HomeMy WebLinkAbout2003-069
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RESOLUTION NO. 2003-69
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL
BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND
VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF PIEDMONT DRIVE
(PLAN NO. 10122A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET
VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO
MISSION INDIANS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
heard the evidence offered in relation to the proposed vacation of those certain portions of
Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and
Avenue, and Victoria Avenue, north of Piedmont Drive, described in Resolution of
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No. 2003-46, hereby find from all of the evidence submitted that such portions of said
streets proposed to be vacated by said Resolution are unnecessary for present and prospective
street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate those
portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between
19 Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive, as more fully
20 described in Exhibit "A" attached hereto.
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SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
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easements for public utility purposes belonging either to the City of San Bernardino or to any
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24 public utility and there is hereby specifically reserved for the San Bernardino Valley Municipal
25 Water District, its successors, heirs and assigns, an easement for water utility purposes,
26 specifically for a high pressure water pipeline and existing facilities across portions of Piedmont
27 Drive to be vacated, including the southerly prolongation of Piedmont Drive lying within
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Marshall Boulevard, and said easement shall include the right at any time, or from time to time,
03/12/03 ~
2003-69
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD,
BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF
PIEDMONT DRIVE (PLAN NO. 10122A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET
VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS.
to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the
transportation of water and related incidental purposes, and said easement shall include the right
of ingress and egress thereto; and there is hereby specifically reserved for Pacific Bell, its
successors, heirs and assigns, an easement across the portion of Mazshall Boulevard to be
vacated to construct, place, operate, inspect, maintain, repair and replace underground and
'overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
easement shall include the right of ingress and egress thereto; and there is hereby specifically
reserved for Southern California Edison, its successors, heirs and assigns, an easement across
(portions of Victoria Avenue and Marshall Boulevazd to be vacated to construct, place, operate,
inspect, maintain, repair, replace and remove any overhead or underground electrical
transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said
easement shall include the right of ingress and egress thereto.
SECTION 4. That the Mayor of the City of San Bernardino is hereby authorized and
20~ directed to execute, on behalf of said City, a Street Vacation Agreement with the San Manuel
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~ Band of Serrano Mission Indians, which incorporate by reference the Conditions of Approval
(attached as Exhibit "B"). The Street Vacation Agreement (attached and incorporated herein as
Exhibit "1"), shall be fully executed prior to the recordation of the Resolution Ordering
Vacation, at which time the City Clerk is hereby directed and authorized to file a certified copy
~ of this Resolution with the San Bernardino County Recorder's office.
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103/12/03
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2003-69
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD,
BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF
PIEDMONT DRIVE (PLAN NO. 10122A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET
VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS.
SECTION 5. This vacation of said streets as set forth herein, shall not take effect until
this Resolution is filed with the San Bernardino County Recorder's Office.
SECTION 6. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
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03/l2/03
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2003-69
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD,
1 BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF
PIEDMONT DRIVE (PLAN NO. 10122A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET
2 VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof
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held on the 17th day of March
wit:
Council Members: AYES NAYS
ESTRADA x
LONGVILLE x
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MCGINNIS x
1311 DERRY x
14 SUAREZ x
15 ANDERSON X
16 x
MCCAMMACK
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20 The foregoing resolution is hereby approved
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23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
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03/12/03 4
20 03 , by the following vote, to
ABSTAIN ABSENT
~?~ ~~~
Cit Jerk
this ~~1 Tv day of
r.
March _ 20 03
~ ~i!~4~
JUD H VALLES. Mayor
v f San Bernardino
EXHIBIT "1"
STREET VACATION AGREEMENT
This Agreement is made and entered into in San Bernardino,
California, by and between the San Manuel Band of Serrano Mission
Indians, a federally recognized Indian tribe having an address at 26569
Community Center Drive, Highland, California 92346 ("Tribe") and the
City of San Bernardino, having an address at 300 North "D" Street, San
Bernardino, California ("City"), effective as of March 17, 2003.
