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Home My WebLink About29-Public Works II 111 r~lt l'U. ~J.Ju-~~u ~,~T~ OF SAN BERWDINO - REQUEST WR COUNCIL ACTION From: ROGER G. HARDGRAVE. Director Su~ect: street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation: portion of North/South alley West of "E" Street. between 14th Street and Magnolia Avenue Dept: Public Works/Engineering Date: February 10. 1992 Synopsis of Previous Council action: 11/04/91 --- Authorization to proceed was given. and Plan No. 7950 was approved. 01/13/92 Notice of Exemption filed with the County Board of Supervisors and determination of consistency with the General Plan was made. 02-03-92 Resolution of Intention No. 92-39 was adopted. which sets a public hearing date of 03/02/92 for the proposed vacation of a portion of that certain North/South alley, West of "E" Street, between 14th Street and Magnolia Avenue per attached Plan No. 7950. 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 a portion of that certain North/South alley, West of "E" Street, between 14th Street and Magnolia Avenue, is no longer necessary for street purposes. be adopted. 2. Adopt Resolution. cc: Shauna Clark. City Administrator Andrew Green, Director of Finance James F. Penman. City Attorney Contact person: Anno Do'Rnl1;: Phone: ~~,)A Supporting data attached: Q+Arf' 'Dopnr+ 'DD~n In+-i nn J MAp Ward: ? FUNDING REQUIREMENTS: Amount: lI'ag8~ en W. Q lJfi6 Source: (Acct. No,) nn1_<\n?_~<\l ~7 (Acct. DescriPtion) ~+rpP+ V""""Atinn a}).. ) Finance: lJr Council Notes: 75-0262 Agenda Item No 'lq I r 111 ~ITY: OF SAN BERteRDINO - REQUEST eR COUNCIL ACTION STAFF REPORT staff received a request from Mrs. Cook, of Cook's Upholstery supplies to vacate a portion of the North/South alley lying West of "E" Street, between 14th Street and Magnolia Avenue. Mrs. Cook has made this request twice in an effort to protect her business, her home, and an apartment which are all adjacent to this alley from persons who insist on unauthorized/illegal use of the alley. Authorization was given on 11/04/91. to proceed with the proposed vacation and Plan No. 7950 was approved. Utility companies and City departments were notified of the proposed vacation on 11/07/91. with a reply due by 12/09/91. No negative comments were received. On 01/13/92. a Notice of Exemption was filed with the County Board of Supervisors. and a finding of consistency with the General Plan was made. On 02/03/92. Resolution of Intention No. 92-39 was adopted. reserving easements for public utilities over the entire area of the vacation. That resolution sets a public hearing date of 03/02/92. On 02/12/92. 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 alley. West of "E" or future street following Findings be no further necessity for a portion of that certain North/South Street, between 14th Street and Magnolia Avenue either for present purposes. Staff recommends the vacation on the basis of the of Fact: 1. The above portion of the alley has been determined by the Department 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. Several of the adjoining property owners have requested the proceedings and the required $750.00 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. Reservation 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. 02/10/92 2 75-0264 /VIAfJlOLlA AVENUE--~- ~ ,"0 .. V" c"r.r> .;~I J#?;1 ..n::>' .; J.I" @ 12 @ ~@) @ ,-... (,51 @ I~ @ 13 ~ ~) ...,.. , " 10 9 8 7 @) , 3 @ ~ @ 17 IS 21 22. - @ 20 ~ @ ~ 15 ~@ 0 0 @ 1(0'" 4 I \ . 0 5 @ ",14J 16 I .o'...,' ..10:1' / '.I' _.I . . EVANS STREET- , -n1 ~ ~. ,..,,4 . .o'.-s ....- ~@) @ ~ @,'2 I I ~ ~ @ C@ @ @~ ~@ @ @~ 2 @ .~ 13. ~ \ " 10 9 ~ 8 7 6 @) 14 ~ r . ~ 3 @ \ ~ I I' (I ,.~ @----- 17 ~ " 2/ 22 .~ :" 20 . .. II :0 0~ 4 @ ., ~@ 10 @ @ .---- \ @) I I ~ 8 .~ /6 1_, I... ""<6 . 17...,. v ..1"0' .