HomeMy WebLinkAbout25- Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Robert Eisenbeisz, City Engineer Subject: Public Hearing at 4:30 p.m. and
Resolution Ordering Vacation of a portion of
Dept: Public Works Turrill Avenue between 14ih St and 16th St,
and a portion of Magnolia Ave between Mt.
Date: July 1, 2010 Vernon Ave and Garner Ave (New Roosevelt
II Elementary School).
File: 15.30-407 MCC Date: August 2,2010
Synopsis of Previous Council Action:
07/06/10- Resolution No. 2010-234 was adopted, declaring its intention to vacate a portion of
Turrill Avenue between 14" St and 16" St, and a portion of Magnolia Avenue
between Mt. Vernon Avenue and Garner Avenue, and setting a public hearing for
August 2, 2010.
04/05/10-
Authorization was given to proceed with the proposed vacation of a portion of Turrill
Avenue between 10 St and 16" St, and a portion of Magnolia Avenue between Mt.
Vernon Avenue and Gamer Avenue; and Plan No. 12708 showing the proposed
vacation,was approved.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact,as set forth in the staff report from
the City Engineer, as to why the portion of Turrill Avenue between 14'" St and 16th St, and a
portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue are no longer
necessary for public street purposes,be adopted.
AND n
2. Adopt Resolution. yam`/' 44
Robert Eisenbeisz
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: 010-a 70
Agenda Item No.
8 a Ao
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of Turrill Avenue
between 10 St and 16u' St, and a portion of Magnolia Ave between Mt. Vernon Ave and Garner
Ave(New Roosevelt II Elementary School).
BACKGROUND:
On March 13, 2009, an application was received from Jorge Mendez on behalf of the San
Bernardino City Unified School District(SBCUSD),requesting the vacation of a portion of
Turrill Avenue between 14'h Street and 16th Street, and a portion of Magnolia Avenue between
Mt. Vernon Avenue and Garner Avenue. The St. Elmo Addition subdivision dedicated Turrill
Avenue (Alice Avenue) and Tract No. 2130—The St. Elmo Resurvey dedicated Magnolia
Avenue as public right-of-way, thus the City does not own any portion in fee. SBCUSD owns or
has an Order of Possession on all the parcels directly adjacent to these portions of Turrill Avenue
and Magnolia Avenue and is planning to construct the new Roosevelt II Elementary School
where the streets currently exist.
j Since SBCUSD plans to construct the new proposed Roosevelt II Elementary School over Turrill
Avenue and Magnolia Avenue, there will be no future need for these streets as public right-of-
way-
SBCUSD prepared an Initial Study to determine impacts associated with construction of a new
elementary school and the proposed vacation of Turrill Avenue and Magnolia Avenue. The
District adopted a Mitigated Negative Declaration and filed a Notice of Determination on
03/04/2008.
On April 5, 2010, authorization to proceed with the proposed vacation was given and Plan No.
12708 was approved. City departments, utility companies and other government entities were
notified of the proposal 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), San Bernardino Municipal Water Department, The Gas Company, and Verizon,
which will need to be reserved as required by law. All named utilities have indicated that they will
only need temporary easements as their existing utilities will be relocated or abandoned.
Staff has informed SBCUSD that the City does not determine the underlying ownership of the
area proposed to be vacated nor does it guarantee title to any property involved and they should
consult a title company to determine the fee owner of the area to be vacated.
On July 6, 2010, Resolution No. 2010-234 was adopted declaring the City's intention to order
the vacation of a portion of Turrill Avenue between 10 St and 16 St,and a portion of Magnolia
Ave between Mt. Vernon Ave and Garner Ave, and setting a public hearing for August 2, 2010.
2
The Resolution was published in the Sun newspaper, and the streets posted. The applicant
requesting the street vacation and all affected property owners in the area were notified of the
public hearing.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and staff recommends the vacation based on the following facts:
1. The City Engineer has determined that the proposed vacation is of no further necessity to
the general public.
2. It does not conflict with the General Plan.
3. There have been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted.
5. There were requests to reserve easements from the utility companies listed above and the
easements have been reserved, as required by law.
FINANCIAL IMPACT:
None. The total amount of$2,000 has been paid by the applicant for the completion of the
vacation proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12708
- Resolution
3
j� LOCATION OF
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DETAIL 'A'
CITY OF SAN BERNMDINO
DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PORTION OF TURRILL AVE
REAL PROPERTY SECTION BETWEEN 14TH ST AND 16TH ST,AND A PORTION OF
MAGNOLIA AVE BETWEEN MT.VERNON AVE AND
GARNER AVE, IN THE CITY OF SAN BE RNARDINO.
® Indicates un-incorporated areas wthin City's
Sphere of Influence
Created by: Ryan Sandoval Date: osroalzo,o
16TH-STREET— -
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NOTE: ALL PROPERTIES ADJACENT TO THE
PROPOSED STREET TO BE VACATED ARE
---a -------2s CURRENTLY OWNED BY THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT. AREA TO BE
s za W USED FOR THE CONSTRUCTION OF THE NEW
--------- --------- --- ROOSEVELT II ELEMENTARY SCHOOL.