RECITALS
WHEREAS, Tribe is a federally recognized Indian tribe with lands
near the boundaries of City over which it exercises governmental
jurisdiction ("Tribal lands");
WHEREAS, the Tribe's General Council determined that it was in
the Tribe's best interest to file an application with City requesting a
General Plan Amendment to delete the below-described General Plan
Streets from Figure 26, Circulation Plan of City of San Bernardino
General Plan, and seeking the vacation of the previously dedicated
roadway easements for said streets, all as more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference:
1. Piedmont Drive: from Marshall Boulevard, northwesterly a
distance of 1,160 feet, to the City limits, and the existing
portion of Piedmont Drive, then designated a Secondary
Arterial.
2. Marshall Boulevard: from the east side of Rockford Avenue,
easterly a distance of 835 feet, to Victoria Avenue, then
designated a Secondary Arterial.
3. Victoria Avenue: from 100 feet north of Piedmont Drive, a
distance of 725 feet northerly, then designated a Secondary
Arterial.
WHEREAS, City and Tribe developed certain Conditions for Approval
required to be completed by Tribe as a condition of the approval of Tribe's
application for general plan amendment and street vacation, which
Conditions are more particularly described in Exhibit B attached hereto
and incorporated herein by reference;
C\WINDOWS\TGMPASUeet Vacation Agaememdoc 1
March 13, 2003
WHEREAS, on February 18, 2003 the Mayor and Common Council of the
City of San Bernardino approved General Plan Amendment No. 00-02
deleting the above-described arterials from the General Plan Circulation
Element;
WHEREAS, on February 18, 2003 the Mayor and Common Council of the
City of San Bernardino approved a Resolution of Intention to Order the
Vacation of the above-described streets;
WHEREAS, it is the intent of the parties that on March 17, 2003, the
Mayor and Common Council shall approve a Resolution Ordering
Vacation of said streets pursuant to the Conditions set forth herein at
Exhibit B hereto;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. On March 17, 2003, City shall approve a Resolution Ordering
Vacation of portions of the described streets as more particularly
described in Exhibit A hereto pursuant to the Conditions of
Approval, and shall execute this Agreement in furtherance thereof;
2. Tribe shall execute this Agreement and deliver payment to City in
the amount of One Hundred Forty Nine Thousand Three Hundred
Twenty Seven Dollars and Ninety Nine Cents ($149,327.99), which
represents all monies due from Tribe to City under the Conditions
of Approval, within one business day after the Mayor and Common
Council's approval of Resolution Ordering Vacation.
3. City shall record with the San Bernardino County Recorder's Office
the Resolution Ordering Vacation and any and all other
documentation required by County Recorder's Office to effectuate
the vacation of said streets within two business days after receipt
of Tribe's payment as required in Paragraph 2 hereof.
4. Tribe agrees to complete all Conditions of Approval within One
Hundred and Eighty (180) days of execution of this Agreement,
provided that if Tribe experiences bona fide difficulties in satisfying
one or more Conditions of this Agreement within the 180 day time
period for completion it shall notify City in writing no later than
Fifteen (15) days prior to the expiration of the time period of the
nature of the delay in completing one or more of the Conditions,
and seek a thirty day extension of time to satisfy said Condition(s),
approval of which shall not be unreasonably withheld by City.
5. The City agrees to indemnify and hold harmless Tribe and its
officers, employees, agents, and members, and Tribe agrees to
indemnify and hold harmless City and its officers, employees,
C:\WINDOWS\TEMP\Street Vacation AgreemencAoc
March ^, 2001 L
agents and volunteers, from any and all claims, actions, losses,
damages or liability arising out of the other's performance or other
obligations under this Agreement, provided in the event either
party is found to be comparatively at fault for any claim, action,
loss, or damage which results from their respective performance or
obligations under this Agreement, the party so at fault shall
indemnify the other to the extent of its comparative fault.
6. This Agreement constitutes the entire and integrated agreement
between the parties and all prior and contemporaneous
negotiations, representations and agreements, written or oral, if
any between the parties with regard to the subject matter of this
Agreement are superseded and canceled hereby and shall not be
used to interpret or construe this Agreement. No amendment or
other modification of this Agreement shall be effective or
enforceable unless in writing duly signed by City and Tribe.
