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HomeMy WebLinkAbout25-Public Works - -- - -- "W' - - - t~!~ ~u. ~~.JU-JU~ CiTY OF SAN BERN~INO - REQUEST F~ COUNCIL ACTION From: ROGER G. HARDGRAVE, Director D~ Public WorksjEngineering Date: 01-28-91 Subject: Resolution: Vacation of a portion of a Public utility Easement: Southern Calif- ornia Edison Easement across the Easterly 15 feet of previously vacated Chestnut Ave between lrvington Avenue and Ohio Avenue Synopsis of Previous Council action: 12-10-90 Authorization to Proceed was given and Plan No. 8326 was approved. Recommended motion: e Adopt Resolution cc: Shauna Edwins, City Administrator James F. Penman, City Attorney Contact person: '\I:ID9 DeBolt Phone: 5ne Supporting data attached: ~-t;:<Jff Rvpor+. MAP. DAC'ol.,+jnn Ward: '5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Cel Notes: O1_?R_Ql 75-0262 Agenda Item No C:;5 CITY OF SAN BERN_DINO - REQUEST FA COUNCIL ACTION e e e 75~0264 STAFF REPORT A request was received from Dan Holden of Monnig Development to vacate the Easterly 15 feet of the 60 foot wide Southern California Edison Easement lying over the entire width of the previously vacated Chestnut Avenue between Irvington Avenue and Ohio Avenue. The City of San Bernardino and other public entities reserved easements over the Westerly 45 of Chestnut Avenue only. Vacating the Easterly 15 feet of the Edison Easement will therefore leave only the Westerly 45 feet of the vacated Chestnut Avenue encumbered. Southern California Edison has indicated in writing that they have no objections to this vacation. The Easterly 15 feet of this easement has never been used by Southern California Edison, which enables the City to summarily vacate it under the Streets and Highways Code. Section 6333. Southern California Edison has no further need for this portion of their easement, as no use has been made of the area, and Staff therefore recommends that the Resolution vacating the easement be adopted. 01-26-91 2 - - - ........... .... - - ~ I t ~ . I ~.q"'('e.<... .; NO i $, . ENGINEER Sh..t J of / CITY OF SAN BERNARDINO PUa.IC NORKS DEPARTMENT pIft"~EERING DIVISION R&AL PROflERTY SECTION W"p,;;/I/////,<< STREET I ALLEY VACM'IDN . ~rE;;UY IS' OF bC)' /.V1l:;Y; see=: 1576eHENT - (!~esTNvT AI/lEA/tiE. (VA'. BETtU€ l3t\1 ZRYlA/a;n:;w A- VB/tiS AND OHIO /Ql/eNtle FILE NO.1 IS 3D.30 PLAN NO.. a~~ e e e 01/24/91 - . . 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT CERTAIN SOUTHERN CALIFORNIA EDISON EASEMENT LYING OVER THE EASTERLY 15 FEET OF THAT PREVIOUSLY VACATED CHESTNUT AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. WHEREAS, the City of San Bernardino, by Resolution No. 89-274621, adopted July 17, 1989, and recorded July 29, 1989, as document No. 89- 274621, Official Records of San Bernardino County, did vacate Chestnut Avenue lying between Irvington Avenue and Ohio Avenue, and did reserve a 9 Public utility Easement for Southern California Edison over the entire area 10 vacated; and, 11 WHEREAS, the Easterly 15 feet thereof has never been used, and is, 12 in fact, not needed for electrical transmission lines; and, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the property owners wish to develop, sell or otherwise use the land in question, utilizing the Easterly 15 feet of the total 60 foot wide area encumbered by the Southern California Edison Easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That this s~ary vacation of that portion of the Public utility Easement located in vacated Chestnut Avenue, lying between lrvington Avenue and Ohio Avenue, is being made under Section 8333 (c), et. seq., of the Streets and Highways Code, and is described as follows: The Easterly 15 feet of the 60 foot wide Southern California Edison Easement, as reserved in Resolution No. 89-246, adopted July 17, 1989 and recorded July 29, 1989, as document No. 89-274621, Official Records of San Bernardino County, vacating Chestnut Avenue between Irvington Avenue and Ohio Avenue, in the City of San Bernardino. SECTION 3. That from and after the date this Resolution is recorded, the vacated Public Service Easement no longer constitutes a public service easement. 1 - - - - - -.--- . IIAI..AUUI<; 1>UUHttJtl< I..ALHUJ<N1A .t.JJlIiUI< .t.AI>.t.Ml>I'H. J:.A1>lJ:J<Ll 1:> ~J:.J:.l . PREVIOUSLY VACATED 60 FOOT WI.CHESTNUT AVENUE. U~ 1>UJ'IJ'IAJ<l 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by e 2 the Mayor and Common Council of the City of San Bernardino at a e e 01/24/91 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 of 19 20 21 22 23 24 meeting held day of on the thereof , 1991, by the following vote, to-wit: ABSTAIN COUNCIL MEMBERS AYES NAYS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day , 1991. W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: 25 26 27 28 James F. Penman, City Attorney Bv: ~~ J ~J ~ i/~~ 2