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- REQUEST FOR COUNCIL
Ji~
Ac!TioN
CITY OF SAN BERNARDINO
From: ROGER G. HAROGRAVE, DirectoftEC'D.-DMMlt:OFFApproval of Plan, Authorization
to Proceed and Resolution of
Dept: Public Works/Engineering 1986 FEe -6 PH 3: (}~tention: Alley Vacation -
Portion of E/W Alley S/O 40th,
Date: February 4, 1986 W/O Sierra Way
Synopsis of Previous Council action:
None
Recommen<led motion:
1.
That Plan No. 6869, for the vacation of a portion of that certain
East/West alley located South of 40th Street and West of Sierra Way,
be approved and the eity Engineer and eity elerk be authorized to
proceed, .
2.
Adopt the Resolution.
c c:
John Matzer Jr., eity Administrator
Finance Department
{)Jvt E~~
Signature
Contact person:
Verne Nadea'l
Phone:
S020
4
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$400.00
Source:
(l1-(l(l9-424 VacatiaR
/J- Fili2:rF~~
,
General F'lnd
._u..u__ Finance:
Council Notes:
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Agenda Item NO~ /.
75.0262
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CITY OF SAN BERNARDwt40 - REQU~T FOR COUNCIL AC'-1ON
STAFF REPORT
A request was received t~ vacate a portion of that certain
East/West alley located South of 40th Street and West of Sierra
Way. from the owners who adjoin the portion to be vacated
relative to a proposed construction. This request represents
100% of those owners who adjoin the alley.
All the interested ei ty Oepartment Heads and the Uti 1 i ty
eompanies were notified of the proposal on December 5. 1985.
wi th a reply due on January 10. 1986. The util i ty companies
have responded and no reservation for public utility easements
was requested. The Engineering Oivision. however. has
requested the reservation of an easement over the West 20 feet
of the portion being vacated for sewer purposes.
The Planning Department has responded and indicates that"
the proposed vacation... was recommended for approval."
The proponents have been notified by letter on January 13.
1986. of the requested easement. and have responded with
notification for us to proceed. The required $400.00 fee has
been paid. and it is. therefore, recommended that favorable
consideration be given to the requested vacation.
The Resolution of Intention. which sets a protest date of March
17. 1986. has heen attached hereto for your action also.
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75-0264
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RESOLUTION NO.
A RESOLUTION OF THE eITY OF SAN BERNARDINO OEeLARING
ITS INTENTION TO ORDER THE VAeATION OF A PORTION OF THAT
eERTAIN EAST/WEST ALLEY LoeATED SOUTH OF FORTIETH STREET ANO
WEST OF SIERRA WAY, AUD RESERVING A SE\~ER FAeILITIES EASEHENT
OVER A PORTION THEREON.
BE IT RESOLVED 8Y THE MAYOR AND eOMMON eOUNeIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
SEeTION 1. That the Mayor and eommon eounci1 of the
eity of San Bernardino hereby declares its intention to order
the vacation of a portion of that certain East/West alley
located South of Fortieth Street and West of Sierra Way, in
said eity, which said portion is more particularly described as
f 011 ow s :
That portion of that certain East/west alley
lying South of 40th Street and West of Sierra
Way as delineated on the Map of Tract No. 1948,
as per plat thereof recorded in Book 2B of
Maps, page 50, records of the eounty Recorder
of San Bernardi no County, Sta te of California,
described as follows:
Beginning at the Northeast corner of Lot 36 of
said Tract No. 1948; thence West along the
North line thel'eof, a distance of 117.06 feet;
thence North and parallel with the East line of
said Lot 36, a distance of 20.00 feet to the
South line of Lot 3 of said Tract No. 1948;
thence East along the South line of Lots 3, 2
and 1 of said Tract No. 1948 to the Southeast
corner of said Lot 1; thence South to the Point
of Beginning.
SEeTION 2. That the Mayor and Common Council of the
eity of San Bernardino, in vacating the above described portion
of sa i d all e y, e 1 e c t s to proceed under and in a c cor d an c e wi t h
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the provisions of the "Public Streets, Highways and Services
Vacation Law", being Division 9, Part 3, of the Streets and
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Highways Code of the State of California.
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SEeTION 3. That the hour of 9:00 A.M. on the 17th day
of March, 1986, in the eouncil Chamber of the eity Hall, San
Bernardino, ealifornia, be, and the same hereby is fixed as the
time and place when and where all persons interested in or
objecting to the proposed vacation may appear before the said
r~ayor and Common eouncil and offer evidence in relation
thereto. For further particulars as to the proposed vacation
of the hereinbefore described portion of said alley, reference
is made to that certain map marked "Plan No. 6869" approved
February 17, 1986, on file in the office of the eity Clerk of
said City.
SECTION 4. Nothing in this Resolution shall in any way
affect or disturb any existing easements for sanitary sewer and
appurtenant facilities belonging to the eity of San Bernardino
and there is hereby reserved for this eity an easement
reasonably necessary to locate such sanitary sewer over, in,
under or across the West 20.00 feet of the real property here-
inabove described and to use, maintain, repair, replace or
renew such faci 1 i ties.
SEeTION 5. That the eity Engineer of the eity of San
Bernardino hereby is directed to cause Notices of Street
Vacation to be posted as required by the Public Streets,
Highways and Services Vacation Law.
SECTION 6. That the City elerk shall certify to the
adoption of this Resolution of Intention and shall cause the
same to be pUblished once a week for two successive weeks in
The Sun, a newspaper published and circulated in the City of
San Bernardino, prior to the date of the above public hearing.
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1 I HEREBY eERTIFY that the foregoing resolution was duly
2 adopted by the ~layor and C'ommon Council of the Ci ty of San
Berna rd i no a t a
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meeting thereof held on the
day of
,
1986, by the following vote,
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AYES:
Council Members
NAYS:
ABSENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
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22 eity Attorney
Mayor of the City of San Bernardino
Approved as to form:
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