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Home My WebLink About2002-282 ,10 ,~ 1 2 RESOLUTION NO. 2002-282 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF PORTIONS OF ROSEWOOD DRIVE, BETWEEN ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD DRIVE 4 SOUTH OF ROSEWOOD DRIVE. 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 hereby declares its intention to order the vacation of portions of Rosewood Drive, between 9 Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive, as more 10 11 fully described in Exhibit "A" and Exhibit "B" attached hereto. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 12 13 vacating the above described portions of said streets, elects to proceed under and in accordance 14 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 15 16 17 18 being Division 9, Part 3, of the Streets and Highways Code ofthe State of California. SECTION 3. That the hour of 4:00 p.m., on Monday, October 7, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 19 and place when and where all persons interested in or objecting to the proposed vacation may 20 21 22 23 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. 10503", approved on July 15,2002, a copy of which is on file in the office of the City Clerk of 24 said City. 25 26 27 SECTION 4. 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 28 08/26/02 . . . 2002-282 RESOLUTION OF INTENTION --- V ACA TION OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (plan No. 10503). 2 3 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 4 5 6 7 8 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 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, 9 operate, inspect, maintain, repair, replace and remove any overhead or underground electrical 10 11 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 12 temporary easement shall include the right of ingress and egress thereto; and there is hereby 13 14 specifically reserved for the City of San Bernardino Municipal Water Department, its successors, 15 heirs and assigns, a temporary easement for water utility purposes over the entire area proposed 16 17 18 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 19 20 and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its 21 successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, 22 23 24 25 26 27 28 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 the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and 2 08/26/02 . 2002-282 RESOLUTION OF INTENTION --- V ACA TION OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (Plan No. 10503). 2 3 renew one or more pipelines or appurtenances for the transportation of natural gas, and said 4 5 6 7 8 9 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 5. That the City Engineer/Deputy Director of Development Services for 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." 10 11 Intention and shall cause the same to be published once a week for two successive weeks in The 12 San Bernardino County Sun, a newspaper published and circulated in the City of San 13 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 14 Bernardino, prior to the above date set forth for the public hearing. 15 / / / 16 17 18 19 20 21 22 23 24 25 26 27 28 3 08/26/02 , , 2002-282 RESOLUTION OF INTENTION --- V ACA TION OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (Plan No. 10503). 2 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 10 12 13 14 15 16 17 18 19 The foregoing resolution is hereby approved this /.:) T/I day of September 20 21 22 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN 26 City Attorney 11 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular meeting thereof held on the 9 th day of September ,20~, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x ~~_ U~ City lerk 2002 '- /' ec:--... ITH V ALLES, Mayor C" y of San Bernardino 4 08/26102 " 2002-282 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF ROSEWOOOD DRIVE, 50.00 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF TRACT No. 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE A VENUE, 60.00 FEET WIDE, AND ROSEWOOD DRIVE, 50.00 FEET WIDE, AS SAID STREETS ARE SHOWN ON SAID MAP OF TRACT NO. 2743; THENCE NORTH 89048'23" WEST 191.00 FEET ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00007'58" WEST 30.00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5.00 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN ON SAID MAP; THENCE NORTH 89048'23" WEST 260.09 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58 INCLUSIVE, OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54; THENCE NORTH 00007'53" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 54, AS DESCRIBED IN SAID DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No. 2743, TO THE SOUTHEAST U:\()(J} 13\M~pping\Legals\STREET V ACATlON\AOOJ 1301.doc , ~ 2002-282 CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 52, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180.02 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF OFF]CIAL RECORDS; THENCE PERPEND]CULAR TO SAID NORTHERLY LINE OF ROSEWOOD DRlVE, SOUTH 00011 '37" WEST 5.00 FEET TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 340.14 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007'44" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110.]6 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF OFFICIAL RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 31.30 FEET ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41" TO A POINT OF TANGENCY W]TH THE EASTERLY LINE OF ORCHARD DRIVE, AS SHOWN ON SAID MAP; THENCE SOUTH 00007'42" EAST 84.95 FEET ALONG SAID EASTERLY LINE TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10.00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052']8" WEST; THENCE NORTHEASTERLY 15.76 FEET ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No. 2743, THROUGH A CENTRAL ANGLE OF 90019'19" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRIVE; THENCE SOUTH 89048'23" EAST 1095.35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE NORTHERLY LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSIVE, OF SAID TRACT No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH SAID SOUTHERLY PROLONGAT]ON OF THE EASTERLY LINE OF LOT 59; THENCE NORTH 00007'58" WEST 25.00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE POINT OF BEGINNING. PREPARED UNDER MY SUPERV]SION: ~~ STEVE SHAMBECK, P.L.S. 6217 LICENSE EXPIRES 3/31106 (P/t~~'L DATE U:\OO}] J'MJpping"ugaIsISTREET V ACATION\AOO31301 ,doc " 2002-282 EXHffilT "B" LEGAL DESCRIPTION THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO. 2743. THENCE NORTH 00007'42" WEST 210.77 FEET ALONG THE WEST LINE OF SAID TRACT TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 508.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOUTH 00007'42" EAST 218.86 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE SOUTH LINE OF SAID TRACT NO. 2743; THENCE NORTH 89048'15" WEST 30.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING PREPARED UNDER MY SUPERVISION: #~ 4j;~/uo'Z- DATE QLf>..N~ ~c.,~ e,w<\G s;,1Y~~" -.\~ 11'~ L,~,'\.. '.- ~-<' "~ U A::' '(.\:;;\ - Go:; 'rt'-",l ~ No. 6217 l:r'll Exp.3131iG6 )"'1 ~lP 't?""l ~ ......'l .v~ Ai..'<'P I.:~ ..-:';('.~/ VF C~~\,.~:;; ::--h~':;';"''' STEVE SHAMBECK, P.L.S. 6217 LICENSE EXPIRES 3/31/06