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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 All LOCATION OF PROPOSED STREET VACATION y° (SEE DETAIL A) m w c F e g0. mg° 18 is 40th St. 330 A� .N arshall Blvd. m 10 sg Highland Ave. _ 3 a `w Base Line St. f, i w 9th St di 5th St. 0 E Rialto Ave. m a MITI St. 171 15 U 0 m 16 d Orange how Rd. ° F= m 16th St. i `- E 4ih3t. VICINITY MAP NIS 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. 24 -- 13 Q 16 EXISTING ROOSEVELT SCHOOL 14 1�� 15 O j — — — — — — - �F�'JcL LU o 11 Q — — — — — — — - - - - --- - -I 60 1 12 - - MAGNOLIA (Reno No. 2010-234) AVENUE - --- - — - - - - - - - 2 — 1 1 _ -1 W 1 2 3 4 5 T 6 7 3 10 1 Z) I I • °I Ld Y 3, 3, 3 it 4 j -- - - - - - - - I Q I s s s s s1 s Z 4 9 I W B K. , 5 - - 8 .. °BL a W T T T T q 6 - - 7 - - - - I s s s s sl Is Q I ° I I° 41.25 41.251 1 1 60 14 13 12 11 10 1 8 — o — 14TH STREET — o —1 M M ✓I W 1'=120' ,Y 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. W �» 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 27 28 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. 8 9 10 11 � � 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Q — — — — — — —— —I 60 1 12 — — — — — — — - - - - - - - - J L- - - - - - - - - - - - - - 0 VACATED MAGNOLIA (Reno No. 2010-234) AVENUE ° — — — - - -- z - - - - - - �F - - 1 W r 1 2 3 4 S T 6 7 3 10 I Z I n n + rl n w 6 s s 41 i - a l s i i i zl s Z B K. I Q - - o 5 8 I J I BL ' I C TI a' 6 7 I I } Y 3 3 3 1 Y Q I I e o -o a o r UI 60 41.25 141.25 1 14 13 12 11 10 8 0 0 I— – o – 14TH – STREET M M ✓I n "=1Z0r 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