The URL can be used to link to this page

Home My WebLink About28-Development Services . , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director 0"" . " ," . , 'L ~, I ' Dept: Development Servlcesl j 1,.. . . . I i Subject: Public Hearing 4:00 p,m. and Resolution Ordering Vacation: proposed vacation of portions of Waterman A venue frontage road, south of Caroline Street, north of Union Pacific Railroad. Date: September 24, 2002 Synopsis of Previous Council Action: File No. 15.30-361 MCC Date: 10-07-2002 07-15-02 - Authorization to proceed was given, and Plan No. 10421 was approved. 04-15-02 - Authorization to proceed and plan approval - matter was tabled. 09-09-02 - Resolution No. 2002-292 was adopted, setting a public hearing. Recommended Motion: I. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad, is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. Contact person: EILEEN GOMEZ Phone: 5328 Supporting data attached: StaffReportlMaps/Reso Ward: 3 FUNDING REQUIREMENTS: Amount: $1,000 (processing fee to be paid by applicant) Source: (Aeet. No.) 001-000-4780-0000 (Aeet. Description) Vacation Processing Fees Finance: Council Notes: '2~~~'2.-?Z<. Agenda Item No. ~g IOJ'1/Dd- . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad. BACKGROUND: On December 11, 2001, a request was received by this office, to vacate a portion of the east side of the Waterman Avenue frontage road, south of Caroline Street, north of the Union Pacific Railroad. The request came from a representative for The Rock Church & Wodd Outreach Center (The Rock). This strip ofland to be vacated also includes a slope area, which the City currently owns in fee. Representatives from The Rock have indicated that they desire to lease the vacated area for a period of fifty (50) years for a lease amount of$1.00 per year. In exchange, they will assume the cost of installation and continuous maintenance of the landscaped and parking areas that will consist of groundcover and irrigation. As a condition for this vacation, the City and the applicant would be required to negotiate and execute a Lease Agreement prior to the recordation of the Resolution Ordering Vacation, at which time the vacation will take effect. On July 15,2002, authorization to proceed was given, and Plan No. 10421 was approved by the Mayor and Common Council. On September 9,2002, Resolution ofIntention No. 2002-292 was adopted, setting a public hearing for October 7, 2002. Notices were posted along the area proposed for vacation and published in the Sun newspaper. Adjacent property owners were also notified of the public hearing by mail. Mr. Robert Jennings, who is the owner of Bob's Automotive, located on the east one-half of Lot 46 as shown on the attached plan, had some prior concerns regarding access to the rear of his lot across The Rock property. This office received notification from representatives for The Rock and Mr. Robert Jennings that they have reached a settlement regarding the access issue, which will not affect the proposed vacated area. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (cont.) 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for the City Water Department, Pacific Bell, Southern California Edison and The Gas Company. FINANCIAL IMPACT: None. Applicant has paid the $1,000 processing fee. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. No Scale 5th St. Mill St. ~ <( G o C o U G C- Oron e Show Rd. ~ -, . o Location of proposed vacation Coroline st. VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of a portion of Waterman Avenue, South of Caroline Street. ~ indicates un-incorporated areas ~ within Cit 's S here of Influence Created by: J. . Rr;. Date: ~/z. ~'- NlrOO"OO-E ..or N Ir4Toa-E ...-- -UNION -- -- N ... 21. 