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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation of the north-
south alley, west of Mount Vernon Avenue,
north of 5th Street.
Dept: Development Services
Date: August 29, 2006
File No. 15.30-387
Synopsis of Previous Council Action:
MCC Date: September 18,2006
February 21,2006: Authorization to proceed with the proposed vacation ofthe north-south alley,
west of Mount Vernon A venue, north of 5th Street was approved.
August 21, 2006: Resolution No. 2006-290 was adopted, declaring its intention to vacate the
north-south alley, west of Mount Vernon A venue, north of 5th Street and setting a public hearing
for September 18,2006.
Recommended Motion:
I. That the public hearing be closed and the Findings of Fact, as set forth in the staff report
from the Director of Development Services, as to why the north-south alley, west of
Mount Vernon A venue, north of 5th Street is no longer necessary for public street
purposes, be adopted.
AND
2.
Adopt Resolution.
~(;, lW-
Valerie C. Ross
Contact person:
Jeanne'marie Fitzpatrick
Phone:
5328
Supporting data attached: StaffReport/Reso/Exhibits Ward:
FUNDING REQUIREMENTS: Amount: $1,200 (processing fee paid)
Source: (Acct. No.) 001-000-4780-0000
1
(Acct. Description) Vacation Processing Fees
Finance:
Council Notes:
R.-e8) _ ~DD b- ?If)
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: north-south alley, west of Mount
V emon Avenue, north of Sth Street.
BACKGROUND:
On December 13, 200S, this office received the application and processing fees for the proposed
vacation of the north-south alley bordered by Spruce Street on the north, Mt. Vernon Avenue on
the east, Sth Street on the south and Herrington Avenue on the west. The Economic
Development Agency made this request as part of a redevelopment project. The development
will be an ARCO service station with nine multiple point dispensers which will provide eighteen
fueling positions. Included with the ARCO will be an AMlPM Mini-Mart and a self-service car
wash. The approved site plan is attached.
On the west side of the alley is a small retail strip mall. There is ingress and egress for this
center from driveways on Sth Street and Herrington Avenue so the proposed vacation ofthis alley
will not affect access.
On February 21, 2006, authorization to proceed with the proposed vacation was given and Plan
No. 11664 was approved. City Departments, utility companies and other government entities
were notified of the proposal and were given the opportunity to submit easement reservations
and any comments or conflicts. Several responses were received and were favorable. It was
requested to reserve easements for three utility companies (Southern California Edison, Adelphia
and Time Warner). The property owner to the west also noted that his trash enclosure opens
onto the alley. Staff will reserve an access easement to the City for refuse service.
On August 21, 2006, Resolution No. 2006-290 was adopted declaring the City's intention to
order the vacation of the north-south alley, west of Mount V ernon Avenue, north of Sth Street,
and setting a public hearing for September 18, 2006. The Resolution was published in the Sun
newspaper, and the alley posted. All affected property owners in the area were notified of the
public hearing.
There appears to be no further necessity for the area proposed for vacation for alley purposes,
and staff recommends the vacation based on the following facts:
I. The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted.
4. There have been no objections by any adjoining property owners.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Page Two - Staff Report
5. Easements across the area to be vacated will be reserved in the Resolution Ordering
Vacation for Southern California Edison, Adelphia Cable, Time Wamer Telecom, and the
City of San Bernardino for refuse service.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of $1 ,200 for the completion of the vacation
proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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CITY OF SAN BERNARD~NO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF THE NORTH
SOUTH ALLEY, WEST OF MT. VERNON
AVENUE, NORTH OF 5TH STREET
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PROPOSED VACATION OF THE NORTH SOUTH ALLEY,
WEST OF MT. VERNON, NORTH OF 5TH
Prepared by:
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PLAN NO.: 11664 FILE NO.: 15.30-387
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF THE NORTH-SOUTH ALLEY, WEST OF MOUNT VER,,"ON
A VENUE, NORTH OF 5TH STREET (PLAN NO. 11664).
