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~ITY OF SAN BEFtriARDINO ~.~ MEMORANDUIVI'
COUNCILMAN JACK STRICKLER
To Chairman, Legislative Review Committee
ROGER G. HARDGRAVE, Dir. of
From Public Works/City Engineer
Dale December 10, 1986
File No. 15.30-242
Subject Chronology of Events - Requested Vacation of
an Alley, Southwest Cor. of Mill Street & "H" St.
Approved
Dale
Listed below are the key events in connection with this requested vacation:
07-11-86 Letter received from Raymond Patscheck requesting vacation of
alley.
08-18-86 Authorization granted by Mayor and Council for City Engineer &
City Clerk to proceed.
09-03-86 First half of $400 fee received.
09-05-86 Notice of requested vacation mailed to utility companies and
affected City Departments.
09-17-86 Reply received from RDA noting concern about reservation of this
paved alley for future re-alignment of freeway off-ramp.
10-07-86 Planning Commission recommended approval of vacation.
10-10-86 Letter received from Raymond Patscheck requesting that we proceed
with the vacation and stating that Caltrans had indicated to him
that they had no interest in how the parcel was developed.
10-17-85 -- Letter received from Caltrans stating that any development allowed
on this parcel may diminish future possibilities of re-aligning
this ramp.
11-03-86 Plan No. 7077, of requested vacation, approved and Resolution
No. 86-450 declaring the City's intention to vacate alley, adopted.
12-08-85 -- Resolution ordering vacation referred to Legislative Review Com-
mittee.
RGH:rs
cc: Mayor Evlyn Wilcox
Ray Schweitzer
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-~,.<..."OF SAN BERNARDIU - REQU~ "FOR ~COUNCIL AE"rlcfN
From:
ROGER G, HARDGRAVE, Oirector
Public Works/Engineering
Nove.ber 14, 1986
Street Vacation Protest
~.-Me'f.1nll~':30 a,m., and Resolution
~raet1Kg ~acation: Alley South
1988 NDV t'""~i~e~freet, West of
0..-,:
DIu:
Synopsis of Previous CouneillCtion:
11/03/86 -- Your Honorable Body adopted Resolution of Intention No. 86-
450 which sets a pUblic hearing date of December 8, 1986,
for the proposed vacation of the alley South of Mill
Street, West of "H" Street, per attached Plan No. 7077.
Recommended motion:
1.
That the hearing be closed and the Findings of
the Staff Report from Roger G, Hardgrave.
Works/City Engineer as to why the alley South
of "H" Street. is no longer necessary for
adopted.
Fact, as set forth in
Di rector of Public
of Mill Street, West
all ey purposes, be
and
2. Adopt Resolution
cc:
Ray SChweitzer. Acting City
Warren Knudson, Director of
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nature
Contact penon:
LOll Ifttll!
Phone:
5328
3
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
OQI-000-4 )7R7
Amount: Wages on W.O. 1266 Source: Vacation FilinQ Fees
Finance: t J.. , /!' .A..
r "neil Notl!l:
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CIT~ SAN BERNARDIN..# -
REQUEI.,' FOR COUNCIL ACT..JN
STAFF REPORT
Upon receiving a request from 100S of the adjoining owners to vacate the
alley South of Mill Street, West of "H" Street, and after notification
of all interested City Department Heads and Utility Companies, your
Honorable Body approved the attached Plan No. 7077 and authorized this
office to proceed on November 3, 1986.
On the same date the Resolution of Intention, which contains a reserva-
tion of a Sewer Easement, was approved. As required by law, the portion
proposed for vacation was posted by this office on Nov,ember 12,1986,
and the Resolution was published on the same date.
