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RESOLUTION NO. 2002-323
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
2 VACATION OF PORTIONS OF WATERMAN AVENUE FRONTAGE ROAD, SOUTH
3 OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (PLAN NO.
10421).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
having heard the evidence offered in relation to the proposed vacation of those certain portions of
9 Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad,
10 described in Resolution of Intention No. 2002-292, hereby find from all of the evidence
11 submitted that such portions of said streets proposed to be vacated by said Resolution are
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unnecessary for present and prospective street purposes.
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15 certain portions of Waterman Avenue frontage road, south of Caroline Street, north of Union
16 Pacific Railroad, as more fully described in Exhibit "A" attached hereto.
17 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
SECTION 2. The Mayor and Common Council of said City do hereby vacate those
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easements for public utility purposes belonging either to the City of San Bernardino or to any
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public utility and there is hereby specifically reserved for the City of San Bernardino Municipal
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Water Department, its successors, heirs and assigns, an easement for water utility purposes over
22 the entire area proposed to be vacated, including the right at any time, or from time to time, to
23 construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the
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transportation of water and related incidental purposes, and said easement shall include the right
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of ingress and egress thereto; and there is hereby specifically reserved for Pacific Bell, its
27 successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair
28 and replace underground and overhead structures consisting of wires, cables and necessary
09/30102
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2002-323
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RESOLUTION ORDERING VACATION THOSE CERTAIN PORTIONS OF WATERMAN AVENUE
FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan
No. t0421)
fixtures and appurtenances and said easement shall include right of ingress and egress thereto;
and there is hereby specifically reserved for Southern California Edison, its successors, heirs and
assigns, 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
14 appurtenances for the transportation of natural gas, including the right of ingress and egress
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thereto.
SECTION 4. It is hereby determined that the vacation of the streets is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class I, Section l530l(c).
SECTION 5. This vacation of said streets as set forth herein, shall not take effect until
this Resolution is filed with the San Bernardino County Recorder's Office, and such recording
shall be deferred until the petitioner for the vacation of said street has met certain conditions, as
set forth by the Director of Development Services, specifically the execution of a Lease
Agreement for the installation and continuous maintenance of landscaping and parking in the
vacated area, or the execution of an agreement to purchase the property from the City, at which
27 time City Clerk is hereby directed and authorized to file a certified copy of this Resolution with
28 the San Bernardino County Recorder's office.
09/30/02
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2002-323
RESOLUTION ORDERING VACATION THOSE CERTAIN PORTIONS OF WATERMAN AVENUE
1 FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan
No. 10421)
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4 Common Council of the City of San Bernardino at a
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
meeting thereof
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held on the 7th day of
wit:
Council Members: AYES
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MCCAMMACK x
October
, 20~, by the following vote, to
NAYS
ABSTAIN
ABSENT
~ 1;;. ~M
CIty lerk
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The foregoing resolution is hereby approved this iO 7l-t
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day of
,20~
October
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23 Approved as to form
24 and legal content:
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Esther Estrada, Mayor Pro Tern
City of San Bernardino
25 JAMES F. PENMAN
City Attorney
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09/30/02
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2002-323
EXHIBIT "A"
Lease of a Portion of Watennan 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 Avenue, 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);
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2002-323
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:
L Along said last mentioned parallel line, "North", 195.00 feet to said south line of
Tract 2170,
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2002-323
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.
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