HomeMy WebLinkAboutMC-071
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ORDINANCE NO.
;lC-71
ORDINANCE REZONING A CERTAIN PARCEL OF LAND, AND AMENDING
THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN !
SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION
NO. 1200, LOCATED ON THE NORTH SIDE OF LITTLE LEAGUE DRIVE, EAST
OF THE SOUTHERLY EXTENSION OF MAGNOLIA AVENUE AND SOUTH OF CABLE
CREEK FLOOD CONTROL CHANNEL) .
THE t~YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO Ii
DO ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Chapter 19.06 of the San Bernardino
Municipal Code, the real property described in Exhibit "A",
attached hereto and incorporated herein by reference, generally
located on the north side of Little League Drive, east of the
southerly extension of Magnolia Avenue and south of Cable Creek
Flood Control Channel, is rezoned from R-3-3000 Multiple Family
Residential District to MIlP-PRD-6U Mobile Home Park Planned
Residential Development District at six units per net acre.
SECTION 2. The Zoning map, which is incorporated by
reference in Section 19.06.020 of the San Bernardino Municipal
Code, is amended to reflect the change of zone set forth in this
ordinance.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof,
held on the_15th day of
, 1981, by the
lJune
following vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Botts, Hudson, Hobbs, Strickler
NAYS:
None
ABSENT:
None
/k~~
c""~>>d %/7/ /V/~
/ City Clerk
MC-71
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The fo):~going ordinance is hereby approved this /'7/'it day
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of
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Approved as to form:
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L~II4N$
C'ity A orney
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, 1981.
ernardino
MC-7l
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PIIHCEL NO: 1:
All that certain real property locat.cd :tn the County of Siln Rcrn..J.rclino,
State of California, described as follOl,G:
That portion of the Northerly 320 feet of Dlock 71, plat of tl.,e town of
Irvington and the Land of Irvington Land and \"Ia ter Company, in the County
of San Bernardino, state of Califc)l'niiJ; as per mop r-ccordccl ill Book- 3,.page
9 of NiJps, in the office of the County Hee'order of s(1id. County, lying South-
westerly of that parct:~l of land conveyed to San Bernal-clino County. Flood
Control District by deed recorded December 13, 1948, .in Dook 2334, page 300 of
Official Records.
PARCEL NO.2:
Those portions of Block 65 and 66,. Irvington Land and '"later Company Subdivision
and of the right of \"lay of cajon Avenue, as vacated by an ordinance of the
Board of Supervisors of San Bernardino County, recorded in 'Book 730, page
369, Official Records, in the County of San Bernardino, state of Caiifornia, as
recorded in Book I, page 32, records of Survey, included \"lithin the following
described boundaries:
Beginning at a poi~t in a line parallel \"lith and distant 179.37 feet North-
\"lesterly measured at right angles from the North~lesterly line of original 100
foot right of way of Palm Avenue,1 as shO\'Jn on said map, distant thereon
North 270 15' 52" East 13.66 feet from the northeasterly line 01 '.~enc1all Drive,
by deed recorded November 13, 1925, in Book 33, page 28~, Official Records;
thence course "AII from a tangent bcarinCJ Norlh 410 36' JAil \'lest, l-jorthwestcrly
along a curve concave Nortlleasterly,and Ilavi_ng a radius of 570.00 feet
through an angle of 180 26' 47", an arc distil.nt of 183.51 feet; thence course
"Bll ~angent to said curve, North 230 09' 27" \I}est; 119.23 feet to the beginning
of a tangent curve concave South\.;estcrly il<tcl having il radius of 200.00 feet;
thence co~rse IIC" Northwesterly @long said curve, through an angle of 720 14'
33", an arc distance of 252.17 feet; thence coursp IID"- tangent to said CUY\{C,
South 840 36' 00" West, 251.15 feet to the beginning of a tangent Cllrve CO!lCaVe
Northerly and having a radius of 2.62.00' ..eel j t}wncc course "E" \'}cstcrly along
said curve, through an angle of 10 47' 20" an arc di~tancc of 8.18 f~et to
said Northeasterly line of .Kenclall Drive i thence course "F" along S-c:iid North-
easterly line, Harth 580 09' 24" \'lest, ~54.3~ feet to the HorUwesterly line
of the southeasterly 10.00 feet of t:hc origitlal. 80 foot right of WilY of Chestnut
Avenue, as sho\Vn on said t1ap; thence along SJic1 llortll'....'esterly liner Horth 270
22' 261. East to tIle center line {or conti,n\latj.on thereof} of a 130 foot easement
for a. floocl control r;hannel, as qral1tec1 to Siln Bernardino County, by deed recorded
Novmeber 15, 1948, in Book '2321, pElge 57, Officiol Hecords; th0nc~ along said
centerline r southeast:erly to the intcr~cction thereof ....Ji._ th suid 1 i ne parallel
\vith and distant 179.39 feet Horth\..,c~,:;tcrly, meCl5ured at righL anglf's from 5i1id
NorthVlestcrly line of the Ori9.1 nal 100 foot rig})t of: \...ay oE Palm f\venuc; thence
along said parallel line, South 2~/o 151 22" \>JL'~;t to the point of bcqinning.
