HomeMy WebLinkAbout25-Public Work ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Public Hearing and Resolution
Ordering Vacation of a Public Utility
Dept: Public Works Easement (P.U.E.) generally located
between vacated Turrill Avenue and
Date: January 12, 2011 Garner Avenue, south of vacated Magnolia
Avenue.
File: 15.30-412
Meeting Date: January 24, 2011
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.
12/20/10 - Resolution No. 2010-391 was adopted, declaring its intention to vacate a Public
Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and
Garner Avenue, south of vacated Magnolia Avenue, and setting a public hearing for
January 24, 2011.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from
the Public Works Director, as to why the Public Utility Easement(P.U.E.) generally located
between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue is
no longer necessary for public utility purposes, be adopted.
AND
2. Adopt Resolution.
Nadeem 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. s
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing and Resolution Ordering 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 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 (see map).
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 I1 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 14th Street and 16`h 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 II
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 to 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.
On December 20, 2010, Resolution No. 2010-391 was adopted declaring the City's intention to order
the vacation of the P.U.E. generally located between vacated Turrill Avenue and Garner Avenue,
south of vacated Magnolia Avenue, and set a public hearing for January 24, 2011.
The Resolution was published in the Sun newspaper, and the P.U.E. was 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 public utility
purposes, and staff recommends the vacation based on the following facts:
1. The Public Works Director has determined that the proposed vacation is of no further
necessity to the general public.
2. It does not conflict with the General Plan.
2
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 temporary easements from the utility companies listed
above and the easements have been reserved, as required by law.
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:
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. 12738
- Resolution
3
L OCA TION OF
PROPOSED STREET
VACATION
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DETAIL 'A'
#810leroar CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT PROPOSED VACATION OF A PUBLIC UTILITY
REAL PROPERTY SECTION EASEMENT (P.U.E) BETWEEN VACATED TURRILL AVE.
i1a 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.
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rzw CITY OF SAN BERNARDINO PLAN NO. 12738 PROPOSED VACATION OF A PUBLIC UTILITY EASEMENT(P U E)
BETWEEN VACATED TURRILL AVE AND GARNER AVE.SOUTH OF
PUBLIC WORKS DIVISION VACATED MAGNOLIA AVE,IN THE CITY OF SAN BERNARDINO
REAL PROPERTY SECTION Sheet 1 of 1
LEGEND:
Approved: ��� Date: d /6 io
Area of vacation shown thus:
Crty Engineer
Created by: Ran Sandoval —`,--Date: 08/09/2010
Checked by: Laszlo Fogassy Date: <) / 7 a/0 File No. :15.30-412
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED
BETWEEN VACATED TURRILL AVENUE AND GARNER AVENUE, SOUTH OF
4 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. Proceeding under and in accordance with the "Public Streets, Highways,
8
and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway
9
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 Public Utility Easement (P.U.E.)
12 generally located between vacated Turrill Avenue and Garner Avenue, south of vacated
13 Magnolia Avenue, described in Resolution of Intention No. 2010-391, hereby find from all of
14 the evidence submitted that proper notice has been given and that such public utility easement
15
proposed to be vacated by this Resolution is unnecessary for present and prospective public
16
17 utility easement purposes.
18 SECTION 2. The Mayor and Common Council of said City do hereby vacate that
19 Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner
20 Avenue, south of vacated Magnolia Avenue, more fully described as follows:
21 A non-exclusive easement for public utilities and incidental purposes over those portions
22 of the south 5 feet of Lots 1 to 7, and the north 5 feet of Lots 8 to 14, inclusive, of Block
5, of Tract No. 2130 The St. Elmo Resurvey, as per map recorded in Book 31 of Maps,
23 Page 6, records of San Bernardino County, State of California.
24 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
25 existing easements for public utility purposes belonging either to the City of San Bernardino or
26 to any public utility that existed prior to these vacation proceedings; and there is hereby
27
specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC
UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE
2 AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA AVENUE, AND RESERVING UTILITY
EASEMENTS THEREIN.
3
temporary easement for sanitary sewer and appurtenant facilities over the entire area proposed to
4
5 be vacated, including the right at any time, or from time to time, to construct, maintain, operate,
6 replace and renew said sewer or appurtenances and shall include the right of ingress and egress
7 thereto; and there is specifically reserved for Time Warner Cable, its successors, heirs and
8 assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace
9 underground and overhead structures consisting of wires, cables and necessary fixtures and
10
appurtenances and said easement shall include rights of ingress and egress; and there is
11
12 specifically reserved for Verizon, its successors, heirs and assigns, a temporary easement over
13 the entire area proposed to be vacated to construct, place, operate, inspect, maintain, repair or
14 replace underground and overhead structures consisting of wires, cables and necessary fixtures
15 and appurtenances and said easement shall include rights of ingress and egress. The temporary
16 easements set forth herein shall terminate upon relocation or abandonment of the affected
17 utilities.
18
SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
19
20 this Resolution with the San Bernardino County Recorder's office.
21
22
23
24
25
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12/28/10 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC
UTILITY EASEMENT (P.U.E.) GENERALLY LOCATED BETWEEN VACATED TURRILL AVENUE
2 AND GARNER AVENUE, SOUTH OF VACATED MAGNOLIA AVENUE, AND RESERVING UTILITY
EASEMENTS THEREIN.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
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
7 wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
DESJARDINS
11
BRINKER
12
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of , 20
21
22
23 PATRICK J. MORRIS, Mayor
City of San Bernardino
24 Approved as to form:
25
26 C-
2 7
S(%ec;• ) CaGt��f
28
12/28/10 3
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