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Home My WebLink About97-081 - ResolutionsRESOLUTION NO. 97-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF CHARLES SMITH AVENUE FROM FOURTH STREET TO +700 FEET SOUTH OF SAN MARINO STREET WHEREAS, by Resolution No. 97-061 passed on May 21, 1997, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularly described, and set the hour of 7:00 p.m. on June 18, 1997, in the City Council Chambers, located at 10500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds all the evidence submitted that a portion of Charles Smith Avenue from Fourth Street to +700 feet south of San Marino Street is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that portion of said City street as shown on Map No. V-146 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibits "A" and "B", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and exceptions, if any, set forth in Exhibit "C", which is attached hereto and by reference made a part hereof. SECTION 3: The Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. PASSED, APPROVED, AND ADOPTED this 18th day of June, 1997. Alexander, Biane, Curatalo, Williams AYES: NOES: None ABSENT: Gutierrez ABTAINED: None · . )~/~an~ er, Mayor Resolution No. 97-081 Page 2 ATTEST: Debra J. Adarn~MC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 18th day of June, 1997. Executed this 19th day of June, 1997, at Rancho Cucamonga, California. ' De~. Adams, M~C,~City Clerk Resolution No. 97-081 Page 3 EXHIBIT "A" LEGAL DESCRIPTION PORTION OF CHARLES SI~ITH AVENUE FOR STREET VACATION (V-146~ BEING THOSE CERTAIN PORTIONS OF CltARLES SMITH AVENUE 0tOCFIESTER AVENUE), IN TI-IE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON TIlE BOUNDARY PLAT OF PARCEL MAP NO. 11222, RECORDED IN BOOK 129, PAGES 57 TItROUGH 60, PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LENE OF LOT 45, MAP OF ROCHESTER, AS RECORDED IN BOOK 9 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY, WITH THE WESTERLY RIGHT OF WAY OF SAID CHARLES SMITH AVENUE. 88 FEET WIDE AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 44, PAGE 4, OF RECORD OF SURVEYS, RECORDS OF SAID COUNTY, SAID RIGHT OF WAY BEING TRE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1056.00 FEET, AND TlltiOUGH WHICH POINT A RADIAL LINE BEARS NORTH 74° 34' 55" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, 179.43 FEET, TI-IROUGH A CENTRAL ANGLE OF 9° 44' 07" TO AN ANGLE POINT THEREIN, THROUGH WHICH A RADIAL LINE BEARS NORTH 64° 50' 48" WEST; THENCE SOUTH 29° 01' 00" EAST, 17.21 FET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE WHICH IS 30.00 FEET WESTERLY OF THE CENTERLINE, BEING THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVI31G A RADIUS OF 1070.00 FEET THROUGH WHICH POINT A RADIAL LINE BEARS NORTH 64° 18' 26" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 22.86 FEET, THROUGH A CENTRAL ANGLE OF 1° 13' 26", TO THE END THEREOF; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 26° 55' 00" WEST, 334.01 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1130.