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HomeMy WebLinkAbout22- Public Works ORIGIi'VAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Resolution of Intention: Vacation of a portion of Turrill Avenue between 14°i Dept: Public Works St and 16th St, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Date: May 27, 2010 Garner Avenue (New Roosevelt II Elementary School). File: 15.30-409 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 Turrill Avenue between 14th St and 16th St, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue; and Plan No. 12708 showing the proposed vacation,was approved. Recommended Motion: Adopt Resolution. r 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: � CSD o10/D -djy Agenda Item No. a � 6 /0 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution of Intention: Vacation of a portion of Turrill Avenue between 14`h St and 16`h St, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Gamer Avenue (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 14rh Street and 16t° Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Gamer 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. 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. 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. 2 FINANCIAL IMPACT: None. The total amount of$2,000 has been paid for the completion of the vacation proceedings. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Plan No. 12708 - Resolution 3 LOCATION OF PROPOSED STREET VACATION (SEE DETAIL 'A) a` s e 15 o i 40th St 330 arshall Blvd w% 10 Highland Ave 3 a _ Base Line SL 11 w w e a 91h S 5th St a' Rialto Ave. Mill St S a U to Orange haw Rd i, D JV 78th SL i a y E � � M A. VICINITY MAP tiV 14M St \ � NTS DETAIL ;A' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PORTION OF TURRILL AVE %a Brrwdlw REAL PROPERTYSECTION BETWEEN 14TH ST AND 16TH ST,AND A PORTION OF MAGNOLIA AVE BETWEEN MT.VERNON AVE AND GARNER AVE, IN THE CITY OF SAN BERNARDINO. ® Indicates un-incorporated areas within CiVs Sphere of Influence Created by: Ryan Sandoval Date: 03/04/2010 — J o 16TH-STREET 41.25 U.TS ero-uHl 1 } } I } 3 y 0 2 : 2T s�o—ur- 3 e�«-w-w 26 ------- NOTE; ALL PROPERTIES ADJACENT TO THE 4 25 PROPOSED STREET TO BE VACATED ARE ———— -------- CURRENTLY OWNED BY THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. AREA TO BE — --5 — — —_24 W USED FOR THE CONSTRUCTION OF THE NEW � ROOSEVELT II ELEMENTARY SCHOOL. 6 23 2 -----'7 w«-�«-w 22 j Z Y 6 u1«w21 Q LU B m Q 924 X20 Y•19 EXISTING ROOSEVELT SCHOOL 1 12 n Z Ooro—«o-w 13 oo-1a a 16 Z g --- -- ---a, 1.- -- �P�� L MAGNOLIA o AVENUE A ----- -- -- 1 2 3 4 5 6 7 3 10 w...«Yr 5 .�.e 14 t3 12 11 1 10 - - —14TH STREET - = I — 1F ,-=,80• J IT CI TY OF SANBERNARDINO PLAN NO. 12708 PROPOSED VACATION OFAPORTIONOFTURRILLAVE, BETWEEN 14TH STAND 16TH ST,AND A PORTION OF MAGNOLIA AVE BETWEEN PUBLIC WORKS4tVIS N MT.VERNONAVE.BGARNERAVE.,INTHECITYOFSANBERNARDINO. REAL P PEIF SE ION Sheet 1 of 1 LEGEND: Approved: Date: Area of vacation shown thus: croE�u�... Created by: Ran Sandoval Date: 03/02/2010 Checked by: Laszlo Foqassy a 1 File No. :1530-409 I RESOLUTION NO. COPY © 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF TURRILL AVENUE - BETWEEN 14TH STREET AND 16TH STREET, AND A PORTION OF MAGNOLIA 4 AVENUE BETWEEN MT. VERNON AVENUE AND GARNER AVENUE AND 5 RESERVING UTILITY EASEMENTS THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 9 hereby declares its intention to order the vacation of a portion of Turrill Avenue between 14`h 10 Street and 16`h Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and 11 Gamer Avenue as depicted on the attached map marked as Exhibit "A" and described herein as 12 follows: 13 That portion of Turrill Avenue, dedicated as Alice Avenue on the map of St. Elmo 14 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 16th Street, 15 having a half width of 30 feet, and the north line of 10 Street, having a half width of 30 16 feet; 17 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 18 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 Gamer Avenue (dedicated as St. Elmo Ave), 19 having a half width of 30 feet. 20 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 21 vacating the above described portion of said street, elects to proceed under and in accordance 22 23 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 24 being Division 9,Part 3, of the Streets and Highways Code of the State of California. 