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File No. 15.30-252
- REQUQT FOR COUNCIL ACMON
~,...CICt OF'SAN BERNARDOo
From:
ROGER G. HARDGRAVE, Director
Subject:
Protest Hearing 10:00 am and
Resolution Ordering Vacation:
Vacation :Alley East of "I" St.,
South of Jefferson St.
Dept:
Public Works /Engineering
Date:
March 3D, 1988
Synopsis of Previous Council action:
10/05/87 Finding of need for health and safety reasons was adopted, Plan No.
7252 was approved, and the Negative Declaration was adopted.
03/21/88
The City Engineer and City Clerk were authorized to proceed and
Resolution of Intention No. 88-93 was adopted.
Recommended 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 located East of "I" Street, South of Jefferson
Street, be adopted.
2. Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
James Penman, City Attorney
Warren Knudsen
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Signature
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Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report, Resolution,Map
Ward:
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FUNDING REQUIREMENTS:
Amount: Wages on W.O. 01266
Source: (Acct. No,)
001-000-41787
(Acct. DescriPtion)
Vacation filing fees
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Finance: \ I. ,y~
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Council Notes:
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75-0262
Agenda Item No. ;t 0
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'~Clc:r OF. SAN BERNARoQO - REQU~T FOR COUNCIL AC~ON
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STAFF REPORT
The proposed vacation of that certain alley located East of "I" Street, South of
Jefferson Street, came from a property owner adjoining the alley relative to a
deve 1 opment.
On October 5, 1987, a finding of need for health and safety reasons was adopted, Plan
No. 7252 was approved, and the Negative Declaration was adopted.
All interested City department heads and utility companies were notified by mail of
the proposed vacation on May 14, 1987. A reservation of an easementment for sanitary
sewer and for public utilities was requested, and set forth in the Resolution of
Intention, which was adopted on March 21, 1988. That resolution also sets a pUblic
hearing date of April 18, 1988, relative to the proposed vacation.
On March 30, 1988, the Resolution of Intention was published in the local newspaper,
as required by law, and the notices were posted in the area proposed for vacation.
In the opinion of this Division, there is no further necessity for that certain
North/South alley located East of "I" Street, South of Jefferson Street, for present
or prospective alley purposes. Therefore, we recommend 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.
2. By virtue of the posting and publication of the proposal, neither thisoffice
nor the City Clerk's office has received any written protests against the
vacation as of this date.
3. All of the interested City Department Heads and Utility Companies were notified
of the proposal and all have given their respective consent. Reservations for
easement for sanitary sewer and for public utility purposes has been requested
and the same has been provided for in the Resolution of Intention.
4. The petitioner has paid the required deposit of $400.00
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 Vacatio~ Therefore, we have attached the Resolution Ordering
Vacation for your action.
3-30-88
75-0264
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03/30/88
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF
THAT CERTAIN NORTH/SOUTH ALLEY LOCATED EAST OF "I" STREET, SOUTH OF
JEFFERSON STREET IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT
FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND EASEMENT FOR PUBLIC
UTILITIES 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 located East of "I" Street, South
of Jefferson Street, more particularly described in City Resolution of
I ntenti on No. 88-93, hereby fi nd from all of the evi dence submi tted tha t
such alley proposed to be vacated by said Resolution is unnecessary for
present or prospective alley purposes.
SECTION 2. The Mayor and Common Council of said City do hereby
vacate that certain North/South alley located East of "I" Street, South of
Jefferson Street, San Bernardino, California, more particularly described as
follows:
That portion of the alley located East of "I" Street and
South of Jefferson Street, as delineated on the map of
Urbita, recorded in Book 3 of Maps, pages 54, records of
the County Recorder of San Berna rd i no Coun ty, S ta te of
California, described as follows:
Beginning at the most Southerly corner of Lot 13 of Block
10, of said Urbita, said point also being the east line
of "I" Street, 66 feet wide; thence Northeasterly, along
the Southeasterly lines of Lots 13, 14, 15 and 16 of said
Block 10, to the Northeast corner of said Lot 16; thence
East, along the prolongation of the North line of said
Lot 16, to the Northwesterly 1 i ne of Lot 4 of said Block
10; thence Southwesterly along the Northwesterly lines of
Lots 4, 5, 6, 7, 8, 9, 10 and II, to the East line of
said "I" Street; thence North, along the Northerly
prolongation of said East line, to the Point of Beginning.
And is also described in said Resolution No. 88-93.
SECTION 3. This Resolution shall reserve, and nothing herein
shall in any way affect or disturb each and every existing easement for
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sanitary sewer and appurtenant facil i ties and for public utility purposes
belonging either to the City of San Bernardino or to any pUblic utility and
there is further reserved for present and future general public utility
purposes and for this City an easement reasonably necessary to locate
sanitary sewer, public utility and appurtenant facilities over, in, under or
across the real property described hereinbefore along with the right to use,
i nsta 11, mai ntai n, repair, repl ace or renew such facil iti es those reserved
by Resolution of Intention No. 88-93.
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 Bernardi no.
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
, 1988, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Cl erk
The foregoing resolution is hereby approved this
day of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form and legal content:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
1 CITY OF SAN BERNARDINO )
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I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino, DO HEREBY CERTIFY, that the foregoing Resol ution No.
is a full, true and correct copy of that now on
ffle fn thfs office.
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6 day of
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IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of the City of San Bernardino, this
, 19_.
Cf ty Clerk