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HomeMy WebLinkAbout2001-152 1 RESOLUTION NO. 2001-152 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF 3RD STREET, WEST OF KENDALL AVENUE, EAST OF "K" STREET AND RESERVING CERTAIN EASEMENTS THEREIN. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 7 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 that certain portion of 8 9 3RD Street, West of Kendall Avenue, East of"K" Street, described in Resolution ofIntention No. 10 2001-110, hereby find from all of the evidence submitted that such portion of said street 11 proposed to be vacated by said Resolution is unnecessary for present and prospective street 12 13 14 purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that 15 certain portion of 3'd Street, West of Kendall Avenue, East of "K" Street, as described in Exhibit 16 "A" attached hereto. 17 18 19 SECTION 3. 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 Municipal 20 21 Water Department, its successors, heirs and assigns, a temporary easement for water utility 22 purposes over the entire area proposed to be vacated, including the right at any time, or from 23 ime to time, to construct, maintain, operate, replace and renew one or more pipelines or 24 appurtenances for the transportation of water and related incidental purposes, including the right 25 26 f ingress and egress thereto; and there is hereby specifically reserved for Charter ommunications, its successors, heirs and assigns, an easement to construct, place, operate, 27 28 'nspect, maintain, repair and replace underground and overhead structures consisting of wires, 5/23/01 2001-152 RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF 3RD STREET, WEST OF 1 KENDALL A VENUE, EAST OF "K" STREET (Plan No. 10212) 2 cables and necessary fixtures and appurtenances, and said easement shall include rights of 3 4 ingress and egress thereto. 5 6 this Resolution with the San Bernardino County Recorder's office. 7 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of /II 5/23/01 2 2001-152 RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF 3RD STREET, WEST OF 1 KENDALL A VENUE, EAST OF "K" STREET (Plan No. 10212) 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 4 Common Council of the City of San Bernardino at a j oint regular meeting thereof 5 held on the 18th day of 16 17 18 19 The foregoing resolution is hereby approved this ,'j 1ST day of June \ / I,..... ~tLU- JUDITH V A"7L 'ES, Mayor City of San Be ardino I I. 6 wit: 7 8 9 10 11 12 13 14 15 20 21 22 June , 20~, by the following vote, to Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MCCAMMACK x Q~ City Clerk ~ ,20~ pproved as to form 23 and legal content: 24 AMES F. PENMAN 25 City Attorney 26 y: k 7-.f~ o 27 28 5/23/01 3 2001-152 EXHIBIT "A" Legal Description for the vacation of a portion of 3rd Street, West of Kendall Avenue, East of"K" Street That portion of 3rd Street, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as shown on map filed in Book 7 of Maps, Page 2, and as described in deed to the City of San Bernardino recorded in Book 622, page 157 of deeds, and in quitclaim deed to the City of San Bernardino recorded in Book 4805, page 81, Official Records of said County, described as follows: Beginning at a point on the North line of said 3rd Street, 82.50 feet wide, as shown on said map of Rancho San Bernardino, distant along said North line South 89037'45" West, 4.56 feet from the most westerly corner of Parcell, described in deed to San Bernardino Associated Governments recorded December 15, 1992, as Instrument No. 92-514402, Official Records of said county; thence South 00041'10" East, 1.45 feet to a point on a non-tangent curve concave Southerly having a radius of 336.00 feet, a radial line to said point bears North 00031'56" West; thence Westerly, 55.58 feet along said curve through a central angle of 09028'38"; thence South 79059'22" West, a distance of 61.40 feet to a curve concave Southeasterly having a radius of 1898.28 feet; thence Southwesterly, a distance of 88.37 feet along said curve through a central angle of 02040'02"; thence South 77019'20" West, 58.68 feet to a curve concave Southeasterly having a radius of 208.00 feet; thence Southwesterly, 144.72 feet along said curve through a central angle of 39051'54"; thence South 37027'26" West, a distance of 16.09 feet to a curve concave Northwesterly having a radius of 2.00 feet; thence Southwesterly, 1.81 feet along said curve through a central angle of 51048'43"; thence South 89016'09" West, a distance of 15.12 feet, more or less, to a point in the Northwesterly line of Parcel 3, described in said Book 4805, Page 81, Official Records of said county, said point also being the Northwesterly line of said 3'd Street; thence along said Northwesterly line North 44042'28" East, a distance of 61.61 feet to a point on the Easterly line of "K" Street, 45.00 feet wide, as said "K" Street is described in deed to the City of San Bernardino recorded in Book 422 of Deeds, Page 238, records of said county, said point being distance southerly, a distance of 8.54 feet along said Easterly line from the Southerly line of said 3'd Street as shown on said map of Rancho San Bernardino, said point also being on a non-tangent curve concave Southeasterly having a radius of 216.25 feet, a radial line to said point bears North 48019'35" West; thence Northeasterly, a distance of 136.95 feet along said curve through a central angle of 36017' 11" and along the Northerly line of said 3'd Street; thence continuing along said Northerly line, North 77059'36" East, a distance of 121.49 feet to an angle point on said Northerly line, thence continuing along said North line, North 89037'45" East, a distance of 127.27 feet, more or less, to the Point of Beginning. Area of the above parcel is 0.12 acre or 5471 square feet more or less.