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HomeMy WebLinkAbout2007-335 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 4 5 6 7 8 RESOLUTION NO. ?007-11~ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway 9 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence 10 11 12 offered in relation to the proposed vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue, described in Resolution of Intention No. 2007-210, hereby find from all of the evidence submitted that proper notice has been given and that such street/alley 13 proposed to be vacated by this Resolution is unnecessary for present and prospective street 14 15 purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate an east- 16 17 west alley, northerly of Little League Drive and east of Magnolia Avenue, more fully described 18 as follows: Beginning at the intersection ofthe northwesterly right-of-way line of Chestnut Avenue (60.00 feet in width) and the southwesterly right-of-way line of said alley, said intersection also being the northeasterly comer of said Lot I; Thence, along said southwesterly right-of-way line of alley, said southwesterly line also being the northeasterly lines of said Lots I through 8, North 59015' 30" West, a distance of712.23 feet to its intersection with the northeasterly line of that certain easement (Little League Drive) granted to the City of San Bernardino, Recorded April 18, 1972 in Book 7911 Page 578 Official Records of said County; Thence, along said northeasterly line, North 460 36' 39" West, a distance of 91.34 feet to its intersection with the northeasterly right-of-way line of said alley; Thence, along said northeasterly right-of-way line, South 590 15' 30" East, a distance of 800.38 feet to its intersection with said northwesterly right-of-way line of Chestnut Avenue; Thence, along said northwesterly right-of-way line, South 27057' IS" West, a distance of 20.02 feet to the Point of Beginning. 07/09/07 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TlON OF AN EAST- WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 2 3 4 5 6 7 8 9 10 11 12 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Charter Communications, its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, 13 14 15 16 17 18 19 exempt from the requirements of the California Enviromnental Quality Act (CEQA), pursuant to 20 maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress. The temporary easements set forth herein shall terminate upon relocation or abandomnent of the affected utilities. SECTION 4. It is hereby determined that the vacation of said alley is categorically 21 Class I, Section 15301(c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of 22 23 this Resolution with the San Bernardino County Recorder's office. 24 25 26 //1 //1 27 /I / 28 07/09/07 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST- WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 2 3 4 Common Council of the City of San Bernardino at a j oint regular 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof 9 10 11 12 13 14 15 16 17 18 19 held on the 6th day of August wit: Council Members: AYES NAYS ESTRADA X BAXTER X X BRINKER DERRY X KELLEY X JOHNSON X MCCAMMACK X ABSTAIN , 20~, by the following vote, to ABSENT ~ 1:1. ~ City lerk 20 The foregoing resolution is hereby approved this -.!ii~ day of AtlgtlRt 21 22 23 24 25 26 27 28 , 20--DL-. yor Approved as to form: S F. PENMAN ty Attorney 07/09107 3