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HomeMy WebLinkAbout1989-360 .- 08-23-89 1 RESOLUTION NO. 89-360 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF TWO EAST/WEST ALLEYS, BETWEEN MASSACHUSETTS AVENUE 3 AND GARNER AVENUE AND BETWEEN 15TH STREET AND 16TH STREET AND RESERVING EASEMENTS THEREIN. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That the Mayor and Common Council of the City of San 8 Bernardino hereby declares its intention to order the vacation of the two 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 East/West alleys between Massachusetts Avenue and Garner Avenue, and between 15th Street and 16th Street, described as follows: Alley #1 - Beginning at the Southwest corner of Lot 1 of Block 1 of Tract No. 2668, as per map recorded in Book 37 of Maps, Page 84, in the office of the County Recorder of San Bernardino County, State of California, said point also being in the East line of Garner Avenue, 60.00 feet wide; thence East, along the South lines of Lots 1, 2, 3, 4, 5,6, 7,8, 9 10, 11 and 12 of said Block 1, a distance of 740 feet, more or less, to the Southeast corner of said Lot 12, said point also being in the West line of Massachusetts Avenue, 50.00 feet wide; thence South, along the Southerly prolongation of the East line of sai d Lot 12, a di stance of 15 feet, more or less, to the Northeast corner of Lot 13 of said Block 1, said point also being in the West line of said Massachusetts Avenue; thence West along the North lines of Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of said Block 1, a distance of 740 feet, more or less, to the Northwest corner of Lot 24 of said Block 1, said point also being in the East line of said Garner Avenue; thence North along the Northerly prolongation of the West line of said Lot 24, a distance of 15 feet, more or less, to the Point of Beginning. Alley #2 - Beginning at the Southwest corner of Lot 1 of Block 2 of Tract No. 2668, as per map recorded in Book 37 of Maps, Page 84, in the office of the County Recorder of San Bernardino County, State of California, said point also being in the East line of Garner Avenue, 60.00 feet wide; thence East along the South lines of Lots 1, 2, 3, 4, 5, 6, 7,8,9, 10, 11 and 12 of said Block 2, a distance of 740 feet, more or less, to the Southeast corner of said Lot 12, said point also being in the West line of Massachusetts Avenue, 50.00 feet' wide; thence South, along the Southerly prolongation of the East line 1 ... 08-23-89 srREET/ALLEY VACATION: TWO EAST/WEST ALLEYS BETWEEN MASSACHUSET7S & GARNER 1 2 3 4 5 6 7 8 9 10 11 of said Lot 12, a distance of 15 feet, more or less, to the Northeast corner Qf Lot 13 of said Block 2, said point also being in the West line of said Massachusetts Avenue; thence West along the North lines of Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of said Block 2, a distance of 740 feet, more or less, to the Northwest corner of Lot 24 of said Block 2, said point also being in the East line of said Garner Avenue; thence North along the Northerly prolongation of the West line of said Lot 24, a distance of 15 feet, more or less, 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, elects to proceed under and in accordance with the provisions of Chapter 3 of the IIpub1ic Streets, Highways and Service Easements Vacation Lawll, being Division 9, Part 3, of the Streets and Highways Code of the State of 12 California. 13 SECTION 3. That the hour of 10:00 A.M. on the 16th of 14 October, 1989, in the Counci 1 Chamber of the Ci ty Ha 11, San Bernardi no, 15 California, be, and the same hereby is fixed as the time and place when and 16 where all persons interested in or objecting to the proposed vacation may 17 appear before the said Mayor and Common Council and offer evidence in 18 relation thereto. For further particulars as to the proposed vacation of 19 the hereinbefore described portion of said street, reference is made to that 20 map marked IIP1an No. 776311 approved May 15, 1989, on file in the office 21 of the City Clerk of said City. 22 SECTION 4. Nothing in this Resolution shall in any way affect or 23 disturb any existing easements for public utility purposes belonging either 24 to the City of San Bernardino or to any public utility, and there is hereby 25 specifically reserved, easements for General Telephone and Southern 26 California Edison to construct, place, operate, inspect, maintain, repair, 27 replace and remove such aerial and underground telephone, telegraph 28 and communication structures and electrical transmission structures, 2 . " ~ 08-23-89 STREET/ALLEY VACATION: TWO EAST/WEST ALLEYS BETWEEN MASSAtHUSETTS & GARNER 1 respectively, as the companies may from time to time require, consisting of 2 poles, anchors, wires, cables, conduits, manholes, markers and necessary 3 fi xtures and appurtenances. There is a 1 so speci fi ca lly reserved for the 4 Ci ty of San Bernardi no, an easement in, over, under and across the enti re 5 area of the proposed area of vacation, for sanitary sewer and all 6 appurtenant faci 1 i ti es. 7 SECTION 5. That the City Engineer of the City of San Bernardino 8 hereby is directed to cause Notices of Street Vacation to be posted as 9 required by the Public Streets, Highways and Services Vacation Law. 10 SECTION 6. That the City Clerk shall certify to the adoption of 11 this Resolution of Intention and shall cause the same to be published once a 12 week for two successive weeks in The Sun, a newspaper published and 13 circulated in the City of San Bernardino, prior to the date of the above 14 public hearing. 15 16 17 18 / / / / 19 20 / / / / 21 22 / / / / 23 24 / / / / 25 26 / / / / 27 28 / / / / / / / / / / / / / / 3 , "! t" .a- 3 4 5 6 7 8 9 10 11 12 13 14 15 of 16 17 18 STREET/ALLEY VACATION: TWO EAST/WEST ALLEYS BETWEEN MASSACHUSETTS & GARNER 1 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 regular meeting thereof held on the 18th day of September , 1989 , by the following vote, to-wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~4?(;~ Cl ty C erk The foregoi ng reso 1 uti on is hereby approved thi s 'y::;:;~f( day /' . ( ~- L l.. 1 J/~zZ:z~ /":-L / , 19cf7 . 19 20 Approved as to form and legal content: 21 22 23 24 25 26 27 28 08-23-89 James F. Penman, Ci ty Attorney ~ \ I \ //' by: ., "~ ?, /) e;V"V"l^'~ / f I / :".~_/' 4