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: CITY OF SAN BER""'DIN.QUEST ~R C~~~i~5 :;;'lION
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From: ROGER G. HARDGRAVE. Di r~rJ. - A'i..L';.. . v . Subject:
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Dept: Public Works/Engineering\9B9 SEP 213 u 'Tv
Da~: September 19. 1989
Street Vacation and Protest Hearing
10:00 a.m.. and Resolution Ordering
Vacation: 2 East/West alleys lying
between Massachusetts and Garner &
between 15th and 16th Streets
Synopsis of Previous Council action:
05/15/89 Authorization to proceed was given. and Plan No. 7763 was approved.
08/21/89 Negative Declaration was adopted and a Finding of Consistency with
the General Plan was made.
09/18/89 --- Resolution of Intention No. 89-360 was adopted. which sets a
public hearing date of 10/16/89 for the proposed vacation of 2
East/West alleys 1yi ng between Massachusetts Avenue and Garner
Avenue. and between 15th Street and 16th Street per attached Plan
No. 7763.
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 those two East/West alleys lying between Massachusetts Avenue and Garner
Avenue and between 15th Street and 16th Street are no longer necessary for
street purposes. be adopted.
2. Adopt Resolution.
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cc: Marshall Julian. City Administrator
Jim Richardson. Deputy City Administrator
James Penman. City Attorney
Anne DeBolt
Contact person:
Phone:
5328
Staff Report. Resolution. Map
Supporting data attached:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
09/19/89
75-0262
Agenda Item No.
SL
." CITY OF SAN BERNCRDINO - REQUEST PdR COUNCIL ACTION
STAFF REPORT
The proposed vacations were instituted by Councilwoman, Valerie Pope-Ludlam in April,
1989. There are a great many encroachments in the alleys making it impossible for the
refuse department to thoroughly clean the area, which in turn leads to a build-up of
trash and the resultant vermin. In essence, both alleys should be considered "paper
alleys", as they exist only on street maps and are unusable by the public.
Authorization to proceed was given 5/15/89 and Plan No. 7763 was approved.
Utility companies and City departments were notified of the proposed vacation on
5/30/89, with a reply due by 6/30/89. No negative comments were received.
On 8/21/89, 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. 89-360 was adopted, reserving easements for
public utilities, Southern California Edison and General Telephone Co. 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 vaca ti on, and property owners adjacent to the proposed vaca ti on were noti fi ed of
said hearing.
There appears to be no further necessity for a portion of either alley for present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above alleys have been determined by the Department of Public Works to be of
no further necessity to the general public:
a) On 08/21/89, a Negative Declaration was adopted, and a finding of consistency
with the General Plan was made.
2. Many of the adjoining property owners have requested the proceedings and the
required $400.00 fee has been waived as this proceedure was City initiated.
a) By vi rtue of the mail i ng, pos ti n9 and pub 1 i cation of the proposal, nei ther
thi s offi ce nor the Ci ty Cl erk IS offi ce has recei ved any written protests
against the vacation as of this date.
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservation of an easement
for Southern California Edison and General Telephone Co., and a Public Utilities
easement, were requested and the same have 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.
09/19/89
75-0264
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15TH Sr;fCEE'r
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Nor T() .s~ALE
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTY SECTION
01 ECTOR OF PUBLIC WORKS JCITV ENGINEER
P".p.".d b!fl ~N6- 1JE.13oL., Sh..t
Ch.cM.d b!f : N~ J C" ,-:] '-' i!
DATE: I.} 14 8'9 of
AREA VACATED SHOWN THUS ~
STREET / ALLEY VACATION I
ElltsrlWEST ALLE.Y~ BETWEEN
fT,lfItNER- ~UIE.NUE. I/" MAs.s~(!HUJETT.s
-AVENUE N{)6!TH OJ:" E"v~AlS ..snz~
SOUTH dF IhTHSrJfZEE.,~ soum .'
OF E"V,lfJA,/G SneE~r/ NOA!..nI ~
/5""' S~
FILE 1'40.: 15,30-2..91 PLAN NO.1 77',3
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09/19/89
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF TWO EAST/WEST ALLEYS BETWEEN MASSACHUSETTS AVENUE AND GARNER AVENUE AND
BETWEEN 15TH STREET AND 16TH STREET, SAN BERNARDINO, AND RESERVING PUBLIC
UTILITY EASEMENTS AND A SANITARY SEWER EASEMENT THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of those two East/West alleys between Massachusetts Avenue and
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10 described in City Resolution of Intention No. 89-360,
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Garner Avenue, and between 15th Street and 16th Street,
more
parti cularly
hereby fi nd from all
of the evidence submitted that such alleys proposed to be vacated by said
Resolution are unnecessary for present or prospective street purposes.
