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HomeMy WebLinkAbout1993-106 03/01/93 --. 1 1 2 3 4 5 6 RESOLUTION NO. 93-106 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN "D" STREET AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTEN- ANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN, AND SET A PUBLIC HEARING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 7 BERNARDINO AS FOLLOWS: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. That the Mayor and Common Council of the City of San hereby declare their intention to order the vacation of that Bernardino portion of 7th Street lying between "D" Street and "E" Street, described as follows: Beginning at the Southeast corner of Lot 1, Block 52, of the City of San Bernardino, as per plat thereof recorded in Book 7 of Maps, Page 1, in the office of the County Recorder of said County, said point being the intersec- tion of the West line of "D" Street and the North 1 ine of 7th Street; thence West along the South line of said Lot 1, and the South line of Lot 2, of said Block 52, a distance of 596.1 feet, more or less, to the Southwest corner of said Lot 2; thence South along the Southerly prolongation of the West line of said Lot 2, a distance of 102.5 feet, more or less, to a point in the West line of Lot 5, Block 45 of said City of San Bernardino, and being the most Southerly corner of that certain property conveyed to the City of San Bernardino by Document No. 83-102050, recorded May II, 1983, and being the beginning of a reverse tangent curve, concave Southeasterly and having a radius of 20.00 feet, the Easterly terminus of said curve being also tangent with the North line of said Lot 5; thence Northeasterly along said curve to said North line; thence East along said North line of Lots 5, 6, 7, and 8 of said Block 45, a distance of 559.83 feet, more or less, to the most Westerly corner of that certain property conveyed to the City of San Bernardino by Docu- ment No. 83-268516, recorded November 15, 1983, and being the beginning of a tangent curve, concave to the South- west and having a radius of 20.00 feet, said curve is also tangent at its Southerly terminus with the East line of said Lot 8; thence Easterly and Southerly along said curve to said point of tangency with the East line of said Lot 8; thence North along said East line and its Northerly prolongation, a distance of 102.5 feet, more or less, to the Point of Beginning. 1 RES 93-:-106 STREET VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" STREET & "E" STREET 1 SECTION 2. That the Mayor and Common Council of the City of San 2 Bernardino, in vacating the above described portion of said street, elect 3 to proceed under and in accordance with the provisions of the "Public 4 streets, Highways and Services Vacation Law", being Division 9, Part 3, of 5 the Streets and Highways Code of the State of California. 6 SECTION 3. That the hour of 10:00 A.M. on the 10th day of May, 7 1993, in the Council Chamber of the City Hall, San Bernardino, California, 8 be, and the same hereby is fixed as the time and place when and where all 9 persons interested in or objecting to the proposed vacation may appear 10 before said Mayor and Common Council and offer evidence in relation 11 thereto. For further particulars as to the proposed vacation of the 12 hereinbefore described portion of said streets, reference is made to that 13 map marked "Plan No. 8849" approved November 20, 1992, on file in the 14 office of the City Clerk of said City. 15 SECTION 4. Nothing in this Resolution shall in any way affect or 16 disturb any existing easements for public utility purposes belonging either 17 to the City of San Bernardino or to any public utility and there are 18 hereby specifically reserved for the City of San Bernardino, easements in, 19 over, under, and across the entire area of the proposed vacation for street 20 lights, drainage, sewer and water purposes, and all appurtenant facilities, 21 there are also specifically reserved for Southern California Edison, General 22 Telephone and Pacific Bell Telephone, easements over, in, under or across 23 the entire real property hereinabove described to construct, place, operate, 24 inspect, maintain, repair, replace and remove such aerial and underground 25 telephone, telegraph and communication structures and electrical transmis- 26 sion structures, respectively, as the companies may from time to time 27 require, consisting of poles, anchors, wires, cables, conduits, manholes, 28 markers and necessary fixtures and appurtenances; and there are also specif- 03/01/93 2 RES 93-106 STREET VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" STREET & "E" STREET 1 ically reserved for the City of San Bernardino, and Southern California Gas 2 Company, easements in, over, under, or across, the entire real property 3 hereinabove described to construct, maintain, operate, replace and renew one 4 or more pipelines and appurtenances thereto, for the transportation of water 5 and/or gas respectively. 6 SECTION 5. That the City Engineer of the City of San Bernardino 7 is hereby directed to cause Notices of Street Vacation to be posted as 8 required by the Public Streets, Highways and Services Vacation Law. 9 SECTION 6. That the City Clerk shall certify to the adoption of 10 this Resolution of Intention and shall cause the same to be published once a 11 week for two successive weeks in The Sun, a newspaper published and 12 circulated in the City of San Bernardino, prior to the date of the above 13 public hearing. 14 / / 15 / / 16 / / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 03/01/93 3 RES 93...106 03/01/93 STREET.VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" .. . STREET & "E" STREET '. 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 reaular __meeting thereof held on the 5th _ day of ~ril __________, 4 1993, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ---- ESTRADA -"-- --~~ --~- REILLY --1L_ --- ---- HERNANDEZ X --- MAUDSLEY X ----- MINOR X --- -- POPE-LUDLAM -"-- -- MILLER --~- -- ----- Rag~cit~ foregoing resolution is hereby approved this ~~~ ? / / '~~~ / / 8~~~ :./~~- City of Sa Berna ino day The of ___April______________, 1993. Approved as to form and legal content: James F. Penman, Ci ty Attorney f) By: t (fr~ 4