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HomeMy WebLinkAbout2003-245 .. .. . . . 1 RESOLUTION NO. 2003-245 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF PORTIONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE 4 (PLAN NO. 10755) AND RESERVING TEMPORARY EASEMENTS FOR CITY SAN IT ARY SEWER, WATERLINES, AND FOR EXISTING UTILITIES. 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, 9 having heard the evidence offered in relation to the proposed vacation of those certain portions of 10 11 12 Laurelwood Drive, East of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive, described in Resolution of Intention No. 2003-197, hereby find frorn all of the evidence submitted that such portions of said streets proposed to be vacated by said Resolution are 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Cornrnon Council of said City do hereby vacate those certain portions of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive, more fully described as follows: Those portions of Laurelwood Drive and Orchard Drive, as delineated on the map of Tract No. 2743 as per rnap recorded in Book 38 of Maps, Page 47, rccords 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 rnap 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 07/22/03 .' . 2003-245 RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD 1 DRIVE (PLAN NO. 10755) AND RESERVING TEMPORARY EASEMENTS FOR CITY SANITARY 2 SEWER, WATERLINES, AND FOR EXISTING UTILITIES. 3 4 5 6 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. Excepting therefrom any portions of the above streets previously vacated. Also described 7 in Resolution of Intention No. 2003-197. 8 SECTION 3. Nothing in this Resolution shall in any way afJect or disturb any existing 9 10 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 11 easements for public utility purposes belonging either to the City of San Bernardino or to any 12 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 13 over the entire area proposed to be vacated, including the right at any tirne, or from time to time, 14 to construct, maintain, operate, replace and renew said sewer or appurtenances and said 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 easernent 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 tcmporary 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 the entire area proposed to be vacated, including the right at any tirne, or frorn 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 easernent shall include the right of ingress and egress thereto; and there is hereby specifically 07/22/03 2 " . . . 2003-245 RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF LAURELWOOD DRIVE, EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE (PLAN NO. 10755) AND RESERVING TEMPORARY EASEMENTS FOR CITY SANITARY 2 SEWER, WATERLINES, AND FOR EXISTING UTILITIES. 1 3 4 reserved for Verizon California, Inc., its successors, heirs and assigns, a temporary easement to 5 construct, place, operate, inspect, maintain, repair and replace underground and overhead 6 7 8 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 9 10 11 time to time, to construct, maintain. operate, replace and renew one or more pipelines or 12 appurtenances for the transportation of natural gas, and said temporary easement shall include the 13 right of ingress and egress thereto; and there is hereby specifically reserved for Adelphia, its easernent over the entire area proposed to be vacated, including the right at any time, or from 14 15 16 17 18 19 20 21 22 23 24 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 ingress and egress thereto. All temporary easements reserved herein shall terminate upon relocation or abandorunent of existing facilities. SECTION 4. It is hereby determined that the vacation of said streets is 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 25 this Resolution with the San Bernardino County Recorder's office. 26 II / 27 28 07/22/03 3 RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF LAURELWOOD DRIVE, 1 EAST OF ORCHARD DRIVE AND ORCHARD DRIVE, NORTH AND SOUTH OF LAURELWOOD DRIVE (PLAN NO. 10755) AND RESERVING TEMPORARY EASEMENTS FOR CITY SANITARY 2 SEWER, WATERLINES, AND FOR EXISTING UTILITIES. 3 4 5 6 7 8 9 19 20 The foregoing resolution is hereby approved this I'l h. - . ., ' 10 11 12 13 14 15 16 17 18 21 22 23 . . 2003-245 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Cornrnon Council of the City of San Bcrnardino at a joint regular meeting thereof held on the 18th day of August , 20~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVlLLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x r-) J , './\ ~ ( hi ( . City 'tierk ~, Ctd!,;, day of August ,20~ 0--;..) Neil Derry, Ma6-Pfo'Tern City of San Bernardino Approved as to form 24 and legal content: 25 26 27 28 JAMES F. PENMAN City Attorney 07/22/03 4