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HomeMy WebLinkAbout2003-053 I " , 1 2 RESOLUTION NO. 2003-53 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A 10-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN 20'111 STREET AND 21sT STREET, WEST OF KENWOOD AVENUE. 4 5 6 7 8 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 that certain 10-foot 9 public utility easement located between 20th Street and 21" Street, west of Kenwood Avenue, 10 described in Resolution ofIntention No. 2003-22 hereby find from all of the evidence submitted 11 that such public utility easernent proposed to be vacated by said Resolution is unnecessary for 12 13 present and prospective public utility purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that 14 15 certain 10-foot public utility easement located between 20th Street and 21" Street, west of 16 Kenwood Avenue, more fully described as follows: 17 18 19 A Public Utility Easement, in the City of San Bernardino, across the southerly five-feet (5') of Lots 3 and 4, and the northerly five-feet (5') of Lots 5 and 6, of Tract No. 3650, as shown by plat on file in Book 47 of Maps, Pages 92-94 inclusive, records of San Bernardino County, State of California. 20 Also described in Resolution ofIntention No. 2003-22. 21 22 easements for public utility purposes belonging either to the City of San Bernardino or to any 23 24 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing public utility and there is hereby specifically reserved for the City of San Bernardino, its 25 successors, heirs and assigns, a ternporary easernent for sanitary sewer and appurtenant facilities 26 over the entire area proposed to be vacated, including the right at any tirne, or frorn time to time, 27 28 to construct, maintain, operate, replace and renew said sewer or appurtenances including the right 02/05/03 J .. 2003-53 RESOLUTION ORDERING VACATION OF THAT CERTAIN IO-FOOT PUBLIC UTILITY EASEMENT 1 LOCATED BETWEEN 20TII STREET AND 21ST STREET, WEST OF KENWOOD AVENUE (PLAN NO. 10514). 2 of ingress and egress thereto; and there is hereby specifically reserved for Southern California 3 Edison, its successors, heirs and assigns, a temporary easement to construct, place, operate, 4 inspect, maintain, repair, replace and remove any overhead or underground electrical 5 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole 6 anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said 7 8 temporary easement shall include the right of ingress and egress thereto; and there is hereby 9 10 11 12 13 14 15 16 17 18 19 specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary easement for water utility purposes over the entire area proposed to be vacated, 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, a temporary easement to 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 20 ingress and egress thereto. All temporary easements reserved herein shall terminate upon 21 relocation or abandonment of existing facilities. 22 23 24 25 26 SECTION 4. It is hereby determined that the vacation of said public utility easement is categorically exempt from the requirernents of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section l5301(c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of 27 this Resolution with the San Bernardino County Recorder's office. 28 II / 02/04/03 2 j ,. , 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 2003-53 RESOLUTION OF INTENTION --- V ACA TION OF A 10-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN 20TH STREET AND 21ST STREET, WEST OF KENWOOD A VENUE (Plan No. 10514). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Cornmon Council of the City of San Bernardino at a ioint regular meeting thereof held on the 18th day of February ,20~, by the following vote, to wit: Council Members: AYES ESTRADA X LONGVILLE MCGINNIS DERRY X SUAREZ X ANDERSON X MCCAMMACK X NA YES ABSTAIN ABSENT X X rJcwjM~diao.~ UiJl11r- City Clerk I The foregoing resolution is hereby approved this JO fl, day of February a~w ,20~. Approved as to form and legal content: J Suarez, Mayor Pro Tern it of San Bernardino JAMES F. PENMAN City At orney 3 02/18/03