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HomeMy WebLinkAbout1992-057 , 01/27/92 ," 1 2 3 4 5 92-57 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF IRVINGTON AVENUE, WESTERLY OF MAGNOLIA AVENUE AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILI- TIES AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That the Mayor and Common Council of the City of San 7 Bernardino hereby declare their intention to order the vacation of a 8 portion of Irvington Avenue, Westerly of Magnolia Avenue, described as 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: Those portions of Irvington Avenue, as delineated on the Map of Irvington Land and Water Company Subdivision. as per plat thereof recorded in Book 1 of Records of Survey, Page 32, Records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL NO.1: Beginning at a point in the Northeasterly line of Irvington Avenue, 60 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors, dated February 21. 1910, said point being Northwesterly thereon. a distance of 32 feet from the centerline of Magnolia Avenue; thence Northwesterly along said Northeasterly line of Irvington Avenue to a point in said Northeasterly line which is Southeasterly thereon, a distance of 44 feet from the centerline of Little League Drive; thence Southwesterly at right angles, to the Southwesterly line of said Irvington Avenue; thence Southeasterly along said Southwesterly line to a point in said Southwesterly line which is Westerly thereon, a distance of 32 feet from the center- line of said Magnolia Avenue; thence Northeasterly at right angles, to the Point of Beginning. PARCEL NO.2: Beginning at a point in the Northeasterly line of Irvington Avenue. 60 feet wide. as said street was reduced in width by action of the San Bernardino County Board of Supervisors, dated February 21, 1910, said point being Northwesterly thereon, a distance of 44 feet trom the centerline of Little League Drive; thence North- westerly along said Northeasterly line of Irvington Avenue to the Westerly boundary of said Map of Irvington Land and Water Company Subdivision; thence Southwesterly along said Westerly boundary to the Southwesterly line of 1 01/27/92 STREET VACATION: PORTIQN OF IRVINGTON AVENlm, WESTERLY. OF M~GNOLIA AVENl~ 92-57 1 2 3 4 5 6 said Irvington Avenue; thence Southeasterly along said Southwesterly line of Irvington Avenue to a point in said Southwesterly line which is Northwesterly thereon, a distance of 44 feet from the centerline of said Little League Drive; thence Northeasterly at right angles, to the Point of Beginning. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said street, elect to 7 proceed under and in accordance with the provisions of the "Public Streets, 8 Highways and Services Vacation Law", being Division 9, Part 3, of the 9 Streets and Highways Code of the State of California. 10 SECTION 3. That the hour of 10:00 A.M. on the 16th day of March, 11 1992, in the Council Chamber of the City Hall, San Bernardino, California, 12 be, and the same hereby is fixed as the time and place when and where all 13 14 15 16 17 18 19 persons interested in or objecting to the proposed vacation may appear before said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation of the here- inbefore described portion of said street, reference is made to that map marked "Plan No. 8601" approved November 4, 1991, on file in the office of the City Clerk of said City. SECTION 4. Nothing in this Resolution shall in any way affect or 20 disturb any existing easements for public utility purposes belonging 21 either to the City of San Bernardino or to any public utility and there 22 is further reserved for present and future general public utility purposes, 23 and for this City, an easement reasonably necessary to locate sanitary sewer 24 and appurtenant facilities in, over, under and across the Northwesterly 15 25 feet of that portion of Irvington Avenue lying Southwesterly of Little 26 League Drive, along with the right to construct, use, install, maintain, 27 repair, replace or renew such facilities. The easement herein granted to 28 the City of San Bernardino shall include the right to use such areas 2 STREET VACATION: PORTION OF IRVINGTON AVENUE, WESTERLY, OF M~GNOLIA AVENUE 92-57 1 adjacent to the easement as may be reasonably necessary for performing the 2 work and for access to the work during construction and includes rights of 3 ingress and egress. There is also specifically reserved, an easement for 4 Southern California Gas Company, over the Southeasterly 45 feet of that 5 portion of Irvington Avenue lying Northwesterly of Little League Drive, to 6 construct, place, maintain, operate, inspect, repair, replace and renew one 7 or more pipelines and appurtenances thereto for the transportation of 8 natural gas, and for incidental purposes, including the right of ingress and 9 egress thereto. 10 SECTION 5. That the City Engineer of the City of San Bernardino 11 is hereby directed to cause Notices of Street Vacation to be posted as 12 required by the Public Streets, Highways and Services Vacation Law. 13 SECTION 6. That the City Clerk shall certify to the adoption of 14 this Resolution of Intention and shall cause the same to be published once a 15 week for two successive weeks in The Sun, a newspaper published and 16 circulated in the City of San Bernardino, prior to the date of the above 17 public hearing. 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 01/27/92 3 01/27/92 STREET VACATION: PORTION OF IRVINGTON AVENUE, WESTERLY,OF MAVNOLIA AVENUE 92-57 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof held on the 17th _ day of February 4 1992, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 COUNCIL MEMBERS: AYES ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X NAYS ABSTAIN -.---.-- ABSENT ~r? ~_ ~~_____ R~KraSney. city'-cIerk-~~~- The foregoing resolution is hereby approved this _L~~ day of ______ Fel>ruary_~_____, 1992. 20 21 22 23 24 25 26 27 28 .7 ---0 .7 . / /'7/7 ... . --,L-~ ~L~. / ~~- --::~:!:~------:_---- W< R/Hgicon;b.didY r City of SdIf Berna ino Approved as to form and legal content: James F. Penman, City Attorney fs~ ___~__ 4