7. Any disputes under this Agreement shall be resolved first by
attempting to meet and confer to resolve such differences on an
amicable basis. If attempts to do so have failed after sixty days
from the date such meeting was first requested with regard to a
specific issue, a party may initiate judicial proceedings in
accordance with Paragraph 10 herein.
8. City acknowledges and agrees to comply with any and all
applicable tribal, federal, and state laws with regard to any
performance taking place on Tribal Lands.
9. Any and all notices required or otherwise provided for under this
Agreement shall be served by certified mail, return receipt
requested, or by overnight mail delivery for which a signature is
required and shall be addressed as follows:
San Manuel Tribal Administration
P.O. Box 266
Patton, California 92369
Attn.: Tribal Chairman
Mayor
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Either party may change the name or address for notice by sending
a written request in the manner provided herein.
C\WINDOWS\TEMP\SVeet Vacation Agreemencdoc
March 13, 2001 3
10. Subject to the provisions of this Paragraph 10, Tribe hereby grants
to the City a limited waiver of its immunity from unconsented suit
subject to the conditions set forth below.
A. Claims authorized under this waiver are limited to claims
arising under this Agreement and no other.
B. This waiver shall only run in favor of the City and its
successors in interest.
C. The claim is made in a detailed written statement to Tribe
stating the specific action or discontinuance of action by
Tribe which would cure the alleged breach or non-
performance, or the sum of money claimed to be due and
owing from Tribe to the City by reason of such specific
breach or non-performance, and Tribe shall have sixty (60)
calendar days to cure such breach or non-performance or to
make such payment before judicial proceedings may be
instituted.
D. Prior to initiation of judicial proceedings the parties shall
meet and confer in an effort to resolve any dispute arising
under this Agreement. If the parties fail to resolve the
dispute following such meet and confer, a claim may be filed
in accordance with the provisions set forth below.
E. In the event there is a claim which is not resolved between
the parties, any court proceeding under this section shall be
commenced within the later of two (2) years after the claim
accrues or one (1) year after the claim is discovered, but in
no event later than two (2) years from the date the claim is
first submitted to the Tribe, or such claim shall be forever
barred. The waiver granted herein shall commence on the
execution date of this Agreement and shall continue for two
(2) years following the expiration, termination, or
cancellation of this Agreement (whichever is later), except the
waiver shall remain effective for any proceedings then
pending, and all appeals therefrom.
F. Any claim authorized under this section shall be made for
specific performance, injunctive relief or money damages not
to exceed the monetary value which is the subject of this
Agreement. In no event shall this waiver apply to punitive or
consequential damages.
G. Tribe waives its sovereign immunity from a judgment or
order consistent with the terms and provisions of this
C'\WIIVDOWS\TEA1P\Sneet Vacation Agreement doc A
March 13, 2041 Y
Paragraph 10, which is final because either the time for
appeal thereof has expired or the judgment or order is issued
by a court having final appellate jurisdiction over the matter.
Tribe consents to the jurisdiction of the United States
District Court for the Central District of California and any
court having appellate jurisdiction thereover, consistent with
the terms and conditions of this Paragraph 10. None of the
parties shall object to the jurisdiction or venue of said federal
court. In the event the federal court does not have
jurisdiction, Tribe will consent to the jurisdiction of any
court of competent jurisdiction in the State of California,
County of San Bernardino. Without in any way limiting the
generality of the foregoing, Tribe expressly authorizes any
governmental authorities who have the right and duty under
applicable law to take any action authorized by any court, to
take such action to give effect to any judgment entered
against Tribe in accordance with this waiver.
H. The foregoing limited waiver of sovereign immunity is
expressly conditioned on the parties' agreement herein that
the only assets, including property and funds, which shall be
available to satisfy any enforcement proceedings or judgment
in connection with this Agreement shall be limited to the
income or assets of Tribe, except that no interest in land,
whether tangible or intangible, legal or beneficial, vested or
contingent, or any occupancy or other rights or entitlements
therein or related thereto, shall be subject to attachment,
execution, lien, judgments or other enforcements or
satisfaction of any kind, in whole or in part, with respect to
any claim of the City against Tribe on any basis whatsoever.