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 530.12 FEET THROUGH A CENTRAL ANGLE OF 26° 52' 45" TO THE END THEREOF; THENCE SOUTH 0° 02' 15" WEST 279.94 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF FOURTH STREET, 60.00 FEET NORTHERLY OF THE CENTERLINE AS SHOWN ON SAID RECORD OF SURVEY, BOOK 44, PAGE 4; Resolution No. 97-081 Page 4 EXI-IIBIT "A"(V-146) ~a~e 2 THENCE ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89° 57' 26" EAST, 30.00 FEET TO TIIE POINT OF INTERSECTION WITH TFIE CENTERLINE OF SAID CHARLES SMITH AVENUE ('ROCI'W~STER AVENUE), SAID POINT BEING AN ANGLE POINT IN TI:YE NORTHERLY RIGHT OF WAY LINE OF SAID FOURTH STREET; Tlq'ENCE SOUTH 89° 58' 12" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 30.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID CHARLES SMITH AVENUE (ROCHESTER AVENUE); THENCE NORTH 0° 02' 15" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE 279.94 FEET TO ~ BEGINNING OF A CURVE, CONCAVE SOUTI-IEASTERLY AND HAVING A RADIUS OF 1070.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 501.97 FEET THROUGH A CENTRAL ANGLE OF 26° 52' 45" TO THE END THEREOF; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 26° 55' 00" EAST, 317.88 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 24, 1972, IN BOOK 7893, PAGES 418 AND 419 OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 29° 05' 48" EAST, ALONG SAID SOUTHWESTERLY LINE 16.88 FEET TO A POINT ON THE RIGHT OF WAY LINE WHICH IS 44.00 FEET EASTERLY OF SAID CENTERLENE OF CHARLES SMITH AVENUE (ROCHESTER AVENUE); THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 26° 55' 00" EAST 25.57 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1144.00 FEET; THENCE NORTHEASTERLY ALONG TIlE ARC OF SAID CURVE, 120.14 FEET THROUGH A CENTRAL ANGLE OF 6° 01' 01", TO THE WESTERLY RIGHT OF WAY LINE OF ROCIt'ESTER AVENUE, 60 FEET WIDE AS SHOWN ON SAID RECORD OF SURVEY, BOOK 44, PAGE 4, TttROUGH WHICH POINT A RADIAL LINE BEARS NORTH 69° 06' 01" WEST; TI-IENCE SOUTH 0° 10' 55" WEST ALONG SAID PARALLEL LINE, 174.03 FEET TO THE NORTHEASTERLY LINE OF THE LANDS AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 7893, PAGES 418 AND 419 OFFICIAL RECORDS OF SAID COUNTY; EXI-1TBIT "A"(V-146) ~a~e 3 Resolution No. 97-081 Page 5 TI:[ENCE SOUTH 29° 05' 48" EAST ALONG SAID LINE 61.34 FEET TO THE POINT OF INTERSECTION WITH ~ CENTERLINE OF SAID ROCttESTER AVENUE AS SHOWN ON SAID RECORD OF SURVEY, BOOK 44, PAGE 4; TFIENCE NORTH 00° 10' 55" EAST ALONG SAID CENTERLINE OF ROCHESTER AVENUE 355.51 FEET TO TFrE PROLONGATION ON THE AFOREMENTIONED NORTH LINE OF LOT 45; THENCE SOUTH 89° 38' 00" WEST 81.14 FEET ALONG SAID NORTHERLY LINE OF LOT 45 TO THE POI31T OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 46, MAP OF ROCHESTER AS RECORDED IN BOOK 9, PAGE 20 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF ROCHESTER AVENUE AS SHOWN ON SAID RECORD OF SURVEY, BOOK 44, PAGE 4, WITH THE NORTH LINE OF SAID FOURTH STREET; THENCE, NORTH 00° 10' 55" EAST ALONG SAID WEST LINE 863.