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File No. 15.30-241
- RI!QUI!ST FOR COUNCIL CTI N
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CITY OF SAN BERNARDINO
ROGER G. HARDGRAVE, Director Alley Vacation Protest
From: ,..~'D _&DMSubjl.d~,Hearing 9:00 a.m., and Resolution
Public Works/Engineering .-'-'... :IN.llfr. Ordering Alley Vacation:
Dept: "'1 "nR 12 ::lV 2' lSAlley South of 4th Street, East
March 2, 1987 ,~"' r, rn. of Allen Street
Date:
Synopsis of Previous Council action:
02/16/87 -- Your Honorable Body adopted Resolution of Intention No. 87-
40 which sets a public hearing date of March 23, 1987, for
the proposed vacati~n of that certain East/West alley South
of 4th Street, East of Allen Street, per attached Plan No.
7075.
Recommended moti.on:
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 East/West alley South of
4th Street, East of Allen Street, is no longer necessary for alley
purposes, be adopted.
and
2. Adopt Resolution
Ray Schweitzer, City Administrator ~ ~~ Af/
Warren Knudson, Director of Finanr~ >c7 -~~
S;g"~"
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Contect person:
I au Ii ttl (I
Phona:
5323
Supporting date ettachad: Y ~ ,;
Ward:
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Amount:Wa'le, Oll ',1.[1 1?66Sourca: 1;1,.-'1')'1..,;;7,;;' 'h:.:.'1;"::
'II Finance: tJ#I! <<..,.L
FUNDING REQUIREMENTS:
Council Notes:
75-0262
Agenda Item No h
CI,o OF SAN BERNARDIe>> - REQUEO' FOR COUNCIL AC'O)N
STAFF REPORT
Upon receiving II request from 66% of the adjoining owners to vacate that
certain East/West alley South of 4th Street, East of Allen Street, and
after notification of all interested City Department Heads and Utility
Companies, your Honorllb1e Body approved the attached Plan No. 7075 and
authorized this office to proceed on February 16, 1987.
On the same date the Resolution of Intention was approved. .As required
by law, the portion proposed for vaclltion was Josted by this office on
February 25, 19B7, and the Resolution was published on the same date.
In the opinion of this Division, there is no further necessity for that
certain East/West alley South of 4th Street, East of Allen Street,
ei the I" for present or prospecti ve street purposes. Therefore, we
recommend the vacation on the basis of the following Findings of Fact:
1. The above portion of the alley has been determined by the Planning
Department and the Department of Public Works to be of no further
necessity to the general public.
a) There is an existing block wall and carports on the alley, and
alley is no longer being used as lIn alley.
2. 66% of the adjoining property owners have requested the proceedings
and the required $400.00 fee has been paid. The remaining 33% of
the owners consti tutes one owner, namely Charles L. and Marie Pine,
who have conveyed their interest in the sUbject alley to the
Petitioner.
a) By virtue of the posting and publication of the. proposal,
neither this office nor the City Clerk's Office hilS received any
written protests against the vacation liS of this date.
3. All of the interested City Department Heads and Utility Companies
wer~ notified of the proposal and all have given their respective
consent.
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. Therefore, we have attached
the said Resolution Ordering the vacation for your action.
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75-0264
3/2/87
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RESOLUTION NO.
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2 A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT
CERTAIN EAST/WEST ALLEY, SOUTH OF 4TH STREET, EAST OF ALLEN
3 STREET, IN THE CITY OF SAN BERNARDINO.
4 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 vacation of that certain East/West 1I11ey South of 4th
Street, East of Allen Street, more particularly described in
City Resolution of Intention No. 87-40, hereby find from all of
the evidence submitted that such alley proposed to be vacated
by said Resolution are unnecessary for present or prospective
street purposes.
SECTION 2. The Mayor and Common Council of said City do
hereby vacllte that certain East/West alley South of 4th Street,
East of Allen Street, San Bernardino, California, more
particularly described as follows:
That portion of that certain East/West alley
adjoining Lots 1, 2, 3, 4, 5 and 6, Block "CO,
Wozencraft Place Tract, as per map recorded in Book 5
of Maps, page 47, records of the County Recorder of
San Bernardino County, State of California, described
as follows:
Beginning at a point on the South line of said Lot 1,
said point being distant 2 feet East of the West line
of said Lot 1; thence East along the South lines of
sllid Lots 1, 2, 3, 4, 5 and 6 to the Southeast corner
of said Lot 6; thence South along the Southerly pro-
longation of the East line of said Lot 6, a distance
of 10 feet to the North line of Parcel 2 of Parcel
Map 7140 as per map recorded in Book 40 of parcel
Maps, pages 1 and 2, records of said County; thence
West along said North line to the Northwest corner of
said Parcel 2; thence North along the Northerly pro-
longation of the West line of said Parcel 2, to the
Point of Beginning.
312/87
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And is 11150 described in sllid Resolution No. 87-40.
SECTION 3. There are no reservations for any easements.
SECTION 4. The Ci ty Clerk of the Ci ty of San Bernardi no
shall cause a certified copy of this Resolution to be recorded
in the office of the County Recorder of the County of San
Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a meeting thereof held on the
day of , 1987, by the following
vote, to-wi t:
AYES: Council Members
NAYS:
ABSENT:
Ci ty Clerk
The foregoing resolution is hereby lIpproved this
day of , 1987.
MlIyor of the City of San Bernardino
Approved as to form:
Ci ty Attorney
3/2187
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