HomeMy WebLinkAbout21- Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL A L
From: Robert Eisenbeisz, City Engineer Subject:Resolution of Intention: Vacation
of a portion of Pico Avenue between 11th
Dept: Public Works Street and Base Line Street(New
Alessandro II Elementary School).
Date: May 27, 2010
File: 15.30-407
MCC Date: July 6, 2010
Synopsis of Previous Council Action:
04/05/10 - Authorization was given to proceed with the proposed vacation of a portion of
Pico Avenue between II'h Street and Base Line Street; and Plan No. 12706
showing the proposed vacation, was approved.
Recommended Motion:
Adopt Resolution.
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:
eso a010 -,233
Agenda Item No.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of Intention: Vacation of a portion of Pico Avenue between 11th Street and Base Line
Street (New Alessandro 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 Pico Avenue
between I I'h Street and Base Line Street. The D. Fields Subdivision Map dedicated Pico
Avenue(dedicated as Pico Street) as public right-of-way, thus the City does not own any portion
in fee. SBCUSD owns all the parcels directly adjacent to this portion of Pico Avenue and is
planning to construct the new Alessandro II Elementary School where the street currently exists.
Since SBCUSD plans to construct the new proposed Alessandro II Elementary School over Pico
Avenue, there will be no future need for this street 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 Pico Avenue. The District adopted a Mitigated
Negative Declaration and filed a Notice of Determination on 09/20/2005.
On April 5, 2010, authorization to proceed with the proposed vacation was given and Plan No.
12706 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 owner of the area to be vacated.
The attached Resolution of Intention sets a public hearing for Monday, August 2, 2010. Upon
approval, the Resolution will be published in the Sun, and these portions of the streets posted. At
the Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The total amount of$2,000 has been paid for the completion of the vacation proceedings.
2
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12706
- Resolution
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LOCATION OF
PROPOSED STREET VICINITY MAP
VACATION RTS
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PORTION OF PICO
REAL PROPERTY SECTION AVENUE BETWEEN I ITH STREET&BASE LINE
V
STREET, IN THE CITY OF SAN BERNARDINO.
® Indicates un-incorporated amiss within Cilys
Sphere of Influence
Created by: Ryan Sandoval Date: 03/03/2010
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NOTE: ALL PROPERTIES ADJACENT TO THE 'M
PROPOSED STREET TO BE VACATED ARE
CURRENTLY OWNED BY THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT. AREA TO BE
USED FOR THE CONSTRUCTION OF THE NEW
ALESSANDRO II ELEMENTARY SCHOOL. 1°=120'
3,
CITY OF SAN BERNARDINO PLAN NO. 12706 PROPOSED VACATION OFA PORTION OF PICO AVENUE,
i PUBLIC WORKS DIVI ION BETWEEN 11TH STREET AND BASELINE STREET,
ul Nnnu ia1 REAL P. O RTY TION Sheet 1 Of 1 IN THE CITY OF SAN BERNARDINO.
— — LEGEND:
Approved: Date: Area of vacation shown thus:
Cary Engineer
Created by: Ran Sandoval Date: 03/02/2010
Checked bv: Laszlo Foqassv Date: File No. :15.30-407
I RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 NTENTION TO ORDER THE VACATION OF A PORTION OF PICO AVENUE
ETWEEN 11TH STREET AND BASE LINE STREET AND RESERVING UTILITY
4 ASEMENTS THEREIN.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 AN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 lereby declares its intention to order the vacation of a portion of Pico Avenue between 11th
9 Street and Base Line Street as depicted on the attached map marked as Exhibit "A" and
10
escribed herein as follows:
11
That portion of Pico Avenue, dedicated as Pico Street on the D. Fields Subdivision as
12 recorded in Book 5 of Maps,Page 79,Official Records of San Bernardino County, State
13 of California,more particularly described as follows:
14 All that portion of said Pico Avenue, 60 feet wide, tying between the south line of Base
Line Street,having a half width of 41.25 feet, and the north line of 11`s Street,having a
15 half width of 41.25 feet.
16 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
17 vacating the above described portion of said street, elects to proceed under and in accordance
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19 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
20 being Division 9, Part 3, of the Streets and Highways Code of the State of California.
21 SECTION 3. That the hour of 4:30 p.m., on Monday, August 2, 2010, in the Council
22 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
23 and place when and where all persons interested in or objecting to the proposed vacation may
24 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
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further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
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27 12706", approved by the Mayor and Common Council on 04/05/2010, a copy of which is on file
28 in the office of the City Clerk of said City.
06/03/2010 1
1 ZESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
ACATION OF A PORTION OF PICO AVENUE BETWEEN IITM STREET AND BASE LINE STREET
2 LND RESERVING UTILITY EASEMENTS THEREIN.
3
4 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
5 asements for public utility purposes belonging either to the City of San Bernardino or to any
6 ublic utility that existed prior to these vacation proceedings; and there is hereby specifically
7 -eserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement
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
11 renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and
12 there is specifically reserved for Southern California Gas Company, its successors, heirs and
13 assigns, a temporary easement over the entire area proposed to be vacated, to construct, place,
14 operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and
15 appurtenances and said easement shall include rights of ingress and egress; and there is hereby
16 specifically reserved for Southern California Edison, its successors, heirs and assigns, a
17
18 temporary easement over the entire area proposed to be vacated to construct, place, operate,
19 inspect, maintain, repair, replace and remove any overhead or underground electrical
20 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
21 anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said
22 easement shall include rights of ingress and egress;and there is specifically reserved for Verizon,
23 its successors, heirs and assigns, a temporary easement over the entire area proposed to be
24
25 vacated to construct, place, operate, inspect, maintain, repair or replace underground and
26 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
27 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
28 the City of San Bernardino Municipal Water Department, a temporary easement for water utility
06/03/10 1)
l ZESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
2 ACATION OF A PORTION OF PICO AVENUE BETWEEN II'STREET AND BASE LINE STREET
D RESERVING UTILITY EASEMENTS THEREIN.
3
4 urposes over the entire area proposed to be vacated, including the right at any time, or from
5 ime to time, to construct, maintain, operate, replace and renew one or more pipelines or
6 ppurtenances thereto for the transportation of water and for the construction and maintenance of
7 water wells and related incidental purposes, including the right of ingress and egress thereto.
8 e temporary easements set forth herein shall terminate upon relocation or abandonment of the
9
affected utilities.
10
11 SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby
12 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets,
13 Highways and Service Easements Vacation Law."
14 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
15 Intention and shall cause the same to be published once a week for two successive weeks in The
16 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
17
18 set forth for the public hearing.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
ACATION OF A PORTION OF PICO AVENUE BETWEEN 11TH STREET AND BASE LINE STREET
2 kND RESERVING UTILITY EASEMENTS THEREIN.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 ommon Council of the City of San Bernardino at a meeting thereof
6 held on the day of 20 by the following vote, to
7 wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13
SHORETT
14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 City Clerk
20
21 The foregoing resolution is hereby approved this day of 20
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24 Approved as to form: PATRICK J. MORRIS, Mayor
/ City of San Bernardino
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