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HomeMy WebLinkAbout1989-246 \. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06/20/89 RESOLUTION NO. 89-246 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC UTILITY EASEMENT AND AN EASEMENTS FOR DRAINAGE PURPOSES AND FOR PARK AND RECREATION PURPOSES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of portions of Chestnut Avenue, between Irvington Avenue and Ohio Avenue, more particularly described in City Resolution of Intention No. 89-217 , hereby fi nd from all of the evi dence submi tted tha t such street proposed to be vaca ted by sa i d Reso 1 uti on is unnecessary for present or prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate portions of Chestnut Avenue, between Irvington Avenue and Ohio Avenue, San Bernardino, California, more particularly described as f 011 ow s : Those porti ons of Chestnut Avenue as de 1 i nea ted on the Map of the Irvington Land and Water Company Subdivision, as per p 1 a t thereof, recorded in Book 1 0 f Records of Survey, Page 32, Records of the County Recorder of San Bernardino County, State of California: PARCEL NO.1: Beginning at the intersection of the Northeasterly line of Irvington Avenue, 60.00 feet wide, and the Northwesterly line of Chestnut Avenue, 60.00 feet wide, as sa i d streets were reduced in wi dth by acti on of the San Bernardi no County Board of Supervi sors, dated February 21, 1910; thence Northeasterly along said Northwesterly line of Chestnut Avenue to the Southwesterly line of Belmont Avenue, 60.00 feet wide, as said street was reduced in width by action of the San Bernardi no County Board of Supervi sors, da ted February 21, 1910; thence Southeasterly along said Southwesterly line of said Belmont Avenue, a distance of 60.00 feet, to the Southeasterly line of said Chestnut Avenue; thence Southwesterly along said Southeasterly line to said Northeasterly line of Irvington Avenue; thence ~ .... 06/20/89 STREET VAEATION: PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Northwesterly, along said Northeasterly line, a distance of 60.00 feet to the Point of Beginning. PARCEL NO.2: Beginning at the intersection of the Northeasterly line of Belmont Avenue, 60.00 feet wide, and the Northwesterly line of Chestnut Avenue, 60.00 feet wide, as said streets were reduced in wi dth by acti on of the San Bernardi no County Board of Supervi sors, da ted February 21, 1910; thence Northeasterly along said Northwesterly line of Chestnut Avenue to the Southwesterly line of Ohio Avenue, 60.00 feet wide, as said street was reduced in width by action of the San Bernardino County Board of Supervisors, dated February 21, 1910; thence Southeasterly along said Southwesterly line of said Ohio Avenue, a distance of 60.00 feet, to the Southeasterly line of said Chestnut Avenue; thence Southwesterly along said Southeasterly line to said Northeasterly line of Belmont Avenue; thence Northwesterly, along said Northeasterly line, a distance of 60.00 feet to the Point of Beginning. And is also described in said Resolution of Intention No. 89-217. SECTION 3. Nothi ng in thi s Reso 1 uti on sha 11 in any a ffect or disturb any existing easements for public utility purposes belonging to ei ther the City of San Bernardino or to any pub 1 i c uti 1 i ty, and there is hereby specifically reserved, for Southern California Edison, the easement and right at any time, or from time to time, to construct, place, operate, inspect, ma i nta in, repa i r, replace and remove such aeri a 1 and underground electrical structures as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fi xtures and appurtenances, i ncl udi ng the ri ght of ingress and egress thereto. Also, specifically reserved, is an easement in, over, under and across the Westerly 45.00 feet of said vacated area for the Chestnut Drain and appurtenant facilities and for Park and Recreation purposes. The easements herein granted to the City of San Bernardino shall include the 26 right to construct, reconstruct, inspect, maintain and repair the 27 appurtenant facilities. 28 The easements herein granted shall also include the 2 ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06/20/89 STREET VACATION: PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON AVENUE - ---l the ri ght to use such areas adjacent to the easements as may be reasonab 1 y necessary for performi ng the work and for access to the work duri ng construction and includes rights of ingress and egress. The entire surface of the drainage easement shall be available for use as hiking trails, bridle paths and other recreational uses as determined by the Planning and Park and Recreation Departments. SECTION 4. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of San Bernardino. * * * * * * * * 3 1- "- 25 26 27 06/20/89 28 . . . STREET. VACATION: PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON AVENUE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney Hayor and Common Counci 1 of the Ci ty of San Bernardi no a t a 17th day regular meeting thereof held on the July , 19 89 ,by the following vote, to-wit: AYES: Council Members Estrada, Reilly, Flores, Maudlsey, Minor, Pope-Ludlam NAYS: None ABSENT: Council Member Miller / oeI;j:;L//?~/~.;~/ City Clerk /q {il. The foregoing resolution is hereby approved this day of ,19 89 . July 22 23 BY:~ j ./ 24 4 of