In the opinion of this Division, there is no further necessity for the
alley South of Mill Street, West of "H" Street, 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 alley has been determined by the Planning Department and
the Public Works Department to be of no further necessity to the
general public.
a) The alley in question lies within the Central City South
Redevelopment project area, which is slated for development of
a light industrial area. The General Plan designates the
area as General Industrial, All existing parcels continue to
have access and frontage on dedicated streets. Vacation of
the alley lends to the ability of future combination of the
parcels for possible redevelopment.
b) The continuation of the subject alley West of the freeway was
previously vacated,
2. 100S of the adjoining owners have requested the proceedings, and
the required $400.00 fee has been paid,
a) By virtue of the posting and publication of the proposal,
neither this office nor the City Clerk's office has received
any written protests against the vacation as of this date,
3. All the interested City Department Heads and Utility Companies were
notified of the proposal, and all have given their respective
consent, A reservation of a sewer easement was requested, however,
and same has bee~ provided for in the Resolution of Intention.
a) The fact that a Sewer Easement has been reserved in a portion
of the area to be vacated does not indicate the necessity for
general public use of the area in question,
4. See attached letter from Caltrans,
2
11-14-86
71.02..
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'CI~ SAN BI!RNARDIL - RI!QUI!L..' FOR COUNCIL ACT.4N
STAFF REPORT
No special requirements have been placed upon the proponents relative to
the proceedings which would require an inspection of the area prior to
the adopti on of the Resol uti on Ordering, Therefore, we have attached
the said Resolution Ordering the vacation for your action.
11-24-86
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STATI Of CAllfCIINIA....-u51NU$ ANO TUNPOWrATION AGENCY
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0IClI0t DlUICMEJIAN. 0.--
DEPARTMENT OF TRANSPORTATION
'S1IlCT .. ,,0. lOll 231
oN ~. CMIPOllNIA 92<<12
(114) 383-4031
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October 11, 1986
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Mr. Roger Hargrave
Director of Public Works
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Hargrave:
It has been brought to the attention of Caltrans that a developer
request has been made to vacate an alley right-of-way south of
Mill Street and west of "A" Street.
As you know, the City'S Redevelopment Agency project called
Central City South contemplates improvements at the Mill Street
Interchange on the east side. Any improvements allowed in the
vicinity of the existing hook off-ramp may diminish future
possibilities of providing these improvements.
Thank you for allowing us to comment on the request to vacate the
alley right-of-way.
~.
~ -
S. LISIEWICZ
Deputy District Director
Planning and Operations
11-24-86
RESOLUTION NO.
1
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT
CERTAIN EAST/WEST ALLEY SOUTH OF MILL STREET, WEST OF "H"
3 STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING A SEWER
EASEMENT THEREIN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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 that certain East/West alley South
9 of Mill Street, West of "H" Street, more particularly described
10 in City Resolution of Intention No. 86-450, hereby find froll
11 all of the evidence submitted that such alley proposed to be
12 vacated by said Resolution are unnecessary for present or
13 prospective street purposes.
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SECTION 2. The Mayor and Common Council of said City do
hereby vaca te that cer ta in Ea st/We st a lley South of Mill
Street, West of "H" Street, San Bernardino, California, more
particularly described as follows:
That portion of that certain East/West alley
lying South of Mill Street and West of "H"
Street (formerly Harold Avenue) in Block 1, as
delineated on the Map of Urbita Subdivision. as
per plat recorded in Book 3 of Maps, page 54, as
follows:
Beginning at the Southeast corner of Lot 1 of
said Block 1; thence West along the South lines
of Lots 1. 2 and 3 to the East line of Inter-
state Highway 215; thence South along the East
line of said Interstate Highway 215 to the North
line of Lot IB of uid Block 1; thence East
along the North lines of Lots 18. 19 and 20 to
the Northeast corner of Lot 20 of said Block 1;
thence North along the Northerly prolongation of
the East line of said Lot 20. to the point of
beginning,
And is also described in said Resolution No. 86-450.
11-14-86
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SECTION 3, This Resolutfon shall reserve, and nothfng
herein shall in any way affect or disturb each and every
exfsting easement for sanitary sewer and appurtenant facilities
belonging to the Cfty of San Bernardino, and there is further
reserved for present and future use, for this City, an easement
reasonably necessary to locate unftary sewer and appurtenant
facilftfes over, in, under or across the real property
described herefnbefore along with the right to use, install,
maintain, repair, replace or renew such facflitfes and those
reserved by Resolution of Intention No. 86-450.