Except any portion thereof lying Southerly of the northC'rly line of the casement
as gruntec1 to the City of San Bcrnanlino, by dced recorded April 18, 1972, in
Book 7911; page 578, Official Hecords.
(continuedJ
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r:XlllBI'r "1\" CCtlTINlJED
t 7- IYp I;LM
MC-71
}\lso except. all minerals, oils, 9<1S0.:'; iln<.l dtlwr nyclroc<J.rbons by wh()t~;oever
name knoHn that may be \...ithin or undr:t> that porti.on of ~aid p.:lrccl of l[1nd
lying Southeasterly of a line paralful with and distant 71~.66 feet South-
easterly, measured at right ill1rJlcs from the Southcil~tcrly line of said origina.l
80 foot right of \-o,'ElY of Chestnut Avenue, as reserved in the deeds of the
State of California, recorded l\pril 19, 1957, in Book 4~lO, pages 202 and
206, Official Records.
Also except all miner.J.Is, oils, gC1ses and otl-ler hydrocul-bons by \.,rhatsoevcr
name known that may be witllin or under tllat !Jortion of said parcel of land
lying Northwesterly of a line parallel with and distant 712.66 feet South-
easterly, measured at right angles, from said Souttleastcrly line of the
original 80 foot right of way of Chestnut Avenue, without, }lowever, the
right to drill dig or mine through the surface thereof.
PARCEL NO.3:
Those portions of Lots 1 to 11, inclusive, Truct No. 3167, in the County of
San Bernardino, State of California, as per map recorded in Dook 42 of Haps,
page 59, in the office of the County Recorder of said County, and that portion
of Lot (or Block) 71, lying Northeasterly of said Tract No. 3167, as said Int
(or Block) 71 is shown on plat of the town of Irvington and the Land of .
Irvington Land and \1ater Company, as. per map recorded in nook 3 of Haps, page
9, in the office of the County Recorder of said County, lying within the
following described boundaries:
Beginning at the most Easterly corner of said Lot 1 i tIle nee aloI)(] tbe South-
easterly line of said Int, South 270 2~' 26" "Jest, ~26.90 feet to the most
Southerly corner of said Lot 1; thence along the Sout1Ih.'cstcrly line thereof,
North 580 09' 24" West, 19.15 feet; thence North 480 57' 13" West, 45.78 feet;
thence from a tangent bearing North 470 53' 17" "Jest, Ilorthwesterly along a
curve concave Northeasterly and llaving a radius of 17.912 feet throbgh an
angle of 00 42' 17" an arc distance of 220..36 feet; thence tangent to said.
curve North 470 11' 0011 \~est, 1098.80 feet to ~ point in the 110rtheasterly
prolongation of the North<<"sterly line of Lot 13 of .said Tract No. 3167,
distant along said prolongation, North 270 30' 04" East, 69.31 feet from the
most Northerly corner of said Lot 13; thence alon) suid pJ:-olongation North
27" 30' 04" East, (recorded North 280 04' 3D" East ElS per Tract 110. 3167) to
the intersection thereof \-lith the South1,oJe~;terly linc;, of the Northeasterly 320.00
feet of said Lot (or Block) 71; thence SouthcLlstcrly along said Southwesterly
line to the illtersection tllereof with tile Northeasterly proloTlgation of the
southeast~r1.y line .of said Lot 1; thence along the last l;cntioned tJorthcastcrly
prolongation South 270 22' "26" \'1cst (recorded tJoL"th 270 S7' 15" Enst per Tract
No. 3167) to the point of beginning.
