HomeMy WebLinkAbout1991-414
RESOLUTION NO. 91-414
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RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE NORTH/SOUTH ALLEY BETWEEN 42ND STREET AND 44TH
STREET, EAST OF SIERRA WAY, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND
APPURTENANT FACILITIES AND 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
Bernardino hereby declares its intention to order the vacation of the North/
South alley between 42nd Street and 44th Street, East of Sierra Way, de-
scribed as follows:
That portion of the Northeast one-quarter (1/4) of the
Southwest one-quarter (1/4) of the Southeast one-quarter
(1/4) of Section IS, Township 1 North, Range 4 West, San
Bernardino Base and Meridian, if said section lines were
extended across the Rancho Muscupiabe, as per plat there-
of recorded in Book 7 of Maps, Page 23, in the office of
the County Recorder of said County, described as follows:
Beginning at a point on the South line of 44th Street, as
conveyed to the City of San Bernardino by deed recorded
July 20, 1937, in Book 1217, Page 263, Official Records
of said County, said point being a distance of 167.75
feet East of the West line of said Northeast one-quarter
(1/4) of said Southwest one-quarter (1/4) of said South-
east one-quarter (1/4) of Section 15; thence South and
parallel with said West line, a distance of 610 feet,
more or less, to a point on the North line of 42nd
Street, as conveyed to the City of San Bernardino by deed
recorded July 16, 1937, in Book 1221, Page 61, Official
Records of said County; thence East along the Easterly
prolongation of said North line of 42nd Street, a dis-
tance of 20 feet; thence North and parallel with said
West line, a distance of 610 feet, more or less, to the
South line of 44th Street, as conveyed to the City of
San Bernardino by deed recorded June 1B, 1979, in Book
9709, Page, 1729, Official Records of said County; thence
West along the Westerly prolongation of said South line
of 44th Street, a distance of 20 feet, to the Point of
Beginning.
SECTION 2.
That the Mayor and Common Council of the City of San
Bernardino, in vacating the above described alley, elects to proceed under
and in accordance with the provisions of the "Public Streets, Highways and
27 Services Vacation Law", being Division 9, Part 3, of the Streets and High-
28 ways Code of the State of California.
09/12/91 1
09/12/91
ALLEY VACATION: NORTH/SOUTH ALLEY BETWEEN 42ND STREET AND 44TH STREET, EAST
OF SIERRA WAY . .
1 SECTION 3. That the hour of 10:00 A.M. on the 4th day of November,
2 1991, in the Council Chamber of the City Hall, San Bernardino, California,
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be, and the same hereby is fixed as the time and place when and where
all
4 persons interested in or objecting to the proposed vacation may appear be-
5 fore said Mayor and Common Council and offer evidence in relation thereto.
6 For further particulars as to the proposed vacation of the hereinbefore
7 described portion of said streets, reference is made to that map marked
8 "Plan No. 8469" approved May 20, 1991, on file in the office of the City
9 Clerk of said City.
10 SECTION 4. Nothing in this Resolution shall in any way affect or
11 disturb any existing easements for sanitary sewer and appurtenant facilities
12 or any easement for public utility purposes belonging either to the City of
13 San Bernardino or to any public utility and there is hereby specifically
14 reserved for the City of San Bernardino, an easement reasonably necessary
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to locate such sanitary sewer and appurtenant facilities, over, in, under
or across the real property hereinabove described and to use, maintain,
repair,
replace
or renew such facilities. There are also specifically
reserved for Pacific Bell Telephone, Chambers Cable of Southern California,
and Southern California Edison, easements over the entire area vacated, to
construct, place, operate, inspect, maintain, repair, replace or remove such
21 aerial and underground telephone, telegraph television and communication
22 structures and electrical transmission structures, respectively, as the
23 companies may from time to time require, consisting of poles, anchors,
24 wires, cables, conduits, manholes, markers and necessary fixtures or
25 appurtenances.
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SECTION 5.
That the City Engineer of the City of San Bernardino
27 hereby is directed to cause Notices of Street Vacation to be posted as
28 required by the Public Streets, Highways and Services Vacation Law.
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ALLEY VACATION: NORTH/SOUTH ALLEY BETWEEN 42ND STREET AND 44TH STREET
EAST OF SIERRA WAY .
1 SECTION 6. That the City Clerk shall certify to the adoption of
2 this Resolution of Intention and shall cause the same to be published once a
3 week for two successive weeks in The Sun. a newspaper published and
4 circulated in the City of San Bernardino, prior to the date of the above
5 public hearing.
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09/12/91 3
09/12/91
ALLEY VA~ATION: NORTH/SOUTH ALLEY BETWEEN 42ND STREE1 AND ~4TH STREET
EAST OF SIERRA WAY
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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
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regular
of
7th
meeting
thereof
held
on the
day
October
, 1991, by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER x
(2 . I ' ")\ .
_ Cu::A~ i/ . "-.J'-tLJ..'~,. -
Rac el Krasney, City Clerk(~
The foregoing resolution is hereby approved this 9th day
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, 1991.
October
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Approved as to form
and legal content:
James F. Penman,
City Attorney
j ~VUJ__
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