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HomeMy WebLinkAbout2015-212 I RESOLUTION NO. 2015-212 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ADOPTING FINDINGS OF FACT, ORDERING THE 4 VACATION OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, 5 BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY EASEMENTS THEREIN. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. Proceeding under and in accordance with the "Public Streets, 10 Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California 11 12 Streets and Highways Code, the Mayor and Common Council of the City of San 13 Bernardino, having heard the evidence offered in relation to the proposed vacation of a 14 portion of Acacia Avenue north of 9`' Street and those portions of the east-west alley and 15 north-south alley, between Acacia Avenue and "F" Street, described in Resolution of 16 17 Intention No. 2015-168, hereby find from all of the evidence submitted that proper notice 18 has been given and that all of the adjacent property owners, City departments and public 19 utility companies were notified of the proposal and there were no objections. Responses 20 were received and no conflicts were noted. Easements as requested by Southern California 21 22 Edison, Southern California Gas Company, and the City of San Bernardino for sewer will 23 be reserved as stated in this Resolution. The Mayor and Common Council also hereby find 24 that the proposed vacation does not conflict with the General Plan, that such streets/alleys 25 proposed to be vacated by this Resolution are unnecessary for present and prospective 26 street purposes, and that the proposed vacation is of no further necessity to the general 27 28 public, except for easements to be reserved as stated in this Resolution. 1 1 SECTION 2. The Mayor and Common Council of said City do hereby vacate that 2 portion of Acacia Avenue north of 9" Street and those portions of the east-west alley and 3 north-south alley, between Acacia Avenue and "F" Street, as described on the legal 4 description attached hereto and incorporated herein as Exhibit "A" and depicted on Plan 5 6 No. 13039 attached hereto and incorporated herein as Exhibit "B". 7 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other existing 8 easements for public utility purposes belonging either to the City of San Bernardino or to any 9 public utility that existed prior to these vacation proceedings; and there is hereby specifically 10 reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary 11 12 easement for sanitary sewer and appurtenant facilities over the entire portion of said Acacia 13 Avenue proposed to be vacated, including the right at any time, or from time to time, to 14 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include 15 the right of ingress and egress thereto; and there is hereby specifically reserved for Southern 16 California Edison, its successors, heirs and assigns, a temporary easement over the entire 17 18 portion of Acacia Avenue proposed to be vacated, to construct, place, operate, inspect, 19 maintain, repair, replace and remove any overhead or underground electrical transmission 20 and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy 21 wires, manhole markers and necessary fixtures and appurtenances and said easement shall 22 include rights of ingress and egress thereto; and there is specifically reserved for Southern 23 California Gas Company, its successors, heirs and assigns, an easement over the east half 24 25 portion of "I" Street proposed to be vacated, to construct, place, operate, inspect, maintain, 26 repair and replace underground pipes and necessary fixtures and appurtenances and said 27 easement shall include rights of ingress and egress thereto; and there is hereby specifically 28 2 I reserved for the current property owners of Assessor's Parcel Number's 0140-143-37 & 45, 2 their successors, heirs and assigns, an access easement over the portion of the east-west alley 3 proposed to be vacated, from the east line of"I"' Street (41.25' half width) to the west line of 4 the north-south alley proposed to be vacated and said easement shall include rights of ingress 5 and egress thereto. The temporary easements set forth herein shall terminate upon relocation 6 7 or abandonment of the affected utilities. 8 SECTION 4. It is hereby determined that the vacation of said street/alleys are 9 categorically exempt from the requirements of the California Environmental Quality Act 10 (CEQA), pursuant to Class 1, Section 15301(c). 11 SECTION 5. The City Clerk is hereby directed and authorized to file a certified 12 13 copy of this Resolution with the San Bernardino County Recorder's office after certain 14 conditions set forth by the City Engineer are met. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTING FINDINGS OF FACT, ORDERING THE VACATION OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND 3 THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, 4 BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY EASEMENTS THEREIN. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held 8 9 on the 21S` day of September, 2015, by the following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X 14 15 SHORETT X 16 NICKEL X 17 JOHNSON X 18 MULVIHILL X 19 20 21 Georg HannaM , CC, City Clerk 22 T he foregoing resolution is hereby approved this day of S ber, 2015. 