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15.02-1259
OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ROGER G. HARDGRAVE, Director
Subject:
Execution of Right to Enter and
Construct over City-owned land
set aside for Water Department
use. Right-of-Way needed to
construct Orange Show Road
Public Works/Engineering
ORIGINAL
Date:
November 21, 1996
Synopsis of Previous Council action:
04/08/93 -- Resolution No. 93-97 adopted authorizing execution of Agreement executed
with David Evans & Associates for the Acquisition of right-of-way for the
extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue
10/04/93 Resolution No. 93-379 adopted authorizing execution of First Amendment to
Agreement to amend Task 7 of Exhibit "1" Environmental Site Assessment.
01/08/96 -- Resolution No. 96-05 adopted authorizing execution of Second Amendment to
Agreement to amend Tasks 1, 3 & 4 of the original Agreement and to author-
ize additional costs.
06/03/96 -- Establishment of Fair Market Value for Orange Show Road Properties and
Authorization to Proceed with Acquisition of Right-of-Way.
Recommended motion:
1. That the Mayor be authorized and directed to execute the Right-to-Enter and
Construct for the Water Department property needed for the construction of the
extension of Orange show Road from Arrowhead Avenue to Tippecanoe Avenue.
All.iN. OFiLC{~
26 fiG" % ldt?~ill Bopf, IVDA
Shauna Clark, City Administrator
Bernard C. Kersey, Water Department
{A~
General Manager
Contact person:
Anne DeBo it
Phone:
5328
Supporting data attached: Staff Report, Entry Permit, Map
Ward:
1,3
FUNDING REQUIREMENTS:
Amount:
None at Present time
Source: (Acct. No.)
242-362-5504-1996
(Acct. Description)
Extension of Orange Show Road
Finance:
Council Notes:
75-0262
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Agenda Item No. S -I
<<;:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is extending Orange Show Road from Arrowhead Avenue to Tippe-
canoe Avenue. David Evans and Associates (DEA) is the Consultant the City retained to
negotiate the acquisition of the necessary right-of-way which consists of approximately
65 partial and total "takes" of privately and publicly owned property.
Originally, the project was to be completed using local funds, but later Federal-aid
Highway Funds became available. The use of the federal funds increases Caltrans' in-
volvement and additional oversight by both Caltrans and DEA. The Second Amendment
increased the amount for title and escrow work, appraisal costs and DEA's acquisition
costs.
At the present time there is concern that federal funds will not be allowed to pay for
property the City already owns. There are on-going talks among the City, Caltrans, and
the FHWA regarding the eligibility of this particular transaction. The property is
owned by the City of San Bernardino, but was bought and paid for with Water Department
funds and is set aside for the Water Department's use.
The property has been appraised by Donahue and Company at $65,000 for an easement across
the Northerly edge of the Water Department properties.
In order to have the right-of-way certified so construction can begin after the first of
the coming year, Public Works/Engineering is requesting a right-to-enter and construct.
If, in fact, FHWA makes the determination that the transaction may be funded, the Water
Department will be paid the amount of the appraisal and all costs incurred will be
charged to Account No. 242-362-5504-1996 and reimbursed from Federal-aid STP Highway
Funds (88%) and IVDA (12%).
We recommend that the Mayor be authorized and directed to execute a "Right-to-Enter and
Construct" over the Water Department property.
URGENCY :
In order to meet the requirement of having the right-of-way certified by January,
the "Right-to-Enter and Construct" will have to be considered at the December 2,
Council Meeting.
1997,
1996
11/21/96
2
75-0264
, ~.
PERMIT TO ENTER AND CONSTRUCT
PERMISSION IS HEREBY GRANTED to the CITY OF SAN BERNARDINO to enter upon City of
San Bernardino Water Department property as shown on the attached map for purposes
of access and for the construction of street improvements and appurtenant facili-
ties for the extension of Orange Show Road from its present terminus at Arrowhead
Avenue, Easterly to Tippecanoe Avenue at San Bernardino Avenue.
This permission is granted in consideration of the benefits which may accrue to
said property.
This permission shall terminate upon completion of the project known as "Orange
Show Road Extension".
This permission is granted in consideration of the location, improvement, and
construction of such street improvements and incidental appurtenances, which it is
understood are required by the CITY OF SAN BERNARDINO.
ACQUISITION MAP NO. 03.04.05
ASSESSOR'S PARCEL NUMBERS: 136-441-04.05. & 06
ACCEPTED:
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
ROOER G. HARDGRAVE
Director of Public Works/City Engineer
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EXHIBIT
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GRANT DEED PER.
Inst. No. 92-244399 O.R.
Recorded June 10. 1992
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INDICATES EASEMENT FOR
ROAD"AY PURPOSES
INDICATES EXCESS ACQUISITION
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