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CITY QF SAN BERN6JINO - REQUEST OCOUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Subject: street Vacation and Protest Hearin!!
10:00 am and Resolution Ordering
Vacation: the North/South alley lying
between Lvnwood Dr. & Marshall Blvd. &
between Mountain Ave. & Sanchez Street
Dept: Public Works/Engineering
Date: June 12. 1991
Synopsis of Previous Council action:
12/17/90 --- Authorization to proceed was given. and Plan No. 8339 was approved.
05/08/91 Notice of Exemption filed. and a finding of consistency with the
General Plan was made.
06/03/91 --- Resolution of Intention No. 91-216 was adopted. which sets a
public hearing date of 07/01/91 for the proposed vacation of
that certain North/South alley lying between Lynwood Drive and
Marshall Boulevard and between Mountain Avenue and Sanchez Street
per attached Plan No. 8339.
ecommended 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 lying between Lynwood Drive and Marshall
Avenue and between Mountain Avenue and Sanchez Street. is no longer necessary
for street purposes. be adopted.
2. Adopt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
James F. Penman.. City Attorney
ntaet person:
Anne DeBolt
Phone:
5328
upporting data attached: Staff Reoort. Resolution. Man
Ward:
7
UNDING REQUIREMENTS:
Amount: Weies nn W.O. 1266
Source: (Acct. No.1
001-302-53157
Acct. Descri tion
Street Vacation
Finance:
uncil Notes:
-0262
Agenda Item No_
.21-
- (j
CIT'Y OF SAN BERNC:OINO - REQUEST FQCOUNCIL ACTION
STAFF REPORT
Staff received a request from Dr. Steve Brodie to vacate that certain North/South
alley lying between Lynwood Drive and Marshall Boulevard and between Mountain Avenue
and Sanchez Street. in an effort to eliminate the vandalism. dumping and other
unauthorized/illegal use of the alley; Authorization was given on 12/17/90. to
proceed with the proposed vacation and Plan No. 8339 was approved.
Utility companies and City departments were notified of the proposed vacation on
04/04/91. with a reply due by 05/03/91. No negative comments were received.
On 05/08/91, a Notice of Exemption was filed with the Clerk of the Board of
Supervisors for the proposed vacation. and a finding of consistency with the General
Plan was made.
On 06/03/91.
requested.
Resolution of
area proposed
were notified
Resolution of Intention No. 91-216 was adopted. No easements were
That resolution sets a public hearing date of 07/01/91. On 06/12/91. the
Intention was published in a local newspaper. notices were posted in the
for vacation, and all property owners adjacent to the proposed vacation
of said hearing.
There appears to be no further necessity for that certain North/South alley lying
between Lynwood Drive and Marshall Boulevard and between Mountain Avenue and Sanchez
Street. either for present or future street purposes. Staff recommends the vacation
on the basis of the following Findings of Fact:
1. The above portion of the street 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. Of 27 responses from 33 property owners. only one was negative. 26 responses
requested that the alley be vacated. The required $750.00 fee has been paid.
3. All concerned City Departments and utility Companies were notified of the proposal
and all have had the opportunity to respond. No easements were requested.
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.
0264
07/12/91
2
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
THAT CERTAIN NORTII/SOUTH ALLEY LYING BETWEEN LYNWOOD DRIVE AND MARSHALL
BOULEVARD AND BETWEEN MOUNTAIN AVENUE AND SANCHEZ STREET.
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, havin~ heard the evidence offered in relation to the proposed
vacation of that certain North/South alley lying between Lynwood Drive and
Marshall Boulevard and between Mountain Avenue and Sanchez Street, described
in City Resolution of Intention No. 91-216, hereby find from all of the
11 evidence submitted that such alley proposed to be vacated by said Resolu-
12 tion is unnecessary for present or prospective street purposes.
13 SECTION 2. The Mayor and Common Council of said City do hereby
14 vacate that certain North/South alley lying between Lynwood Drive and
15 Marshall Boulevard and between Mountain Avenue and Sanchez Street, San
16 Bernardino, California, more particularly described as follows:
17 The East 10 feet of the West 150 feet of Lot 4 of Block
20 of the Orange Grove Tract, as per plat thereof
18 recorded in Book 11 of Maps. Page 14, in the office of
the San Bernardino County Recorder.
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20 And is also described in said Resolution of Intention No. 91-216.
21 SECTION 3. The City Clerk of the City of San Bernardino shall
22 cause a certified copy of this resolution to be recorded in the office of
23 the County Recorder of the County of San Bernardino.
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Al..Lt.l
~A(;Al1UN: '.....')TH/SOUTH ALLEY LYING BETWEE~.. OOD DRIVE AND MARSHALL
C ^,ULEVARD. AND BETWEEN MOUNTA~.....JNUE AND SANCHEZ STREET
I HEREBY CERTIFY that the fore~oing 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
. 1991. by the following vote. to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
HAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
. 1991.
W. R. Holcomb. Mayor
22 City of SlID Bernardino
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24 Approved as to form
lIDd legal content:
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26 JlIIIes F. PellllllD.
City Attorney
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28 By:
/12/91 2