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RESOLUTION NO. 2017-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO REOPEN THE
PUBLIC HEARING FOR THE VACATION OF A PORTION OF "I" STREET
SOUTH OF RIALTO AVENUE AND THOSE PORTIONS OF THE EAST -WEST
ALLEYS AND ONE NORTH -SOUTH ALLEY, BETWEEN RIALTO AVENUE AND
3RD STREET TO CONSIDER THE RESERVATION OF AN ADDITIONAL
EASEMENT FOR PUBLIC SIDEWALK AND PEDESTRIAN PURPOSES
WHEREAS, on August 18, 2014, the Mayor and City Council opened a public
hearing for the vacation of a portion of "I" Street South of Rialto Avenue and those portions
of the East-West Alleys and one North-South Alley, between Rialto Avenue and 3'd Street
where interested persons did offer evidence to the Mayor and City Council; and
WHEREAS, on September 2, 2014, the Mayor and City Council having heard
evidence from all interested persons did close the public hearing and adopted Resolution
2014-340, ordering the vacation of a portion of "I" Street South of Rialto Avenue and those
portions of the East-West Alleys and one North-South Alley, between Rialto Avenue and 3rd
Street, and reserving utility easements therein; and
WHEREAS, the proceedings to vacation of a portion of "I" Street South of Rialto
Avenue and those portions of the East-West Alleys and one North-South Alley, between
Rialto Avenue and 3rd Street are concluded once a resolution ordering the vacation has been
recorded in the office of the County Recorder; and
WHEREAS, Resolution 2014-340 has not been recorded in the San Bernardino
County Recorder's office.
NOW, THEREFORE, 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 hereby
declares its intention to reopen the public hearing to consider the vacation of a portion of "I"
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Street South of Rialto Avenue and those portions of the East-West Alleys and one North-
South Alley, between Rialto Avenue and 3rd Street, located in the City of San Bernardino, as
described on each of the legal descriptions and depicted on each of the maps attached hereto
9 and incorporated herein as Exhibits "A" through "J" inclusive.
SECTION 2. The Mayor and City Council, in vacating the above described portion
of said street, elects to proceed under and in accordance with the provisions of Chapter 3 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 3. The hour of 5:00 p.m. on October 4d', 2017 in the Third Floor Board
Room, 201 North `B" Street, San Bernardino, California, is fixed as the time and place when
and where all persons interested in or objecting to the proposed vacation may appear before
the said Mayor and City Council and offer evidence in relation thereto. For further particulars
as to the proposed vacation, reference is made to that map marked "Plan No. 13012",
approved on Februrary 18, 2014, a copy of which is on file in the office of the City Clerk of
said City.
SECTION 4. 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 SOUTHERN CALIFORNIA EDISON,
its successors, heirs and assigns, an easement over the entire portion of "I" Street,
Broadway Street (alley), and Main Street (alley) proposed to be vacated, to construct,
place, operate, inspect, maintain, repair, replace and remove any overhead or underground
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electrical transmission and/ or distribution structure consisting of wires, cables, conduits,
poles, pole anchors and guy wires, manhole markers and necessary fixtures and
appurtenances and said easement shall include rights of ingress and egress.
2. There is hereby specifically reserved for SOUTHERN CALIFORNIA GAS
COMPANY, its successors, heirs and assigns, an easement over the east half portion of "I"
Street proposed to be vacated, to construct, place, operate, inspect, maintain, repair and
replace underground pipes and necessary fixtures and appurtenances and said easement
shall include rights of ingress and egress.
3. There is hereby specifically reserved for TIME WARNER CABLE, its successors,
heirs and assigns, an easement over the east half portion of "I" Street, and the entire portion
of Main Street (alley) proposed to be vacated, to construct, place, operate, inspect,
maintain, repair and replace underground and overhead structures consisting of wires,
cables and necessary fixtures and appurtenances and said easement shall include rights of
ingress and egress thereto.
4. There is hereby specifically reserved for the SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, an easement for railroad facilities and
appurtenances over portions of the areas proposed to be vacated, as described on each of
the legal descriptions and as depicted on each of the maps attached hereto and incorporated
herein as Exhibits "K" through "T" inclusive.
5. There is hereby specifically reserved for the CITY OF SAN BERNARDINO, an
easement for water utility purposes over the portion of "I" Street, the south half portion of
Broadway Street (alley), and the south half portion of Main Street (alley) proposed to be
vacated, including the right at any time, or from time to time, to construct, maintain,
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operate, replace and renew one or more pipelines or appurtenances thereto for the
transportation of water, including the right of ingress and egress thereto,
6. There is hereby specifically reserved for the CITY OF SAN BERNARDINO, an
easement for sewer purposes over the east half portion of "I" Street, and the entire portion
of Broadway Street (alley) 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 sewers, including the right of ingress and egress thereto,
7. There is hereby specifically reserved for the CITY OF SAN BERNARDINO, an
easement for storm drain purposes in, under, across and over the entire portion of "P' Street
proposed to be vacated, including the right at any time, or from time to time, to construct,
maintain, operate, replace and renew appurtenances thereto for storm drain use, including
the right of ingress and egress thereto.
8. There is hereby specifically reserved for the CITY OF SAN BERNARDINO, an
easement for public sidewalk and pedestrian purposes and appurtenances over the portion
of "I" Street proposed to be vacated, as described in the legal description attached hereto
and incorporated herein as in Exhibit "U" and depicted the map attached hereto and
incorporated herein as Exhibit "V".
SECTION 5. The Director of Public Works of the City of San Bernardino hereby is
directed to cause Notices of Street Vacation to be posted as required by said "Public Street,
Highways and Service Easements Vacation Law."
SECTION 6. The City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause notice of the hearing on the proposed vacation to be published once
a week for two successive weeks in The Sun, a newspaper published and circulated in the City
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of San Bernardino, prior to the above date set forth for the public hearing as required by said
"Public Street, Highways and Service Easements Vacation Law."
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28.
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO REOPEN THE
PUBLIC HEARING FOR THE VACATION OF A PORTION OF "I" STREET
SOUTH OF RIALTO AVENUE AND THOSE PORTIONS OF THE EAST -WEST
ALLEYS AND ONE NORTH -SOUTH ALLEY, BETWEEN RIALTO AVENUE AND
3RD STREET TO CONSIDER THE RESERVATION OF AN ADDITIONAL
EASEMENT FOR PUBLIC SIDEWALK AND PEDESTRIAN PURPOSES
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
e day of September 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS X
VALDIVIA X
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X(S)
NAYS ABSTAIN ABSENT
Georgea9 Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 6h day of September 2017.
R. Carey Dav's, Mayor
City of San gernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: L�
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