HomeMy WebLinkAbout2017-1431
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RESOLUTION NO. 2017-143
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF
GENEVIEVE STREET NORTH OF WABASH STREET AND SOUTH OF
MAGNOLIA AVENUE AND THE RESERVATION OF UTILITY EASEMENTS
THEREIN
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino, in vacating
the above described portion of said street, elects to proceed under and in accordance with the
provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 2. The Mayor and City Council of said City do hereby vacate that portion
of Genevieve Street as shown on Tract No. 3265, in the City of San Bernardino, County of
San Bernardino, State of California, as per map recorded in Book 43, Page 96 of Maps, in the
Office of the County Recorder of said County, shown also on Plan No. 13102 attached hereto
as Exhibit "A", more particularly described as follows:
BEGINNING AT SAID SOUTHEAST CORNER OF LOT 3, SAID POINT BEING ON
THE WEST RIGHT-OF-WAY OF SAID GENEVIEVE STREET;
THENCE, NORTH ALONG SAID WEST RIGHT-OF-WAY AND THE EAST LINE OF
SAID LOT 3 A DISTANCE OF 195.80 FEET TO THE BEGINNING OF A 10.00
FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHWEST, SAID
CURVE BEING A PART OF A CUL-DE-SAC OF GENEVIEVE STREET,
CONCAVE TO THE SOUTH;
THENCE, NORTHWESTERLY ALONG SAID CUL-DE-SAC AND SAID EAST LINE
OF LOT 3 AND ALONG SAID CURVE AN ARC LENGTH OF 9.48 FEET
THROUGH A CENTRAL ANGLE OF 54018'53" TO THE BEGINNING OF A 50.00
FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTH;
THENCE, CONTINUING NORTHERLY ALONG SAID CUL-DE-SAC AND SAID
EAST LINE OF LOT 3 AND ALONG SAID CURVE AN ARC LENGTH OF 122.11
FEET THROUGH A CENTRAL ANGLE OF 139055'18" TO A CORNER OF SAID
LOT 3, SAID POINT ALSO BEING A CORNER OF LOT 2 OF SAID TRACT;
THENCE, CONTINUING SOUTHERLY ALONG SAID CUL-DE-SAC AND THE
WEST LINE OF SAID LOT 2 AND ALONG SAID CURVE AN ARC LENGTH OF
129.77 FEET THROUGH A CENTRAL ANGLE OF 148042'28" TO THE
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BEGINNING OF A 10.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE
SOUTHEAST;
THENCE, CONTINUING SOUTHWESTERLY ALONG SAID CUL-DE-SAC AND
THE WEST LINE OF SAID LOT 2 AND ALONG SAID CURVE AN ARC LENGTH
OF 9.48 FEET THROUGH A CENTRAL ANGLE OF 54018'53" TO THE EAST
RIGHT-OF-WAY OF GENENVIEVE STREET AS SHOWN ON SAID TRACT;
THENCE, SOUTH ALONG SAID EAST RIGHT-OF-WAY AND SAID WEST LINE
OF LOT 2 A DISTANCE OF 18.75 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 2, SAID POINT ALSO BEING THE NORTHWEST POINT OF LOT 1 OF SAID
TRACT;
THENCE, SOUTH ALONG SAID EAST RIGHT-OF-WAY AND THE WEST LINE OF
SAID LOT 1 A DISTANCE OF 177.34 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 1;
THENCE, LEAVING SAID EAST RIGHT-OF-WAY AND SAID WEST LINE OF LOT
1 AND GOING SOUTH 89038'30" WEST A DISTANCE OF 50.00 TO THE POINT
OF BEGINNING.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any
existing easements for public utility purposes belonging either to the City of San Bernardino
or to any public utility. Reservation of easements are made in accordance with the provisions
of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of
California, as specifically set forth:
1. There is hereby specifically reserved for the CITY OF SAN BERNARDINO, an
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 and
renew one or more pipelines or appurtenances thereto for the transportation of water,
including the right of ingress and egress thereto.
2. There is hereby specifically reserved for SOUTHERN CALIFORNIA EDISON,
its successors, heirs and assigns, an easement over the entire area proposed to be vacated,
with the necessary rights to use, maintain, operate, repair, replace, remove, or renew
existing overhead facilities used and useful for the Transmission/Distribution of electric
energy and for the transmitting intelligence by electric means to the public and necessary
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fixtures and appurtenances and said easement shall include rights of ingress and egress
thereto.
3. There is hereby specifically reserved for SOUTHERN CALIFORNIA GAS
COMPANY, its successors, heirs and assigns, an easement in, upon, over, and across the
entire area proposed to be vacated, to construct, place, operate, inspect, maintain, enlarge,
repair, replace and remove any existing and future facilities, and necessary fixtures and
appurtenances and said easement shall include rights of ingress and egress thereto.
4. There is hereby specifically reserved for FRONTIER CALIFORNIA INC., its
successors, heirs and assigns, an easement over the entire area proposed to be vacated, with
the necessary rights to use, maintain, operate, repair, replace, remove, or renew existing
overhead facilities, used and useful for telecommunications purposes, and necessary
fixtures and appurtenances and said easement shall include rights of ingress and egress
thereto.
SECTION 4. It is hereby determined that the vacation of said street is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant
to § 15061(b)(3) (Review for Exception).
SECTION 5. This Resolution shall have no effect until a certified copy of this
Resolution is filed with the San Bernardino County Recorder's office, and such filing shall not
take place until written concurrence for such filing is received from the Water Department and
the Public Works Department. At such time the afore mentioned written concurrence is
received, the City Clerk is directed and authorized to file a certified copy of this Resolution
with the County Recorder. In the event that this resolution is not filed with the County
Recorder within twelve (12) months of its adoption, all proceedings for the proposed street
vacation as stated herein, shall terminate.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF
GENEVIEVE STREET NORTH OF WABASH STREET AND SOUTH OF
MAGNOLIA AVENUE AND THE RESERVATION OF UTILITY EASEMENTS
THEREIN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
19th day of July 2017, by the following vote, to wit:
Couneil Members: AYES NAYS
MARQUEZ X
BARRIOS X(S)
VALDIVIA X(M)
SHORETT X
NICKEL X
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
Georgean anna, CM City Clerk
The foregoing Resolution is hereby approved this 19'h day of Jul 2017.
v�
R. Carey D is, Mayor
City of Sari Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
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Exhibit "A"
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STREET VACATION
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IN THIS EXHIBIT. THIS EXHIBIT MAY CONTAIN INFORMATION COPVMHTED TO THE COUNTY OF SAN BERNARDINO, CA
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PROPOSED STREET VACATION '—
ow. NO.
CITY OF SAN BERNMD)NO. CA
B*NADIMAN, DATE: 11-411-16
JOB NO.: 184355