Council Notes:
09/18/89
75.0262
Agenda I tern No.
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· CITY OF SAN BER~DINO - REQUEST t:dR COUNCIL ACTION
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STAFF REPORT
Staff received a request from several of the adjoining owners to vacate that certain
East/West alley, South of Baseline Street, between Wall Avenue and Sepulveda Avenue,
in an effort to prevent the use of the alley by thieves breaking into their
businesses, from speeding cars, drug sales and other unauthorized/illegal use of the
alley. Authorization was given on 11/07/88, to proceed with the proposed vacation and
Plan No. 7621 was approved.
Utility companies and City departments were notified of the proposed vacation on
01/31/89, with a reply due by 02/24/89. No negative comments were received, however,
a problem occurred with access for trash disposal trucks. This problem was alleviated
by moving the trash pickup area to Wall and Sepulveda Avenues.
On 04/03/89, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was made.
On 09/18/89, Resolution of Intention No. 89-363 was adopted, reserving easements for
public utilities over the entire area of the vacation. That resolution sets a public
hearing date of 10/16/89. On 09/27/89, 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 that certain East/West alley, South of
Base 11 ne Street, between Wall Avenue and Sepulveda Avenue, ei ther for present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above portion of the street/alley has been determined by the Department of
Public Works to be of no further necessity to the general public:
a) Negative Declaration was adopted, and a finding of consistency with the
General Plan was made.
b) Traffic flow does not warrant a street/alley in this area.
2. Three of the adjOining property owners have requested the proceedings and the
required $400.00 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. An easement for Public
Utilities has 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.
09/18/89
75-0264
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FILE HO.I II. ,,-Z,12. PLAN NO.17~Z
STREET
CITY OF SAN BERNARDINO
PUa.IC NORKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTY SECTION
STREET / ALLEY VACATION I
ALLEY SOUTH OF BASELINE, BETWEEN
SEPULVEDA AVENUE AND WALL AVENUE
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09-18-89
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2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THAT CERTAIN EAST/WEST ALLEY, SOUTH OF BASELINE STREET, BETWEEN SEPULVEDA
3 AVENUE AND WALL AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC
UTILITY EASEMENT THEREIN.
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTI ON 1 :
The Mayor and Common Council of the City of San
8 Bernardino, having heard the evidence offered in relation to the proposed
9 vacation of that certain East/West alley, South of Baseline Street, and
10 between Sepulveda Avenue and Wa 11 Avenue, more parti cul arly descri bed in
11 City Resolution of Intention No. 89-363, hereby find from all of the
12 evi dence submi tted that such street proposed to be vaca ted by said
13 Resolution is unnecessary for present or prospective street purposes.
SECTION 2.
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15 vacate that certain East/West alley, South of Baseline Street, and between
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The Mayor and Common Council of said City do hereby
Sepulveda Avenue and Wall Avenue in San Bernardino,
California, more
particularly described as follows:
Beginning at the Southwest corner of Lot 1 of Block "A"
of W.J. Wilseys' Base Line Addition, as per map recorded
in Book 5 of Maps, page 27, in the office of the County
Recorder of said County, said point also being the East
line of Sepulveda Avenue, 60 feet wide; thence East,
along the South lines of Lots I, 2, 3, 4, 5, and 6 of
said Block"A", a di stance of 300 feet, more or less, to
the Southeast corner of said Lot 6, said point also being
the West line of Wall Avenue, 60 feet wide; thence South,
along the Southerly prolongation of the East line of said
Lot 6, a di stance of 16.5 feet, to the Northeast corner
of Lot 2 of Block "B" of said Wilseys' Base Line
Addition; thence West, along the North lines of Lots 2
and 1 of said Block "B", a distance of 300 feet, more or
less, to the Northwest corner of Lot 1 of said Block "B",
said point also being the East line of said Sepulveda
Avenue; thence North, along the Northerly prolongation of
the West line of said Lot I, a distance of 16.5 feet to
27 the Point of Beginning.
28 And is also described in said Resolution of Intention No. 89-363.
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09-18-89
ALLEY VACATION~jEAST/WEST ALLEY, SOUTH OF BASf::fE STREET
SECTION 3. Nothing in this Resolution shall in any way affect
or disturb any exi sti ng easements for pub 1 i c util i ty purposes be 10ngi ng
either to the City of San Bernardino or to any public utility, a'nd there is
hereby specifically reserved, for the General Telephone Co. the easement and
right at any time, or from time to time to construct, place, operate,
inspect, maintain, repair, replace and remove such aerial and underground
telephone, telegraph and communication structures as the company may from
time to time require, consisting of poles, anchors, wires, cables, conduits,
manhol es, markers and necessary fixtures and appurtenances, i ncl udi ng the
right of ingress and egress thereto.
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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ALLEY VACATION: ~AST/WEST ALLEY, SOUTH OF BASELINE STREET
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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
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meeting thereof held on the
, 19 , by the fOllowing vote, to-wit:
day
of
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day 0 f
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19 Approved as to form
and legal content:
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21 James F. Penman,
City Attorney
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23 BY~ '?./c:.-~_
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09-18-89
w. R. Holcomb, Mayor
City of San Bernardino
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