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HomeMy WebLinkAbout2015-168 RESOLUTION NO. 2015-168 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 3 VACATION OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND 4 THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY 5 EASEMENTS THEREIN. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 9 declares its intention to order the vacation of a portion of Acacia Avenue north of 91h Street 10 11 and those portions of the east-west alley and north-south alley, between Acacia Avenue and 12 "F" Street as described on the legal description attached hereto and incorporated herein as 13 Exhibit"A" and depicted on the map attached hereto and incorporated herein as Exhibit`B". 14 SECTION 2. The Mayor and Common Council of the City of San Bernardino, in 15 vacating the above-described portions of said street and alleys, elects to proceed in accordance 16 17 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 18 being Division 9, Part 3, of the Streets and Highways Code of the State of California. 19 SECTION 3. The hour of 5:30 p.m., on Monday, September 21, 2015, in the Council 20 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 21 and place when and where all persons interested in or objecting to the proposed vacation areas 22 may appear before the Mayor and Common Council and offer evidence in relation thereto. 23 24 For further particulars as to the proposed vacation, reference is made to that map marked 25 "Plan No. 13039", approved by the Mayor and Common Council on July 20, 2015, a copy of 26 which is on file in the office of the City Clerk, and attached hereto as Exhibit"B". 27 28 i 1 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other 2 existing easements for public utility purposes belonging either to the City of San Bernardino 3 or to any public utility that existed prior to these vacation proceedings; and there is hereby 4 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a 5 temporary easement for sanitary sewer and appurtenant facilities over the entire portion of 6 7 said Acacia Avenue proposed to be vacated, including the right at any time, or from time to 8 time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall 9 include the right of ingress and egress thereto; and there is hereby specifically reserved for 10 Southern California Edison, its successors, heirs and assigns, a temporary easement over the 11 entire portion of Acacia Avenue proposed to be vacated, to construct, place, operate, inspect, 12 maintain, repair, replace and remove any overhead or underground electrical transmission 13 14 an distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy 15 wires, manhole markers and necessary fixtures and appurtenances and said easement shall 16 include rights of ingress and egress thereto; and there is specifically reserved for Southern 17 California Gas Company, its successors, heirs and assigns, an easement over the east half 18 lace, operate, inspect, maintain, portion of "I" Street proposed to be vacated, to construct, p p , P 19 20 repair and replace underground pipes and necessary fixtures and appurtenances and said 21 easement shall include rights of ingress and egress thereto; and there is hereby specifically 22 reserved for the current property owners of Assessor's Parcel Number's 0140-143-37 & 45, 23 their successors, heirs and assigns, an access easement over the portion of the east-west alley 24 proposed to be vacated, from the east line of"F" Street (41.25' half width) to the west line of 25 the north-south alley proposed to be vacated and said easement shall include rights of ingress 26 27 and egress thereto. The temporary easements set forth herein shall terminate upon relocation 28 or abandonment of the affected utilities. 2 1 SECTION 5. The Director of Public Works of the City of San Bernardino is hereby 2 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, 3 Highways and Service Easements Vacation Law." 4 SECTION 6. 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 6 The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the 7 8 above date set forth for the public hearing. