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HomeMy WebLinkAbout1980-199 1 RESOLUTION NO. - l 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF PINE AVENUE BETWEEN KENDALL DRIVE, 3 AND INTERSTATE HIGHWAY 15E, AND RESERVING PUBLIC UTILITY EASEMENTS IN A PORTION THEREOF. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. That the Mayor and Common Council of the City of San 7 Bernardino hereby declares its intention to order the vacation of that 8 portion of Pine Avenue between Kendall Drive and Interstate Highway 15r, 9 in said City, which said portion more particularly is described as follows; 10 That portion of Pine Avenue, as same now exists, 50 feet wide and lying within Blocks 42 and 46, Irvington land and 11 Water Cor:pany's Subdivision as per plat thereof recorded in Book 1 of Records of Survey, page 32, records of the 12 County Recorder of San Bernardino, County, State of California, described as follows: 13 Beginning at the intersection of the East line of said Pine 14 Avenue and the Southwesterly line of Kendall Drive, 80.00 feet wide; thence South along said East line of Pine Avenue 15 to the Northeasterly line of Interstate Highway 15E; thence Northwesterly along said Northeasterly line to the West line 16 of said Pine Avenue; thence worth along said West line to the Southwesterly line of said Kendall Drive; thence South- 17 easterly along said Southwesterly line to the Point of Be- ginning. 18 SECTION 2. That the Mayor and Common Council of the City of San 19 Bernardino, in vacating the above described portion of said street, elects 20 to proceed under and in accordance with the provisions of the "Street 21 Vacation Act of 1941," being Divisions 9, Part 3, of the Streets and 22 Highways Code of the State of California. 23 SECTION 3. That the hour of 2:30 P.M. , on the 16th day of June, 24 1980, in the Council Chamber of the City Hall , San Bernardino, California, 25 be and the same hereby is fixed as the time and place when and where all 26 persons interested in or objecting to the proposed vacation may appear 27 before the said Mayor and Common Council and offer evidence in relation 28 ; thereto. For further particulars as to the proposed vacation of the - 1 - i I hereinbefore described portion of said street, reference is made to that 2 certain map marked "Plan No. 5684" approved May 19, 1980, on file in the 3 office of the City Clerk of said City. 4 SECTION 4. Nothing in this Resolution shall in any way affect or 5 disturb any existing easements for sanitary sewer and appurtenant facilities 6 and for public utility purposes belonging either to the City of San Bernar- 7 dino or to any public utility and there is hereby reserved for future general 8 public utility purposes and for this City an easement reasonably necessary 9 to locate such sanitary sewer and public utility facilities over, in, under, 10 or across the North 30.00 feet, as measured at right angles to the Southwest- 11 erly line of Kendall Drive, and the East 25.00 feet of the real property 12 hereinabove described and to use, maintain , repair, replace or renew such 13 facilities. SECTION 5. That the City Engineer of the City of San Bernardino 14 15 I hereby is directed to cause Notices of Street Vacation to be posted as re- 16 quired by the Street Vacation Act of 1941 . SECTION 6. That the City Clerk shall certify to the adoption of 17 this Resolution of Intention and shall cause the same to be published for 18 19 I 3 successive days in The San Bernardino Sun-Telegram, a newspaper published and circulated in the City of San Bernardino, prier to the date of the 20 21 above public hearing. I HEREBY CERTIFY that the foregoing resolution was duly adopted 22 ' by the Mayor and Common Council of the City of San Bernardino at a 23 ,J meeting thereof held on the —��--day of 1980 24 by the following, vote, to-wit: 25 AYES: Councilmen , l 26 27 NOES- 28 ABSENT: ai1lr�n,�i O/l� l City Clerk r 1 The foregoing resolution is hereby approved this 2 day of ' 1980. 3 4 Mayor of the City of San -Bernardino 5 6 Approved as to form: 7 8 9 C/� � 10 City Attotney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Space below for filing Stamp only) Proof of Publication CITY OF SAN BERNARDINO CITY CLERK A trRl ` Y. - i �I. STATE OF CALIFORNIA, ss. t County of San Bernardino, The undersigned hereby certifies as follows: I am a citizen of the United States, over the age of twenty-one years, s and not a party to nor interested in the above-entitled matter; I am the principal clerk of the printer of a newspaper, to wit, Vie Sun-Telegram; + the same was at all times herein mentioned a newspaper of general cir- . culation printed and published daily, including Sunday, in the City of San Bernardino, in the County of San Bernardino, State of California; said newspaper is so published every day of the year as and under the name of The .Sun-Telegramn and The EveW119 Index, another newspaper, 1� said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the State of California, in and for the County of Y' San Bernardino, by a judgment of said Superior Court duly made, filed V and entered on June 20, 1952, in the records and tiles of said Superior Court in that certain proceeding entitled In the Matter of the Ascertain- ment and Establishment of "The San Bernardino Daily Sun-Telegram" x as a Newspaper of General Circulation, numbered 73084 in the records of civil proceedings in said Superior Court and by judgment modifying ) , the same, also made, filed and entered in said proceeding; the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with r -{ words printed in black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the ---- -------------------------------------------------- ----- Resolution 80-199 --------- ------ - ---------- ---- -------- of which the annexed is a true printed copy, was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof, on each of the following dates, to wit: May 27, 28, 29, all in the year 1980 , i t / c tha jury hre-fore ing is true and I certify under penal,ty�sf 1�'r � correct. Executed on the -29th- day of May ----- 19--8Q__, at San Bernardino, in said County and State. NO. 3