HomeMy WebLinkAbout10294
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RESOLUTION NO. ~t?"z7'~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BE-
TWEEN SAID CITY AND SOUTHERN PACIFIC RAILWAY COMPANY CONCERNING
THE EXEMPTION OF A LAND RECLAMATION SITE FROM EXCAVA~ION AND
GRADING REQUIREMENTS SUBJECT TO COMPLIANCE WITH A CONDITIONAL
DEVELOPMENT PERMIT. .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement between said City and the Southern Pacific Railway
Company concerning the exemption of a land reclamation site from
excavation and grading requirements subject to compliance with a
conditional development permit, a copy of which is attached
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hereto, marked Exhibit nAn, and referred to and made a part hereo~
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as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Ber-
nardino at q,.101~nA,,]~d/-J)'?1/,I/),A meeting thereof, held
on the -;tf), day of . 1./-4,' , 1970 by the following vote,
to wit:
AYES:
cZ:~'i~::;ii, :':;/;lf~7;2'A.
~17J .
NOES:
ABSENT: '-/2#--, tJ
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The foregoing resolution is
day of 1-"")' ' 1970.
c;;6,n//J~
C1. ty lerk
he~eby approved this ~~
San Bernard1.no
Approved as to form: Pro
~fI/~
(p)
FILED
JUN 9 1970
L~C.!}J-E. ~OFORrH, ,City C1, erk
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AGREEMENT
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(land reolamation)
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THIS AGRBEMEN'l' iB made and entered int.o at San Bernardino,
CaUfo:mla, this day of , 1970:, by and
bet.ween the CITY or SAN BBRNARDINO, a lIItIDJ.olpal corporation,
hereinafter called "City", and SOU'J.'BERN PACII'IC RAILWAY COMPANY,
a corporation, hereinafblr Galled "COIIIp4DY".
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w ! '1' !! E S S ! 'l'!1
The par1:ies hereto aqree ufollows:
1. COIIIpuy shall be exeJlp'td fram the provisions of
11, Chapt.er 70 of the Uaifonl Buil41119 Code and the UD1form Bu1141119
12' Ordinanoeof said Ci ~ relat.in~ to requirement.sfor ex_vaUon
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anel 9ra41.~ for itsoperaUoJllS on and use of lanel owned by OWner
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and ,enerally looat.ed w_t of Rancho Avenlleand DOrthof Rialto
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Avenue, bUlllJ approximately 80 'feet. by 500 feet., Bre put.1oularly
described in Exhibit "I" at.t.ached hereto and incorporated herun
by thi. referenoe u fully uthOu9h setfor1th at. leJl9t:h, ua
land reclamation dte, provided company obtains and thereafur
oontinuo\l81y complie. with CondiUonal Development PerlldtNo. 509
for such operations and Wle obtained by 1t from thePlanninq
Coamdsaion and the Mayor and COIIIIIIOft Council of said City.
2. Company a9r... 1:0 comply witheaohoolldU:ion and
requirement of 8uchoonditional development peJ.'ll1t 4Urin9 the
duration of such p.rmit~ and any future amendments thereto.
3: The exemption provided for in Paraqraph .1 of this
agore_ent. shall beappliClllble1io Ccapany 80 long' u i toomplie.
witheaob cond! tion and requirement. of suchpermi t., of Secri:ion
. 7003; .paraqraph 7 'of 8aid Code and Ord1nanceand of this
aqreement.
. 4. Company shall reoord thiBaqreement witht.'1e coun~
Recorder of San Bernardino County not later than t.en (10) days
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1 after it. execution.
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AT'l'EST:
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11 Approve<< a. t.o form:
12 I_I ....,.,.... ......
13 City At:t:orney
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CITY OP SAN BBRNARDXHO,
a municipal cozporation
By I~~~f/(p!:/
SQUTUM PACII'IC ltULWAY
COMPARY, aClO:rporatio1'1
By
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A strip of land one hundred (100) feet in width .ituate
in the County of San Bernardino, state of California, and being
a portion of the northeast quarter (NEl/4) of the southeast
quarter (SEl/4) of the northwest quarter (NWl/4) artd a portion
of the southeast quarter (SEl/4) of the southeast quarter (SEl/4)
of the northwest quaJ;'ter (NWl./4) of Section 7, 'l'owflShip 1 south,
Range 4 west, of the san Bernardino ..s. and Meridi~, said
strip of lend one hundred (100) feet in width being' more p,~ou-
larly desedbed as being' fifty (50) teet On each side of1:he
following described surveyed center line of the Paeific Electr10
Railway, to wit:
Beginning at Engineers stat:icn 2882+35.30 01. said surveyed I
center line, said station 2882+35.30 being in the westerly line
of the nor1:heast quarter (NB1/4) of the south...t quar~r (SE1/4)
of the north~.t quarter (NW1/4) of said Section 7 ,and distant
northerly twenty three ( 23 )...t ~ more or le8., frCBII t:he south-
west oorner of said north.astquartei: (NE1/4) of 1:he southeast
quarter (811/4) of the northw.st quarter (NWl./4) of said.Seotion
7, thence ~rOlll said point of beginnin9 north 89-$3'30" flast,
six hun4r6atwenty seven and eight tenths (627.8) feet to
Engineers Station 2888+63.10 of said surveyed aem:er Ibe, said
Station 2888+'3.10 being in the n~hwesterly line of t~ ri9ht-
of-way of the Atchison, Topeka' Santa Fe Railway, and distant
southwesterly, when measured aloft9 said northwes~.rly line of
uid riqht-of-way of the Atohbon, Topeka' Santa !'e Railway,
thirty four and seven tenths. (34 .1) t.et, more or :I....., frOlll the
in~erseetion of said northwes~ly line of s.id right-of-w.y of
the A~c:hbon, Topeka , Santa ,. :aaUway, with the .asterly li..
of said northeast quarter (NZl/4) 'of the southeast quarter (SEl/4
of the northwest quarter (NWl/4) of said Seetion7. .
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