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Home My WebLink About25-Public Works tJ!W. - jJU - , CI'tY OF SAN BERNARiQlO - REQUEST FOR O:>>UNCIL ACTION From: ROGER G. HARDGRAVE. Director Subject: Resolution of Intention: Vacation of a North/South alley between 42nd st. and 44th st.. East of Sierra Way Dept: Public WorksjEngineering Date: September 12. 1991 Synopsis of Previous Council action: 05-20-91 -- Authorization to proceed was given. and Plan No. 8469 was approved. 07-12-91 -- Notice of Exemption prepared and a finding of consistency with the General Plan was IIllde. Recommended motion: Adopt Resolution cc: Shauna Clark. City Administrator Andrew Green. Director of Finance JaJlles PeJlllan. City Attorney Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report. Resolution. Plan Ward: 4 FUNDING REQUIREMENTS: Amount: Wa~es on W.O. 1266 Source: (Acct. No.! 001-302-53157 (Acct. Descriotionl Vacation filing fees ~ Finance: vj7~ Council Notes: 75-0262 1 Agenda Item No :< 5" - .L JIl. CITY OF SAN BERNAR.Q.O - REQUEST FOR OoUNCIL ACTION STAFF REPORT On April 17. 1991. a request to vacate a portion of said alley was received by Real Property Staff. 1'Ir. Don Popovich. owner of Arrowhead BOlle. Inc.. requested that the City vacate that portion which bisects his two properties (see attached plan) . 1'Ir. Popovich is trying to protect the convalescent hOlle's aJlbulatory residents froll motor traffic through the alley. cut down on illegal trash dumping. unauthorized persons loitering, etc. The property owners along the alley all realize the problem and are willing to help solve it as long as it doesn't affect ingress and egress to their properties. If the entire alley is vacated each property owner could fence or not fence. according to individual needs. On 05-20-91. authorization was given to proceed with the proposed vacation. and Plan No. 8469 was approved. All of the interested City Departments and utility Co~ies were notified of the proposal on 06-26-91, with a reply due by 07-26-91. The responses are attached for your information. The Fire departllent requests that when the alley is vacated that an approved fire gate be placed at the South entrance of which- ever portion of the alley vacated. An easellent for sanitary sewer and appurtenant facilities was reserved. along with a request for reservation of easements for public utility purposes, which will have to be reserved. as set forth in the attached Resolution of Intention. On 07-12-91. a Notice of Exemption was prepared and a finding of consistency with the General Plan was made. The remaining fee of $375.00 has been paid and it is reco_ended that favorable consideration be given to the requested vacation. The Resolution of Intention. which sets a protest date of 11-04-91 has been attached for your action also. Upon the approval of said Resolution, all adjacent property owners will be notified by mail of the hearing date. 9-12-91 '7",_n.,,;,4 '.;l!.-- .. . o o City Department and utility Company responses relative to the proposed vacation of the North/South alley between 42nd Street and 44th Street. East of Sierra Way. CITY DEPARTMENTS OBJECT DO NOT OBJECT COMMENTS BUILDING & SAFETY X ECONOMIC DEVELOPMENT NO RESPONSE ENGINEERING X CREATES 2 DEAD END ALLEYS FACILITIES HNGHNT X FIRE X ASKED FOR APPROVED GATES PARK & RECREATION X PLANNING X POLICE NO RESPONSE PUB. SERVICES. REF. X WANTS ENTIRE ALLEY CLOSED PUB. SERVICES. STS. NO RESPONSE RISK MANAGEMENT X TRAFFIC ENGINEERING X TRAFFIC CIRCULATION UTILITY COMPANIES RESERVE EASEMENTS: COMMENTS YES NO AT & T X CHAMBERS CABLE TV X CITY WATER DEFT X COMCAST CABLEVISION NO RESPONSE CONTINENTAL TELEPHONE NO RESPONSE EAST VALLEY WATER X GENERAL TELEPHONE X METROPOLITAN WATER NO RESPONSE PACIFIC BELL TELEPHONE X SAN BNDO VALLEY HUNI WATER DIST X SAN GABRIEL VALLEY HUNI WATER DIST X SOUTHERN CALIF EDISON X SOUTHERN CALIF GAS X SOUTH SAN BNDO COUNTY WATER X nn_1 ")_01 1 !!4'.,~f.,o_.q . . W"" .1. - o ( ~ I + 44 TH- --STREET "", .. .... .. ... WI 41.'Z~' 41.~!/ ,00' ~~. ~ ~ v'~, ~~~ ~' fO~' -<.. ~. ~ J: OR.J&lNAL, 12EQUEsr ~Q ~G STAFF ~ REC. - iY ""~ ~,~ '\ \ ~.::s ~Cj ~ 4 a:: a:: LlJ - U) I SCALE 1"=100' "L'E.# 041,"5' ": 42 ND---STREET + I "0 '" ---, CITY OF SAN BERNARDINO PUllUC WORKS DEPARTMENT ENGINEERING DIVlSII>>I REAL PROfI_n I V .