No assets of any kind whatsoever of any member of the
Tribe, whether tangible or intangible, vested or contingent,
shall be available to satisfy any judgment or subject to
attachment, execution, lien, or other enforcement or
satisfaction of any kind with respect to any claim of the City
against Tribe.
I. Except as ordered by a court of competent jurisdiction, all
parties shall bear their own costs, including attorneys' fees,
in connection with any judicial proceedings authorized under
this Agreement. The parties expressly agree that this
provision shall survive the termination, for any reason, or
expiration of this Agreement. The costs, salary and expenses
of the City Attorney and members of his office in enforcing
this Agreement on behalf of the City shall be considered as
"attorneys' fees" for the purposes of this Paragraph.
C\WIN~OWS~TEMP\Smeea Vacation AgieeicentAnc
Memh ^, 200J J
J. In the event that any provision of this Agreement is held to
be void or unenforceable, except for the waiver of sovereign
immunity set forth in Paragraph 10, the remaining
provisions shall remain in full force and effect.
11. Tribe shall submit this Agreement to the Secretary of the Interior
or its designee at the Bureau of Indian Affairs (BIA) within 30 days
after the parties' execution of the Agreement. Upon receipt of such
written approvals of the Secretary of the Interior and/or BIA, Tribe
shall provide City with copies of same. Tribe shall not withdraw
said submittal to the Secretary of the Interior and/or the BIA
without prior written 10 day notice to City.
SAN ~VIANUEL BAND OF SERRANO MISSION INDIANS
By:
Deron Marquez
Tribal Chairman
CITY OF Sl~P~ BERNARDINO
By:
Approved as to form and legal content:
40 ~. P
MES F. PENMAN
ity Attorney
C1WINDOWS\TEMP\Street Vacation Apeememdoc L
March 13, 2003 V
Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue,
North of Piedmont Drive
All of that portion of Piedmont Drive located easterly of the East line of Tract No. 6513, as
per plat thereof recorded in Book 84 of Maps, pages 35 through 36 inclusive, records of the
County Recorder of San Bernardino County, State of California, and northerly of the North
line of Marshall Boulevard having a half width of 44 feet, as portions of said Piedmont Drive
are delineated on Parcel Map No. 4879, recorded on Book No. 53 of Parcel Maps, pages 69
through 70 inclusive and also as portions of said Piedmont Drive are dedicated to the City of
San Bernardino in Document No. 82-019692 recorded on January 29, 1982, Official Records
of said County and also as portions of said Piedmont Drive are dedicated to the City of San
Bernardino in Document No. 80-215145 recorded on September 23, 1980, Official Records of
said County; and
All of that portion of Marshall Boulevard lying westerly of the West line of Victoria Avenue,
as said Victoria Avenue is delineated on Parcel Map No. 4795, as per plat thereof recorded in
Book 65 of Parcel maps, page 17, records of said County and East of the Northerly
prolongation of East line of Rockford Avenue, as said Rockford Avenue is delineated in the
Map of Tract No. 9239, recorded in Book 129 of Maps, pages 66 through 67 inclusive,
records of said County; and
All of that portion of Victoria Avenue lying Northerly of the Westerly prolongation of the
North line of Lot 1, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages
8 through 10 inclusive, records of said County, and Westerly of the East line of Section 30,
Township 1 North, Range 4 West, San Bernardino Meridian, said line also being on the
corporate City limit line of the City of San Bernardino; and
That portion of Marshall Boulevard lying within Lots 4, 5, and 6 of Block 16, and Lots 4, 5,
and 6 of Block 17 of the Map of West Highlands, in the City of San Bernardino, County of
San Bernardino, State of California, as per plat filed in book 5, Page 77 of Maps, in the Office
of the County Recorder of said County, described as follows:
Beginning at the Southwest corner of Parcel 1 of Parcel Map No. 4879, filed in Book 53,
Pages 69 and 70 of Parcel Maps, Records of said San Bernardino County, said Southwest
corner also being on the Northerly line of Marshall Boulevard; thence along said Northerly
line of Marshall Boulevard, North 89°50'00" East, a distance of 5.00 feet to the True Point of
Beginning; thence continuing along said Northerly line North 89°56'00" East, a distance of