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CITY OF SAN BERNARDINO PLAN NO. 12708 PROPOSED VACATION OF A PORTION OF TURRILL AVE.,
PUBLIC WORKS IVIS N BETWEEN 14TH ST AND 16TH ST,AND A PORTION OF MAGNOLIA AVE BETWEEN
MT.VERNON AVE,8 GARNER AVE.,IN THE CITY OF SAN BERNARDINO.
YIfRNt IN REAL P P SE'96ION Sheet 1 of 1
LEGEND:
Approved: v Date: Area of vacation shown thus:
Llry Elylwer �+' y-
Created by: Ran Sandoval rte Date: 03/02/2010
Checked by: Laszlo Fogassy Date: File No. :15,30-409
I RESOLUTION NO. (COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF TURRILL AVENUE BETWEEN 14TH STREET AND
16TH STREET, AND A PORTION OF MAGNOLIA AVENUE BETWEEN MT.
4 VERNON AVENUE AND GARNER AVENUE AND RESERVING UTILITY
EASEMENTS THEREIN.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways,
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9 and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway
10 Code, the Mayor and Common Council of the City of San Bernardino, having heard the
11 evidence offered in relation to the proposed vacation of a portion of Tunill Avenue between
12 14`h Street and 16'h Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and
13 Garner Avenue, described in Resolution of Intention No. 2010-234, hereby find from all of the
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evidence submitted that proper notice has been given and that such street proposed to be
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16 vacated by this Resolution is unnecessary for present and prospective street purposes.
17 SECTION 2. The Mayor and Common Council of said City do hereby vacate that
18 portion of Tunill Avenue between 14'h Street and 16'h Street, and a portion of Magnolia Avenue
19 between Mt. Vernon Avenue and Gamer Avenue, more fully described as follows:
20
That portion of Turrill Avenue, dedicated as Alice Avenue on the map of St. Elmo
21 Addition to San Bernardino as recorded in Book 4 of Maps, Page 15, Official Records of
San Bernardino County, State of California, lying between the south line of 16'h Street,
22 having a half width of 30 feet, and the north line of 14'h Street, having a half width of 30
)3 feet;
24 Together with that portion of Magnolia Avenue as dedicated on Tract No. 2130, St. Elmo
Resurvey as recorded in Book 31 of Maps, Page 6, Official Records of San Bernardino
25 County, State of California, lying between the east line of Mt. Vernon Avenue, having a
half width of 41.25 feet, and the west line of Garner Avenue (dedicated as St. Elmo Ave),
26 having a half width of 30 feet.
27 SECTION 3. Nothing in this Resolution shall in anyway affect or disturb any existing
211 a
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
2 F TURRILL AVENUE BETWEEN 14"'STREET AND 16 T STREET,AND A PORTION OF
AGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER AVENUE AND RESERVING
3 TILITY EASEMENTS THEREIN.
4 lasements for public utility purposes belonging either to the City of San Bernardino or to any
5 public utility that existed prior to these vacation proceedings; and there is hereby specifically
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reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement
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8 or sanitary sewer and appurtenant facilities over the entire area proposed to be vacated,
9 'ncluding the right at any time, or from time to time, to construct, maintain, operate, replace and
10 renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and
11 there is specifically reserved for Southern California Gas Company, its successors, heirs and
12 assigns, a temporary easement over the entire area proposed to be vacated, to construct, place,
13 operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and
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appurtenances and said easement shall include rights of ingress and egress; and there is hereby
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16 specifically reserved for Southern California Edison, its successors, heirs and assigns, a
17 temporary easement over the entire area proposed to be vacated to construct, place, operate,
18 inspect, maintain, repair, replace and remove any overhead or underground electrical
19 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
20 anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said
21
easement shall include rights of ingress and egress; and there is specifically reserved for Verizon,
22
23 Its successors, heirs and assigns, a temporary easement over the entire area proposed to be
24 vacated to construct, place, operate, inspect, maintain, repair or replace underground and
25 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
26 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
27 the City of San Bernardino Municipal Water Department, a temporary easement for water utility
23
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
2 F TURRILL AVENUE BETWEEN 14TM STREET AND 16TH STREET,AND A PORTION OF
MAGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER AVENUE AND RESERVING
3 TILITY EASEMENTS THEREIN.
4 purposes over the entire area proposed to be vacated, including the right at any time, or from
5 time to time, to construct, maintain, operate, replace and renew one or more pipelines or
6 appurtenances thereto for the transportation of water and for the construction and maintenance of
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8 water wells and related incidental purposes, including the right of ingress and egress thereto.
9 The temporary easements set forth herein shall terminate upon relocation or abandonment of the
10 affected utilities.
11 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy
12
of this Resolution with the San Bernardino County Recorder's office.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
2 OF TURRILL AVENUE BETWEEN 14TH STREET AND 16TH STREET,AND A PORTION OF
MAGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER AVENUE AND RESERVING
3 UTILITY EASEMENTS THEREIN.
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
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wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
14
KELLEY
15
16 JOHNSON
17 MCCAMMACK
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19
City Clerk
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21 The foregoing resolution is hereby approved this day of 20
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23
PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26 a 7
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