23 2 i 24 25 R. CAREY 6AVIS, Mayor City of San Bernardino 26 Approved as to form: 27 GARY D. SAENZ, City Attorney 28 By: 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 "F" Street 4 5 Parcel One: 6 ALL OF THAT PORTION of Acacia Avenue (formerly Gordon Street) lying north of 9' 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 2 EXHIBIT "B" 3 -Plan No. 13039- 4 5 6 7 8 [See Attached] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 J ( I L 1 N 1 -.- -----_..._. 1OTH -- STREET ---- ..-.--_�_- 1 � 1 ' POR. BLK. 69, MAP OF ' 44 CITY OF SAN BERNARDINO (C.S.B). M.B. 9 I {� t 5 Por.of Acacia Avenue dedirated Por,of Acacla Avenue dedicated fa street and higtcw+ry purposes for street and highway purposes }•- Uj W 4, per document recorded in Boric per document recorded in Book W 7065,Page 987 QR 20 7065,Page j9418O.R. LU 40 1D' Z NE Cqr: Lo13.9lkss,C:S.Q. U~} 1 strip along east sided t_o�t 3,and I 39 8 9 2 east 2e along the north line or l d I 3,Btk 89,C.S.B,not dedicated for W ptibltc use I ® 4 GrSJ'� 3 e w 2 4 1 i Lt_ 7 Gay ��c,`° 10 W I Q 29 PDX o1Ara6aAvenuedediattsdas 1 1 Gordon Street,together with alleys as I shown on the Map of QS.Gatch`s ' Subdivisan,Bk3,P .56dMaps I in I I 1 I < 1 5 14 3 2 I 1 U ' i I I U I t I I I 45 I 1 5 Q ' I I 41 25 I 41,29 41.29 1 41.29 I I 2_p 1 N 1 a I 9TH ------- STREET ------ ---- t Area of proposed vacation shown as: �J Parcels owned by San Bernardino Valley Municipal Water District (petitioner) shown as: �irtsrrtitr�sfriitn� Assessor"s Parcel Numbers (APN) 0140-143-roc shown as : @) CITY OF SAN BERNARDINO PLAN NO: 13039 FILE NO,: 15.30-419 I UBLIC WORKS DEPARTMENT REAL PROPERTY SECTION Approved by: Dale: G� � & Por.of Acacia Ave.between 9th St&10 St, n r: CITY ENGIN R proposed to be vacated together with thaw certain Prepared by �fk,. � r f Date. �+ is" Sheet 1 of 1 East/West and North/South alleys generally north of 9th St between Acacia Ave.and"F"St. Checked by: Date: RECORDING REQUESTED BY Recorded in Official Records,County of San Bernardino 12 17 PM 'ri BOB BUTTON SG O°°" ASSESSOR - RECORDER - CLERK SAN AND WHEN RECORDED MAIL DOCUMENT T0: ienH N''"Ra, c //!n 1l n H, tn� P Counter NAME Vi 1� �'� �� �C^I�11 LtY�� �:, �a Doc#: 2015—0433869 Titles: 1 Pages: ` ADDRESS 9 STREET �� t4---- Fees 0.00 0.00 Taxes ZIP CODETE� � 9 Other 0.00 PAID X0.00 SPACE ABOVE FOR RECORDER'S USE ONLY © - 21 2 Title of Document TM . 001 , LA IS, F A.R O RE7- S''E F t THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 1 RESOLUTION NO. 2015-212 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ADOPTING FINDINGS OF FACT, ORDERING THE 4 VACATION OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, 5 BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY EASEMENTS THEREIN. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. Proceeding under and in accordance with the "Public Streets, 10 Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California 11 12 Streets and Highways Code, the Mayor and Common Council of the City of San 13 Bernardino, having heard the evidence offered in relation to the proposed vacation of a 14 portion of Acacia Avenue north of 9`' Street and those portions of the east-west alley and 15 north-south alley, between Acacia Avenue and "F" Street, described in Resolution of 16 Intention No. 2015-168, hereby find from all of the evidence submitted that proper notice 17 18 has been given and that all of the adjacent property owners, City departments and public 19 utility companies were notified of the proposal and there were no objections. Responses 20 were received and no conflicts were noted. Easements as requested by Southern California 21 Edison, Southern California Gas Company, and the City of San Bernardino for sewer will 22 23 be reserved as stated in this Resolution. The Mayor and Common Council also hereby find 24 that the proposed vacation does not conflict with the General Plan, that such streets/alleys 25 proposed to be vacated by this Resolution are unnecessary for present and prospective 26 street purposes, and that the proposed vacation is of no further necessity to the general 27 28 public, except for easements to be reserved as stated in this Resolution. 1 1 SECTION 2. The Mayor and Common Council of said City do hereby vacate that 2 portion of Acacia Avenue north of 9' Street and those portions of the east-west alley and 3 north-south alley, between Acacia Avenue and "F" Street, as described on the legal 4 description attached hereto and incorporated herein as Exhibit "A" and depicted on Plan 5 6 No. 13039 attached hereto and incorporated herein as Exhibit "B". 