HomeMy WebLinkAbout2010-391
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RESOLUTION NO. 2010-391
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT
3 (P.u.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE AND
4 GARNER AVENUE, SOUTH OF VACATED MAGNOLIA AVENUE, AND RESERVING
UTILITY EASEMENTS THEREIN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino
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as depicted on the attached map marked as Exhibit "A" and described herein as follows:
A non-exclusive easement for public utilities and incidental purposes over those portions
of the south 5 feet of Lots 1 to 7, and the north 5 feet of Lots 8 to 14, inclusive, of Block
5, of Tract No. 2130 The St. Elmo Resurvey, as per map recorded in Book 31 of Maps,
Page 6, records of San Bernardino County, State of California.
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16 vacating the above described P.u.E., elects to proceed under and in accordance with the
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SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
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 3. That the hour of 4:30 p.m., on Monday, January 24,2011, in the Council
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Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
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22 and place when and where all persons interested in or objecting to the proposed vacation may
23 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
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further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
12738", approved by the Mayor and Common Council on 09/07/2010, a copy of which is
attached and incorporated herein as Exhibit "A".
12/15/2010
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2010-391
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
AVENUE, AND RESERVING UTILITY EASEMENTS THEREIN.
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4 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
5 existing easements for public utility purposes belonging either to the City of San Bernardino or
6 to any public utility that existed prior to these vacation proceedings; and there is hereby
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specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a
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temporary easement for sanitary sewer and appurtenant facilities over the entire area proposed to
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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 Time Warner Cable, its successors, heirs and
assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace
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underground and overhead structures consisting of wires, cables 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 vacated to construct, place, operate, inspect, maintain, repair or
replace underground and overhead structures consisting of wires, cables and necessary fixtures
and appurtenances and said easement shall include rights of ingress and egress. The temporary
easements set forth herein shall terminate upon relocation or abandonment of the affected
utilities.
SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby
directed to cause Notices of Street Vacation to be posted as required by said "Public Streets,
26 Highways and Service Easements Vacation Law."
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12/15/10
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2010-391
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
A VENUE, AND RESERVING UTILITY EASEMENTS THEREIN.
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4 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
5 Intention and shall cause the same to be published once a week for two successive weeks in The
6 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
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set forth for the public hearing.
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12/15/10
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2010-391
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
AVENUE, AND RESERVING UTILITY EASEMENTS THEREIN.
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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 20th day of December
, 20~, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
DESJARDINS
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
Q'J'l ,~h.~
~~--;{~
The foregoing resolution is hereby approved this ~$. day of December
,20~.
Approved as to form:
TR' CK J. M , Mayor
Cit San Bernardino
.lAM\,-,:y:;d!:~y ";,lto~AY _
~.. ~Pd'..1 C ch '" (.../
11/22/10
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