25 SECTION 3. That the hour of 4:30 p.m., on Monday, August 2, 2010, in the Council 26 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 27 and place when and where all persons interested in or objecting to the proposed vacation may 28 appear before the said Mayor and Common Council and offer evidence in relation thereto. For 06/03/2010 ] 1 SOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACATION OF A PORTION OF TURRILL AVENUE BETWEEN 14'N STREET AND 16' STREET, 2 D A PORTION OF MAGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER VENUE AND RESERVING UTILITY EASEMENTS THEREIN. 3 4 rther particulars as to the proposed vacation, reference is made to that map marked "Plan No. 5 2708", approved by the Mayor and Common Council on 04/05/2010, a copy of which is on file 6 n the office of the City Clerk of said City. 7 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 8 asements for public utility purposes belonging either to the City of San Bernardino or to any 9 public utility that existed prior to these vacation proceedings; and there is hereby specifically 10 11 reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement 12 for sanitary sewer and appurtenant facilities over the entire area proposed to be vacated, 13 including the right at any time, or from time to time, to construct, maintain, operate, replace and 14 renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and 15 there is specifically reserved for Southern California Gas Company, its successors, heirs and 16 assigns, a temporary easement over the entire area proposed to be vacated, to construct, place, 17 18 operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and 19 appurtenances and said easement shall include rights of ingress and egress; and there is hereby 20 specifically reserved for Southern California Edison, its successors, heirs and assigns, a 21 temporary easement over the entire area proposed to be vacated to construct, place, operate, 22 inspect, maintain, repair, replace and remove any overhead or underground electrical 23 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole 24 25 anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said 26 easement shall include rights of ingress and egress; and there is specifically reserved for V erizon, 27 its successors, heirs and assigns, a temporary easement over the entire area proposed to be 28 vacated to construct, place, operate, inspect, maintain, repair or replace underground and 06/03/10 2 1 ZESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 ACATION OF A PORTION OF TURRILL AVENUE BETWEEN 14m STREET AND 16�STREET, ND A PORTION OF MAGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER 3 VENUE AND RESERVING UTILITY EASEMENTS THEREIN. 4 verhead structures consisting of wires, cables and necessary fixtures and appurtenances and said 5 asement shall includes rights of ingress and egress; and there is hereby specifically reserved for g he City of San Bernardino Municipal Water Department, a temporary easement for water utility 7 3urposes over the entire area proposed to be vacated, including the right at any time, or from 8 time to time, to construct, maintain, operate, replace and renew one or more pipelines or 9 appurtenances thereto for the transportation of water and for the construction and maintenance of 10 I1 water wells and related incidental purposes, including the right of ingress and egress thereto. 12 The temporary easements set forth herein shall terminate upon relocation or abandonment of the 13 affected utilities. 14 SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby 15 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, 16 Highways and Service Easements Vacation Law." 17 18 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 19 Intention and shall cause the same to be published once a week for two successive weeks in The 20 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 21 set forth for the public hearing. 22 23 24 25 26 27 28 1. 06/08/10 z i I RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF TURRILL AVENUE BETWEEN 14'STREET AND 16TH STREET, 2 AND A PORTION OF MAGNOLIA AVENUE BETWEEN MT.VERNON AVENUE AND GARNER AVENUE AND RESERVING UTILITY EASEMENTS THEREIN. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 20 by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of 20 23 24 25 Approved as to form: PATRICK J. MORRIS, Mayor 26 City of San Bernardino 27 P _ J-A , � Sf,.ItICoU,,s,I 23 -C-'�� 06/03/10 4