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HomeMy WebLinkAbout2019-288Resolution No. 2019-288 RESOLUTION NO. 2019-288 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF INSTITUTION ROAD, JUST SOUTH AND WEST OF CAJON BOULEVARD AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, On March 22, 2017, a petition to vacate a portion of Institution Road, just south and west of Cajon Boulevard was received from Dennis S. Rice; and WHEREAS, On July 19, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13143 to vacate a portion of Institution Road, just south and west of Cajon Boulevard; and WHEREAS, On August 7, 2019, Resolution No. 2019-258 was adopted declaring its intention to conduct a public hearing to order the vacation of portions of Institution Road, just south and west of Cajon Boulevard, declaring the reservation of utilities easements therein and granting authority to publish and post notices of the public hearing; and WHERAS, On September 18, 2019 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to the vacation of portions of Institution Road, just south and west of Cajon Boulevard. 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 San Bernardino, California, in vacating a portion of Institution Road, just south and west of Cajon Boulevard, elects to proceed 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 Institution Road, just south and west of Cajon Boulevard as described on each of the legal descriptions attached hereto and incorporated as Exhibit "A" and depicted on each of the maps attached hereto and incorporated herein as Exhibit `B." SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations 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. No reservations of easement were requested from any public utility company or other public entity. Resolution No. 2019-288 SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility -that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall beco effective immediately. APPROVED and ADOPTED by the City an si ' ied by the Mayor and attested by the City Clerk this I e day of Sojember 2019 fohn Valdivia, Mayor City of San Bernardino Attest: C�+ '- Georgeann Ha na,'i MMC, City Clerk I J; Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-288 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a hue copy of Resolution No. 2019-288, adopted at a regular meeting held on the 18d' day of September 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ MARRA FIGUEROA X SHORETT_ _ NICKEL X RICHARD x MULVIHILL _X WITNESS my hand and official seal of the City of San Bernardino this 18'b day of September 2019. Feorgeann 1 a1, C, City Clerk A ■ PROJECT M40 RIDGE SAN EXHIBIT "A SHEET 1 OF 1 BERNARDINO ONE APN. 0262-051-41 STREET WaVI )N OF POR770N OF DOC N0. 2015-0341474 O.R. THAT POR170N OF PARCEL 6 OF PARCEL A94P INC 19". IN THE CITY OF SAN BERNARDIIVO, COLWY OF SAN BERNARDANO, STATE OF CAL/FO9ft AS PD? 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EXHIBfT IB" ATTACHED HERETO AND BY THIS RFFEROCCE A410E A PART HEREOF. CONTAINS.• 3,890 SQUARE FEET OR 0.089 ACRES MORE OR LESS. Leet 14 W 03/92/17 0:\3481\E9 AW9\3481 V -ft PREPARED BY: Threnes Engineering, /nc. LL7L,MWsuQr::r�c f•143l9lallldE 61D�1941�D iMINK CWJMWM AMM f( f fA SURVEYOR.•. TL L ASV LSA NO. 5750 REG. EXP. DEC. 31, 2017 L 03 / 22 / 11N . 5750 60— K�x: PF C PROJECT NAME RIDGE SAN BERAMUNO ONE APN. 0262-051-41 150.00' T IQ I IQ I I o I I � I EXHIBI T "B" STREET V"WN OF PORTION OF DOC NO. 2015-0341478, O.R. APN.• 0262-051-42 PARCEL 7 PARCEL MAP NO. 19349 P.M.N 244 / 1-8 I 0 I VACATED BY REsmu7xw -j // j� 4,2015 AS I q ( DOC MR 21015-0476955, QR. / w NORTMNESTERLY UNE OF PARCEL 6 I I I I SHEET 1 OF 3 SCALE: 1"= 150' I IQ I� I I I h I o I 14- N 51'06'03' E /1149.55' I --, (s`< — — --0 --� --- L4 I Q I I APN.• 0262-051-41 L5 - -I I 1 P.O.B. l L 7 I I PARCEL 6 +' PARCEL MAP NO. 19349 r 150.00' J P.M.B. 244 / 1-8 SEE DETAIL L3 NOTE.• � P.O.B. 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Q 50' WIDE STRIP OF LAND FOR RaWNY PURP105ES TRA4G WM 70 THE 07Y OF SAN 6➢ERliMP"VO BY QUITCLAIM DEEP RECORDED AUGUST 10, 2015 AS DOiQG61ENT NO. 2015-Q341476y O.R. ® 150' NNDE STRIP OF LAND CaV YED 7V SOUTHERN PAClf1C COMPANY (U.P.R.R), REL. 10/13/65 IN BIC 6490/21,13, O.R. AND .5WWN ON RFCORD- OF SUlRWY NO. OD -164, R.S& 120 / 7-14. �5 10' NIDE EASnM/ENT FOR iMChW PURPOSES GRANTED 70 SOMEW C41JFORNU EDSM OOMPAAM REC. DECE710ER 14, 1998 AS DOCUMENT NOn, 19986529236, O.R. (MP Ma 4 OF SAID EASEMENT) SURVEYOR: .. ice. . y/ i lI, � ' _—_ 03!22/17 4RA2NwL --i -— L.S: N0. 5750 WE REC EXP. DEC. 31, 2017 PROJECT NAME RIDGE SAN EXHIBIT RB ff sfmmT 3 OF 3 BERIMUNO ONE APN: 0262-051-41 STREET VACA77ON OF POR71ON OF DOC. NO. 2015-0341478, O.R. 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