977.08 feet [o the Northeasterly line of Piedmont Drive, as shown on Parcel Map No. 10305,
filed in Book 133, Page 34 of Parcel Maps, records of said San Bernardino County; thence
leaving said Northerly line South 37°41'31" East, a distance of 3.47 feet, along said
Northwesterly line to the Northerly line of Marshall Boulevard as shown on said Parcel Map
No. 10305; thence along said Northerly line of Marshall Boulevard, North 89°56'00" East, a
Exhibit "A"
Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue,
North of Piedmont Drive
(Continued)
distance of 157.45 feet to the Westerly line of Parcel Map No. 4795, as shown on a map filed
in Book 65, Page 17 of Parcel Maps, records of said San Bernardino County; thence along said
Westerly line South 00°15'40" West, a distance of 41.25 feet to the Southwest corner of
Parcel 3 of said Parcel Map No. 4795; thence along said Southerly line and its Easterly
prolongation North 89°56'00" East, a distance of 224.75 feet to its intersection with the
Northerly Prolongation of the Easterly line of Lot 6; Block 16 of said Map of West Highlands;
thence South 00°15'40" West, a distance of 41.25 feet to the Northeast corner of said Lot 6;
thence along the Southerly line of Marshall Boulevard South 89°56'00" West, a distance of
436.00 feet to the Northerly prolongation of the Easterly line of Tract No. 9239, recorded in
Book 129, Pages 66 and 67 of Maps, records of said San Bernardino County; thence along said
Easterly line South 8°50'44" West, a distance of 2.78 feet to the Southerly line of Marshall
Boulevard, as shown on said Tract No. 9239; thence along said Southerly line South
89°56'00" West, a distance of 388.79 feet to the beginning of a curve concave Southeasterly
and having a radius of 20.00 feet; thence Westerly, Southwesterly and Southerly, a distance of
31.42 feet along said curve through a central angle of 90°00'00"; thence North 00°04'00"
West, a distance of 20.89 feet to the beginning of anon-tangent curve concave Southeasterly
and having a radius of 43.50 feet, a radial line through said point bears North 69°07'54"
West; thence Northwesterly, a distance of 12.49 feet along said curve through a central angle
of 16°27'26" to the beginning of a reverse curve concave Northwesterly and having a radius of
46.50 feet, a radial line through said point bears South 52°40'28" East; thence Northeasterly
Northwesterly, and Southwesterly, a distance of 133.47 feet along said curve through a central
angle of 164°27'26" to the beginning of a reverse curve concave Northwesterly and having a
radius of 93.50 feet, a radial line through said point of reverse curve bears South 37°07'54"
East; thence Southwesterly and Westerly, a distance of 60.72 feet along said curve through a
central angle of 37°12'22"; thence North 89°55'32" West, a distance of 251.30 feet to the
beginning of a curve concave Northerly and having a radius of 43.50 feet; thence
Northwesterly, a distance of 6.58 feet along said curve through a central angle of 8°39'41";
thence North 81°15'51" West, a distance of 134.94 feet to the beginning of a curve concave
Northerly and having a radius of 9.50 feet; thence Northwesterly, a distance of 4.28 feet along
said curve through a central angle of 25°49'21"; thence North 56°05'56" West, a distance of
6.11 feet; thence North 00°04'00" West, a distance of 3.02 feet to the True Point of Beginning
of this description.
Conditions for Approval of Vacation of Portions of Piedmont Drive, North of
Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue,
and Victoria Avenue, North of Piedmont Drive
The following are conditions set by the Development Services Department to be
completed by the San Manuel Band of Mission Indians (Tribe) in accordance with the
Resolution Ordering Vacation of portions of Piedmont Drive, north of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north
of Piedmont Drive. The following work shall be completed by Tribe at Tribe's sole expense,
except where otherwise specified:
1. Noise
a) Tribe submitted a noise study of the residential perimeter of the parking lot. City
acknowledges receipt of that report entitled "Environmental Noise Study For the
Interim Use of The San Manuel Governmental Center Site As A Temporary Parking
Lot", prepared by Wieland Associates, Inc., dated October 17, 2001, the conclusions
and recommendations of which have been ceviewed and deemed approved by the City
as satisfying this noise study requirement.
