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HomeMy WebLinkAbout2009-037 1 RESOLUTION NO. 2009-37 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE mGHWAY 206) EAST OF "H" STREET AND RESERVING AN 4 ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY RESTAURANT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of a portion of Kendall Drive (formerly State 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Highway 206) east of "H" Street as depicted on the attached map marked as Exhibit "A" and described herein as follows: That portion of Kendall Drive described in the Deed to the State of California, recorded October 8,1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of California, and relinquished to the City of San Bernardino in document recorded January 2, 1992, as Document No. 92-000403, Official Records, of said County, and further described as follows: That portion of the northeast quarter of Section 21, all in Township 1 North, Range 4 West, San Bernardino Base and Meridian, described as follows: BEGINNING at the most northwesterly corner of said Deed to the State of California; Thence along the northerly line of said Deed, and along its various courses and distances as follows: South 60030' 00" East, a distance of 187.65 feet; Thence along a curve to the right, with a radius of 1550 feet, through an angle of250 57' 00", a distance of702.01 feet; Thence South 34033' 00" East, a distance of91.49 feet to the northwest corner of that parcel ofland described in Deed to Lynne Threadgill, recorded August 7,1975, in Book 8737, Page 818, Official Records, of said County; Thence leaving said northerly line, South 550 27' 00" West along the westerly line of said parcel and its southerly prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured at right angles, said northerly line of the property described in the Deed to the State of California; Thence northwesterly along said parallel line, and following its various courses and distances as follows: 02/09/2009 1 2009-37 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 V ACA TION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF 3 "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTA WA Y RESTAURANT. 4 5 6 7 8 9 10 North 34033' 00" West, a distance of91.49 feet; Thence along a curve to the left, with a radius of 1350 feet, through an angle of250 57' 00", a distance of 611.43 feet; Thence North 600 30' 00" West, a distance of 72.18 feet, more or less, to the west line of said property described in the Deed to the State of California; Thence North 00 30' 00" West, a distance of 230.94 feet, more or less, to the POINT OF BEGINNING. 11 12 13 vacating the above described portion of said street, elects to proceed under and in accordance SECTION 2. That the Mayor and Connnon Council of the City of San Bernardino, in 14 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 15 16 17 18 19 20 21 22 23 24 25 26 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, April 6, 2009, 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 appear before the said Mayor and Connnon Council and offer evidence in relation thereto. For further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 12528", approved by the Mayor and Connnon Council on 09/15/2008, a copy of which is on file in the office ofthe City Clerk of said City. 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 27 0 any public utility; and there is specifically reserved to Clara Lynne Threadgill, successor 28 rustee of the Lyndon Allen Farrar Trust dated October 5, 1990 as amended and restated on 2/25/09 2 2009-37 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTA WA Y 3 RESTAURANT. 4 September 5, 1991 for the benefit of the Castaway Restaurant and its successors, heirs and 5 assigns, a revocable easement over the following described area proposed to be vacated for 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 vehicle access and landscaping purposes: That portion of Kendall Drive described in the Deed to the State of California, recorded October 8, 1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of California, and relinquished to the City of San Bernardino in document recorded January 2, 1992, as Document No. 92-000403, Official Records, of said County, and further described as follows: That portion of the northeast quarter of Section 21, all in Township 1 North, Range 4 West, San Bernardino Base and Meridian, described as follows: BEGINNING at the northwest corner of that parcel ofland described in Deed to Lynne Threadgill, recorded August 7,1975, in Book 8737, Page 818, Official Records, of County of San Bernardino, State of California; Thence South 550 27' 00" West along the westerly line of said parcel and its southerly prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured at right angles, the northerly line of said property described in the Deed to the State of California; Thence northwesterly along said parallel line, North 34033' 00" West, a distance of 91.49 feet, to a tangent curve concave southwesterly, having a radius of 1350 feet; Thence northwesterly along said curve, through a central angle of 5044' 03", an arc distance of 135.11 feet; Thence South 76057' 24" East, a distance of306.58 feet, to the POINT OF BEGINNING. SECTION 5. That the Director of Development Services of the City of San Bernardino 24 is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public 25 26 27 28 Intention and shall cause the same to be published once a week for two successive weeks in The Streets, Highways and Service Easements Vacation Law." SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 02/25/09 3 2009-37 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTA WAY 3 RESTAURANT. 4 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 5 set forth for the public hearing. 6 //1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/09/09 4 2009-37 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 V ACA TION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY 3 RESTAURANT. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Joint Reilular meeting thereof 6 held on the 2nd 7 day of March , 20~, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x (VACANT) KELLEY x JOHNSON x MCCAMMACK x Q~.k.~ City 'clerk The foregoing resolution IS hereby approved this ~ day of March 20~. ~ Approved as to form: CK 1. MORRI , of San Bernardino ES F. PENMAN C' Attorney 02/09/09 5 ,I- '1&.1 ,~ ... CI) = . ;r:1 = 2009-37 EXHIBIT "A" I ~ ~Oq, I ~ C'o~ ~ ~ POB o~ C'''''''''~ ~~ ~7 i I . I ~ ~ ~ g ~I I I .;\f 01~ :3u '=0 e- 'W ~I~ <2.!l 09$ ~ '- :! ~" ~Q; SAN BERNARDINO COUNTY FLOOD CONTROL -LITTLE MOUNTAIN DAM- LINE DATA LINE BEARING LENGTH Ll S 60'30'00" E 167.65' L2 S 34'33'00" E 91.49' L3 S 55'2700" W 200.00' L4 N 34033'00" W 91.49' L5 N 60'30'00" W 72.18'% L6 N 0'30'00" W 230.94' % CURVE DATA CURVE A . RADIUS LENGTH Cl 25'57 1550' 702.01' C2 25' 57' 1350' 611.43' CITY OF SAN B RNARDINO I PLAN NO. 12528 PUBLIC WOR S DIVISION I I. Sa R.~OP TY SECTION Sheet ..1. of ~! Approved:_ . __.__~ate: ~B I City EnglMef' ~~- .0eated by: RYAN SANDOVAL Date: 07-24-08 Checked by: t-.AS:z.J,t, 1#1tf~ Date:" '''tot PORTION NE /4, SECTION 21, T1 N, R4W, S.B.M. PROPOSED VACATION OF A PORTION OF KENDALL DRIVE, EAST OF "H" STREET, IN THE CITY OF SAN BERNARDINO. LEGEND: r:X><;<NM = AREA OF VACATION File No. :15.30-399