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HomeMy WebLinkAbout2002-317 .. ~ n' 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF PICO AVENUE, SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICa 4 AVENUE AND THAT CERTAIN EAST/WEST ALLEY, SOUTH OF RIALTO AVENUE 5 AND EAST OF PICO AVENUE. 6 7 8 9 10 11 RESOLUTION NO. 2002-317 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 a portion of Pico A venue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of Rialto Avenue and east of Pi co Avenue, as described as follows: 12 13 14 15 16 17 18 19 20 21 22 23 Those portions of Pi co Avenue (formerly California Street) generally south of Rialto Avenue (formerly First Street); Belleview Street (formerly Atlantic Street) east and west of said Pico Avenue; and that certain 15' wide east/west alley, south of said Rialto Avenue, east of said Belleview Street, as said streets and alley are delineated on the map of Murray and Payne Subdivision, as per plat thereof recorded in Book 4 of Maps, page 27, records of the County Recorder of San Bernardino County, State of California, more fully described as follows: All that portion of said Pico Avenue, lying south of the easterly prolongation of the south line of Lot I, Block K of said Murray and Payne Subdivision, and the north line ofthe Lytle Creek Flood Control Channel; and that portion of Belleview Street, lying between the southerly prolongation of the west line of Lot 13, Block K of said Murray and Payne Subdivision and the southerly prolongation of the east line of Lot 12, Block E of said Murray and Payne Subdivision; and that certain 15' wide eastlwest alley lying south of and adjacent to Lots 3 through 7 of said Block E. Excepting therefrom any portions of the above streets and/or alley previously vacated. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 24 vacating the above described portions of said streets, elects to proceed under and in accordance 25 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 26 27 being Division 9, Part 3, of the Streets and Highways Code of the State of California. 28 //1 09/30/02 .. 2002-317 RESOLUTION OF INTENTION --- V ACA TION OF A PORTION OF PICO A VENUE, SOUTH OF RIALTO A VENUE, BELLEVIEW STREET, EAST AND WEST OF PICO A VENUE AND THAT 1 CERTAIN EASTIWEST ALLEY, SOUTH 01: RIAL TO A VENUE AND EAST OF PICO AVENUE 2 (Plan No. 10501). 3 4 5 6 7 8 SECTION 3. That the hour of 4:00 p.m., on Monday, November 4, 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. 9 10 11 of said City. 10501", approved on August 19,2002, a copy of which is on file in the office of the City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 successors, heirs and assigns, an 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 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, an 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 easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Burlington Northern Santa Fe, its successors, heirs and assigns, an easement to inspect, maintain, //1 2 09/30/02 2002-317 l I " RESOLUTION OF INTENTION --- V ACA TION OF A PORTION OF PICO A VENUE, SOUTH OF RIAL TO AVENUE, BELLE VIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT 1 CERTAIN EAST/WEST ALLEY, SOUTH OF RIALTO A VENUE AND EAST OF PICO A VENUE 2 (Plan No. 10501). 3 4 5 easement shall include the right of ingress and egress thereto. construct, operate, replace and renew existing railroad facilities or appurtenances, and said 6 SECTION 5. That the City Engineer/Deputy Director of Development Services for the 7 City of San Bernardino is hereby directed to cause Notices of Street! Alley Vacation to be posted 8 as required by said "Public Streets, Highways and Service Easements Vacation Law." 9 10 Intention and shall cause the same to be published once a week for two successive weeks in The 11 12 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 13 set forth for the public hearing. 14 1// 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 09/30/02 ,---------- 2002-317 RESOLUTION OF INTENTION --- V ACA T10N OF A PORTION OF PICO A VENUE, SOUTH OF 1 RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO A VENUE AND THAT CERTAIN EAST/WEST ALLEY, SOUTH OF RIAL TO A VENUE AND EAST OF PICO AVENUE 2 (Plan No. 10501). 3 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 19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ;oint regular meeting thereof held on the 7 th October 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 ~~~Lh.~ CIty rk The foregoing resolution is hereby approved this 10Th day of October 20 21 2002 ,~ ~~ 22 23 24 Approved as to form and legal content: 25 Esther Estrada, Mayor Pro Tern City of San Bernardino JAMES F. PENMAN 26 City Attorney 27 /\ t By: i0-h"~ . 28 /7 I v 1 jL'1./i-~__ 4 09/30/02