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HomeMy WebLinkAbout2011-012 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2011-12 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY AND 4 RESERVING UTILITY EASEMENTS THEREIN. 5 6 7 8 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 hereby declares its intention to order the vacation of portions of ih Street and Vine Street 9 between Mountain View Avenue and Sierra Way as depicted on the attached map marked as 10 Exhibit "A" and described herein as follows: 11 12 13 That portion of 7th Street as delineated on the City of San Bernardino as per plat recorded in Book 7 of Maps, Page I, Official Records of San Bernardino County, State of California, more particularly described as follows: All that portion of ih Street lying between the east line of Mountain View Avenue (82.5 feet wide) and the west line of Sierra Way (82.5 feet wide). AND That portion of Vine Street in Block 49 of the City of San Bernardino as per plat recorded in Book 7 of Maps, Page 1, Official Records of said County, more particularly described as follows: All that portion of Vine Street lying between the east line of said Mountain View Avenue (82.5 feet wide) and the west line of said Sierra Way (82.5 feet wide), being the south 15 feet of Lots 5, 6, 7, 8 and the north 10 feet of Lots 1,2,3,4 of said Block 49, together with that certain parcel of land as described in the Easement recorded on February 23, 1988, as Document No. 88-053784, Official Records of said County, and further described as follows: That portion of Lot 8, of said Block 49 of the City of San Bernardino as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows: Beginning at the point of intersection of the west line of Sierra Way and the north line of said Vine Street; Thence north along said west line of Sierra Way, a distance of 20 feet; Thence southwesterly in a straight line to a point on the north line of said Vine Street, said point being 20 feet west of the point of beginning; 12/20/2010 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2011-12 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW 2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN. 3 4 5 6 7 8 9 10 11 12 13 Thence east along said north line of Vine Street, a distance of 20 feet, to the point of beginning; Together with the north 2.50 feet of the south 17.50 feet of those portions of Lots, 6, 7, and 8, of said Block 49. EXCEPTING therefrom the west 75 feet of said Lot 6 and that portion described above. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portions of said streets, elects to proceed in accordance with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being Division 9, Part 3, ofthe Streets and Highways Code ofthe State of California. SECTION 3. That the hour of 4:30 p.m., on Monday, February 22,2011, in the Council 14 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 12705", approved by the Mayor and Common Council on 10/18/2010, a copy of which is on file in the office of the City Clerk of said City. SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility that existed prior to these vacation proceedings; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a permanent easement for sanitary sewer and appurtenant facilities over the entire portion of ih Street 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 12/20/10 2 2011-12 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW 2 A VENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN. 3 thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors, 4 heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities over the 5 entire portion of Vine Street proposed to be vacated, including the right at any time, or from time 6 7 8 include the right of ingress and egress thereto; and there is hereby specifically reserved for to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall 9 Southern California Edison, its successors, heirs and assigns, a temporary easement over the 10 11 12 13 14 15 16 17 18 19 entire portion of ih Street 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 portion of ih Street 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 includes rights of ingress and egress; and there is hereby specifically reserved for 20 the City of San Bernardino Municipal Water Department, a temporary easement for water utility 21 22 23 24 25 purposes over the entire areas 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 26 temporary easements set forth herein shall terminate upon relocation or abandonment of the 27 affected utilities. 28 12/20/10 3 2011-12 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW 2 A VENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN. 3 4 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, 5 6 SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby Highways and Service Easements Vacation Law." 7 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published once a week for two successive weeks in The 8 9 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 10 set forth for the public hearing. 11 1// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12/20/1 0 4 2011-12 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW 2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN. 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 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 24th day of January , 20 ----1L, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X DESJARDINS X BRINKER X SHORETT X KELLEY X JOHNSON X X MCCAMMACK ~-~ ~ 60~ The foregoing resolution is hereby approved this ~..l~ day of January , 20~. Approved as to form: ~~ayor City of San Bernardino ~~~ tit)' AltUl11~ -S f~c'\ e:) C 0,",,,, ~~) 12/20/10 5 " J 2011-12 PTN. CiTY OF SAN BERNARDINO M.B. 7/1 8TH STREET ct- EXHIBIT "A" . 1- - 0140-293-01 0140-293-22 ~ ~ 0140-293-21 5 6 :s q: 0140-293-20 0140-293-19 7 0140-293-26 <D o I '" '" N I o ~ o OJ o I '" '" N I o ~ o '" o I ~ N I o ~ o 8 ).. ~ Easement to the ~Ity of San Bernardino for public utilities --...... and sidewalk pu OS.S. Doc \ No. 88-053784. . ~ '" ~ on 0140-294-01 0 0 0 I I I ~ ~ ~ ~ '" '" '" 01ko-294-25 N N N I I I 0 0 0 :s ~ ~ ~ ~ 0140-294-24 0 0 0 ~ 4 3 2 ffi ~ 0140-294-23 ...... ~ 0140-294-09 CI) 0140-294-22 0 ::E . CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION Sa ,. REAL PROPERTY CTION Approved: Created by: R an Sandoval Checked by: Laszlo Fogassy PLAN NO. 12705 Sheet 1 of 1 - - Date: 7,4, "I~ Date: 03/02/2010 Date: NOTE: ALL PROPERTIES ADJACENT TO THE PROPOSED STREETS TO BE VACATED ARE CURRENTLY OWNED BY THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. AREA TO BE USED FOR THE CONSTRUCTION OF THE NEW LINCOLN II ELEMENTARY SCHOOL. y PROPOSED VACATION OF 7TH STREET AND VINE STREET, BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY, IN THE CiTY OF SAN BERNARDINO. LEGEND: Area of vacation shown thus: File No. : 15.30-401 =