HomeMy WebLinkAbout2011-042
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RESOLUTION NO. 2011-42
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN
MOUNTAIN VIEW AVENUE AND SIERRA WAY AND RESERVING UTILITY
EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Proceeding under and in accordance with the "Public Streets, Highways,
and Service Easements Vacation Law", Division 9, Part 3 of the Califomia Streets and
Highways Code, the Mayor and Common Council of the City of San Bemardino, having heard
the evidence offered in relation to the proposed vacation of portions of 7'h Street and Vine Street
between Mountain View Avenue and Sierra Way, described in Resolution of Intention No.
2011-12, hereby find from all of the evidence submitted that proper notice has been given and
that such streets proposed to be vacated by this Resolution are unnecessary for present and
prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate those
portions of 7'h Street and Vine Street between Mountain View Avenue and Sierra Way, more
fully described as follows:
That portion of 7'h Street as delineated on the City of San Bemardino as per plat recorded
in Book 7 of Maps, Page 1, Official Records of San Bemardino County, State of
Califomia, more particularly described as follows:
All that portion of 7th 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 Bemardino 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
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2011-42
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF PORTIONS
OF 7T11 STREET AND VINE STREET BETWEEN MOUNTAIN VIEW A VENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
feet of Lots 5, 6, 7, 8 and the north 10 feet of Lots I, 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 I, 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 of20 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;
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 3. Nothing in this Resolution shall in any way affect or disturb any other
existing easement 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 7'h 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 ingress and egress
thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors,
heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities over the
entire portion of Vine Street proposed to be vacated, including the right at any time, or from time
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2011-42
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF PORTIONS
OF 7111 STREET AND VINE STREET BETWEEN MOUNTAIN VIEW A VENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
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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 hereby specifically reserved for
Southern California Edison, its successors, heirs and assigns, a temporary easement over the
entire portion of 7th 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 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 or 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 tern1inate upon relocation or abandonment of the
affected utilities.
SECTION 4. It is hereby determined that the vacation of said streets are categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class I, Section 15301(c).
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2011-42
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF PORTIONS
OF i'l! STREET AND VINE STREET BETWEEN MOUNTAIN VIEW A VENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
3 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
4 this Resolution with the San Bemardino County Recorder's office.
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02/15/11
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2011-42
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
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T 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
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held on the 22nd day of February
,2011, by the following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
x
VACANT
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
MCCAMMACK
x
C~h.~
Thc foregoing resolution is hereby approved thisol-r7>" day of February
,2011.
~~MaYOr
City of San Bernardino
Approved as to form:
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