HomeMy WebLinkAbout2010-270
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RESOLUTION NO. 2010-270
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF TURRILL AVENUE BETWEEN 14TH STREET AND
16TH STREET, AND A PORTION OF MAGNOLIA AVENUE BETWEEN MT.
VERNON AVENUE AND GARNER AVENUE 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 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 Turrill A venue between
14th Street and 16th Street, and a portion of Magnolia A venue between Mt. V ernon Avenue and
Gamer Avenue, described in Resolution ofIntention No. 2010-234, 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 Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue
between Mt. Vernon Avenue and Garner Avenue, more fully described as follows:
That portion of Turrill Avenue, dedicated as Alice Avenue on the map of St. Elmo
Addition to San Bernardino as recorded in Book 4 of Maps, Page 15, Official Records of
San Bernardino County, State of California, lying between the south line of 16th Street,
having a half width of 30 feet, and the north line of 14th Street, having a half width of 30
feet;
Together with that portion of Magnolia Avenue as dedicated on Tract No. 2130, St. Elmo
Resurvey as recorded in Book 31 of Maps, Page 6, Official Records of San Bernardino
County, State of California, lying between the east line ofMt. Vernon Avenue, having a
half width of 41.25 feet, and the west line of Gamer Avenue (dedicated as St. Elmo Ave),
having a half width of 30 feet.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
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2010-270
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ESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION
F TURRILL A VENUE BETWEEN 14m STREET AND 16m STREET, AND A PORTION OF
AGNOLIA AVENUE BETWEEN MT. VERNON A VENUE AND GARNER A VENUE AND RESERVING
TILITY EASEMENTS THEREIN.
asements for public utility purposes belonging either to the City of San Bernardino or to any
ublic utility that existed prior to these vacation proceedings; and there is hereby specifically
eserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement
or sanitary sewer and appurtenant facilities over the entire area proposed to be vacated,
. ncluding the right at any time, or from time to time, to construct, maintain, operate, replace and
enew said sewer or appurtenances and shall include the right of ingress and egress thereto; and
ere 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
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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 specifically reserved for Verizon,
its successors, heirs and assigns, a temporary easement over the entire area proposed to be
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24 vacated to construct, place, operate, inspect, maintain, repair or replace underground and
25 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
26 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
27 the City of San Bernardino Municipal Water Department, a temporary easement for water utility
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07/07/10
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2010-270
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ESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION
F TURRILL A VENUE BETWEEN 14TH STREET AND 16TH STREET, AND A PORTION OF
AGNOLlA A VENUE BETWEEN MT. VERNON A VENUE AND GARNER A VENUE AND RESERVING
TILlTY EASEMENTS THEREIN.
urposes over the entire area proposed to be vacated, including the right at any time, or from
5 ime to time, to construct, maintain, operate, replace and renew one or more pipelines or
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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.
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The temporary easements set forth herein shall terminate upon relocation or abandonment of the
affected utilities.
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SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy
of this Resolution with the San Bernardino County Recorder's office.
III
III
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2010-270
1
ESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION
F TURRILL AVENUE BETWEEN 14111 STREET AND 16111 STREET, AND A PORTION OF
AGNOLIA AVENUE BETWEEN MT. VERNON AVENUE AND GARNER AVENUE AND RESERVING
3 UTILITY EASEMENTS THEREIN.
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Common Council of the City of San Bernardino at a ioint regular
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
2nd
, 20~, by the following vote, to
August
day of
wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
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MARQUEZ X
DESJARDINS x
X
BRINKER
SHORETT x
KELLEY X
JOHNSON X
MCCAMMACK
X
a~ iJ.~./
City'elerk
21 The foregoing resolution is hereby approved this ~~ day of August
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,20~.
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~
T KJ. MO ,ayor
City San Bernardino
Approved as to form:
,/~f~~
('il) AU......} 5.~u'a.1 J-Pfi1 COtAl1V
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