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CI9t OF SAN BERNARDQO - REQUOJ; 'oj.3~8UNCIL ~ON
FrCNn: ROGER G. HARDGRAVE. Director
Subject:
Protest Hearing 10:00 am and
Resolution Ordering Vacation:
Vacation :Alley south of 10th St.
East of "H" St.
Dept:
Public Works /Engineering
March 30. 1988
Date:
Synopsis of Previous Council action:
09/22/87 --- City Engineer and City Clerk were authorized to proceed with the
proposed vacation. Finding of need for health and safety reasons
was adopted and Plan No. 7339 was approved.
02/01/88
Negative Declaration was adopted.
03/22/88 --- Resolution of Intention No. 88-91 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 East/WEst alley located south of 10th Street. East of "H" Street
be adop ted .
2. Adopt Resolution.
cc: Ra~ond Schweitzer, City Administrator
~es Penman. City Attorney
Warren Knudsen
Signature
Contact person: Les Fogassy
Phone:
5334
FUNDING REQUIREMENTS:
Staff Report. Resolution.Map
Amount: Waqes on W.O. 01266
Ward:
1
Supporting data IttIChecl:
Source: (Acct. No.1
001-000-41787
(Acct. Descriotionl
Vacation filinq fees
Finance:
Council Notes:
75-0262
Agenda Item No.-2. J
CIO OF SAN BERNARDgO - REQUaOT FOR COUNCIL ACQON
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STAFF REPORT
The proposed vacation of that certain alley located south of 10th Street, East of "H"
Street came from a property owner adjoining the alley to the south. This request
represents 331 of the property owners adjoining this alley.
On September 22, 1987, a finding of need for health and safety reasons was adopted and
the City Engineer and City Clerk were authorized to proceed. On that same date, Plan
No. 7339 was approved.
The Negative Declaration was approved on February I, 1988. All interested City
department heads and utility companies were notified by mail of the proposed vacation
on December 11, 1987. No reservations for easements were requested. On March 21,
1988, the Resolution of Intention was adopted. That Resolution also set 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
East/West alley located South of 10th Street, East of "H" 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. No easements were
requested, and none have been reserved.
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 Resolution Ordering
Vacation for your action.
3-30-88
75-0264
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9TH STREE T
CITY OF SAN BERNARDINO
PUa.IC HORKS DePARTMENT
ENGDEERING DIVISION
REAL PRDfleRTY seCTION
DIR CTOR OF PUBLIC W RKS /
P".p.".d b~1 L. FOGASSY
Ch.clc.d b!j I V.N~t*..,
DATE: OQ-Z1- 87
AREA VACATED SHOWN THUS ~
Sh..t
1 of 1
STREET / ALLEY VACATION I
E/ljT/W6I.T AlLllV ~OI.JTH OF
IOU S1REET, FAST 6F "H" S1K&ET
FILE NO.1 /5,aO.1S7
PL.AN NO.1 73~'
3/30/38
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3/30/88
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN 8ERNARDINO ORDERING THE VACATION
OF THAT CERTAIN EAST WEST ALLEY LOCATED SOUTH OF 10TH STREET, EAST OF "H"
STREET IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Counci lof the City of San
Bernardino, having heard the evidence offered in rellition to the proposed
vacation of that certain East/West alley located South of 10th Street, East
of "H" Street and described in City Resolution of Intention No. 88-91,
hereby find' from all of the evidence submitted that 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 cei'tain East/West alley located South of 10th Street, East of
"H" Street, San Bernardino, California, more particularly described as follows
That certain East/West alley, as delineated on the map of
Fussell Subdivision as per map recorded in Book 3 of
Maps, page 42, records of the County Recorder of San
Bernardino County, State of California, described as
follows:
Beginning at the Southwest corner of Lot 26 of said
Fussell Subdivision, said point also being the East line
of "H" Street, 82.50 feet wide; thence East along the
South lines of Lots 26, 25, 24, and 23 of said Fussell
Subdivision, to the Southeast corner of said Lot 23;
thence South, along the Southerly prolongation of the
East line of said Lot 23, to the Northeast Corner of Lot
27 of said Fussell Subdivision; thence West, along the
North 11 ne of said Lot 27, to the Northwes t corner of
thereof, sa i d poi nt also bei ng the East 1 i ne of sa i d "H"
Street; thence North, along the Northerly prolongation of
sa i d East 1 i ne, to the Poi nt of Begi nni ng.
And is also described in said Resolution No. 88-91.
SECTION 3. 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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RESOLUTION: VAC~NG THAT CERTA~EAST WEST ALLEY LOCATED C)
SOUTH OF 10TH ST~, EAST OF "H'-l;TREET IN THE CITY OF SAN
BERNARDINO.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
in1J1nJao
meeti ng thereof hel d on the
. 1988. by the fo 11 owi ng vote. to-wit:
AYES: Council Members
day of
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NAYS:
ABSENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
. 1988.
day of
Evlyn Wilcox. Mayor
City of San Bernardino
Approved as to form and legal content:
I) 1 ~L
~ttorneY
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