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Home My WebLink About2003-197 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 RESOLUTION NO. 2003-197 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF PORTIONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH 4 OF LAURELWOOD DRIVE. 5 6 7 8 9 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 portions of Laurelwood Drive, east of Orchard Drive, and Orchard Drive, north and south of Laurelwood Drive, described as follows: Those portions of Laurelwood Drive and Orchard Drive, as delineated on the map of Tract No. 2743 as per map recorded in Book 38 of Maps, Page 47, records of the County Recorder of San Bernardino County, State of California together with portions of Lots 16, 17,41 and 42 of said Tract No. 2743, and together with a portion of Lot 24, Tract No. 12034, as per map recorded in Book 168 of Maps, Page 80, records of said County, described as follows: Beginning at the northwest corner of Lot 20 of said Tract No. 2743, said point being on the east line of said Orchard Drive; thence south along said east line to the north line of said Laurelwood Drive; thence east along said north line and following its various courses and distances to its intersection with the northerly line of Harriman Place, as conveyed to the City of San Bernardino in Document No. 2002-0627481, recorded November 19, 2002, records of said County; thence southwesterly, along said northerly line, to the south line of said Laurelwood Drive; thence west, along said south line and following its various courses and distances, to the east line of said Orchard Drive; thence south, along said east line, to its intersection with said northerly line of Harriman Place; thence southwesterly, along said northerly line, to the west line of said Orchard Drive as shown on said map of Tract No. 12034; thence north, along said west line and following its various courses and distances to the northerly terminus of said Orchard Drive, said point being on the westerly prolongation of the north line of said Lot 20; thence east, along said prolongation, to the point of beginning. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said street(s), 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. 07/03/03 2003-197 1 2 RESOLUTlON OF INTENTlON --- VACATlON OF PORTlONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE SECTION 3. That the hour of 4:00 p.m., on Monday, August 18, 2003, in the Council 3 4 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 5 6 7 8 9 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 that map marked "Plan No. I 0755", a copy of which is on file in the office of the City Clerk of said City. SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 10 11 easements for public utility purposes belonging either to the City of San Bernardino or to any 12 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 13 14 15 16 17 18 19 20 21 22 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 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 said sewer or appurtenances and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, a temporary easement 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 23 fixtures and appurtenances, and said temporary easement shall include the right of ingress and 24 25 26 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 the entire area proposed to be vacated, including the right at any time, or from 27 28 II/ 07/03/03 2 2003-197 1 2 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE time to time, to construct, maintain, operate, replace and renew one or more pipelines or 3 4 appurtenances for the transportation of water and related incidental purposes, and said temporary 5 6 7 8 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 9 10 temporary easement shall include the right of ingress and egress thereto; and there is hereby 11 specifically reserved for The Gas Company, its successors, heirs and assigns, a temporary 12 13 easement 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 14 15 16 right of ingress and egress thereto; and there is hereby specifically reserved for Adelphia, its appurtenances for the transportation of natural gas, and said temporary easement shall include the 17 successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, 18 maintain, repair and replace underground and overhead structures consisting of wires, cables and 19 necessary fixtures and appurtenances and said temporary easement shall include the right of 20 21 22 23 24 25 26 27 28 ingress and egress thereto. All temporary easements reserved herein shall terminate upon relocation or abandonment of existing facilities. SECTION 5. It is hereby determined that the vacation of the street(s) is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). II/ 07/03/03 3 2003-197 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF LAURELWOOD DRIVE, EAST OF 1 ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE 2 3 4 5 6 7 8 9 SECTION 6. That the City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation Law." SECTION 7. 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 San Bernardino County Sun, a newspaper published and circulated in the City of San 10 Bernardino, prior to the above date set forth for the public hearing. 11 II/ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 07/03/03 4 2003-197 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF LAURELWOOD DRIVE, EAST OF 1 ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 4 Common Council of the City of San Bernardino at a 5 held on the 21st day of July 6 7 8 9 10 11 12 13 14 15 16 17 18 joint regular meeting thereof ,20~, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X ~0aruJ/Ut;l'vt!dJYL(]~ iJe{)I)~ City Clerk' I 19 The foregoing resolution is hereby approved this ;2.o{1\t July 2003 '- lf2\J1~'C ) 20 21 22 23 24 Gordon McGinnis, Mayor Pro Tem City of San Bernardino Approved as to form and legal content: JAMES F. 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