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HomeMy WebLinkAbout37- Public Hearing Requested by nd when recorded mail to: City Clerk, cy Hall 300 North "D" Street San Bernardino, CA 92418 1 2 3 4 RESOLUTION NO. 5 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF 7TH STREET BETWEEN "D" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO 6 AND RESERVING EASEMENTS OVER 711E ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAINS, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES 7 FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN 8 CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES THEREIN. 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 SECTION 1: The Mayor and Common Council of the City of San 12 Bernardino, having heard the evidence offered in relation to the proposed 13 vacation of 7th Street lying between "D" Street and "E" Street, more 14 particularly described in City Resolution of Intention No. 93-106, hereby 15 find from all of the evidence submitted that such street proposed to be 16 vacated by said Resolution is unnecessary for present or prospective street 17 purposes. 18 SECTION 2. The Mayor and Common Council of said City do hereby 19 vacate 7th Street between "D" Street and "E" Street, San Bernardino, 20 California, more particularly described as follows: 21 Beginning at the Southeast corner of Lot 1, Block 52, of the City of San Bernardino, as per plat thereof recorded 22 in Book 7 of Maps, Page 1, in the office of the County Recorder of said County, said point being the intersec- 23 tion of the West line of "D" Street and the North line of 7th Street; thence West along the South line of said Lot 24 1, and the South line- of Lot 2, of said Block 52, a distance of 596.1 feet, more or less, to the Southwest 25 corner of said Lot 2; thence South along the Southerly prolongation of the hest line of said Lot 2, a distance 26 of 102.5 feet, more or less, to a point in the West line of Lot 5, Block 45 of said City of San Bernardino, and 27 being the most Southeriy corner of that certain property conveyed to the City of San Bernardino by Document No. 28 83-102050, recorded May 11, 1983, and being the beginning 05/10/93 1 ��/ STREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STREETS 1 of a reverse tangent curve, concave Southeasterly and having a radius of 20.00 feet, the Easterly terminus of 2 said curve being also tangent with the North line of said Lot 5; thence Northeasterly along said curve to said 3 North line; thence East along said North line of Lots 5, 6, 7, and 8 of said Block 45, a distance of 559.83 feet, 4 more or less, to the most Westerly corner of that certain property conveyed to the City of San Bernardino by Docu- 5 ment No. 83-268516, recorded November 15, 1983, and being the beginning of a tangent curve, concave to the South- 6 west and having a radius of 20.00 feet, said curve is also tangent at its Southerly terminus with the East line 7 of said Lot 8; thence Easterly and Southerly along said curve to said point of tangency with the East line of 8 said Lot 8; thence North along said East line and its Northerly prolongation, a distance of 102.5 feet, more or 9 less, to the Point of Beginning. 10 And is also described in said Resolution of Intention No. 93-106. 11 SECTION 3 Nothing in this Resolution shall in any way affect or 12 disturb any existing easements for public utility purposes belonging either 13 to the City of San Bernardino or to any public utility and there are hereby 14 specifically reserved for the City of San Bernardino, easements in, over, 15 under, and across the entire area of the proposed vacation for street 16 lights, drainage, sewer, and water purposes, and all appurtenant facilities. 17 There are also specifically reserved for Southern California Edison, General 1$ Telephone, and Pacific Bell Telephone, easements in, over, under, and across 19 the entire real property hereinabove described to construct, place, operate, 20 inspect, maintain, repair, replace and remove such aerial and underground 21 telephone, telegraph, and communication structures and electrical transmis- 22 sion structures, respectively, as the companies may from time to time 23 require, consisting of poles, anchors, wires, cables, conduits, manholes, 24 markers, and necessary fixtures and appurtenances; and there are also 25 specifically reserved for the City of San Bernardino and Southern California 26 Gas Company, easements in, over, under, and across, the entire real property 27 hereinabove described to construct, maintain, operate, replace, and renew, 2$ one or more pipelines and appurtenances thereto, for the transportation of 05/10/93 2 STREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STREETS I water and/or gas, respectively. 2 SECTION 4. The recordation of the Resolution ordering the vaca- 3 tion of 7th Street between "D" Street and "E" Street, as herein above de- 4 scribed in Paragraph 2 of this Resolution, is conditioned upon (a) the is- 5 suance of building permits for the planned police facility on the North side 6 of 7th Street between "D" Street and "E" Street; and (b) the execution of 7 Grant Deeds to the City of San Bernardino of the portion of 7th Street 8 proposed for vacation, from the current adjoining owners thereof. 9 SECTION 5. The City Clerk of the City of San Bernardino shall 10 cause a certified copy of this resolution to be recorded in the office of 11 the County Recorder of the County of San Bernardino. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 05/10/93 3 STREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STREETS 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the day of 4 1993, by the following vote, to-wit: 5 G COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT_ 7 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 Rachel Clark, City Clerk 17 18 The foregoing resolution is hereby approved this day 19 of , 1993. 20 21 _ W. k. Holcomb, Mayor 22 City of San Bernardino 23 24 Approved as to form and legal content: 25 26 James F. Penman, 27 City Attorney 28 By eclw-1 1,,, 05/10/93 4