-. , 11>>1 Sh..t 1. of 1 STREET I ALLEV YACm'11>>I I POll:"/ Dill O~ N DJe.rH / Sour/( ,lfLU 8E:TztJEEN J/-:lN~ S'TIf!.4!6r A,v/:l ~'i",sr~":, EAsr ~ SIE.e.e4 uA //I~'lX XI/I'!;;//I FILE NO.1 1S.!JD-223 ItLIl\" "0.1 8 .. u, 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 ,..,.. ~.. '" In1 -. U IL o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE NORTH/SOUTH ALLEY BETWEEN 42ND STREET AND 44TH STREET. EAST OF SIERRA WAY. AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND EASEMENTS FOR PUBLIC UTILITIES THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Hayor and Co.on Council of the City of San Bernardino hereby declares its intention to order the vacation of the North/ South alley between 42nd Street and 44th Street. East of Sierra Way. de- scribed as follows: That portion of the Northeast one-quarter (1/4) of the Southwest one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 15. Township 1 North. Range 4 West. San Bernardino Base and Heridian. if said section lines were extended across the Rancho Huscupiabe. as per plat there- of recorded in Book 7 of Haps. Page 23. in the office of the County Recorder of said County. described as follows: Beginning at a point on the South line of 44th Street. as conveyed to the City of San Bernardino by deed recorded July 20. 1937. in Book 1217. Page 263. Official Records of said County. said point being a distance of 167.75 feet East of the West line of said Northeast one-quarter (1/4) of said Southwest one-quarter (1/4) of said South- east one-quarter (1/4) of Section 15; thence South and parallel with said West line. a distance of 610 feet. more or less. to a point on the North line of 42nd Street. as conveyed to the City of San Bernardino by deed recorded July 16. 1937. in Book 1221. Page 61. Official Records of said County; thence East along the Easterly prolongation of said North line of 42nd Street. a dis- tance of 20 feet; thence North and parallel with said West line. a distance of 610 feet. more or less. to the South line of 44th Street. as conveyed to the City of San Bernardino by deed recorded June 18. 1979, in Book 9709, Page, 1729, Official Records of said County; thence West along the Westerly prolongation of said South line of 44th Street. a distance of 20 feet. to the Point of Beginning. SECTION 2. That the Hayor and Common Council of the City of San Bernardino. in vacating the above described alley. elects to proceed under and in accordance with the provisions of the "Public Streets, Highways and Services Vacation Law". being Division 9. Part 3. of the Streets and High- ways Code of the State of California. 1 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 no 11 ., 101 .lh ALLEY VACATION: L NO~~~ ALLEY BETWEEN 42ND STREEOT AND 44TH STREET, OF~ WAY 1...., EAST SECTION 3. That the hour of 10:00 A.K. on the 4th day of November, 1991, in the Council Chamber of the City Hall, San Bernardino, California, 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 be- fore said Kayor and COllllon Council and offer evidence in relation thereto. For further particulars as to the proposed vacation of the hereinbefore described portion of said streets, reference is made to that map marked "Plan No. 8469" approved Kay 20, 1991, on file in the office of the City 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 or any easement for public utility purposes belonging either to the City of San Bernardino or to any public utility and there is hereby specifically reserved for the City of San Bernardino, an easeaent reasonably necessary to locate such sanitary sewer and appurtenant facilities, over, in, under or across the real property hereinabove described and to use, maintain, repair, replace or renew such facilities. There are also specifically reserved for Pacific Bell Telephone, Chambers Cable of Southern California, and Southern California Edison, easements over the entire area vacated, to construct, place, operate, inspect, maintain, repair, replace or remove such aerial and underground telephone, telegraph television and COllllunication structures and electrical transmission structures, respectively, as the companies may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures or appurtenances. SECTION 5. That the City Engineer of the City 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. 2 <<," < ALLEY VACATION: NO~SOUTIl ALLEY BETWEEN E~F SIERRA WAY 42ND STREET AND 44TH STREET o 1 SECTION 6. That the City Clerk shall certify to the adoption of 2 this Resolution of Intention and shall cause the same to be published once a 3 week for two successive weeks in The Sun. a newspaper published and 4 circulated in the City of San Bernardino, prior to the date of the above 5 public hearing. 6 I I 7 I I 8 I I 9 I I 10 I I 11 I I 12 I I 13 I I 14 II 15 I I 16 I I 17 I I 18 I I 19 I I 20 I I 21 I I 22 I I 23 I I 24 I I 25 I I 26 I I 27 I I 28 I I nO/1?J01 3 nQ/12/Ql ., ALLEY VACATION: N?~SOUTH ALLEY BETWEEN 42ND STREET AND 44TH STREET E^VF SIERRA WAY 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Co_on Council of the City of San Bernardino at a on the day of lIeeting thereof held , 1991. by the following vote. to-wit: ABSTAIN ABSENT NAYS AYES COUNCIL MEMBERS: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Rachel Krasney. City Clerk The foregoing resolution is hereby approved this day , 1991. 20 21 22 23 24 25 26 27 28 W. R. Ho1cOllb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman. City Attorney ~.~ 4