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Home My WebLink About7460_CCv0001.pdf Recorded In Official Records, County of San Bernardino 10/24/2014 ��' DENNIS DRAEGER 9:58 AM gT BM e.neexRy ASSESSOR — RECORDER — CLERK SAN Recording requested by and 'k V'. C Priority Mail when recorded return to: Doc#: 2014—0399431 Titles: 1 Pages: 6 CITY CLERK'S OFFICE Fees 0.00 S 0.00 CITY OF REDLANDS Other 0.00 P.O. BOX 3005 PAID $0.00 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 RESOLUTION NO. 7460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING THAT A PORTION OF A CITY-OWNED ALLEY LOCATED BETWEEN ORANGE STREET AND FIFTH STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE VACATION OF A PORTION OF SAID ALLEY (CITY OF REDLANDS STREET VACATION NO. 161 ) WHEREAS, on September 16, 2014, the City Council of the City of Redlands gave conceptual approval and direction to City staff to proceed with implementation of a rehabilitation plan to convert a City-owned alley located between Orange Street and Fifth Street from public right-of-way to City parkland; and WHEREAS, to effectuate the conversion of the alley to parkland necessitates the vacation of a portion of the alley; and WHEREAS, pursuant to section 8320 of the Streets and Highways Code of the State of California, on October 4, 2014 and October 11, 2014, the City Clerk of the City of Redlands administratively set a hearing on the proposed vacation of the alley by fixing and publishing the date, hour, and place of the hearing, and subsequently caused the posting of the notices, as required by Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California; and WHERAS, on October 21, 2014, the City Council held a duly noticed public hearing on the proposed vacation of the alley and considered all verbal and written testimony provided by persons interested in the proposed vacation; THE CITY COUNCIL OF THE CITY OF REDLANDS hereby resolves as follows: Section 1. The City Council of the City of Redlands, having elected to proceed under the provisions of Division 9, Part 3, Chapters 1 through 3, inclusive, of the Streets and Highways Code of the State of California, and having held a public hearing as provided therein, hereby finds from all evidence submitted that a portion of a City-owned alley located between Orange Street and Fifth Street, and as more specifically described in Exhibit "A" attached hereto and 1 I:\ccIerk\ResoIUtions\Res 7400-7499\7460 Alley Vacation.doc made a part hereof(the "Alley"), is unnecessary for present or prospective public use and that the public interest and convenience require the vacation of that portion of the Alley and the termination of the public right to use the Alley. Section 2. The City Council hereby orders the vacation of a portion of the Alley described in the attached Exhibit "A" and depicted on the attached Exhibit `B." Section 3. Pursuant to section 8340 of the Streets and Highways Code of the State of California, in connection with the vacation of a portion of the Alley described in the attached Exhibit "A," the City of Redlands reserves and excepts from such vacation a permanent easement for in-place public utility facilities that are in use as of the effective date of this resolution to maintain, operate, replace, remove, and renew such in-place utilities in, upon and over the portion of the Alley proposed to be vacated. In accordance with section 8341 of the Streets and Highways Code of the State of California, the reservation and exception for the aforementioned easements are more particularly described in the precise map permanently maintained by the City's Municipal Utilities and Engineering Department. Section 4. Pursuant to section 892 of the Streets and Highways Code of the State of California, the portion of the Alley proposed to be vacated is not useful as a non-motorized transportation facility. Section 5. Pursuant to section 8325 of Streets and Highways Code of the State of California, the City Clerk is hereby directed to cause a certified copy of this resolution of vacation, attested to by the City Clerk under seal, to be recorded in the official records of the county of San Bernardino. ADOPTED, SIGNED AND APPROVED this 21st day of October, 2014. RL S_ Pete Aguilar, Mayor ATTEST: Sam 1 , Ciey Clerk 2 1:1cclerk\Resoluiions\Res 7400-749917460 Alley Vacation.doc I, Sam Irwin, City Clerk of the City of Redlands hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof, held on the 21st day of October, 2014,by the following vote: AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Clerk 3 L\cclerk4Resolutions\Res 7400-749917460 Alley Vacation.doc t b ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on October 21, 2014, before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk of the City of Redlands, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��'��,�p4a r'••.�� ARTHUR S. IRWIN, CITY CLERK * 1888 a ��►rrIIII1100, anne Donaldson, Deputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) { } Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Resolution— Street Vacation No. 161 Date of Document: October 21, 2014 Signer(s) Other Than Named Above: None ---------------- -- ------------ ------- .......... 1 EIT"A" LEGAL DESCRIPTION BEING A PORTION OF THE 14.00 FOOT WIDE ALLEY AS SHOWN ON BLOCK 9,OF TOWN PLAT OF REDLANDS IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO: CALIFORNIA, SAID MAP RECORDED IN BOOK 5,PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 AS SHOWN ON SAID TOWN PLAT; THENCE NORTH 90000"00"EAST A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF LOT 12 AS SHOWN ON SAID TO)ArN PLAT, THENCE SOUTH 00000'00"EAST A DISTANCE OF 14.00 FEET TO THE NORTHEAST CORNIER OF LOT 3 AS SHOWN ON SAID TOWN PLAT; TEIENCE SOUTH 90000'00"WEST A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF LOT 7 AS SHOWN ON SAID TOWN PLAT; THENCE NORTH 00000'00"WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF ORANGE STREET AS SHOWN ON SAID TOWN PLAT A DISTANCE OF 14.00 FEET TO THE POINT OF, BEGINNING. CONTAINING 2,800 SQUARE FEET MORE OR LESS ALL AS SHOWN ON EXHIBIT"B'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL PREPARED BY ME OR UNDER MY DIRECTION. 16-1-4 RICHARD S.FU RhONG, P,L,S, 8422 ATE NL LAAID c� S-F GAG e-- 0 No.8422 OF c kl.W'3 jj e I� I �� - 1 j z �--z 8 9 10 11 12 13 14 zz BLOK9 ME35 / 10 W 1 N90'00' 0"E 200.0 ' , �j W Ixui ALLEY so-oo,oO"E 14-00' co 1 590'0000"W 200.0 1 = = BLOCK 9 z LL I � oo MB5 / 10 :i o 25' LL 0 1 0 7 6 5 A- 3 2 1 z 32' LEGEND SCALE: I"= 40' INDICATES ALLEY AREA I l -pL LAND o��c�P�Q S F��Io�G�.•c CL t Qsr NO. 8422 £p CA�1EBnomearWKI rws,CA 92324 ringg and g sms(sps)707-0101 IT!((jos)783-0100 RIC ARD S FURLONG, P.L.S. 8422 DA 7E