4
5
BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
8 having heard the evidence offered in relation to the proposed vacation of the north-south alley,
9 west of Mount Vernon A venue. north of 5th Street, described in Resolution of Intention No.
10
2006-290, hereby find from all of the evidence submitted that such alley proposed to be vacated
11
by said Resolution is unnecessary for present and prospective street purposes.
12
13 SECTION 2. The Mayor and Common Council of said City do hereby vacate that north-
14 south alley, west of Mount Vernon A venue, north of 5th Street. more fully described as follows:
15
A portion of land being a portion of the Tompkins Subdivision per plat recorded in Book
16 5, page 98 of Maps in the office of the County Recorder of the County of San Bernardino, State
of California, described as follows:
17
18
19
Beginning at a point of intersection of the north line of Lot 6, with a line that is 1.40 feet
west of and parallel with the east line of said Lot 6, Block 1 of said Tompkins Subdivision;
thence south along said parallel line across said Lot 6, and Lots 7, 8, 9, and 10 of said Tompkins
Subdivision to a point on the south line of said Lot 10; thence east along a straight line, a
20 distance of 18.6 feet. to the southwest corner of Lot 1, Block 1 of said Tompkins Subdivision;
thence north along the west line of said Lot I, and Lots 2, 3, 4, and 5 of said Tompkins
21 Subdivision to the northwest corner of said Lot 5; thence west along a straight line to the Point of
22 Beginning.
23
24
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
25
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27
28
easements for public utility purposes belonging either to the City of San Bernardino or to any
public utility; and there is hereby specifically reserved for Southern California Edison, its
successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair,
replace and remove any overhead or underground electrical transmission and/or distribution
structure consisting of wires, cables, conduits, poles, pole anchors and
guy wires, manhole
'1Lo - .:?-f;
q //J"/t:.
09/11106
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RESOLl'no:>o OF THE CITY OF SA:>O BE&'\'ARDINO ORDERING THE VACA no," OF THE NORTH-
SOUTH ALLEY. WEST OF MOO;T VE&'\'O:>O A VENUE. NORTH OF sTli STREET (PLAN NO. 11664).
markers and necessary fixtures and appurtenances. and said easement shall include the right of
ingress and egress thereto; and there is hereby specifically reserved for Time Warner Telecom, its
successors, heirs and assigns, an easement to construct, place, operate. inspect, maintain, repair
and replace underground and overhead structures consisting of wires, cables and necessary
fixtures and appurtenances and said easement shall include the rights of ingress and egress; and
there is hereby specifically reserved for Adelphia, its successors, heirs and assigns, an easement
to construct, place, operate, inspect, maintain, repair and replace underground and overhead
structures consisting of wires; cables and necessary fixtures and appurtenances and said easement
shall include the rights of ingress and egress; and there is specifically reserved for City of San
Bernardino Refuse an access easement over the proposed area to be vacated for refuse service.
SECTION 4. It is hereby determined that the vacation of said alley is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class 1, Section l5301(c).
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the San Bernardino County Recorder's office.
11/
08 24;06
2
t
e
RESOLUTION OF THE CITY OF SA:" BER."iARDI"O ORDERI"'G THE YACATIO'" OF THE !'\ORTH-
SOUTH ALLEY, WEST OF MOV!'\T VER."ION AVENVE, !'\ORTH OF STH STREET (PLA!'\ !'\O. 11664).
1
2
3
4
5 Common Council of Ihe Cily of San Bernardino at a
6
7
I HEREBY CERTIFY Ihal the foregoing resolution was duly adopted by the Mayor and
meeting Ihereof
held on the
day of
,20_, by the following vole, 10
8 wit:
9 Council Members: AYES
10 ESTRADA
11 LONGVILLE
12 VACANT
13
DERRY
e 14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
NAYS
ABSTAIN ABSENT
City Clerk
20
The foregoing resolution is hereby approved this
day of
,20_
21
22
23
24 Approved as 10 form:
25 (/, :1 &I/lvc
26 Vff, MES F. PENMAN
e 27 'jity Attorney
28
PATRICK J. MORRIS, Mayor
City of San Bernardino
OS '24/06
3
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