SECTION 2.
The Mayor and Common Council of said City do hereby
vacate those two East/West alleys, between Massachusetts Avenue and Garner
Avenue, and between 15th Street and 16th Street in San
Bernardino,
California, more particularly described as follows:
Alley #1 - Beginning at the Southwest corner of Lot 1 of
Block 1 of Tract No. 2668, as per map recorded in Book 37
of Maps, Page 84, in the office of the County Recorder of
San Bernardino County, State of California, said point
also being in the East line of Garner Avenue, 60.00 feet
wide; thence East, along the South lines of Lots 1, 2, 3,
4,5,6,7,8,9 10,11 and 12 of said Block 1, a
distance of 740 feet, more or less, to the Southeast
corner of said Lot 12, said point also being in the West
line of Massachusetts Avenue, 50.00 feet wide; thence
South, along the Southerly prolongation of the East line
of said Lot 12, a di stance of 15 feet, more or less, to
the Northeast corner of Lot 13 of said Block 1, said
point also being in the West line of said Massachusetts
Avenue; thence West along the North lines of Lots 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of said Block
1, a distance of 740 feet, more or less, to the Northwest
corner of Lot 24 of said Block 1, said pOint also being
in the East line of said Garner Avenue; thence North
along the Northerly prolongation of the West line of said
Lot 24, a distance of 15 feet, more or less, to the Point.
of Beginning.
, ALLEY VACATION: 2 EAST/WEST ALLEYS, BETWEEN MASSACHUSETTS AND GARNER
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Alley #2 - Beginning at the Southwest corner of Lot 1 of
Block 2 of Tract No. 2668, as per map recorded in Book 37
of Maps, Page 84, in the office of the County Recorder of
San Bernardino County, State of California, said point
also being in the East line of Garner Avenue, 60.00 feet
wide; thence East along the South lines of Lots I, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11 and 12 of said Block 2, a
distance of 740 feet, more or less, to the Southeast
corner of said Lot 12, said point also being in the West
1 i ne of Massachusetts Avenue, 50.00 feet wi de; thence
South, along the Southerly prolongation of the East line
of said Lot 12, a distance of 15 feet, more or less, to
the Northeast corner of Lot 13 of said Block 2, said
point also being in the West line of said Massachusetts
Avenue; thence West along the North lines of Lots 13, 14,
IS, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of said Block
2, a distance of 740 feet, more or less, to the Northwest
corner of Lot 24 of said Block 2, said point also being
in the East line of said Garner Avenue; thence North
along the Northerly prolongation of the West line of said
Lot 24, a distance of 15 feet, more or less, to the Point
of Beginning.
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12 And is also described in said Resolution of Intention No. 89-360.
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SECTION
3.
Nothing in this Resolution shall in any affect or
14 disturb any existing easements for sanitary sewer and appurtenant facilities
15 and for public utility purposes belonging either to the City of San
16 Bernardino or to any public utility, and there is further reserved for
17 present and future general public utility purposes, and for this City, an
18 easement reasonably necessary to locate sanitary sewer, public utility and
19 appurtenant facilities in, over, under and across the real property
20 described hereinbefore along with the right to use, install, maintain,
21 repa tr, replace or renew such faci 1 i ti es, and there is hereby speci fi ca 11 y
22 reserved, for Southern California Edison and the General Telephone Co., the
23 easement and right at any time, or from time to time to construct, place,
24 operate, inspect, maintain, repair, replace and remove such aerial and
25 underground telephone, telegraph, electrical and communication structures as
26 the companies may from time to time require, consisting of poles, anchors,
27 wires, cables, conduits, manholes, markers and necessary fixtures and
28 appurtenances, including the right of ingress and egress thereto.
09/19/89
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09/19/89
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ALLEY VACATION: 2 EAST/WEST ALLEYS. BETWEEN MASSAC~HUSETTS AND GARNER
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SECTION 4.
The City Clerk of the City of San Bernardino shall
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2 cause a certified copy of this resolution to be recorded in the office of
3 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 Common Council of the City of San Bernardino at a
meeting thereof held on the day of
. 19 . by the following vote. to-wit:
AYES: Council Members
NAYS:
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ABSENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
. 19
day 0 f
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Approved as to form
23 and legal content:
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w. R. Holcomb. Mayor
City of San Bernardino
James F. Penman.
Ci ty Attorney
By: ~ ? I~,
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