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HomeMy WebLinkAbout1994-354 . . 10/17/94 1 2 3 4 5 6 7 RESOLUTION NO. 94-354 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN EVANS STREET AND MAGNOLIA STREET AND BETWEEN "E" STREET AND "F" STREET, AND THE SOUTH LEG OF THE NORTH/SOUTH PORTION OF SAID ALLEY LYING WESTERLY OF "E" STREET, AND RESERVING EASEMENTS FOR PUBLIC UTILITIES THEREIN. 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 8 Bernardino hereby declare their intention to order the vacation of the East/ 9 West alley lying between Evans Street and Magnolia Street and between "E" 10 Street and "F" Street, and the South leg of the North/South portion of said 11 alley lying Westerly of "E" Street, San Bernardino, California, described as 12 follows: 13 14 15 16 17 18 19 20 21 22 23 24 That portion of Block C of Gatch's Subdivision, plat thereof recorded in Book 3 of Maps, Page 66, office of the County Recorder of San Bernardino State of California, described as follows: as per in the County, Beginning at the Sout.hwest corner of Lot 11 of said Block C; thence East along the South lines of said Lot 11, and Lots 10, 9, 8, 7, and 6 and continuing East along the Easterly prolongat.ion of the South line of said Lot 6 to a point on the West line of Lot. 3 of said Block C; thence South along t.he West line of said Lot 3, and Lots 4 and 5 to the Southwest corner of said Lot 5; thence West along the Westerly prolongation of the South line of said Lot 5 to the Southeast corner of Lot 22 of said Block C; thence North along the East line of said Lot 22 to the Northeast corner of said Lot 22; thence West along the North line of said Lot 22 and the North lines of Lots 21, 20, 19, 18, and 17, to the Northwest corner of said Lot 17; thence North along the Northerly prolongation of the West line of said Lot 17, a distance of 15 feet, more or less, to the Point of Beginning. SECTION 2. That the Mayor and Common Council of the City of San 25 Bernardino, in vacating the above described portion of said alley, elect to 26 proceed under and in accordance with the provisions of the "Public Streets, 27 Highways and Services Vacation Law", being Division 9, Part 3, of the 28 Streets and Highways Code of the State of California. 1 . ALLEY VACATION: EAST/WEST ALLEY BETWEEN MAGNOLIA AND EVANS, AND Bf,TWEEN "E" AND "F" STREETS, AND THE NORTH/SOUTH LEG WESTERLY OF "E" 94-354 1 SECTION 3. That the hour of 10:00 A.M. on t.he 19t.h day of Decem- 2 ber, 1994, in the Council Chamber of t.he City Hall, San Bernardino, Califor- 3 nia, be, and t.he same hereby is fixed as the time and place when and where 4 all persons int.erested in or objecting to the proposed vacat.ion may appear 5 before said evidence in re I aU on Mayor and Common Council and offer 6 t.hereto. For furt.her particulars as t.o the propos eo vacation of the 7 hereinbefore described port.ions of said alley, reference is made t.o t.hat. map 8 marked "Plan No. 9167" approved August 19, 1994, on file in the office of 9 the City Clerk of said City. 10 SECTION 4. Nothing in this Resolution shall in any way affect or 11 disturb any existing easements for public utility purposes belonging either 12 to the City of San Bernardino or to any public utility, and there are hereby 13 specifically reserved for Southern California Edison, General Telephone, and 14 Comcast Cablevision, over the entire portion of the proposed vacation, ease- 15 ments to construct, place, operate, inspect, maintain, repair, replace and 16 remove such aerial and underground electrical, telephone, and t.elevision 17 transmission structures as the companies may from time to time require, 18 consisting of poles, anchors, wires, cables, conduits, manholes, markers, 19 and necessary fixt.ures and appurt.enances. Said easements include right.s of 20 ingress and egress. 21 SECTION 5. That the Cit.y Engineer of t.he City of San Bernardino 22 is hereby directed to cause Notices of Street Vacation to be posted as 23 required by the Public Streets, Highways and Services Vacation Law. 24 SECTION 6. That the City Clerk shall certify to the adoption of 25 this Resolut.ion of Int.ent.ion and shall cause t.he same to be published once a 26 week for two successive weeks in The Sun, a newspaper published and circu- 27 lated in the City of San Bernardino, prior to t.he date of the above public 28 hearing. 10/17/94 2 .. ALLEY VACATION: EAST/WEST ALLEY BETWEEN MAGNOLIA AND EVANS, AND BETWEEN- nE" AND "F" STREETS, AND THE NORTH/SOUTH LEG WESTERLY OF "E" 94-354 19 20 21 22 23 24 25 26 27 28 10/17/94 1 I HEREBY CERTIFY t.hat the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the Cit.y of San Bernardino at a 3 reqular meeting thereof held on the ~st_ day of -Novpmhpr 4 1994, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COUNCIL MEMBERS: AYES NAYS NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x ABSTAIN -- ABSENT r?-^ ,.tl_~_____ ~~ity Clerk The resolution is hereby approved this 22nd day foregoing of November . 1994. _________c )1/, / OJ'rl Lltf./lt cA-.. TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~n~~{}j'< _____ 3