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HomeMy WebLinkAbout2017-2371 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-237 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 A PORTION OF CHESTNUT AVENUE NORTH OF LITTLE LEAGUE DRIVE AND SOUTH OF CABLE CREEK CHANNEL AND THE RESERVATION OF A UTILITY EASEMENT 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 a portion of Chestnut Avenue, North of Little League Drive and generally South of Cable Creek Channel, located in the City of San Bernardino, more particularly described in the legal description attached hereto and incorporated herein as Exhibit "A" and depicted on the map attached hereto and incorporated lierein as LIxhibit "B" 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 January 3, 2018 in the Third Floor Board I 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. 13144", approved on July 19, 2017, a copy of which is on file in the office of the City Clerk of said City. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 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. A reservation of easement is 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, and 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. 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." 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 A PORTION OF CHESTNUT AVENUE NORTH OF LITTLE LEAGUE DRIVE AND SOUTH OF CABLE CREEK CHANNEL AND THE RESERVATION OF A UTILITY EASEMENT 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 6'h day of December 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS X VALDIVIA X(S) SHORETT X(M) NICKEL X RICHARD X MULVIHILL X NAYS ABSTAIN ABSENT Georgea anna, C ,City Clerk The foregoing Resolution is hereby approved this 6h day of December 2017. /). ac'�y Lazv R. Carey Dav' , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney EXHIBIT "A" LEGAL DESCRIPTION ROAD VACATION THAT PORTION OF CHESTNUT AVENUE LOCATED WITHIN LOTS 65 AND 71 OF IRVINGTON LAND & WATER COMPANY SUBDIVISION FILED IN BOOK 1 OF SURVEYS, PAGE 32, RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF CHESTNUT AVENUE, HAVING A FULL WIDTH OF 60.00 FEET WITH THE NORTHEASTERLY RIGHT-OF-WAY OF LITTLE LEAGUE DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE NORTH 27°22'55" EAST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 999.37 FEET, MORE OR LESS, TO A POINT PERPENDICULAR TO THE BEGINNING OF THAT CERTAIN CENTERLINE CURVE SHOWN ON PARCEL MAP NO. 4022, FILED IN BOOK 39 OF PARCEL MAPS, PAGE 16, RECORDS OF SAID COUNTY, HAVING A RADIUS OF 150.00 FEET, SAID POINT BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 62°37'05" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, 30.00 FEET SOUTHWESTERLY AND CONCENTRIC TO SAID CENTERLINE CURVE, AN ARC DISTANCE OF 151.35 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT- OF-WAY OF SAID CHESTNUT AVENUE, THROUGH A CENTRAL ANGLE OF 48°11'23", MORE OR LESS; THENCE SOUTH 27'22'55" WEST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 879.79 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT-OF-WAY OF LITTLE LEAGUE DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE NORTH 48°57'20" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 61.75 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 1.26 ACRES THIS LEGAL DESCRIPTION WAS PREPARED BY ME QAREN, LS 8244 EXPIRES 12/31/2017 DAT- 4p.ND S EXP.12/31/17 No. 8244 OF EXHIBIT "B" I - --- i PARCEL 3 j PARCEL 2 30' 30' PAROL MAP NO. 4022 >> S6Y37'05"E. (RAD) I I N Y4!91F 0`P.4� , WASHINGTON R=180.00 \ A=48' 11'23" A STREET L=151.39' 38 37 LnN TRACT NO. 15743 \F,F. MIL 273/6466 \ I .ti rn TRAGI N 3167 M8. 47/59 2 , P.O.B. I 1 "yt N 48'57'20" W 61.75' l ® INDICATES VACATION AREA APPROXIMATELY 1.26 ACRES j Q * EXP. 12/31/17 No, 8244 9p Q F OF THIS PLAT WAS PREPARED BY ME � 11 DAVID B. WARREN, LS 8244 'D&E EXPIRES 12/31/2017