b) Tribe designed and is in the process of constructing a concrete block wall (6' minimum
height) in the landscaped area of the buffer zone along Marshall Boulevard. The block
wall shall be completed within 180 calendar days after recordation of the Resolution
Ordering Vacation, pursuant to the Agreement between the City and Tribe. City
acknowledges receipt of Overall Site Plan dated March 8, 2002, and amended Site Plan
dated July 24, 2002, and Elevation, Section, Color and Material of Buffer Wall at
Marshall Avenue, each dated March 8, 2002, as prepared by Jallali Architectural
Group, which designs have been reviewed and approved by City as satisfying this block
wall design requirement.
2. Liehtine
Tribe submitted a photometric study, approved by the City Engineer, prior to the
recordation of the Resolution Ordering Vacation. All light fixtures along the residential
area of the buffer zone on the west side of the parking lot shall be set at 20' maximum
height. These light fixtures shall have directional shields to direct light away from the area
residents and shall be set at a 50' minimum setback from the perimeter of the parking lot.
The candlefeet of light at property boundaries shall be set at a maximum of 0.6 c.f. City
acknowledges receipt of a photometric study prepared by Jallali Architectural Group dated
November 5, 2001, the conclusions and recommendations of which have been reviewed
and approved by City as satisfying this photometric study requirement.
3. Hvdrology and Water Quality
a) Tribe has obtained approval from the City Engineer for the detention basin design and
completed the construction of the detention basin. City acknowledges receipt of (1)
Hydrology and Hydraulics Report for the Tribal Government Center Surfacing Parking,
dated January, 2002; (2) Sheet C-5, titled GRADING, of the Surface Parking
Drawings, dated January 3, 2002; and (3) Sheet C-6, titled FLOW DIVERSION
03/13/03 Exhibit "B"
DETAIL SHEET, of the Surface parking Drawings dated January 3, 2002, prepared by
Berryman &Henigar, which designs have been reviewed and approved by City as
satisfying this detention basin design requirement.
b) Tribe shall pay the City-wide storm drain impact fee in accordance with the City fee
schedule in the amount of $53,728.57, prior to the recordation of the Resolution
Ordering Vacation.
4. Transportation/Traffic
a) Tribe shall contribute to the City, an estimated $60,000 or an amount equal to 50% of
the cost for the traffic signal at Lynwood Drive and Victoria Avenue. The total cos[ for
the traffic signal was estimated at $120,000, which was determined by the City
Engineer and shall be paid prior to the recordation of the Resolution Ordering
Vacation. Receipt of said amount shall satisfy this Transportation/Traffic Condition.
City shall design and construct traffic signal.
b) Tribe shall contribute 100% of the estimated actual cost to the City to re-stripe existing
striping on Highland Avenue at Victoria Avenue, prior to the recordation of the
Resolution Ordering Vacation. The cost has been estimated at $5,000, which Tribe
shall pay to the City prior to the recordation of the Resolution Ordering Vacation.
Receipt of this amount shall satisfy this Transportation/Traffic Condition. All work
pertaining to the re-striping shall be performed by the City.
c) Tribe installed a stop sign at the southbound access road at Lynwood Drive.
d) Tribe shall pay a Traffic Systems Fee of $30,099.42 in accordance with City standards,
prior to the recordation of the Resolution Ordering Vacation.
5. Construction Standards
a) Tribe shall obtain a Temporary Encroachment Permit, the issuance of which shall be
expedited by City, and shall remove asphalt in the buffer zone between the new wall
and residents and shall also secure all necessary permits required by the Public Works
Division, in connection therewith, which permits shall be issued expeditiously.
b) All construction required off the Reservation site to satisfy the conditions set forth
herein shall be subject to City approval, according to City standards. Tribe shall cause
all plans for such construction on the Reservation required to satisfy the conditions set
forth herein, to be plan checked and inspected by Wildan in accordance with the
standards which have been submitted, reviewed and approved by City. Said
construction plans shall be deemed approved by City upon City's receipt of an
inspection report from Wildan confirming inspection approval according to such
approved standards.
c) Tribe shall install watch manual signing with flagmen during construction.
