HomeMy WebLinkAbout2009-081
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY
4 206) EAST OF "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE
EASEMENT FOR THE CASTAWAY RESTAURANT.
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RESOLUTION NO. 2009-81
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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
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10 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence
11 offered in relation to the proposed vacation of a portion of Kendall Drive (formerly State
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Highway 206) east of"H" Street, described in Resolution of Intention No, 2009-37, hereby find
from all of the evidence submitted that proper notice has beell given and that such street
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proposed to be vacated by this Resolution is unnecessary for present and prospective street
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purposes,
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SECTION 2. The Mayor and Common Council of said City do hereby vacate that
18 portion of Kendall Drive (formerly State Highway 206) east of "H" Street, more fully described
19 as follows:
20 That portion of Kendall Drive described in the Deed to the State of California, recorded Octoher
21 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 .I anuary 2,
22 1992, as Document No, 92-000403, Official Records, of said County, and further described as
follows:
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That portion of the northeast quarter of Section 21, all in Township I North, Range 4 West. San
24 Bernardino Base alld Meridian, described as follows:
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BEGINNING at the most 1I0rthwesterly 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:
03/18/09
2009-81
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION
OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTA WAY RESTAURANT.
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South 600 30' 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,OI feet;
Thence South 340 33' 00" East, a distance of91.49 feet to the northwest corner of that
parcel of land described in Deed to Lynne Threadgill, recorded August 7, 1975, in Book
8737, Page 818, Official Records, of said County;
Thence leaving said northerly lille, 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, alld following its various courses and
distances as follows:
North 340 33' 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 of611.43 feet;
Thence North 600 30' 00" West, a distance of72,18 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 of230,94 feet, more or less, to the POINT OF
BEGINNING.
SECTION 3. Nothing ill this Resolution shall in any way affect or disturb any existing
easemellts for public utility purposes belonging either to the City of San Bernardino or to any
22 public utility; and there is specifically reserved to Clara Lynne Threadgill, successor trustee or
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the Lyndon Allen Farrar Trust dated October 5, 1990 as amended and restated on September 5,
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1991 for the benefit of the Castaway Restaurant and its successors, heirs and assigns, a revocable
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easement over the following described area proposed to be vacated for vehicle access and
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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.
03/18/09
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2009-81
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CAST A WAY RESTAURANT.
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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 I North, Range 4
West, Sall Bernardino Base and Meridian, described as follows:
BEGINNING at the northwest corner of that parcel of land 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 340 33' 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 760 57' 24" East, a distance of 306,58 feet, to the POINT OF
BEGINNING.
SECTION 4. It is hereby determined that the vacation of said street is categorically
19 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
20 Class I, Section 15301(c).
21 SECTION S. The City Clerk is hereby directed and authorized to file a certified copy of
22 this Resolution with the San Bernardino County Recorder's office.
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III
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III
03/18/09
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2009-81
1
RESOLUTION OF THE ClTY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTlOI\
OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CAST A WAY RESTAURANT,
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by thc Mayor and
Common Coullcil of the City of San Bernardino at a j oint regular
meeting thereof
held on the 6th
day of April
, 20Q2__, by the following vote, to
wit:
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Council Members: AYES
ESTRADA X
BAXTER X
BRINKER X
X
SHORETT
KELLEY X
JOHNSON X
MCCAMMACK
NAYS
ABSTAIN ABSENT
X
a~ h. C-L~
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20 The foregoing resolution is hereby approved this 71"11 day of
April
20 09
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23 Approved as to form:
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ayor
MES F. PENMAN
ty Attorney
03/18/09
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AND WHEN RECORDED MAIL TO:
LARRY WALKER
Auditor/Controller - Recorder
4/08/2009
3:03 PM
AS
PLEASE COM'PLETE THIS INFORMATION
RECORD'ING REQUESTED BY:
Recorded In Olliclal Records, Con nly 01 San Bernardi no
P Counter
CITY OF SAN BERNARDINO
CITY CLERK
300 N. "D" STREET
SAN BERNARDINO, CA 92415
OocH: 2009-0148516
I UIIIIIIIU III
Titles: 1 Pages: 6
Fees 0.00
Taxes 0.00
Other 0.00
PAID $0.00
APN:
FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2009-81
litle of Document
THlS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDlNGtNFORMATION
($3.00 Additional Recording Fee Applies)
{Rev.61C()imj
<^,ordlS:!l:lo:; Exam'Covet ~1)