HomeMy WebLinkAbout17-Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution of Intention: Vacation
of a Public Utility Easement (P.U.E.)
Dept: Public Works generally located between vacated Turrill
Avenue and Garner Avenue, south of
Date: November 22, 2010 vacated Magnolia Avenue.
File: 15.30-412
Meeting Date: December 20,2010
Synopsis of Previous Council Action:
09/07/10 - Authorization was given to proceed with the proposed vacation of a Public Utility
Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner
Avenue, south of vacated Magnolia Avenue; and Plan No. 12738 showing the
proposed vacation, was approved.
Recommended Motion:
Adopt Resolution.
N eem Majaj
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Maps,Resolution Ward(s): 6
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No. 1-7
is-ao-0610
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of Intention: Vacation of a Public Utility Easement (P.U.E.) generally located between
vacated Turrill Avenue and Gamer Avenue, south of vacated Magnolia Avenue.
BACKGROUND:
On July 21, 2010, an application was received from the San Bernardino City Unified School District
(SBCUSD),requesting the vacation of a 10-foot Public Utility Easement(P.U.E.)generally located
between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue.The P.U.E.
was dedicated by an easement document recorded in Book 204, Page 159 of Official Records, in the
office of the San Bernardino County Recorder's office. SBCUSD is requesting the vacation of the
P.U.E. for the proposed construction of the new Roosevelt II Elementary School over a portion
where the P.U.E currently exists.
On August 3,2010, Resolution No. 2010-270 was approved,which ordered the vacation of a portion
of Turrill Avenue between 14" Street and 16w Street,and a portion of Magnolia Avenue between Mt.
Vernon Avenue and Garner Avenue. This item was not included with the previously approved street
vacation because at the time, SBCUSD was not aware of the existence of the P.U.E. until after the
submittal to the Mayor and Common Council. Since SBCUSD plans to relocate all existing utilities
located within the P.U.E. prior to or during construction of the new proposed Roosevelt lI
Elementary school,there is no apparent future need for this P.U.E.
On September 7, 2010, authorization to proceed with the proposed vacation was given and Plan No.
12738 was approved. City departments, utility companies and other governmental entities were
notified of the proposed vacation and were given the opportunity to submit easement reservations
and any comments or conflicts. Several responses were received and all were favorable of the
vacation. There were requests to reserve utility easements for existing facilities from the City of San
Bernardino (sewer), Time Warner Cable and Verizon, which will need to be reserved as required by
law. All named utilities have indicated that they will only need temporary easements until their
existing utilities are relocated or abandoned.
The attached Resolution of Intention sets a public hearing for Monday, January 24, 2011. Upon
approval, the Resolution will be published in the Sun newspaper, and these portions of the P.U.E.
will be posted. At the Public Hearing, a Resolution Ordering the Vacation will be submitted for
consideration.
FINANCIAL IMPACT:
There is no financial impact associated with this action. The petitioner has paid the total amount of
$2,000 for the completion of the vacation proceedings.
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12738
- Resolution
2
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DETAIL 'A'
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PUBLIC UTILITY
3aakn n REAL PROPERTY SECTION EASEMENT (P.U.E) BETWEEN VACATED TURRILL AVE.
AND GARNER AVE., SOUTH OF VACATED MAGNOLIA
AVE., IN THE CITY OF SAN BERNARDINO.
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Date: omq/2olo
NOTE: ALL PROPERTIES ADJACENT TO THE
PROPOSED P.U.E TO BE VACATED ARE CURRENTLY
OWNED BY THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT. AREA TO BE USED FOR THE
CONSTRUCTION OF THE NEW ROOSEVELT II
ELEMENTARY SCHOOL.
BILK.
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CITY OF SAN BERNARDINO PLAN NO. 12738 PROPOSED VACATION OF A PUBLIC UTILITY EASEMENT(P.0 E)
PUBLIC WORKS DIVISION BETWEEN VACATED TURRILL AVE AND GARNER AVE SOUTH OF
REAL PROPERTY SECTION Sheet 1 of 1 VACATED MAGNOLIA AVE_IN THE CITY OF SAN BERNARDINO.