31- E 4U.' ""'" ""'" 55' p.". A PetW. CAROLINE -STREET- Por. I .r~C. No. S. fKJ .2170 .8.3119 c. 4 4 4 PARCEL"B" C3 flOC 889"4700" W 1.19' Curve Data R L D Cl 20.00' 31.42' 90"00'00" C 433,00' 123.33' 1619'12" C 386,00' 109.95' 1619'11" C 446.00' 127.04' 16'19'11" C 373.00' 106.24' 16'19'12" Line Data Varies Approltimatelocation of "Toe of Slope" Area of Landscaping 130' PARCEL "A" L L1 58,81' N 89" 47' 00" E L2 195.00' N 00" 00' 00" L3 66.71' S 00' 13' 00" W N89"4TOO"E 35.00' Proposed Rock Church Pile/Ftc -llAIlllO.ol o _ IliW - N80"oo'OO"w -_ 132.01' - - -- - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION PROPOSED VACATION OF A PORTION OF THE EAST SIDE OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET n.eA"Ac. PLAN NO.: 10421 CITY ENGINEER Prepared by: j~Z-/.€; ~A-!) .., '/' /. 1.. ( Checked by: ..,' , ,ll " . - Date: 0c;71 081 2002 Sheet I FILE NO. : 15.30-361 of AREA OF VACATION SHOWN AS V///~ OCT-07-2002 09:04 Llt-'t.11CK ll. CRfi'lER. LLP 909 793 8944 P. 01/07 , . ZIPRICK & CRAMER. LLP 707 Brookside Avenue RedJandl, California 92373-5101 TEL (909) 798-5005 FAX (909) 793-8944 ."'*****.* FACSIMILE TRANSMITT AL DATE: October 7,2002 TO: Eileen Gomez Real Property Specialist Development Services Department Public Works Division City of San Bernardino Fax#: (909) 384-5155 FROM: Robert H. Ziprick, Esq. RE: Jennings v. The Rock Church and World Ontre.da Center THE INFORMATION CONTAINED IN 1""ISIl'ACSJMILE DOCUMENTMA V CONTAIN INFORMAnONTHAT IS PRIVILEGED, CONIl'IDENTIAL, AND EXEMPT 'ROM DISCLOSURE UNDER APPLlC4BLE LAW, AND IS INTENDED ONLY FOR TIlE USE OIl'THE INDMDUAL OR EN11TY NAMED ABOVE. IF TIlE READER OFTlfIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENTIU'SI'ONSIBLE FOR DEUVERING THE MESSAGE TOl'HE INTENDED RECIPIENT, YOU ARE RER.BY NOTIFIED THAT ANY DISSEMlNATlON, DISTJUBtmON OR COPYING OF THIS COMMUNICATION IS 8TRICI'LY PROHlBITEn. IF YOU HAVE RECEIVED nos COMMUNICATION IN ERROR, PLEASE NOTIIl'Y US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA TIlE u.s. POSTAL SERVICE. THANK YOU. The following document(s) islare being transmitted to you and consist(s) of..L pages, including this cover page: Executed Settlement Aereement - COMMENTS: The Settlement Agreement La been fin.lized. The dismissal is being filed today. This matter il resolved. Please advise if you need auything else. lfyou have any problems with the clarity or in receiving these documents through your facsimile, please call me at the above listed telephone nwnber. Thai1k you. No- :J.g /0 h/!Jd.- OCT-B7-2002 09:04 ZIPRICK & CRAMER, LLP 90'3 793 8944 P. 02/07 SEITLEMENT AGRF.F.MENT ROBERT JENNINGS and BONNIE JENNINGS ("JENNINGS'') and THE ROCK CHURCH & WORLD OUTREACH CENTER ("ROCK") hereby entcr into this Settlement Agreement this gp"~day of September, 2002, and in consideration of the promises made herein, agree as follows: 1. In 1987, JENNINGS purchased the real property located at 383 Caroline Street, San Bernardino, California. Since 1987, JENNINGS has claimed a dirt road across the adjacent property to thc south, owned by Dale Gross (Gross), and several members ofhis family, as a prescriptive easement. 2. In 2000, Gross and his CO.owners sold their property to ROCK which commenced construction of its church facilities. On October 3 J, 200 I, JENNINGS brought suit in the Superior Court of the Slate of California for the County of San Bernardino, Case No. SCVSS 083364 and recorded a Notice of Lis Pendens at the San Bernardino County Recorder's Office. 3. On April 23, 2002, a settlement was reached between JENNINGS and ROCK which had certain contingencies that were dependent upon acceptance by the City of San Bernardino. As a part of that April Settlement Agreement, it was agreed that ROCK could, pending the fiDalization of that settlement, provide alternative access for JENNINGS to service Bob's. This was done by purchue of the "Cole" property at 371 Caroline Street by ROCK and the creation of a temporary dirt road over said Cole property from Caroline Street to Bob's. , These contingencies are ~1ill pending and the parties have decided to finalize their settlement on new terms which completely supersede and replace the settlement of April 23, 2002. 