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HomeMy WebLinkAbout2002-292 , 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF PORTIONS OF WATERMAN AVENUE FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC 4 RAILROAD. RESOLUTION NO, ?OO?-?q? 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of portions of Waterman Avenue frontage road, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 south of Caroline Street, north of Union Pacific Railroad, as more fully described in Exhibit "A" attached hereto, SECTION 2, That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portions of said streets, 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. 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 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, 10421", approved on July 15, 2002, a copy of which is on file in the office of the City Clerk of 24 said City, 25 11/ 26 27 28 08/16/02 2002-292 RESOLUTION OF INTENTION --- V ACA T10N OF PORTIONS OF WATERMAN A VENUE FRONT AGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No, 10421) 2 3 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 4 easements for public utility purposes belonging either to the City of San Bernardino or to any 5 public utility and there is hereby specifically reserved for the City of San Bernardino 6 7 8 Municipal Water Department, its successors, heirs and assigns, an easement for water utility purposes over the entire area proposed to be vacated, including the right at any time, or from 9 time to time, to construct, maintain, operate, replace and renew one or more pipelines or 10 appurtenances for the transportation of water and related incidental purposes, and said easement 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Pacific Bell, its successors, heirs and assigns, an 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 easement shall include right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, an easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission andlor distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said easement shall include right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, an 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 appurtenances for the transportation of natural gas, including the right of ingress and egress thereto, /II 08/16/02 2 2002-292 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF WATERMAN AVENUE FRONTAGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan No. 10421) 2 3 SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to 4 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Service Easements Vacation Law." SECTION 6. 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 Bernardino, prior to the above date set forth for the public hearing, 1// 08/16/02 3 2002-292 RESOLUTION OF INTENTION --- V ACA TION OF PORTIONS OF W ATERMAN AVENUE FRONTAGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No, 10421) 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 joint regular meeting thereof held on the 9th September day of ,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 ~h.~~ City erk 19 The foregoing resolution is hereby approved this 1,:Jn+ day of September 20 21 22 23 24 25 ,20~. Approved as to form and legal content: ) U {...16U JUDITrfYALLES, Mayor City 1i Bernardino .J JAMES F, PENMAN City Attorney ~~ By: ~h~' t fe- vc,.,~, (J 28 08/16/02 4 2002-292 EXHIBIT "A" Lease of a Portion of Waterman Avenue City of San Bernardino All that certain real property in the City of San Bernardino, State of California, being a portion of Waterman Avenue, a portion of which is within Lot 9, Block 75 Rancho San Bernardino as per plat recorded in Book 7 page 2 of Maps records of said County, said portion of W aterman Avenue being described as parcels follows: Parcel "A" Commencing at the Southeast corner of Lot 43, Tract 2170 ("Inter City No.5) as per plat recorded in Book 31 page 49 of Maps, records of said county; Thence "North" along the East line of said Lot 43, 296,85 feet to the southerly line of Caroline Street (33' half width); Thence along said southerly line North 89047'00" East, 80.00 feet to the true point of beginning; Thence leaving said Southerly line South 0013'00" West 66.71 feet to a tangent curve, concave westerly, having a radius of 373,00 feet; Thence southerly along said curve, through a central angle of 16019'12", a length of 106,24 feet to a reverse curve, concave easterly, having a radius of 446.00 feet; Thence southerly along said reverse curve, through a central angle of 16019'11", a length of 127.04 feet to the south line of said Tract 2170; Thence "South" 195,00 feet to a line parallel with and distant 195,00 feet southerly of said south line; Thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman A venue, said east line being a line parallel with and distant 130.00 feet easterly of said centerline of Waterman Avenue; Thence along said easterly line "South" 479,16 feet; Thence North 89047'00" East 35.00 feet to a line parallel with and 165,00 feet Easterly of said centerline of Waterman Avenue; Along said parallel line "South", 121,29 feet more or less to the Northerly right of way line of the Union Pacific Railroad Company (formerly Southern Pacific); 1 2002-292 Thence leaving said easterly line of Waterman Avenue and along said Northerly line North 80000'00" West 132,01 feet to a line parallel with and 35.00 feet easterly of said centerline of Waterman Avenue; Thence along said parallel line, "North" 880.00 feet; Thence North 4040'55" East 171.52 feet; Thence North 68026'31" East 49.46 feet to said southerly line of Caroline Street; Thence along said southerly line North 89000'00" east 8.07 feet to the True Point of Beginning, Parcel B Commencing at the Southeast corner of Lot 43, Tract 2170 ("Inter City No, 5) as per plat recorded in Book 31 page 49 of Maps, records of said county; Thence "North" along the East line of said Lot 43, 296,85 feet to the true point of beginning, which is on the southerly line of Caroline Street (33' half width); Thence along said southerly line North 89047'00" East 80,00 feet; Thence leaving said southerly line South 0013'00" West 66,71 feet to a tangent curve, concave westerly, having a radius of 373,00 feet; Thence southerly along said curve, through a central angle of 16019'12", a length of 106,24 feet to a reverse curve, concave easterly, having a radius of 446,00 feet; Thence southerly along said reverse curve, through a central angle of 16019' 11 ", a length of 127.04 feet to the south line of said Tract 2170; Thence "South" 195,00 feet to a line parallel with and distant 195,00 feet southerly of said south line; Thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman Avenue, said east line being a line parallel with and distant 130,00 feet easterly of said centerline of Waterman Avenue; Thence along the generally Easterly Line of said Waterman Avenue the following courses: 1. Along said last mentioned parallel line, "North", 195,00 feet to said south line of Tract 2170, 2 2002-292 2, Along said South Line South 89047'00" West 1.19 feet to a point on a non- tangent curve, concave easterly, having a radius of 386.00 feet, a radial line to said point bears South 89047'00" West, 3, Northerly along said curve through a central angle of 16019'11", a length of 109,95 feet to a reverse curve concave westerly, having a radius of 433,00 feet, 4. Northerly along said reverse curve, through a central angle of 16019'12", a length of 123,33 feet, 5, South 0013'00" East 46,71 feet to a tangent curve, concave southeasterly, having a radius of 20,00 feet, 6, Northeasterly along said curve, through a central angle of 90000'00", a length of 31.42 feet to said southerly line of Caroline Street and the true point of beginning, 3