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HomeMy WebLinkAbout19- Public Works ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Authorization to Proceed and Approval of Plan No. 12738 — Proposed vacation of a Dept: Public Works Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Date: August 9,2010 Gamer Avenue, south of vacated Magnolia Avenue. File: 15.30-408 MCC Date: September 7, 2010 Synopsis of Previous Council Action: None Recommended Motion: 1. That the City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a Public Utility Easement(P.U.E.) generally located between vacated Turrill Avenue and Gamer Avenue, south of vacated Magnolia Avenue. AND 2. That Plan No. 12738 showing 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,be approved. Robert Eisenbeisz Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps,&Application Ward(s): 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: Agenda Item No. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Authorization to Proceed and Approval of Plan No. 12738 — Proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue. BACKGROUND: On July 21,2010,an application was received from Jorge Mendez on behalf of 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 on an easement document recorded in Book 204,Page 159 of Official records, in the office of the San Bernardino County Recorders 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'b Street and 16fl' 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 since SBCUSD did not realize the existence of the P.U.E. until after the submittal to the MCC for final approval. Since SBCUSD plans to relocate all existing utilities located within the P.U.E. once construction of the new proposed Roosevelt II Elementary is started,there is no apparent future need for this P.U.E. If authorization to proceed is given,all City departments and utility companies will be notified to determine if any conflicts exist with the proposed vacation,and/or if any facilities have been installed at this location. The findings will need to be made that the proposed vacation of this P.U.E., generally located between vacated Turrill Avenue and Garner Avenue,south of vacated Magnolia Avenue is no longer needed for public service. A map showing the general vicinity and Plan No. 12738 showing the details of the proposed vacation are attached. FINANCIAL IMPACT: None. The petitioner has paid the first half of the processing fee of$1,000. Once the investigative proceedings are complete,the second half of the processing fee of$1,000 will be paid. RECOMMENDATION: Staff recommends that authorization to proceed with the proposed vacation is given and that Plan No. 12738 be approved. 2 LOCATION OF PROPOSED STREET VACATION ? (SEE DETAIL A) �6 Q Q � w0 18 155 P �O�aaii 40th St. 330 I �j 0 arshall Blvd. E 210 Highland Ave. zse agg N E Base Line St. I 1 w s = 2 3 8th St 5th SL 0 0 Rialto Ave. ai 15 a' Mill St. U {p y 1 Orange how Rd. r 16th St. a s >" > ; E \ w. oamne. „mst VICINITY MAP �N _ NTS DETAIL 'A' © CITY EN SAN BCES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PUBLIC UTILITY r 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: 08/09/2010 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 EXISTING ROOSEVELT SCHOOL 14 O P�� 15 W -------- 1 �6 \��� Q - ------ ---------I 60 1 �� 1 12 1 ----- -------J L-- ------ - MAGNOLIA (Reno No. 2010-234) AVENUE LLJ 1 2 3 a s l 6 3 - -- --- 10 Z r • °I i i i i1 i j B1 K. Q 5 8 J ° BL . } } } } 3 6 - -- - -- - } } } I Y Q 41.25 x7.25 1 60 14 13 12 11 10 1 3 I S - - - 14TH - - STREET - M ° o —I M M ✓Y rJ 1 v=120, 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 REAL PROPERTY SECTION Sheet 1 of 1 VACATED MAGNOLIA AVE.,IN THE CITY OF SAN BERNARDINO. � LEGEND: Approved: &Vy Date: d�/6�o Area of vacation shown thus: cro r Created by: Ran Sandoval Date: 08/09/2010 Checked by: Laszlo Fogassy 42,71 Date:� / polo File No. :15.30-412 APPLICATION FOR STREET/ALLEY/EASEMENT VACATION To: City of San.Bernardino Development Services Department,Real Property Section j 300 N."D"Street—3'"Floor,San Bernardino,CA 92418 (909)384-5111 This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the following street/alley/easement located in the City of San Bernardino pursuant to Section 8300 et seq. of the State of California Streets and Highways Code: (Name the street or describe the location of the alley or easement and portion requested for vacation along with a plat map delineating the area) A (v12A-,I-r OE &��&AIT Fo,R 0-riL(rie ri/&?oSES 7-o 56E T J.vo o ^/adz,*, 20 OF ", -0925, ?,ftE l S9 SEF ,4rr�c�� The vacation is requested for the following reason(s): (af\JsTKVCTIOr! 04= IJe" L e00SEi/tL7_ f LEM�TA,y SGIDOL . 1 understand that a total non-refundable fee of _ $ 2.000.00 shall be paid by me as a cost of the proceedings, one-half of which $1.000.00 is hereby enclosed. The remainder of $1.000.00 shall be due and payable after the investigative proceedings are complete and prior to the commencement of the legal proceedings. I further understand that said fees are NOT payment for any real property or improvements thereon, but for the costs of the vacation proceedings ONLY and that the City of San Bernardino does NOT determine underlying ownership of the area to be vacated nor does it guarantee title to any property involved and I have been advised to consult a title company to determine such ownership. I understand that at the conclusion of the investigative proceedings, the City will notify me of its findings including and conflicts with City facilities now located in the area proposed to be vacated, or the request by any utility company for the reservation of any existing easements and that such conflicts or reservations may affect the intended use of the proposed area,once vacated,and that I may elect to terminate or continue the proceedings. If 1 elect to continue, the remaining unpaid fees shall be paid by me prior to the continuance of said proceedings. I understand that the requested vacation is subject to the approval of the Mayor and Common Council of the City of San Bernardino and that there is no guarantee that such approval will be made. T- 10010 _30rziee G MCiJOC Date Print Name Mss i^4T OIRE<10t2. Signatd Tel. Address -City,State,Zip PLEASE NOTE: The City requests that at least 90%of the adjoining property owners not tenants)indicate interest in the proposed vacation. Please have all interested parties complete and sign this petition prior to submitting to the City.Attach additional sheets as necessary. We,the undersigned property owners,or authorized agents thereof,have read and understand the application and wish to proceed with the requested vacation as stated herein.