7 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other existing 8 easements for public utility purposes belonging either to the City of San Bernardino or to any 9 public utility that existed prior to these vacation proceedings; and there is hereby specifically 10 reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary 11 12 easement for sanitary sewer and appurtenant facilities over the entire portion of said Acacia 13 Avenue proposed to be vacated, including the right at any time, or from time to time, to 14 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include 15 the right of ingress and egress thereto; and there is hereby specifically reserved for Southern 16 California Edison, its successors, heirs and assigns, a temporary easement over the entire 17 portion of Acacia Avenue proposed to be vacated, to construct, place, operate, inspect, 18 19 maintain, repair, replace and remove any overhead or underground electrical transmission 20 and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy 21 wires, manhole markers and necessary fixtures and appurtenances and said easement shall 22 include rights of ingress and egress thereto; and there is specifically reserved for Southern 23 California Gas Company, its successors, heirs and assigns, an easement over the east half 24 portion of "1" Street proposed to be vacated, to construct, place, operate, inspect, maintain, 25 26 repair and replace underground pipes and necessary fixtures and appurtenances and said 27 easement shall include rights of ingress and egress thereto; and there is hereby specifically 28 2 1 reserved for the current property owners of Assessor's Parcel Number's 0140-143-37 & 45, 2 their successors, heirs and assigns, an access easement over the portion of the east-west alley 3 proposed to be vacated, from the east line of"F" Street (41.25' half width) to the west line of 4 the north-south alley proposed to be vacated and said easement shall include rights of ingress 5 and egress thereto. The temporary easements set forth herein shall terminate upon relocation 6 7 or abandonment of the affected utilities. 8 SECTION 4. It is hereby determined that the vacation of said street/alleys are 9 categorically exempt from the requirements of the California Environmental Quality Act 10 (CEQA), pursuant to Class 1, Section 15301(c). 11 SECTION 5. The City Clerk is hereby directed and authorized to file a certified 12 13 copy of this Resolution with the San Bernardino County Recorder's office after certain 14 conditions set forth by the City Engineer are met. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTING FINDINGS OF FACT, ORDERING THE VACATION OF A PORTION OF ACACIA AVENUE NORTH OF 9TH STREET AND 3 THOSE PORTIONS OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY, 4 BETWEEN ACACIA AVENUE AND "F" STREET, AND RESERVING UTILITY EASEMENTS THEREIN. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held 8 on the 21" day of September, 2015, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X 14 15 SHORETT X 16 NICKEL X 17 JOHNSON X 18 MULVIHILL X 19 L 20 �' L 21 Georg Hanna, C C, City Clerk 22 T he foregoing resolution is hereby approved this day of S ber, 2015. 23 24 R. CAREY r AVIS, Mayor 25 City of San Bernardino 26 Approved as to form: 27 GARY D. SAENZ, City Attorney 28 By. 4 1 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 "F" Street 4 5 Parcel One: 6 ALL OF THAT PORTION of Acacia Avenue (formerly Gordon Street) lying north of 9' 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 2 EXHIBIT "B" 3 -Plan No. 13039- 4 5 6 7 [See Attached] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 ----------------—. 10TH ----------- STREET -----=.—.- .___�--- � 1 I f I I I l POR. BLK, 69, MAP OF ' as CITY OF SAN B RNARDINO I I (C.S.B). M.B. 7 ' I ( ® I 1 I 5 T 8 I I , I I 5 Per,ofAes laavanu"dedicated Por,d Aoacle Avenue dadicaled for street and highway purpows } I-- for alreat and htyhway purposes U.11 tdoct+nantrecorded in Book perdocumentrecorded R Book U.1 4ti 7065,Pag•967 0,R 7065,Page`9eBO.R W Z NE�o�1ksg,cs• • i~ � 40 1a � �- hip along east s'Ida d Lot 3,and i 39 8 9 2 at 26'along the north Tina of Ld r 3.Bik 69,C.9.0,not dedicated for i V,J gublla use 4 3 8 Z Z 4 7f U- Q 7 Ga`��,�� ' 10 LU Por of AcaCia Avenue ltd as I i Gordon 6treot,togadxr with alleys as t i 6 1 1 29 shown on lha Map of EA,Gateh'e IBubdivim%Bk 3,P 5601Mep" I i t I I I I ' 5 i 4 3 1 2 1 1 Q 1 I 1 1 I 45 1 5 I 1 1 41.29 1 11.29 41,25 41,29 1 I � I -- 1 ------------ 9TH —-—-—-— STREET —_.__ _—"------ ----- 1 = t Area of proposed vacation shown as: t/ Parcels owned by San Bernardino Valley Municipal Water District (petitioner) shown as: Assessor's Parcel Numbers (APN) 0140-143-xx shown as '. Q CITY OF SAN BERNARDINO PLAN NO: 13039 FILE NO.: 15.30-419 13UBLIC WORKS DEPARTMENT REAL PROPERTY SECTION ^^��Date: G yL U�� U Approved by: �� !�- Por,of Acacia Ave.between 9th St.&10th St. TAW, CITY ENGI R proposed to be vacated together with those certain prepared by:: �t—=yk,. �,. 4 crate_ �' fs" Sheet 1 of 1 EastlWest and North/South alleys generally north of 9th St.between Acacia Ave.and"F"St. Checked by: Date; I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) SS 2 CITY OF SAN BERNARDINO ) 3 I, GEORGEANN HANNA, City Clerk for the City of San 4 Bernardino, 5 DO HEREBY CERTIFY that the foregoing and attached copy of the City of 6 San Bernardino Resolution No. 2015-212 is a full, true and correct copy of that now on file in the Office of the City Clerk. 7 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed 9 the official seal of the City of San Bernardino this 5t' day of October, 2015. 10 11 12 Georgeann Hanna, CMC, City Clerk 13 14 -- 15 By: Valerie R. Montoya, uty City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28