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HomeMy WebLinkAbout2004-1251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 2004-125 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING 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; 71" STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET, BETWEEN 7r" STREET AND 8"' STREET (PLAN NO. 10910A AND 10910B) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. 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, having heard the evidence offered in relation to the proposed vacation of a portion of the alley between Acacia Avenue and "E" Street, south of 13"' Street; the alley between "F" Street and Acacia Avenue, between 13"' Street and Base Line Street; 7 "' Street, between "F" Street and "G" Street; and a portion of Berkeley Street, between 7"' Street and 8"' Street, as described in Resolution of Intention No. 2004-88, hereby find from all of the evidence submitted, that said 1711 street(s) and alley(s) proposed to be vacated by said Resolution are unnecessary for present and 1811 prospective street purposes. 21 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion of the alley between Acacia Avenue and "E" Street, south of 13"' Street; the alley between "F" Street and Acacia Avenue, between 13"' Street and Base Line Street; 7"' Street, between "F" Street and "G" Street; and a portion of Berkeley Street, between 7"' Street and 8"' Street, more fully described in Exhibit "A" and Exhibit `B" attached hereto and made a part thereof. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 04/26/04 2004-125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15, 1 I 211 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13th STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE, BETWEEN 13th STREET AND BASE LINE STREET; 7th STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET, BETWEEN 7th STREET AND Sth STREET (PLAN NO. 10910A AND 10910B) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. over the area shown as Parcel B, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino Public Services Department, its successors, heirs and assigns, an access easement for refuse pick-up over Lots 10 through 13 adjacent to Parcel 2 of Parcel A, including the right at any time, or from time to time, the right of ingress and egress thereto; and there is hereby specifically reserved for the owners of Lots 10 through 13 adjacent to Parcel 2 of Parcel A, their successors, heirs and assigns, a reciprocal access easement, including the right at any time, or from time to time, the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an easement over Parcel 2 of Parcel A, and a temporary easement over Parcel B, to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary easement for water utility purposes over Parcel B, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, an easement over Parcel 1 and Parcel 2 of Parcel A, and a temporary easement over Parcel B, to 04/26/04 2 2004-125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13th STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE, BETWEEN 13th STREET AND BASE LINE STREET; 7th STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET, BETWEEN 7th STREET AND 8th STREET (PLAN NO. 10910A AND 10910B) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, a temporary easement over Parcel B, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of natural gas, and said temporary easement shall include the right of ingress and egress thereto. All temporary easements reserved herein shall terminate upon relocation or abandonment of existing facilities. SECTION 4. It is hereby determined that the vacation of said street(s) and alley(s) are categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. 04/26/04 3 2004-125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF S.AN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13th STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE, BETWEEN 13th STREET AND BASE LINE STREET; 7th STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET, BETWEEN 7th STREET AND 8th STREET (PLAN NO. 10910A AND 10910B) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 3rd day of May , 20 04 , by the following vote, to wit: Council Members: AYES ESTRADA x LONGVILLE MCGINNIS x F KELLEY x JOHNSON x MCCAMMACK x NAYS ABSTAIN ABSENT x City erk The foregoing resolution is hereby approved this 6Ik— day of May , 20 04 Approved as to form and legal content: E [THVALLES, Mayor of San Bernardino 2004-125 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 I 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" 2004-125 Legal Description for the vacation of portions of 71h Street, between "F" Street and "G" Street and a portion of Berkeley Street. Between 7�h Street and 8`h 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"' 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 7`h 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, aloe 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 500 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 7"' Street, said point also being on the south line of said Lot 1; 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"