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HomeMy WebLinkAbout2010-139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-139 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 25TH STREET BETWEEN "G" STREET AND "F" STREET, AND A PORTION OF BERKELEY A VENUE BETWEEN 25TH STREET AND 26TH STREET AND RESERVING UTILITY EASEMENTS THEREIN. 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 ofthe 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 25th Street between "0" Street and "F" Street, and a portion of Berkeley A venue between 25th Street and 26th Street, described in Resolution of Intention No. 2010-88, 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 25th Street between "0" Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street, more fully described as follows: That portion of 25th Street, 52 feet wide, between the east line of "G" Street, having a half width of 30 feet, and the west line of "F" Street, having a half width of 30 feet, and that portion of Berkeley Avenue (formerly known as College Avenue), 50 feet wide, between the north line of 25th Street, having a half width of 26 feet, and the south line of 26th Street, having a half width of 30 feet, dedicated to the City of San Bernardino on the Map of Bonita Gardens, as recorded in Book 23 of Maps, Page 75, Official Records of San Bernardino County, State of California, together with that portion of Berkley Avenue as dedicated on Parcel Map No. 17514, recorded in Book 221 of Parcel Maps, Pages 51-52, 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 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 5/06/1 0 2010-139 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION OF 25TH STREET BETWEEN "G" STREET AND "F" STREET, AND A PORTION OF BERKELEY 2 A VENUE BETWEEN 25TH STREET AND 26TH STREET. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 successors, heirs and assigns, a temporary 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 specifically reserved for Southern California Gas Company, its successors, heirs and assigns, a temporary 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 hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, a temporary 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, manhole 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, a temporary 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. The temporary easements set forth herein shall terminate upon relocation or abandomnent of the affected utilities. SECTION 4. It is hereby determined that the vacation of said streets are categorically exempt from the requirements ofthe California Enviromnental Quality Act (CEQA), pursuant 05/06/t 0 2 2010-139 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION OF 25m STREET BETWEEN "G" STREET AND "F" STREET, AND A PORTION OF BERKELEY 2 A VENUE BETWEEN 25m STREET AND 26m STREET. 3 to Class I, Section l530l(c). 4 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this Resolution with the San Bernardino County Recorder's office after certain conditions set forth by the City Engineer are met. /1/ /1/ 5/06/10 3 2010-139 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION OF 25TH STREET BETWEEN "G" STREET AND "F" STREET, AND A PORTION OF BERKELEY 2 AVENUE BETWEEN 25TH STREET AND 26TH STREET. 3 4 5 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 7th day of June , 20 10 , by the following vote, to NAYS ABSTAIN ABSENT x a~h.~ CityClerk 19 20 The foregoing resolution is hereby approved this 971~ day of June 21 20 . 22 23 ~ 24 Approved as to form: 25 26 JA~~ 27 Ci~' :\ttSFm')' S ,,-<,..1 CD.~~~J 28 5/06/10 4