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HomeMy WebLinkAbout2004-0881 2 3 4 11 13 14 15 16 17 18 19 20 21 22 23 27 Kil RESOLUTION NO. 2004-88 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13T" STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE, BETWEEN 13T" STREET AND BASE LINE STREET; 7lu STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET, BETWEEN 7T" STREET AND 8T" STREET (PLAN NO. 10910A AND 10910B). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby declares its intention to order the vacation of a portion of the alley between Acacia Avenue and "E" Street, south of 13"' Street, and the alley between "F" Street and Acacia Avenue, between 13"' Street and Base Line Street, as described in Exhibit "A" as Parcel A; and 7"' Street, between "F" Street and "G" Street, and a portion of Berkeley Street, between 7"' Street and 8`' Street, as described in Exhibit `B" as Parcel B, attached hereto and made a part hereof. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portions of said streets and alleys, elects to proceed under and in accordance with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 4:00 p.m., on Monday, May 3, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in 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 vacation, reference is made to those maps marked "Plan No. 04/01 /04 2004-88 RESOLUTION OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET SOUTH OF 13'" STREET; THE ALLEY BETWEEN "F" STREET AND 1 ACACIA AVENUE BETWEEN 13T" STREET AND BASE LINE STREET; 7T" STREET BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T1' STREET AND 2 8T" STREET(10910A & B) 3 4 10910A and Plan No. 10910B", approved on February 2, 2004, copies of which are on file in the 5 office of the City Clerk of said City. 6 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing casements for public utility purposes belonging either to the City of San Bernardino or to any 8 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 9 10 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 11 over the area shown as Parcel B, including the right at any time, or from time to time, to 12 onstruct, maintain, operate, replace and renew said sewer or appurtenances and said temporary 13 easement shall include the right of ingress and egress thereto; and there is hereby specifically 14 reserved for the City of San Bernardino Public Services Department, its successors, heirs and 15 16 assigns, an access easement for refuse pick-up over Lots 10 through 13 adjacent to Parcel 2 of 17 Parcel A, including the right at any time, or from time to time, the right of ingress and egress 18 hereto; and there is hereby specifically reserved for the owners of Lots 10 through 13 adjacent to 19 Parcel 2 of Parcel A, their successors, heirs and assigns, a reciprocal access easement, including 20 he right at any time, or from time to time, the right of ingress and egress thereto; and there is 21 22 ereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an 23 asement over Parcel 2 of Parcel A, and a temporary easement over Parcel B, to construct, place, 24 operate, inspect, maintain, repair, replace and remove any overhead or underground electrical 25 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole 26 anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said 27 28 4/02/04 2 2004-88 RESOLUTION OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA VENUE AND "E" STREET SOUTH OF 131" STREET; THE ALLEY BETWEEN "F" STREET AND 1 ACACIA AVENUE BETWEEN 131" STREET AND BASE LINE STREET; 7T" STREET BETWEEN "F" TREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T" STREET AND 2 T" STREET(10910A & B) 3 4 temporary easement shall include the right of ingress and egress thereto; and there is hereby 5 specifically reserved for the City of San Bernardino Municipal Water Department, its successors, G heirs and assigns, a temporary easement for water utility purposes over Parcel B, including the 7 right at any time, or from time to time, to construct, maintain, operate, replace and renew one or 8 ore pipelines or appurtenances for the transportation of water and related incidental purposes, said temporary easement shall include the right of ingress and egress thereto; and there is 111 hereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, an over Parcel 1 and Parcel 2 of Parcel A, and a temporary easement over Parcel B, to 13 Construct, place, operate, inspect, maintain, repair and replace underground and overhead consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include the right of ingress and egress thereto; and there is hereby 171 Ispecifically reserved for The Gas Company, its successors, heirs and assigns, a temporary over Parcel B, including the right at any time, or from time to time, to construct, operate, replace and renew one or more pipelines or appurtenances for the 21 11'ransportation of natural gas, and said temporary easement shall include the right of ingress and 27 m thereto. All temporary easements reserved herein shall terminate upon relocation or of existing facilities. SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to Notices of Street Vacation to be posted as required by said "Public Streets, Highways and Easements Vacation Law." /04 3 2004-88 RESOLUTION OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA VENUE AND "E" STREET SOUTH OF 13T" STREET; THE ALLEY BETWEEN "F" STREET AND j ACACIA AVENUE BETWEEN 13T" STREET AND BASE LINE STREET; 7T" STREET BETWEEN "F" STREET AND "C" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T" STREET AND 2 T° STREET(10910A & B) 3 4 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 5 Intention and shall cause the same to be published once a week for two successive weeks in The 6 San Bernardino County Sun, a newspaper published and circulated in the City of San 7 Bernardino, prior to the above date set forth for the public hearing. R 111 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/04 4 1 2 3 4 5 6 7 11 12 13 14 15 16 17 18 19 RESOLUTION OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA VENUE AND "E" STREET SOUTH OF 13T" STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE BETWEEN 13" STREET AND BASE LINE STREET; 7T" STREET BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T1' STREET AND T" STREET(10910A & B) 2111 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and m Council of the City of San Bernardino at a joint regular meeting thereof on the 5 th day of April Council Members: AYES ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x 20 04 , by the following vote, to wit: NAYES ABSTAIN ABSENT City herk foregoing resolution is hereby approved this O; k day of April , 20 04 approved as to form nd legal content: AMES F. PENMAN TH VALLES, Mayor of San Bernardino /04 5 Legal Description for the vacation of a portion of those certain north/south alleys lying between "E" Street and "F" Street and between Base Line Street and 13`h Street (Parcel A) Parcel One That certain north/south alley, 12 feet wide, as delineated on the map of Acacia Addition as per plat recorded in Book 17 of Maps, page 12, records of the County Recorder of San Bernardino County, State of California, adjacent to and east of Lots 14 through 18 inclusive, Block 1 of said Acacia Addition. EXCEPTING THEREFROM, the northerly 10 feet. Contains 2,340 square feet, more or less. Parcel Two That certain north/south alley, 12 feet wide, as delineated on the map of Acacia Addition as per plat recorded in Book 17 of Maps, page 12, records of the County Recorder of San Bernardino County, State of California, adjacent to and west of Lots 1 through 13 inclusive, Block 2 of said Acacia Addition. EXCEPTING THEREFROM the northerly 10 feet. Contains 6,720 square feet, more or less. EXHIBIT "A" - I � I I � - - t - 13th- r t R r M LLJ L —i H cf) ®', �• 04�'' .; .44 0 i .4 :; ., o' , a i• :• :• .; 0 .• .4 .• BASE LINE Lv Lv Q El U U Q I -I--STREET 14 13 15 12 16 11 17 10 18 9 19 it 8 20 II 7 21 j1 6 — 22----TI 1---- 5 -- 23 1 1---- 4--- 24 ii 3 --T-- ------_— Tl 251 11 2 LLJ W F— u� W F CITY OF SAN BERNARDINO PROPOSED VACATION OF PORTIONS OF THOSE DEVELOPMENT SERVICES CERTAIN NORTH/SOUTH ALLEYS LYING BETWEEN "E" STREET AND "F" STREET AND BETWEEN BASE REAL PROPERTY SECTION LINE STREET AND 13TH STREET. ACTING CITY ENGINEER Prepared by: L - Checked by: Date: 1211612005 Sheet of PLAN NO.: 10910A FILE NO.: 15.30-372 AREA OF VACATION SHOWN AS: SCHOOL DISTRICT PROPERTY SHOWN AS: Legal Description for the vacation of portions of 7m Street, between "F" Street and "G" Street and a portion of Berkeley Street. Between 7ch Street and 8ch Street. (Parcel B) That portion of Berkeley Street, 50 feet wide, being a portion of Lots 1, 2, 3, 4 , 7 and 8, Block 54 of the Plan of the City of San Bernardino as per plat recorded in Book 7 of Maps, page 1, records of the County Recorder of San Bernardino County, State of California, together with a portion of 7`h Street, 82.50 feet wide, adjacent to said Lots 1 and 2, as said street is shown on said Plan of the City of San Bernardino, described as follows: Beginning at the southeast corner of said Lot 1, said point also being on the north line of said 71h Street and the West line of 7" Street, 82.50 feet wide, said street being shown as California Street on said Plan of the City of San Bernardino; Thence South 00' 00' 33" East, alon� the southerly prolongation of said Lot 1, a distance of 82.50 feet to the south line of said 7` Street; Thence North 89' 58' 06" West, along said south line, a distance of 596.85 feet to the east line of "G" Street, 82.50 feet wide, shown as Independence Street on said Plan of San Bernardino; Thence North along said east line, a distance of 41.25 feet to the centerline of said 7`h Street; Thence South 89' 58' 06" East, along said centerline, a distance of 95.00 feet; Thence North 00' 03' 22" East, a distance of 41.25 feet to the north line of said 7`h Street; Thence South 89' 58'06" East. A distance of 178.40 feet to the west line of said Berkeley Street, said line being 25.00 feet west of and parallel with the east line of said Lot 2; Thence North 00' 01' 12" East, along said west line of Berkeley Street , a distance of 408.50 feet to the beginning of a reverse non -tangent curve, concave northeasterly and having a radius of 68.00 feet, a radial to said point bears South 55' 27' 34" West; Thence southerly and easterly along said curve, through a central angle of 50' 22' 39", an arc distance of 59.79 feet to the east line of said Berkeley Street, said line being 25.00 east of and parallel to the west line of said Lot 7; Thence South 00' 01' 12" West, along said east line of Berkeley Street, a distance of 379.35 feet to said north line of 71h Street, said point also being on the south line of said Lot l; Thence South 89' 58' 06" East, along said north line of 7"' Street, a distance of 273.40 feet, more or less, to the Point of Beginning. Contains 1.49 acres, more or less. "EXHIBIT `B" J L ----- Sth— zs zs 5 w w (If4 w w 3 m i 1