HomeMy WebLinkAbout2011-016
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RESOLUTION NO. 2011-16
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED
BETWEEN VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF
VACATED MAGNOLIA 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 Public Utility Easement (P.UE.)
generally located between vacated Turrill Avenue and Gamer Avenue, south of vacated
Magnolia Avenue, described in Resolution of Intention No. 2010-391, hereby find from all of
the evidence submitted that proper notice has been given and that such public utility easement
proposed to be vacated by this Resolution is unnecessary for present and prospective public
utility easement purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
Public Utility Easement (P.UE.) generally located between vacated Turrill Avenue and Gamer
Avenue, south of vacated Magnolia Avenue, more fully described 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 S1. Elmo Resurvey, as per map recorded in Book 31 of Maps,
Page 6, records of San Bernardino County, State of California.
SECTION 3. 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
12/28/10
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2011-16
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC
UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE
2 AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA AVENUE, AND RESERVING UTILITY
EASEMENTS THEREIN.
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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,
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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
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 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.
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III
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2011-16
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC
UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE
2 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 joint regular
meeting thereof
, 20~, by the following vote, to
held on the 24th day of January
wit:
Council Members: AYES NAYS
MARQUEZ X
X
DESJARDINS
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
MCCAMMACK
ABSTAIN ABSENT
X
a~h_~
City1:lerk
\~
The foregoing resolution is hereby approved this 01 b day of
,20---1L-
T:1ml:1~Y
@~,MaYOr
Clty of San Bernardino
Approved as to form:
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S ~ f' C i . I ((J ~ "'~ (
12/28/10
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