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-CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
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~rom: ROGER G. HARDGRAVE, Director
Dept: Publ ic Works/Engineering
Subject: street/Alley Vacation - Resolution
Ordering Vacation: a portion of the
North/South alley, East of Sierra
Way, between 42nd st. and 44th St.
Date: November 12. 1991
Synopsis of Previous Council action:
OS/20/91 --- Authorization to proceed was given, and Plan No. 8469 was approved.
09/19/91 Notice of Exemption filed, and a finding of consistency with the
General Plan was made.
09/12/91 Resolution of Intention No. 91-414 was adopted, which sets a
public hearing date of 11/04/91 for the proposed vacation of
that certain North/South alley, East of Sierra Way. between 42nd
Street and 44th Street. per attached Plan No. 8469.
11/04/91 Public Hearing closed. Resolution referred to Department of Public
Works for revision of legal description of property to be vacated.
Recommended motion:
Adopt Resolution.
()r d@X-
cc:
Shauna Clark, City Administrator
James Penman. City Attorney
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report. Resolution. Map
Ward:
4
FUNDING REQUIREMENTS:
Amount: N/A
'.
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes:
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Agenda Item No
s--a
75-0262
. CITY OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
staff received a request from Mr. Don Popovich, owner of Arrowhead Home, Inc., for the
vacation of a portion of that certain North/South alley, East of Sierra Way, between
42nd Street and 44th Street, in an effort to protect their residents from motor
traffic through the alley, cut down on illegal trash dumping, unauthorized persons
loitering, etc. The property owners along the alley all realize the problems and are
willing to help solve them as long as the ingress and egress to their property is not
affected.
Authorization was given on OS/20/91, to proceed wi~h the proposed vacation and Plan
No. 8469 was approved.
On 10/07/91, Resolution of Intention No. 91-414 was adopted setting a public hearing
date of 11/04/91.
The Public Hearing was closed 11/04/91, with the Department of Public Works being
directed to revise the legal description of the portion of the alley being vacated. .
The revised legal description has been made a part of the Resolution Ordering Vacation
as directed in the 11/04/91 Council Meeting. Therefore, we have attached said Reso-
lution Ordering Vacation for your action.
11/12/91
2
75-0264
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DIR TOR OF PUlL! kS ICITV ENGINEER
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DATE I ,5; OA. 91
AREA VA ATED SHOWN THUS ~
CITY OF SAN BERNARDINO
PU-.IC HORKS DEPARTMENT
EI'IQItEERINB DIVISION
REM. PROP'E.n I V SlECTION
STRIi&T / ALLEY VACRION I
POA..T/ON O~ NO~rH/.s'OUTN ,/fLU
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FILE NO.1 ISoS()-223 PLAN NO.1
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11/12/91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
THAT CERTAIN NORTH/SOUTH ALLEY. EAST OF SIERRA WAY. BETWEEN 42ND STREET AND
44TH STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR SANI-
TARY SEWER, DRAINAGE AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS
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
Bernardino. having heard the evidence offered in relation to the proposed
vacation of that certain North/South alley. East of Sierra Way. between
42nd Street and 44th Street. more particularly described in City Resolution
of Intention No. 91-414. 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 a portion of that certain North/South alley. East of Sierra Way.
between 42nd Street and 44th Street. San Bernardino.
California. more
particularly described as follows:
That portion of the Northeast one-quarter of the South-
west one-quarter of the Southeast one-quarter of Section
15. Township 1 North, Range 4 West. San Bernardino Base
and Meridian. if said section lines were extended across
the Rancho Muscupiabe, as per plat thereof recorded in
Book 7 of Maps, 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
of the Southwest one-quarter of the Southeast one-quarter
of Section 15; thence South and parallel with said West
line. a distance of 306 feet, more or less, to the North
line of the South one-half of the Northeast one-quarter
of the Southwest one-quarter of the Southeast one-quarter
of said Section 15; thence East at right angles to said
West line. a distance of 20 feet; thence North anP
parallel with said West line. a distance of 306 feet.
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11/12/91
J:.Y
1 l:~ Vi ""..a\1 t1/'::'UL ill ALLt.
42ND ST. AND 44TH ST.
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::iH,J{l{A WAr. BETWEEN
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more or less. to the South line of 44th Street. as con-
veyed 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 prolong-
ation of said South line of 44th Street. a distance of 20
feet. to the Point of Beginning.
And is also described in said Resolution of Intention No. 91-414.
SECTION 3. Nothing in this Resolution shall in any way affect or
disturb any existing easements for sanitary sewer. drainage and appurtenant
facilities or any easement for public u~ility 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. easements reasonably
necessary to locate such sanitary sewer. drainage and appurtenant facilities
over. under. in. 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
communication structures and electrical transmission structures. respective-
ly. as the companies may form to time require, consisting of poles, anchors,
wires, cables. conduits. manholes, markers and necessary fixtures or
appurtenances.
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 Recorder of the County of San Bernardino.
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11/12/91
ALLEY VACATION: PORTION OF NORTH/SOUTH ALLEY EAST OF SIERRA WAY, BETWEEN
o 42ND ST. AND 44TH ST. ::)
I HEREBY CERTIFY that the foregoing 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
by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
HAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
1991,
ABSENT
The foregoing resolution is hereby approved this _______ day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
Ci ty Attorney
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