RESOLUTION ORDERING THE SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS ACROSS THE PREVIOUSLY VACATED CHERRY AVENUE BETWEEN “B” STREET AND HOLT BOULEVARD AND THE ALLEY NORTH OF HOLT BOULEVARD BETWEEN LEMON AND SULTANA AVENUES
Meeting Date: February 3, 2009
Section: Consent Calendar
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A RESOLUTION ORDERING THE SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS ACROSS THE PREVIOUSLY VACATED CHERRY AVENUE BETWEEN “B” STREET AND HOLT BOULEVARD AND THE ALLEY NORTH OF HOLT BOULEVARD BETWEEN LEMON AND SULTANA AVENUES |
RECOMENDATION: That the City Council adopt a Resolution ordering the summary vacation of existing Public Utility Easements across the previously vacated Cherry Avenue between “B” Street and Holt Boulevard and the alley north of Holt Boulevard between Lemon and Sultana Avenues.
COUNCIL GOALS: Invest in the Growth and Evolution of the City’s Economy · Work with the private sector to encourage core community revitalization with emphasis on Downtown, Holt Boulevard, Mountain Avenue and the Central Industrial and Part 150 areas.
FISCAL IMPACT: None. The City did not pay to acquire these easements. Vacating these easements to the current owner/applicant does not impose any additional cost to the City.
BACKGROUND: The property owner, J.H. Snyder has requested that the City vacate the subject easements as shown on Resolution Exhibits A and B to allow for the construction of the Ontario Town Square Planned Unit Development (P.U.D.). On December 19, 2006, the City Council adopted Resolution 2006-129 to vacate this portion of Cherry Avenue and subject alley with the reservation of a Public Utility (Service) Easement for operation and maintenance purposes of public utilities which existed at that time. Currently, these easements have no public utilities and are determined to be excess of present and prospective public utility purposes.
Section 8333 (c) of California Streets and Highway Code authorizes the City to summarily vacate (by resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess and there are no other public facilities located within the easement areas.
STAFF MEMBER PRESENTING: Louis Abi-younes, P.E., City Engineer
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