2009-03 RESOLUTION NO 2009-03
A RESOLUTION OF THE •CITY COUNCIL OF GRAND TERRACE
ORDERING THE VACATION OF A PORTION OF BRITTON WAY
PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4,
PART 3,DIVISION 9, OF THE STREETS AND HIGHWAYS CODE.
WHEREAS, the City has received a request from Dr. Robert Ha to vacate a portion of Britton
Way measuring approximately 30 to 50 feet wide and 361 feet long and located west of Mount
Vernon Avenue, as legally described on Exhibit "A" and depicted on Exhibit `B" and attached
hereto; and
WHEREAS, this portion of Britton Way is not shown on the General Plan Circulation Element
Master Plan of Streets and Highways; and
WHEREAS, on December 18, 2008, the Planning Commission adopted Resolution No. 2008-
03 finding the proposed abandonment of that portion of Britton Way depicted on Exhibit `B",
attached hereto, is consistent with the General Plan; and
WHEREAS, on January 13, 2009, the City Council passed and adopted a Resolution of Intent,
Resolution No. 2009-01 declaring its intention to vacate that portion of Britton Way, depicted on
- Exhibit"B", attached hereto; and
WHEREAS, the City has conspicuously posted notices of the proposed street vacation on that
portion of Britton Way proposed to be vacated, in accordance with Streets and Highways Code
of the State of California; and
WHEREAS, in accordance with Streets and Highways Code of the State of California, notice of
the proposed vacation was legally published for two consecutive weeks in the local newspaper;
and
WHEREAS, the City Council has given its consideration for the vacation of a portion of Britton
Way; and
WHEREAS, it has been determined by the City Council to vacate the portion of Britton Way
pursuant to the authority provided by Chapter 4, Part 3, Division 9, of the Streets and Highways
Code of the State of California; and
WHEREAS, properties to the west of the vacated portion of Britton Way have legal and
physical access to public streets and will not be landlocked by the proposed vacation; and
WHEREAS, portions of Britton Way to be vacated will continue to be used by the general
public; and
1
Resolution 2009-03
I,BRENDA MESA, CITY CLERK of the City of Grand Terrace, do hereby certify that the
foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City
of Grand Terrace held on the I Oth day of February, 2009 by the following vote:
AYES: Councilmembers Cortes,Miller and Stanckiewitz;Mayor Pro Tern
Garcia, and Mayor Ferre
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
WHEREAS, the City Council has made findings that relief from the burden of maintenance of
Britton Way has been determined to be of sufficient public benefit; and
WHEREAS, in the proceedings herein adopted by this City Council for vacation of streets
legally described in Exhibit "A" and depicted on Exhibit `B" the City of Grand Terrace reserves
and excepts from the vacation the permanent easement and right at any time, to construct,
maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant
structures in, upon, over and across any street or part thereof proposed to construct, maintain,
operate replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and
other convenient structures, equipment and fixtures for the operation if gas pipe lines, telegraphic
and telephone lines, and for the distribution or transportation of electric energy, petroleum, and
its products, ammonia,water and incidental purposes, including access and right to keep property
free from inflammables materials, and wood growth, and to otherwise protect the same from all
hazards in upon, and over the street proposed to be vacated.
NOW THEREFORE, IT IS HEREBY ORDERED that the portion of said street lawfully or
officially known as Britton Way and legally described and depicted on:
EXHIBIT "A"AND EXHIBIT "B"
is hereby vacated.
BE IT FURHTER RESOLVED that from and after the date the resolution is recorded, the
street vacated no longer constitutes a street pursuant to Chapter 4, Part 3, Division 9 of the
Streets and Highways Code.
BE IT FURTHER RESOLVED that the City Clerk shall cause a certificate copy of his
Resolution of Vacation, attested by the Clerk under seal, to be recorded without
acknowledgement, certificate of acknowledgement, or further proof in the office of the Recorder
of the County of San Bernardino.
