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RESOLUTION NO. 2017-225
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING TO CONSIDER THE VACATION OF PORTIONS OF HOME
AVENUE, "I" STREET AND MONTGOMERY STREET 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 hereby
declares its intention to conduct a public hearing to consider the vacation of portions of Home
Avenue, "I" Street and Montgomery Street, located in the City of San Bernardino, more
particularly described as follows:
THE LAND REFERRED BELOW IS SITUATED IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
AND IS DESCRIBED AS FOLLOWS:
VACATION #1:
THAT PORTION OF THIRTEENTH STREET AND LOTS 3 AND 14 OF LEONARD
ACRES, AS PER MAP RECORDED IN BOOK 21, PAGE 69 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 14, SAID POINT ALSO
BEING ON THE SOUTH RIGHT-OF-WAY OF SAID THIRTEENTH STREET,
SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY OF MONTGOMERY
STREET (ALSO KNOWN AS HARRIS STREET) AS IT EXISTS TODAY (60.00
FEET WIDE), SAID POINT ALSO BEING ON THE BOUNDARY OF THAT
PORTION OF THIRTEENTH STREET VACATED BY RESOLUTION 2006-429
RECORDED DECEMBER 08, 2006 AS INSTRUMENT NO. 06-850344 AND
RECORDED JANUARY 17, 2007 AS INSTRUMENT NO. 07-32775, BOTH OF
OFFICIAL RECORDS OF SAID COUNTY;
THENCE, SOUTHERLY ALONG THE EAST LINE OF SAID LOT 14 AND THE
EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET TO THE
SOUTHEAST CORNER OF SAID LOT 14, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID LOT 3;
THENCE, CONTINUING SOUTHERLY ALONG THE EAST LINE OF SAID LOT 3
AND THE EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET A
DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY OF REECE
STREET AS IT EXISTS TODAY (60.00 FEET WIDE);
THENCE, WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY OF REECE STREET
A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTHERLY
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PROLONGATION OF THE WEST RIGHT-OF-WAY OF SAID MONTGOMERY
STREET;
THENCE, NORTHERLY ALONG SAID PROLONGATION OF THE WEST RIGHT-
OF-WAY OF SAID MONTGOMERY STREET AND THE WEST RIGHT-OF-WAY
OF SAID MONTGOMERY STREET TO A POINT ON THE NORTH LINE OF
SAID LOT 14, SAID POINT IS ALSO 35.00 FEET EAST OF THE NORTHWEST
CORNER OF SAID LOT 14, SAID POINT ALSO LYING ON THE SOUTH RIGHT-
OF-WAY OF SAID THIRTEENTH STREET;
THENCE, NORHTERLY ALONG THE NORTHERLY PROLONGATION OF THE
WEST RIGHT-OF-WAY OF SAID MONTGOMERY STREET A DISTANCE OF
60.00 FEET TO THE NORTH RIGHT-OF-WAY OF SAID THIRTEENTH STREET,
SAID POINT ALSO BEING ON THE SOUTH LINE OF LOT 18 OF SAID
LEONARD ACRES;
THENCE, EASTERLY ALONG SAID NORTH RIGHT-OF-WAY OF THIRTEENTH
STREET AND SAID SOUTH LINE OF LOT 18 A DISTANCE OF 60.00 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET,
SAID POINT ALSO BEING ON THE NORTHERLY PROLONGATION OF THE
EAST LINE OF SAID LOT 14, SAID POINT ALSO BEING ON THE BOUNDARY
OF SAID VACATION OF THIRTEENTH STREET;
THENCE, SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY OF MONTGOMERY
STREET AND ALONG SAID NORTHERLY PROLONGATION OF LOT 14 AND
SAID BOUNDARY OF THE VACATION OF THIRTEENTH STREET A
DISTANCE OF 60.00 TO THE POINT OF BEGINNING.