6. Turnarounds at Vacated Streets
a) Tribe submitted a detailed drawing for the proposed knuckle Tribe shall construct on
Marshall Boulevard. City acknowledges receipt of those civil engineering plans
prepared by Berryman &Henigar, dated April 3, 2002, which design has been
reviewed and approved by City as satisfying this Turnaround Condition.
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b) Tribe will maintain non-exclusive driveways on the west side of Victoria Avenue for
use as an emergency vehicle turnaround while Victoria Avenue is used for vehicle
ingress and egress, unless the Tribe widens Victoria Avenue such that the existing
driveways are no longer needed for emergency vehicle turnaround.
7. Easements
a) Tribe has acknowledged an easement to San Bernardino Valley Municipal Water
District across Tribal property.
b) Tribe shall obtain a letter from San Bernardino Valley Municipal Water District
regarding any conflict or easement reservation for the vacation of Piedmont Drive and
submit such to the City.
c) Tribe and City have acknowledged that an easement to East Valley Municipal Water
District across seven residential properties adjacent to Lynwood Drive is not on Tribal
property.
8. Emergencv Access Gate at Marshall Boulevard and Rockford Avenue
a) Tribe agrees to maintain the gate located at the south side of the parking lot on Marshall
Boulevard and Rockford Avenue, for secondary emergency access.
9. Buffer Walls
a) All construction for buffer walls has been designed by Tribal representatives and
approved by the City Engineer/Deputy Director. City acknowledges receipt of those
drawings, which design drawings have been reviewed and approved by City as
satisfying all design issues related to this Buffer Walls Condition.
b) Tribe submitted detailed drawings for the extension of the side fence of the seven
residential properties onto the new buffer wall on Sand Creek between Lynwood Drive
and Marshall Boulevard. City acknowledges receipt of those drawings, which design
drawings have been reviewed and approved by City as satisfying all design issues
related to this condition as set forth herein.
c) The existing block wall and grading on adjacent residential property, referenced in
subsection (b) above, shall remain. Tribe shall provide a single 4' wide opening for
access to area between walls. City shall obtain consent from property owners in order
to determine which owners desire the 4' openings and which do not. Tribe submitted
detailed plans for raising the grade east of the residence at 2735 Lomita Place. City
acknowledges receipt of those drawings, which design drawings have been reviewed
and approved by City as satisfying all design issues related to this condition as set forth
herein.
d) Tribe submitted a detailed drawing of the proposed extension of the wall of the five
residents on Marshall Boulevard between Rockford Avenue and Sand Creek onto the
new buffer wall, including existing and proposed wall dimensions. The existing block
wall and grading on neighbor's property shall be extended to the centerline of Marshall
Boulevard with a single 4' wide opening in the existing wall for each property. The 4'
wide opening is to provide access to the area between the existing wall and the new
buffer wall, to be constructed by Tribe. The City of San Bernardino Development
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Services Department shall cause the removal of the existing curb, gutter and sidewalk
on the north side of the existing wall of the properties identified as follows: Assessor's
Parcel Nos. 0285-861-33, 0285-861-34, 0285-861-35, 0285-861-36 and 0285-861-37.
Tribe agrees to remove street asphalt and raise grade level with earthwork to meet the
level of the concrete surface, within 180 calendar days after recordation of the
Resolution Ordering Vacation. City acknowledges receipt of those drawings, which
design drawings have been reviewed and approved by City as satisfying all design
issues related to this condition.
e) Tribe shall coordinate with utilities as such utility companies may require to relocate off
Reservation poles or underground existing facilities on Marshall Boulevard, east of
Rockford Avenue.
Tribe and City shall enter into a written agreement agreeing to these Conditions of Approval
for the vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall
Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of
Piedmont Drive, as scheduled. City agrees to outsource at Tribe's sole expense, any plan
check or inspection services required for construction off the Reservation undertaken by Tribe
related to the satisfaction of said above-mentioned conditions.
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