PASSED AND APPROVED by the City Council of the City of Grand Terrace, California at a
regular meeting held on the l Otth day of February 2009.
ATTEST: ;
City Clerk of the City of Grand Terrace Mayor the City of Grand Terrace
and of the City Council thereof and of e City Council thereof
Approve Approvej a to form:
John Harper u
City Attorney
2
EXHIBIT "A"
Legal Description
Britton Way Vacation
That portion of Lot 1, Block "E", of Grand Terrace, being a subdivision of
Section 32, Township 1 South, range 4 West, San Bernardino Base and
Meridian, as per Map recorded in Book 11, Page 4, of Maps, Records of the
Recorder of San Bernardino, in the City of Grand Terrace, County of San
Bernardino, State of California, more particularly described as follows:
Commencing at the northwest corner of Parcel 1 of Parcel Map No. 5789, in the
City of Grand Terrace, County of San Bernardino, State of California, as per plat
recorded in Book 60 of Parcel Maps, Page 97, records of said county, also being
a point on the southerly right-of-way of Britton Way;
thence N.89°50'33"E., along the North line of said Parcel 1, a distance of 12.97
feet to the Point of Beginning;
thence N.00°11'44"E., a distance of 30.00 feet to a point on the northerly right-of-
way of Britton Way, said point being the Northwest Corner of that Parcel
described by document, recorded March 12, 2003 as instrument 162861 In
Official Records of County Recorder;
thence N.89°50'33"E., along the northerly right-of-way of Britton Way, a distance
of 132.09 feet to the beginning of a curve concave northerly with a radius of
120.00 feet;
thence Easterly along said curve, said curve also being the northerly right-of-way
of Britton Way, through a central angle of 21°02'22", an arc length of 44.06 feet to
the beginning of a reverse curve concave southerly, having a radius of 180.00
feet;
thence Easterly along said curve, said curve also being the northerly right-of-way
of Britton Way, through a central angle of 21°02'22", an arc length of 66.10 feet;
thence N.89°50'33"E., along the northerly right-of-way of Britton Way, a distance
of 95.43 feet;
thence N.45°01'08"E., a distance of 21.15 feet, to a point, said point being the
most Northeasterly corner of that Parcel described by document, recorded March
12, 2003 as instrument 162861 In Official Records of County Recorder;
thence S.00°11'44"W., a distance of 30.38 feet;
thence N.89°59'26"W., a distance of 11.00 feet to a point on the westerly right-of-
way of Mt. Vernon Avenue;
thence S.00°11'44"W., along the westerly right-of-way of Mt. Vernon Avenue, a
distance of 34.50 feet, to a point on the Northerly Line of the Southerly 345.00 of
said Lot 1 of Block "E", said line also being the North Line of Parcel 1 and 2 of
said Parcel Map No. 5789 and the easterly prolongation of said Parcels 1 and 2;
thence S.89°50'33'W., along said North Line, a distance of 360.98 feet to the
Point of Beginning; Q%-AND&
The above described area being 14,346.85 sq. ft. ��`, ALFRED J. Goo
THELWELL
EXP.09-30-09
NO.6999
OF CA1-�F�F`
EXHIBIT "B" SHEET 1 OF 1
BRITTON WAY VACATION
A=21'02'22"
0 0�'�5'pa� R=180.00' N45'01'08"E I � M W
0 0� ae \� L=66.10' 21.15' I l o J
o n �o eta �� A=21'02'22" o "' Z
z Qoa� t�� R=120.00' N89'50'33"E 95.43' N
G L=44.06'
�— N89'50'33"E 132.09' ——__ ` _ Z
o� N89'59'26"W
WAY 11.00' I Z .
P.O.B.
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—————— _ S89'50'33"W 360.98'
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i THELWELL
EXP.09-30-09
NO. 6999
OF Cr�1-�FG
SCALE: 1 " = 60'