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION 2 OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, 3 BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY 4 EASEMENTS THEREIN. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held 7 on the 3rd day of August, 2015, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 15 NICKEL X 16 JOHNSON X 17 MULVIHILL X 18 v, 19 20 George Hanna, MC, City Clerk The foregoing resolution is hereby approved this day of August, .2015. 21 g g 22 ' 23 R. CAREY AVIS, Mayor 24 City of San Bernardino 25 Approved as to form: GARY D. SAENZ, City Attorney 26 By: 27 28 4 I EXHIBIT "A" 2 Legal Description for a portion of Acacia Avenue between 9th Street & 10th Street 3 proposed to be vacated together with those certain East/West and North/South alleys generally north of 9th Street between Acacia Avenue and "Y' Street 4 5 Parcel One: 6 ALL OF THAT PORTION of Acacia Avenue (formerly Gordon Street) lying north of 91" 7 Street, as delineated on the Map of E.S. Gatch's Subdivision as per plat thereof recorded in 8 Book 3 of Maps, Page 56, in the office of the County Recorder of San Bernardino County, State of California; 9 TOGETHER WITH that 1 foot strip of land lying west of and adjacent to the entire east line 10 of said E.S. Gatch's Subdivision and a 1 foot strip of land lying south of and adjacent to the 11 east 26 feet of the north line of said E.S. Gatch's Subdivision as delineated thereon. 12 TOGETHER WITH that portion of Acacia Avenue lying within Lot 6, Block 69, City of 13 San Bernardino as per plat thereof recorded in Book 7 of Maps, Page 1 dedicated for street and highway purposes to the City of San Bernardino in Document recorded July 25, 1968 in 14 Book 7065, Page 987, Official Records of said County; 15 TOGETHER WITH that portion of Acacia Avenue lying within Lot 6, Block 69, City of 16 San Bernardino as per plat thereof recorded in Book 7 of Maps, Page 1 dedicated for street and highway purposes to the City of San Bernardino in Document recorded July 25, 1968 in 17 Book 7065, Page 988, Official Records of said County. 18 Parcel Two: 19 THAT CERTAIN east/west alley lying between Acacia Avenue (formerly Gordon Street) 20 and "F" Street, as delineated on said Map of E.S. Gatch's Subdivision, northerly of and 21 adjacent to Lots 1 through 5, inclusive, of said E.S. Gatch's Subdivision. 22 Parcel Three: 23 THAT CERTAIN north/south alley lying north of Parcel Two hereinabove described, east 24 of and adjacent to Lots 6,7 and 8 and west of and adjacent to Lots 9, 10 and 11, all as delineated on said Map of E.S. Gatch's Subdivision. 25 26 27 28 5 1 EXHIBIT "B" 2 -Plan No. 13039- 3 4 5 6 7 [See Attached] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 i I L I _----_.._--...-- 10TH ---._.—...--...-- STREET -----°----- }--- t I Q I I afi ' oz ® fl 0 FOR BLK. 69, MAP OF ' I as CITY OF SAN RNARDINO I I (C.S.B). M.B. 1 ' I tb I Q 7 t I I T 8 I I I 'Per.of Acacia Avenue dedicated. Por.of Acacia Avenue dedicated W for street and highway purposes for street and hiptrway Purposes l-- per document recorded in Book per occurrent rec in Book w W 41 7065,Page 907 CA 2a 7065,Poge`988 C r: LU aQ , 2 NE Cot. Let 3,elk 69,C.S. , 1"4 / / U) 'o ng east side Lot 3,and f 39 8 g 2 east 26'along the north tine of Lot 3,Bra 69,C.S.B,not dedicated for public use ' 4 � 3 e Z 2 38 LL. 7 Ga�L'���'6 10 Q w I � ' Por of Acocie Avenue dedicated as Gordon Street,together with alleys as t I © 6 1 1 29 shown on the Map of E,S,Gatch's I Subdivisan,Bk3.P 560fMaps e t t I I I I f I Q i ' 5 t 4 3 1 2 1 1 C) I t t I Q I t 41 29 1 4129 4129 4129 I t 3 .T I N I I � t 9TH ------- STREET ----- -----�--- Area of proposed vacation shown as: Parcels owned by San Bernardino Valley Municipal Water District (petitioner) shown as: I ...G..•�••� Assessor's Parcel Numbers (APN) 0140-143-roc shown as : @) CITY OF SAN BERNARDINO PLAN NO: 13039 FILE NO.: 15.34-419 'PUBLIC WORKS DEPARTMENT F. CITY fi� j �j n REAL PROPERTY SECTION Approved by: Date: IU _U h!Par.of Acacia Ave.between 9th St.&10th St. "c'r R proposed to be vacated together with those certain prepared by 1 �► Date: Lf Sheet 1 of 1 East/West and North/South alleys generally north Date: of 9th St.between Acacia Ave.and"F"St. Checked by: