HomeMy WebLinkAbout2008-367
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RESOLUTION NO. ?nnil-":lh 7
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF "H" STREET,
3 BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY
4 EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE
ACCESS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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hereby declares its intention to order the vacation of a portion "H" Street, between Huff Street
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino
and College Drive as depicted on the attached map marked as Exhibit "A" and described herein
as follows:
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All those portions of "H" Street, a portion of which was dedicated as Harold A venue on
the Map of Urbita, recorded in Book 3 of Maps, Page 54, records of the County of San
Bernardino, State of California, and a portion of Lot 5, Block 28, Rancho San
Bernardino, as dedicated to the City of San Bernardino for right-of-way purposes in
Document recorded on July 9, 1926, in Book 116, Page 322 of Official Records of said
County, and a portion of Lots 1, 2, 3, and 4, Block 28, Rancho San Bernardino, as
dedicated to the City of San Bernardino for right-of-way purposes in Document recorded
on July 28, 1948, in Book 2269, Page 29 of Official Records of said County, lying
between the westerly prolongation of the southerly line of Huff Street, 60 feet wide, as
dedicated to the City of San Bernardino in Document recorded on September 17, 1953, in
Book 3243, Page 59, Official Records of said County, and the westerly prolongation of
the northerly line of College Drive (formerly known as College Street), 60 feet wide, as
dedicated to the City of San Bernardino in Document recorded on September 17, 1953, in
Book 3243, Page 56, Official Records of said County.
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 the "Public Streets, Highways, and Service Easements Vacation Law",
being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 4:30 p.m., on Monday, October 20, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
and place when and where all persons interested in or objecting to the proposed vacation may
08120/08
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2008-367
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHICLE ACCESS.
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4 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
5 further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
6 12456", approved by the Mayor and Common Council on 07/0712008, a copy of which is on file
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in the office of the City Clerk of said City.
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SECTION 4. 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 the City of San Bernardino, its
successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the
entire area proposed to be vacated, including the right at any time, or from time to time, to
construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the
right of ingress and egress thereto; and there is hereby specifically reserved for Southern
California Edison, its successors, heirs and assigns, an easement over the entire area proposed to
be vacated, 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, manholes markers and necessary fixtures
and appurtenances and said easement shall include rights of ingress and egress; and there is
hereby specifically reserved for the City of San Bernardino Municipal Water Department, an
easement for water utility purposes over the entire area proposed to be vacated, including the
right at any time, or from time to time, to construct, maintain, operate, replace and renew one or
more pipelines or appurtenances thereto for the transportation of water and for the construction
and maintenance of water wells and related incidental purposes, including the right of ingress
08/20/08
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2008-367
1 RESOLUTION OF THE CiTY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHICLE ACCESS.
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4 and egress thereto; and there is specifically reserved for Southern California Gas Company, its
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successors, heirs and assigns, an easement over the entire area proposed to be vacated, to
construct, place, operate, inspect, maintain, repair and replace underground pipes and necessary
fixtures and appurtenances and said easement shall include rights of ingress and egress; and there
is specifically reserved for V erizon, its successors, heirs and assigns, an easement to construct,
place, operate, inspect, maintain, repair or replace underground and overhead structures
11 consisting of wires, cables and necessary fixtures and appurtenances and said easement shall
12 includes rights of ingress and egress; and there is specifically reserved for the City of San
13 Bernardino and its successors and assigns, an easement over the entire area proposed to be
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vacated for emergency vehicle access.
SECTION 5. That the Director of Development Services of the City of San Bernardino
is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public
Streets, Highways and Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
set forth for the public hearing.
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08/20/08
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2008-367
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHICLE ACCESS.
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5 Common Council of the City of San Bernardino at a
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
meeting thereof
held on the 15th
day of
, 20~, by the following vote, to
September
wit:
Council Members: AYES
ABSTAIN ABSENT
NAYS
ESTRADA X
BAXTER X
BRINKER X
DERRY X
X
KELLEY
JOHNSON X
MCCAMMACK X
~h.~
City Clerk
The foregoing resolution IS hereby approved this
2008
10711
lj day of
September
Approved as to form:
yor
ES F. PENMAN
Attorney
08/20/08
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2008-367
EXHIBIT "A"
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PROPOSED VACA nON OF A PORTiON OF "H" STREET
'BETWEEN HUFF STREET AND COLLEGE DRiVE
CITY OF SAN BERNARQINO PLAN NO. 12456
PUBLIC WORK DIVIS-ION I
REAL PROPE SeCTION Sheet 1 of 1
Approved:
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C", eated by'. . "'";".j J ;'
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Checked by:
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Date '/t ,;I
Date:
File No,15,30.398
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