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CI1Y OF SAN BERN.DINO
I
File No. 15.30-2~0
- REQUEST F. COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Street Vacation and f'rotest Hearing
10:00 am and Resolution Ordering
Vacation: North/South alley, West of
Waterman Avenue, between 27th Street
and Alexander Street
Dept:
Public Works /Engineering
Date:
November 13, 1990
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Synopsis of Previous Council action:
04-02-90
Authorization to proceed was given, and Plan No. 8092 was approved.
06/26/90
Environmental exemption filed and a finding of consistency with the
General Plan was made.
11/05/89
Resolution of Intention No. 90-466 was adopted, which sets a
public hearing date of 12/03/90 for the proposed vacation of
of that certain North/South alley, West of Waterman Avenue, between
27th Street and Alexander street, per attached Plan No. 8092.
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 North/South alley, West of Waterman Avenue, between 27th
Street and Alexander Street, is no longer necessary for street purposes, be
adopted.
2. Adopt Resolution.
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Signature:. ,> ~
cc: Shauna Edwins, Citv Administrator
Andrew Green, Fina~ce Director'
James Penman, City Attorney
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached:
Staff Report, Resolution, Map
Ward:
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FUNDING REQUIREMENTS:
Amount:
Wages on W. O. 1266
Source: (Acct. No.!
001-302-53157
(Acct. Descriotionl
Street Vacation
Finance:
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Council Notes:
11/13/90
Agenda Item NO._~ !
75.0262
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CITY OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION
STAFF REPORT
staff received a request from Freddie Spellacy, of Spellacy and Associates, and one of
three adjoining owners, to vacate that certain North/South alley, West of Waterman
Avenue, between 27th Street and Alexander Street, in an effort to protect her tenants
from speeding cars, drug sales, trash dumping, and other unauthorized/illegal use of
the alley. Authorization was given on 04/02/90, to proceed with the proposed vacation
and Plan No. 8092 was approved.
utility companies and City departments were notified of the proposed vacation on
05/11/90, with a reply due by 06/11/90. No negative comments were received.
On 06/26/90, the alley was declared environmentally exempt, and a finding of
consistency with the General Plan was made.
On 11/05/90, Resolution of Intention No. 90-446 was adopted, reserving easements for
sewer and public utilities over the entire area of the vacation. That resolution sets
a public hearing date of 12/03/90. On 11/14/90, the Resolution of Intention was
published in a local newspaper, Notices were posted in the area proposed tor 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 North/South alley, West of
Waterman Avenue, between 27th Street and Alexander Street, either tor present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above alley has been determined by the Department of Public Works to be of no
further necessity to the general public:
a) Declared environmentally exempt, and a finding of consistency with the General
Plan was ,made.
2. All three of the adjoining property owners are in favor of the requested
proceedings and the required $750.00 tee 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. Reservations of easements
for Sewer and Public Utilities have been reserved over the entire area of the
proposed vacation, and the same have been provided for in the Resolution ot
Intention. Trash bins in the alley will be removed.
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.
11/13/90
2
75-0264
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CITY OF SAN BERNARDINO
PU..IC NORKS DEPARTMENT
EJ'IftY..BRING DIVISION
REAL PRaPe" I Y SECTION
W/~,'XWIIIP
STREET I ALLEY VACM'ION I
Nort:J.JSout:A 411ft!, UJl.d
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FILE NO.I/..
!'LilI" NO.1 80
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11/13/90
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RESOLliTIOK, NO,
RESOLUTION OF THE CITY OF SAK BERKARDINO ORDERING THE VACATION OF
THE NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND
ALEXANDER AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT
FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMEKTS,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
The Mayor and Common Council of the City
of San
SECTION 1:
having heard the evidence offered in relation to the
proposed
Bernardino,
vacation
of
that t'iorth/South alley between Alexander Avenue and 27th
Street, West of Waterman Avenue. more particular'ly' described in Cit~.
Resolution of Intention No. 90-446, hereby find from all of the evidence
submitted that such 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 that certain North/South aU ey, West of Waterman Avenue, between 27th
and Alexander Street, in San Bernardino,
California,
Street
more
particularly described as follows:
That certain North/South alley, as per plat recorded in
Book 46 of Maps, Page 6B, in the office of the County
Recorder of the County' of San Bernardino, described as
follows:
Beginning at the Northwest corner of Lot 2, Tract No.
3534, records of said County; thence South along the West
line of said Lot 2, a distance of 252.42; thence West
along the North line of 27th Street, 45.00 feet in width,
a distance of 30.00 feet; thence North and parallel with
said West line of said Lot 2, a distance of 252.42 feet;
thence East along the South line of Alexander Avenue
(Pioneer Way), 60.00 feet in width, a distance of 30.00
feet to the Point of Beginning.
And is also described in said Resolution of Intention No. 90-446.
SECTION
3.
Nothing in this Resulution shall in any affect or
disturb dny existing easements for public uti lity purposes belonging either
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11/13/90
,ALLil "ALA1.iu~; ~U.i<il1/o>iJLIH ALLEi, ~ESl iJt
STREET AXD ALE~R STREET
~ATEk1A!\ A\t..\GE,
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1.7111
to the City of San Bernardino or to any public utilitv. There is hereb,'
specifically reserved for the Ci t:. of San Bernardino. an easement in, over,
under and across the entire area of the proposed vacation for sanitary sewer
and all appurtenant facilities, and to use, maintain, repair. replace or
renew such faci liti es. There are also specifically reserved. easements for
General Telephone. Southern California Edison and SoCalGas to construct.
place, operate, inspect, maintain, repair, replace and remove such aerial
and
telephone, telegraph and
communication
structures,
underground
electrical transmission structures and gas lines respecti ve 1,,', as the
companies may from time to time require, consisting of poles, anchors,
wires, cables. conduits. manholes. markers. pipelines and necessary fixtures
and appurtenances.
SECTIO~ 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: NOlITH/SOUH ALLE\, WE,,} OF
STREET AND ALE~ER STREET
WAT1k'lAN
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A\ib~LJE,
I C:
JJLhu.N
~;: 1M
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I HEREBY CERTIF'l that the foregoing resolution was duly adopted by
meeting thereof held
2 the Mayor and Common Cowlcil of the City of San Bernardino at a
i1/13/90
on the
day
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of
, 19____, by the following vote, to-wit:
COl'<C IL ME'IEERS
AYES
ESTRADA
REILLY
FLORES
:'IAlllSLEl
MINOR
POPE-WIlLA!'!
MILLER
NAYS
ABSTAH
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City Clerk
The foregoing resolution is hereby approved this _______ da:, of
, 1990.
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~. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
Janles F. Penman,
City AHornev
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