Excepting t.hercfrom all oil, oil ri<Jhts, miIl0rals, IOIinerill rights, natural
f)as, natural gas rights Clnd other hydrocilrbons by \.]h<1tsO{~Vf~r name kno\..rn that
Jnay be within or under the pill~cel of land Iierrdlldbovt~' tll'scribe(l, toqcther
\.Jith the perpetual right of drillinCJ min.i ng, c:-:ploriIl<) and opel"ati n<J t1H'::l:cfor.
and removing the same from said lan(l or {lilY other land, i ncludinq the right to
whi!~st.ock 'or directionally drill and mi.nc from -land~i other than tho!Se hercin-
(continued)
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EXIlIIlI'l\ "/I" CONTINUED
( t? j 11/4 /7-If'd
above descri.bed, oil or gas \"clls, tunnels and snilfts into, thrOtlgh or
across, the subsurfu.cc of the lanD hel.cinabovc described, and to bottom
such whipstock or dircctionally drilled \vell~;, tunn01s ilnd shafts under
and beneath or beyond the c:xtcri.o~ limits. t.hc!'cof, and- to redrill, re-
tunnel, equip, tnoihtain, repair, deepen i\~"\d opf.?ratc Cloy such Hells or
mines, without, ho\....cvor, the right to drill, mine explore iind Or:~rilte
tf,rough the surface ot the uppe): 100 feet of the subsurface of the land
hereinabove described or otherwise in such manner as to endanger the
safety of any high\Y'oy that may be constr'lctcd on said lands, as reserved
in the deeds from r-tar~l Louise stauffer, to t.he State of California, record-
ed I-lay 3, 19~;7 in Ilook 4221, page 462, Official Records, (affects Lots 1
and 2 of Tract No. 3167) \'1. II. Casady, to the State of California, recorded
Hay 10, 1957 in Book 4227, page 279, Official Hecords, (affects Lot 6 of
Tract No. 3167); nary Louise Stauffer, to the State of California, recorded
Hay 3, 1957 i)1 Book 4221, page 457, Official Records, (affects Lot 9.of
Tract No. 3167); IV. II. Casady, to the State of California, recorded I.lay 10,
1957 in Book 4227, page 275, Official Records, (affects a portion of Block
71); Mary Louise Stauffer, to the state of C<:llifornia, recorded l'~ay 3, 1957
in Book 4221, 1=>ag,e 449, Official Records, (affects a port~on of Illock 71);
Nnry Louise Stauffer, to the state of California, recorded nay 3, 1957 ,in
'Book 4221, page 453, Official Records, (affects a portion of Illock 71).
Also excepting therefrom one-hal~ of all oil, ga.s and other llydrocarbons
and minerals, now or at any time hereafter situated th~rein and thereunder,
or produciblo thcrefrom, together with the free and unlimited right to
mine, drill and borc bencatll .tlle surface of saj,d land at any level or levels,
100 feet or morc bclo\., the surface for the purpose of development or removal
of such substaJ1CeS, as reserved in the deed fro~ W. tI. Casady to hugust
Siola.and Josep);ine Siola, recorded February 29, 1956 in Book 3869, page
434, Official Records. (affects Lot 11 of Tract No. 3167 alld a ["rtion of
Lot or Bloc); 71, above described).
And further excepting and reserving unto the state of California all minerals,
oils, gases and other hydrocarbons by vlhatsoever n()rr_~ knov;n that may be
within or under the tlci.~cill cUJ)vcyec1 portions of Lots 3, 4, 5, 7, 3, 10 and
11 of said Tract No. 3167, togettlcr" with tlle remaining one-half interest in
.and to said minerals., oil, gases and hydrocarbons by v:hatsoever nawe kno\.m
that may be "....ithin or under said herein conveyed portion of said L0t (or
Illock) 71, lying Northwesterly of the Northeasterly prolongation of the North-
westerly )ine of Lot 10, of said Tract IJo. 3167, without, however, tile right
to drill, dig or mine through the surface of U1C herein conveyed parcel of
land, as contained in t:he deed ('rom thc..' state of California to Sol Nurtino,
all unmarried man, dated February 2, 19C)2 and recorded I.larch (I, 1':'62.
,NOTE: Said land is also ShOVlTl on the licensed land surveyor's rn.:'.p recorded
in Ilook 1, page 32, records of Survey.
/llso exceptin'J therefrom any portion thereof lying Southerly of the Northerly
lipc. of the casement as granted ~o the City of Sail Bernardino by deed recor.ded
April 18, 1972 in Dook 7911, page 57[\, Official. Records.
(PARCEL NO. NINE HUNDRED THIRTY-SIX - PETITION NO. 1200)
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