HomeMy WebLinkAbout2008-421
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RESOLUTION NO. 2008-421
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND
COLLEGE DRIVE AND RESERVING UTILITY EASEMENTS THEREIN AND AN
EASEMENT FOR EMERGENCY VEHICLE ACCESS.
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
Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence
offered in relation to the proposed vacation of a portion of "H" Street, between Huff Street and
College Drive, described in Resolution ofIntention No, 2008-367, hereby find from all of the
evidence submitted that proper notice has been given and that such street proposed to be vacated
by this Resolution is unnecessary for present and prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
portion of "H" Street, between Huff Street and College Drive, more fully described as follows:
All those portions of "H" Street, a portion of which was dedicated as Harold Avenue 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 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
09/22/08
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2008-421
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY
EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEmCLE ACCESS.
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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
and egress thereto; and there is specifically reserved for Southern California Gas Company, its
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 Verizon, its successors, heirs and assigns, an easement to construct,
place, operate, inspect, maintain, repair or replace underground and overhead structures
consisting of wires, cables and necessary fixtures and appurtenances and said easement shall
09/22/08
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2008-421
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY
EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE ACCESS.
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3 includes rights of ingress and egress; and there is specifically reserved for the City of San
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Bernardino and its successors and assigns, an easement over the entire area proposed to be
vacated for emergency vehicle access,
SECTION 4. It is hereby determined that the vacation of said street is categorically
exempt from the requirements of the Califomia Environmental Quality Act (CEQA), pursuant to
Class 1, Section 15301(c),
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
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this Resolution with the San Bernardino County Recorder's office,
III
III
09/22/08
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2008-421
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY
EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE ACCESS.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof
held on the 3 rd
day of November
, 20 08 , by the following vote, to
wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
x
ESTRADA
BAXTER
x
BRINKER
x
x
DERRY
KELLEY
x
x
JOHNSON
MCCAMMACK
x
~k.~
The foregoing resolution is hereby approved this ~ day of November
2008
'-
Approved as to form:
7-.f~
S F. PENMAN
ity Attorney
09/22/08
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