HomeMy WebLinkAbout2009-337
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RESOLUTION NO. 2009-337
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) ON THE
PROPERTY LOCATED AT 4789 DAVID WAY, IN THE CITY OF SAN BERNARDINO.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
summarily vacate a Public Utility Easement (P.U.E.) on the property located at 4789 David Way,
in the City of San Bernardino, also known as Assessor Parcel Number 0155-511-02, without
notice and hearing; and
WHEREAS, the easement proposed to be vacated is more fully described as follows:
An easement for public utility purposes across the southerly 20 feet of Lot 2, Tract No.
6689, as per map recorded in Book 90, Pages 45 and 46 of Maps, records of San
Bernardino County, State of California.
For further particulars as to the proposed vacation, see the map marked "Plan No. 12678",
approved concurrently on October 19, 2009, attached and incorporated herein as Exhibit "A".
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
to proceed with the summary vacation as described above, 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 2. That pursuant to Section 8333 of said Streets and Highways Code, the
Mayor and Common Council do hereby find that said public utility easement may be summarily
vacated, without notice and hearing, for the following reason: Section 8333(c): The easement has
been superseded by relocation, or determined to be excess by the easement holder, and there are
no other public facilities located within the easement.
09/23/2009
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2009-337
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
PUBLIC UTILITY EASEMENT (P.U.E.) ON THE PROPERTY LOCATED AT 4789 DAVID WAY, IN THE
2 CITY OF SAN BERNARDINO. .
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5 categorically exempt from the requirements of the California Environmental Quality Act
SECTION 3. It is hereby determined that the vacation of said public utility easement is
6 (CEQA), pursuant to Class 1, Section 15301(c).
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SECTION 4.
This Resolution does not affect the easement for private driveway
purposes as across said Lot 2.
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this Resolution with the County Recorder of San Bernardino County, and said Resolution shall
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SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
not take effect until such filing.
III
10/14/2009
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2009-337
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
2 PUBLIC UTILITY EASEMENT (P.U.E.) ON THE PROPERTY LOCATED AT 4789 DAVID WAY, IN THE
CITY OF SAN BERNARDINO.
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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 j oint regular
meeting thereof
held on the
day of
, 20~, by the following vote, to
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October
wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this e><.O day of October
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~~-t 1:J. C&~~
CIty erk
,20~.
Approved as to form:
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PA RICK J. MORJ'us.;Mayor
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7-f~
S F. PENMAN
Attorney
09/23/2009
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PlEASE COMPLETE THIS INFORMATION
MD WHEN RECORDED MAIL TO:
Aeeonled in Dfficial Rsc:onIt. County 0' San 8ernardlno
~"'lI LARRY WALKER
~:=~ Auditor/Controlle, - Recorder
"~ P Counter
'... .-
DocH: 2009 - 0463625
1111111111111 II 1III
1012212009
2:08 PM
RD
RECORDftG REQUESTED BY:
CITY OF SAN BERNARDINO
CITY CLERK
300 N. "D" STREET
SAN BERNARDINO, CA 92415
Titles: 1 Paoes: 8
r... 0.'30
Taxes 18.00
Oth.r 0.00
PfllD ~0.00
APN: (I, S-C;-: C;U - () Z-
FEE EXEMPT PURSUANT TO
GOV. COnE SECTION 27383
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2009-337
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDtNG INFORMAOON
(13.00 Additlona' RecordIng Foe Applies)
: Hil'v. 6:(.X):....<<)
r'''I/u'C1S.t.JO: EX31l'Co'"e' S~<Eot!1)
SITE PLAN FOR EASEMENT VACATION
LOT 2 OF TRACT NO. 6689. IN THE COUNTY OF SAN BERARNOINOt
STA TE OF CAUFORNIA. AS PER MAP ON FILE IN BOOK 90. PAGES
45 & 46 OF MAPS. IN mE ornCE OF THE COUNTY RECORDER Of
SAID COUNTY.
50'
0'
- -
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(H83-sB'Of liE
PROPERTY OWNER.:
MlCHAa COX
RANDY H. WYATT
4789 OAW> WAY
SAN BERNARDtNO. CA 92404
(909) 825-1400
~ CITY OF SAN BER=DINO
\: '. OEVELOPIIEIIT Sf ES PAllTllENJ
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Approved: ! .v1" \.~
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Cecked b : 1=2. :-s:~ ,.,.
EXHIBIT " A"
501
CURVE TABLE:
C1 R_1&t L-70.5!51 .6-53-sJ'5T
C2 R=-15O' L=47.11 4=t17'e9'4r
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I'IDM: (lNJ8JB81' 3tJtJtI FaIt: (9011]311'-' 12t
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Edward J. Bonodlmon. LS 7529
1-/..atj
DATE
PLAN NO. 12678
PROPOSED SUMMARY VACATION OF A PUBLIC UTiliTY
EASEMENT (P.U.E.) ON PROPERTY LOCATED AT 4789 DAVfD
WAY. IN THE CITY OF SAN BERNARDINO.
LEGEND:
Sheet 1 of 1
Area of vacation shown thus:
V/////////1
Fife No. : 15.30-408
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) 5S
CITY OF SAN BERNARDINO )
I, RACHEL G. CLARK,
City Clerk for the City of San Bernardino, DO HEREBY CERTIFY that the
foregoing and attached copy of the City of San BClllardinoRcsolution No.
2009-337 is a full, true and correct copy of that now on file in the Office of
the City Clerk.
IN \VITNESS \\'HEREOF, I have hereunto set my hand and atlixcd
the official seal of the City of San Bernardino this 21 sl day of October, 2009.
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Ra hel li. Clark, City Clerk