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF 1-15 AS DESCRIBED IN DEED RECORDED IN BOOK 7661, PAGE 893, OFFICIAL RECORDS OF SAID COUNTY, BEING THE POINT OF BEGINNING; THENCE, CONTENUING NORTH 00° 10' 55" EAST ALONG SAID WEST LINE, 61.70 FEET TO THE POINT OF INTERSECTION WITH THAT PORTION OF THE SOUTHViESTERLY RIGHT OF WAY LENE OF 1-15, PER DEED IN BOOK 7893, PAGES 418, AND 419, OFHCIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 29° 05' 48" EAST, 33.56 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID ROCHESTER AVENUE; THENCE SOUTH 27° 01' 51" WEST ALONG THE AFOREMENTIONED SAID WESTERLY RIGHT OF WAY LINE OF 1-15, 36.34 FEET TO THE POINT OF BEGINNING. THE PARCELS DESCRIBED ABOVE ARE AS SHOWN ON THE MAP, EX]HBIT "B", ATTACI-IED HERETO AND HEREOF. R ul PLS 3712 EXP. 6/30/00 Resolution No. 97-081 Page 6 / / t t ¢. SAN MARINO ST R = 114.4' 120.14' ~ ='~'~'~"-.~'d "7 ..'% ~. ~ ~= '~i /--~. CHARLES SMITH AVE. ~ b, / (FORI~IALLY ROCHESTER AVe) -~,) //// K.~~ z o u.jr S2g'Ol'OO'EJ / / ~ '\ [ .,,.,, ~61.34' u~ I 44' 16.88' L = 27.96' J ~ :,~ /---FOUND 2 1/4' 25.~7'-- ~:'~?.\/ '~.6~-~ /CAL. D.O.T. /BRASS CAP PER ¥,,;.~-~- ~6.~,~' 56.00' ~ N25'~0'19'E /u" /~\/~ NORTH UNE J iR-'~ = 9'4.4'07' N.T.S. 4TH STREET--'~._ J ~' = 1056' -?~' ' i/ ~ ¥\ ...... ~: ~7~.,,~, i< } ,~\ DETAIL-1 NO~ U,~ .", -- ~'Ol'O: I .... R = 1144..00'L L--12o:~.' PROPOSED STREB' ' RIGHT OF WAY - N64'18'26'E -~ STREE-r TO BE VACATED -~-,~----.. ~.~- )~,~-~-~ , ,..., BEGINNING CENTER UNE STRED~'-"'- -"~;,/;?~9 ~.~'. ~PARCEL A (R) -"~'~- / ,/~ a = 01'13'26'1 ~ "7'~ ~._.~.,' z , R = 1070' ..... }~...sf~_R..% / /' \,<¥\/- / , LOT ,s_ _ _ - ....~/:-- - --- . ~~~ ~..',.,'~::~ t/ ,"SEE DETAIL- 1 ' :o:,,6 ~"- X.~* %T~-~~' ,' · ,~ ~, . -- - "'-,-L% "/'~SCtlO'$5'w>"3% ~_ mGHT OF .AY PER /"/ / 6t.70~'? ~. 33.56' DEED RECORDED ':-, '" - ........~ ' '~- RllON /~.,.. ,/". .. , .,_~,:",,;::: . :.,. .x,?,,, '/.,,,r-,- ,,~,~,ARc~_ 'A' "~ °"~ EXHIBIT - B V-146 TO ACCOMPANY LE~L gESCR~'nONEXH~Br'r 'A'SHEET # 1 OF 2 Resolution No. 97-081 Page 7 LEGEND: N.T.S. PROPOSED STREET RIGHT OF WAY STREET TO BE VACATED CENTER LINE STREET SEE SHED' i! 1 OF 2 i ~ 3o.oo' S89'57'26"E ///~"---- 213.01' 3.0.00L_~__../ i A = 28'23'51" --R = 850.00' L = 421.29' L,J L,J L~_ · ..o 214.48 .... ~/ _..~..'Cl'fY OF RANCHO CUCAMONGA ~ 4TH ~'E~'~'- V-146 EXHIBIT- B ACCOBPA~ ~6AL DESCRIPTION ~HIBE "A" SHEET # 2 OF 2 Resolution No. 97-081 Page 8 Exm'BIT "C" RESERVATIONS AND EXCEPTIONS TO TltE VACATION OF CltARLES SMITH AVENUE (V-146) ~ VACATION OF ~ STREET DESCRIBED IN EXHIBIT "A" OF CHARLES SMITH AVENUE VACATION (V-146) PERTAINS ONLY TO ~ USE OF SAID DESCRIBED LAND FOR STREET PURPOSES. ALL STORM DRAIN AND UTILITY USES ARE RETAINED AND EXCEPTED TltAT EXIST IN PLACE OR BY LICENSE, EASEMENT OR DEED OF RECORD ON THIS DATE OF RECORDING IYERETO.