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CI~Y OF SAN BERNARDINO ~ REc;tU~ST' FOR2COUNCIL a;;~
ROGER G. HARDGRAVE, Oirector
From: . . REC'D.-ADMfM~j!llF.
PUblic Works/Englneerlng
1986 MAR -6 PM 3: 48
Street Vaca tion: Protest
Hearing 9:00 a.m. and Resolution
Ordering Vacation: Alley South
of 40th, West of Sierra Way
Dept:
March 4, 1986
Date:
Synopsis of Previous Council action:
02/17/86 -- Your Honorable Body adopted Resolution of Intention No. 86-
48 which sets a public hearing date of March 17, 1986, for
the proposed vacation of a portion of an alley located
South of 40th Street and West of Sierra Way, per attached
Plan No. 6869.
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 a portion of an alley located South
of 40th Street and West of Sierra Way is no longer necessary for
alley purposes, be adopted.
and
2. That the Resolution be adopted.
cc: Ray Schweitzer, Acting City Administrator ~ ~~
Signature
Contact person:
Verne Nadeau
Phone:~
5026
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Supporting data attached: --'i~_
Ward:
FUNDING REQUIREMENTS:
Amount: Wages on W.O. 1266 Source:
----OOT~-OOO-~c1787
Vacation Filing Fees
Gener,alJund
Finance:
AlA-
C; L./{.-
Council Notes:
75-0262
Agenda Item No, //'
CIV OF SAN BERNARD' 10 - REQUr IT FOR COUNCIL AC JON
STAFF REPORT
Upon receIvIng a request from 100% of the adjoining owners to vacate a
portion of an alley located South of 40th Street and West of Sierra Way,
and after notification of all interested City Department Heads and
Utility Companies, your Honorable Body approved the attached Plan No.
6869 and authori zed thi s office to proceed on February 17, 1986.
On the same date, the Resolution of Intention, which contains a
reservation of an easement for sewer facilities, was approved. As
required by law, the portion proposed for vacation was posted by this
office on February 24, 1986, and the Resolution was published on the
same date.
In the opinion of this Division. there is no further necessity for a
portion of an alley located South of 40th Street and West of Sierra Way,
ei ther for present or prospective 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 Publ ic Works to be of no further
necessity to the general public.
a) Traffic flow in the area does not warrant this portion of the
alley as access is gained from the West section which will
remai n open.
b) The Master Plan does not provide for through traffic on this
alley, therefore, this proceeding will not affect or interfere
wi th the Master Plan.
2. 100% of the adjoining property owners have requested the
proceedings and the required $400.00 fee has been paid.
a) By virtue of the posting and pUblication of the proposal,
neither this office, 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. A reservation of a sewer easement was requested, however,
and same has been provided for in the Resolution of Intention.
a) The fact that a sewer easement has been reserved in a portion
of the area to be vacated does not indicate the necessity for
general publ ic use of the area in question.
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.
2
75-0264
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RESOLUTION NO.
1
A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A
2 PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED SOUTH OF
FORTIETH STREET AND WEST OF SIERRA WAY, IN THE CITY OF SAN
3 BE R N A R 0 I NO; AND RES E R V IN GAS EWE REA S EM E NT 0 VE RAP 0 R T ION
THEREOF.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLDWS:
6 SECTION 1: The Mayor and Common Council of the City of
7 San Bernardino, having heard the evidence offered in relation
8 to the proposed vacation of a portion of that certain East/West
9 alley located South of Fortieth Street and West of Sierra Way,
10 more particularly described in City Resolution of Intention No.
11 86-48, hereby find from all of the evidence submitted that such
12 alley, proposed to be vacated by said Resolution, is
13 unnecessary for present or prospecti ve street purposes.
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SECTION 2. The Mayor and Common Council of said City do
15 hereby vacate a portion of that certain East/West alley located
16 South of Fortieth Street and West of Sierra Way, San
17 Bernardino, California, more particularly described as follows:
18 That portion of that certain East/West alley
lying South of 40th Street and West of Sierra
19 Way as delineated on the Map of Tract No.
19'48, as per pl at thereof recorded in Book 28
20 0 f Map s, p age 5 0, r e cor d s 0 f the C 0 u n t y
Recorder of San Bernardino County, State of
21 Cal ifornia, described as follows:
22 Beginning at the Northeast corner of Lot 36 of
said Tract No. 1948; thence \~est along the
23 North line thereof, a distance of 117.06 feet;
thence North and parallel with the East line
24 of sai d Lot 36, a di stance of 20.0D feet to
the South line of Lot 3 of said Tract No.
25 1948; thence East along the South 1 ine of Lots
3. 2 and 1 of said Tract No. 1948 to the
26 Sou the a s t cor n e r 0 f sa i d Lot 1; the n c e Sou t h
to the Point of Beginning.
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And is al so described in said Resolution No. 86-48.
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SECTION 3. Nothing in this Resolution shall in any way
affect or disturb any existing easements for sanitary sewer and
appurtenant facilities belonging to the City of San Bernardino
and there is hereby reserved for this City an easement
reasonably necessary to locate such sanitary sewer over, in,
under and across the West 20.00 feet of the real property
hereinabove described and to use, maintain, repair, replace or
renew such faci 1 i ties and those reserved by Resol ution of
Intention No. 86-48.
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.
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
, 1 g 8 6 , by the f 0 11 ow i n g
vote, to - wit:
AYES:
Council Members
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NA YS:
ABSENT:
C i ty C 1 e r k
The foregoing resolution is hereby approved this
da y 0 f
, 1986.
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Approved as to form:
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Mayor of the Ci ty of San Bernardi no