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LEGEND:
Approved: Date: J�/f/o Area of vacation shown thus:
COy En,.,
Created by: Ran Sandoval Date: 08/09/2010
Checked by: Laszlo Fogassy Date: 9 / ga/o I File No. :15.30-412
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT
(P.U.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE AND
4 GARNER AVENUE, SOUTH OF VACATED MAGNOLIA AVENUE, AND RESERVING
UTILITY EASEMENTS THEREIN.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8
hereby declares its intention to order the vacation of a Public Utility Easement(P.U.E.) generally
9
i0 located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue
11 as depicted on the attached map marked as Exhibit "A" and described herein as follows:
12 A non-exclusive easement for public utilities and incidental purposes over those portions
of the south 5 feet of Lots 1 to 7, and the north 5 feet of Lots 8 to 14, inclusive, of Block
13 5, of Tract No. 2130 The St. Elmo Resurvey, as per map recorded in Book 31 of Maps,
14
Page 6,records of San Bernardino County, State of California.
15 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
16 vacating the above described P.U.E., elects to proceed under and in accordance with the
17 provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
18 Division 9, Part 3, of the Streets and Highways Code of the State of California.
19
SECTION 3. That the hour of 4:30 p.m., on Monday, January 24, 2011, in the Council
20
21 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
22 and place when and where all persons interested in or objecting to the proposed vacation may
23 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
24 further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
25 12738", approved by the Mayor and Common Council on 09/07/2010, a copy of which is
26 attached and incorporated herein as Exhibit"A".
� 27
28
12/15/2010 1
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
AVENUE,AND RESERVING UTILITY EASEMENTS THEREIN.
3
4 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
5 existing easements for public utility purposes belonging either to the City of San Bernardino or
6 to any public utility that existed prior to these vacation proceedings; and there is hereby
7
specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a
8
9 temporary easement for sanitary sewer and appurtenant facilities over the entire area proposed to
10 be vacated, including the right at any time, or from time to time, to construct, maintain, operate,
11 replace and renew said sewer or appurtenances and shall include the right of ingress and egress
12 thereto; and there is specifically reserved for Time Warner Cable, its successors, heirs and
13 assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace
!� 14 underground and overhead structures consisting of wires, cables and necessary fixtures and
15
appurtenances and said easement shall include rights of ingress and egress; and there is
16
17 specifically reserved for Verizon, its successors, heirs and assigns, a temporary easement over
18 the entire area proposed to be vacated to construct, place, operate, inspect, maintain, repair or
19 replace underground and overhead structures consisting of wires, cables and necessary fixtures
20 and appurtenances and said easement shall include rights of ingress and egress. The temporary
21 easements set forth herein shall terminate upon relocation or abandonment of the affected
22 utilities.
23
24 SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby
25 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets,
26 Highways and Service Easements Vacation Law."
a
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12/15/10 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
AVENUE,AND RESERVING UTILITY EASEMENTS THEREIN.
3
4 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
5 Intention and shall cause the same to be published once a week for two successive weeks in The
6 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
7
set forth for the public hearing.
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12'1 io 3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN
2 VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA
AVENUE,AND RESERVING UTILITY EASEMENTS THEREIN.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of 20 ,by the following vote,to wit:
7
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 DESJARDINS
12
BRINKER
13
O14 SHORETT
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 City Clerk
20
21 The foregoing resolution is hereby approved this day of , 20
22
23
24 Approved as to form: PATRICK J. MORRIS, Mayor
25 City of San Bernardino
O 26 �, � «
27IpPrC��
28
11/22/10 4
EXHIBIT "A"
NOTE: ALL PROPERTIES ADJACENT TO THE
PROPOSED P.U.E TO BE VACATED ARE CURRENTLY
OWNED BY THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT. AREA TO BE USED FOR THE
CONSTRUCTION OF THE NEW ROOSEVELT II
ELEMENTARY SCHOOL.
BILK.
24
13 16 EXISTING ROOSEVELT SCHOOL
14 o I�h ,5 J011p
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1 12
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MAGNOLIA (Reno No. 2010-234) AVENUE °
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CITY OF SAN BERNARDINO PLAN NO. 12738 PROPOSED VACATION OF A PUBLIC UTILITY EASEMENT(P U E)
PUBLIC WORKS DIVISION BETWEEN VACATED TURRILL AVE AND GARNER AVE SOUTH OF
N REAL PROPERTY SECTION Sheet 1 of 1 VACATED MAGNOLIA AVE_IN THE CITY OF SAN BERNARDINO
LEGEND:
lipproved: Date: Area of vacation shown thus:
City EWp r _
treated by: Ran Sandoval –`� Date: 08/09/2010
'harkori hv, I aa7ln Pnnassv n.In. r 1/ 7,1//) 1 File Nn 15 30-412