SECTION 4. The City Clerk of the City of San Bernardfno
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 City of San
Bernardino at a meeting thereof held on the
day 0 f , 1986 , by the f 0 11 ow i n g
vote, to-wi t:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
11-14-86
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The foregoing re~olution 1s hereby approved this
day of , 1986.
Mayor of the City of San Bernard f no
Approved as to form:
Cf ty Attorney
11-14-86
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RESOLUTION NO. )~t-~~
A RESOLUTION OF THE CITY OF SAN BERNAROINO DECLARING
ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT
CERTAIN EAST/WEST ALLEY SOUTH OF MILL STREET, WEST OF "H"
STREET, AND RESERV ING AN EASEMENT FOR SAN ITARY SE WER AND
APPURTENANT FACILITIES.
BE IT RESOLVEO BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. That the Mayor and Common Council of the
Ci ty of San Bernardino hereby declares its fntention to order
the vacation of that certain East/West alley South of Mill
Street, West of "H" Street, in said City, which said portion is
more particularly descrfbed as follows:
That portion of that certain East/West alley lying
South of Mill Street and West of "H" Street
(formerly Harold Avenue) in Block 1, as delineated
on the Map of Urbfta Subdivision, as per plat
recorded in Book 3 of Maps, page 54, as follows:
Beginning at the Southeast corner of Lot 1 of said
Block 1; thence West along the South lines of Lots
1, 2 and 3 to the East line of Interstate Highway
215; thence South along the East line of said
Interstate Highway 215 to the North line of Lot 18
of said Block 1; thence East along the North lines
of Lots 18, 19 and 20 to the Northeast corner of Lot
20 of said Block 1; thence North along the Northerly
prolongation of the East line of said Lot 20, to the
point of beginning.
SECTION 2, That the Mayor and Common Council of the
22 City of San Bernardino, in vacating the above described portion
23 of said alley, elects to proceed under and in accordance with
24 the provisions of the "Public Streets, Highways and Services
25 Vacation Law", being Division 9, Part 3, of the Streets and
26 Highways Code of the State of California.
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SECTION 3. That the hour of 9:30 A.M. on the f'st day
of Oecember, 1986, in the Council Chambers, Ci ty Ha 11, San
Bernardfno~ California, be, and the same hereby is fixed as the
tfme and place when and where all persons interested fn or
objecting to the proposed vacation may appear before the said
Mayor and Common Council and offer evidence in relation
thereto. For further particulars as to the proposed vacatfon
of the hereinbefore described alley, reference is made to that
certain map marked "Plan No. 7077" approved November 13, 19B6,
on file in the office of the City Clerk of safd City.
SECTION 4. Nothfng in this Resolutfon shall in any
15
way affect or disturb any existfng easements for sanitary sewer
and appurtenant facilities, and there is hereby reserved for
the Ci ty an easement reasonably necessary to locate such
sanitary sewer and pUblic utilities over, fn, under and across
the real property herefnabove described and to use, maintain,
repair, replace or renew such facilities.
SECTION 5. That the City Engineer of the City of San
Bernardino hereby is directed to cause Notfces of Street
Vacation to be posted as required by the "Public Streets,
Highways and Services Vacation Law..
SECTION 6, That the City Clerk shall certify to the
adoption of this Resolution of Intention and shall cause the
same to be published once a week for two successive weeks in
The Sun, a newspaper published and circulated in the City of
San Bernardino, prior to the date of the above public hearing.
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JJ6,191.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at
~ day of
to-wi t:
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AYES:
NAYS:
ABSENT:
a /'1"(~v'
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f.. ~;..L.v
,
meeting thereof held on the
1986, by the followfng vote,
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Council Members ct.'"T L ~jl
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The foregoi n9 resol uti on is hereby approved thi s
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, 1986.
day of
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Mayor of the City ot"Sa'n Bernard i no
Approved as to form:
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C1ty Attorney
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