-' ./"J/r' I II TN I STREET --";) -- _, . ~ . I I II III \) : ~ -., I Iz.r' t!. l:j ~ U) CITY OF SAN BERNARDINO PUa.IC WORKS DEPARTMENT ENGINEERING DIVISION REAL PnOFERTY SECTION STREET I ALLEY VACRION I PDIt.TUIAI /)F ND~rH JoJOUrH J9"U~ WaST ()F "'E" .s'rAlr&T, 8~,., 1"1"" SrR.ar Itll.b MIt.",DUA AVE. ECTOR OF P IC WORKS /CITV ENGINEER Pr.p.r.e1 b!jl ---'!J. ~ Bo ,.,. Sheet ChecK.e1 b!j I 1/. Nad~1!!V toft DATE I lo-n-,t AREA VACATED SHOWN THUS ~ PLAN NO.1 7 SOO 02/10/92 Requested by and when recorded mail to: Citv Clerk, CAHall . 300 North "D" "eet San Bernardino, CA 92418 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET. BETWEEN 14TH STREET AND MAGNOLIA AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING EASE- MENTS FOR PUBLIC UTILITY PURPOSES 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 10 Bernardino, having heard the evidence offered in relation to the proposed 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vacation of a portion of the North/South alley lying West of "E" Street, between 14th Street and Magnolia Avenue, more particularly described in City Resolution of Intention No. 92-39. hereby find from all of the evidence submitted that such portion of the alley proposed to be vacated by said Resolution is unnecessary for present or prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate said portion of the North/South alley lying West of "E" Street. between 14th Street and Magnolia Avenue, San Bernardino. California. more particularly described as follows: That portion of Block B of Gatch's Subdivision. as per plat thereof recorded in Book 3 of Maps. Page 66. Records of the County of San Bernardino. State of Califonlia. described as follows: Beginning at the Northwest corner of Lot 1 of said Block B; thence South along the West line of Lots 1 and 2 of said Block B to the Southwest corner of said Lot 2; thence West along the Westerly prolongation of the South line of said Lot 2 to a point on the East line of Lot 6 of said Block B; thence North along said East line to the Northeast corner of said Lot 6; thence East along the Easterly prolongation of the North line of said Lot 6 to the Point of Beginning. And is also described in said Resolution of Intention No. 92-39. I 02/10/92 ALLEY VACATION: PORTION OF NORTH/SOUTH ALLEY, ~ND MAGNOLIA AVE. II III WEST OF "E", BETWEEN 14TH ST. . 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 SECTION Nothing in this Resolution shall in any affect or. 3. disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility and there is hereby reserved for future general public utility purposes and for this City an easement reasonably necessary to locate such public utility facilities over, in under or across the real property hereinabove described and to use. maintain, repair, replace or renew such facilities. There are hereby specifically reserved for Southern California Edison and Comcast Cable- vision. easements over the entire portion of the alley being vacated to construct, place, operate. inspect, maintain, repair, replace and remove aerial and underground electrical and television transmission such structures as the companies may from time to time require, consisting of poles. anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances. Said easements include rights of ingress and egress. I 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 Clerk of San Bernardino County. / / I I I I / I I I I I I I I / I I I I 2 ALLEY VACATION: PORTION OF NORTH/SOUTH ALLEY, ~ND MAGNOLIA AVE. II III WEST OF liE", BETWEEN 14TH ST. . 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 02/10/92 3 4 5 6 COUNCIL MEMBERS: 7 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER meeting held thereof on the day of , 1992, by the following vote, to-wit: AYES 14 15 16 17 18 NAYS ABSI~I!! ABSENT ----- Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day 19 of 20 21 22 23 24 25 26 27 28 . 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman. City Attorney tr~' t. I~'K,"~_ 3