VACATION #2:
THAT PORTION OF HOME AVENUE AND "I" STREET OF CENTRAL HOME
TRACT, AS PER MAP FILED IN BOOK 25, PAGE 4, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF BLOCK `B" OF SAID
CENTRAL HOME TRACT, SAID POINT ALSO BEING ON THE SOUTH RIGHT-
OF-WAY OF HOME AVENUE (53.00 FEET WIDE) AS SHOWN ON SAID
CENTRAL HOME TRACT, SAID POINT ALSO BEING ON THE BOUNDARY OF
THAT PORTION OF "I" STREET VACATED BY RESOLUTION 2006-429
RECORDED DECEMBER 08, 2006 AS INSTRUMENT NO. 06-850344 AND
RECORDED JANUARY 17, 2007 AS INSTRUMENT NO. 07-32775, BOTH OF
OFFICIAL RECORDS OF SAID COUNTY;
THENCE, WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY OF HOME
AVENUE AND ALONG THE NORTH LINES OF LOTS 1, 2, 3, 4 AND 5 OF
BLOCK "B" OF SAID CENTRAL HOME TRACT A DISTANCE OF 250.00 FEET
TO THE NORTHWEST CORNER OF SAID LOT 5;
THENCE, NORTHERLY A DISTANCE OF 53.00 FEET TO THE SOUTHWEST
CORNER OF LOT 26 OF BLOCK "A" OF SAID CENTRAL HOME TRACT, SAID
POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY OF SAID HOME
AVENUE;
THENCE, EASTERLY ALONG THE NORTH RIGHT-OF-WAY OF SAID HOME
AVENUE AND ALONG THE SOUTH LINES OF LOTS 26, 27, 28, 29 AND 30 OF
SAID BLOCK "A" A DISTANCE OF 250.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 30, SAID POINT ALSO BEING THE INTERSECTION OF
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THE NORTH RIGHT-OF-WAY OF SAID HOME AVENUE WITH THE WEST
RIGHT-OF-WAY OF "I" STREET AS SHOWN ON SAID CENTRAL HOME
TRACT;
THENCE, NORTHERLY ALONG THE EAST LINES OF LOT 30 AND LOT 1 OF
SAID BLOCK "A" AND SAID WEST RIGHT-OF-WAY OF "I" STREET A
DISTANCE OF 265.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1,
SAID POINT ALSO BEING THE INTERSECTION OF THE WEST RIGHT-OF-
WAY OF SAID "I" STREET WITH THE SOUTH RIGHT-OF-WAY OF
FOURTEENTH STREET (60.00 FEET WIDE) AS SHOWN ON SAID CENTRAL
HOME TRACT;
THENCE, EASTERLY ALONG THE EASTERLY PROLONGATION OF THE
NORTH LINE OF SAID LOT 1 AND THE EASTERLY PROLONGATION OF THE
SOUTH RIGHT-OFWAY OF SAID FOURTEENTH STREET A DISTANCE OF
48.57 FEET TO THE CENTER LINE OF SAID "I" STREET;
THENCE, SOUTHERLY ALONG SAID CENTER LINE OF "I" STREET TO THE
NORTH BOUNDARY OF SAID PORTION OF "I" STREET VACATED BY
RESOLUTION 2006-429;
THENCE, WESTERLY ALONG SAID NORTH BOUNDARY OF THAT PORTION OF
THE VACATION OF "I" STREET A DISTANCE OF 48.57 FEET TO THE POINT
OF BEGINNING.
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 December 20th, 2017 in the Third Floor Board
Room, 201 North "E". 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. 13099",
approved on 1/9/2017, 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
I 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
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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, an easement for sewer 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 sewers, including the right of ingress and egress thereto, an easement for storm
drain purposes in, under, across and 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 appurtenances thereto for storm drain use, 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
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,
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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 the telecommunications purposes, and necessary
fixtures and appurtenances and said easement shall include rights of ingress and egress
thereto.
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
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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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING TO CONSIDER THE VACATION OF PORTIONS OF HOME
AVENUE, "I" STREET AND MONTGOMERY STREET 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
15th day of November 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
George arena, CM , City Clerk
The foregoing Resolution is hereby approved this 15a' day of November 2017.
J7J
R. Carey Dav
i, Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
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