4. Therefore, JENNINGS and ROCK hereby settle Case No. SCVSS 083364 referred to above on the following terIrul and conditions: .1. OCT-07-2002 09:05 <:I~I L1< lS. CI<fM::I<, LU" ~'.::f '(':l.j ts':j44 t-'.W/1a"( (a) ROCK will pay JENNINGS the sum of Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) on or before October 5,2002. ROCK will deliver the check to JENNINGS' attorney and JENNINGS' attorney will hold said check until the conditions set forth below are met whereupon JENNINGS' attorney may release said check to JENNINGS. Upon the paYlI\ent of the Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) as set fort/;l above from ROCK to JENNINGS' attorney, JENNINGS will prepare and.tile a Request for Dismissal with Prejudice of the action described in Paragraph 2, record a Release of its Lis Pendens Notice and deliver a Quit Claim Deed to any and all claimed prescriptive easement(s) and any other claimed casement(s) in favor of the 383 Caroline Street as against property of ROCK, to ROCK's attorneys. JENNINGS' attorney may release the sum of$37,500.00 to JENNINGS upon .tiling by JENNINGS of the Request for Dismissal with Prejudice and the recording of the Release of the Lis Pendens Notice recorded in this ease and the providing of copies of both to ROCK's attorneys via facsimile. (b) ROCK will continue to provide alternative access to JENNINGS across the dirt . road on the former Cole property through April 5, 2003 at 5:00 p.m.; (c) JENNINGS will release, relinquish and quit claim to ROCK all their claims set forth in their Case No. SCVSS 083364, including but not limited to any prescriptive easement and any other claimed easement and damages; and (d) Each party shall bear its own costs and attorney's fees. 5. JENNINGS and ROCK warrant and represent that in executing this Settlement Agreement, each has relied on legal advice from the attorney of their choice, and that the terms of -2- OCT-07-2002 09:05 ZIPRICK & CRAMER. LLP 'oM:! '(~.:S 1:l~44 1-'. ~M( this Settlement Agreement and its consequences have been completely read and explained to each party by its attorney and that each party tillly understands the terms of this Settlement ., Agreement. 6, In the event any further documentation or cooperation is required to carry out the intent of this Settlement Agreement, the undersigned parties agree to cooperate fully in so doing to fully resolve this matter, 7. r n any dispute regarding the enforcement of the terms of this Settlement Agreement, the parties shall submit the matter to David Moore, Attorney, the Mediator in this matter. for resolution. READ, UNDERSTOOD AND AGREED: DATED: ROBERT JENNINGS DATED: BONNIE JENNINGS '.. DATED,1 ~-Z lo~ CHURCH & WORLD CENTER -3- OCT-e?-2l1lB2 09:05 ZIPRICK & CRAMER. LLP , 909 793 E:I~4 P .ll::>/Il7 ~;::I ,~ bY4~ p.EJ4/05 this Settlement Agree.u,.ut and its CUllSllQuences hive been awpletdy lad 1WI ~Iai~ to ;acb puty by i1s ano~ lIDlI thai: each pIfty fully IIIlllerstulb tbc tenus oftbis Settlement A~. 6. In the event any tunber ~'lIlt'nbUiW or c:oope:mlon is =Illinld to c:alIY out the inteut qf this Settlement ~ce...e.d, the UIIdersiped }Jalties.~ to c:uoperale 1\lIly in so doiDc 10 funy resolve this mattu. 7. In all)' dispute tegardiug the eqf~ orlhe tenmofrbis s.ulemem AgRCml!Qt, the )llIrtics shall subznit the matIer to David Mocft, A1rGmcy, the ~~ iQ this 1lIa1tCJ', fonesolu\ioQ. READ, UNDeRSTOOD AND AGREED: DATED: ~.J 7-o.Q. , DATED: 9..2'7- ().:l ~~7(i THE ROCK CHURCH 4 WOlU.D OUTREACH CEN1ER DATED: JAMES COBRAE SF.NlORPASTOR -3- OCT-07-20B2 09:06 ZIPRICK & CRR1ER. LLP 909 793 8944 P. 06/07 "". . J_' ._'.'''_ ........ . " r :-'\ APPROVED AS TO FORM; ATTORNEY FOR JEm.'lNGS LAW OFFICES Of' RANDALL S. STAMEN DATED: \a}2.!D2 ~,J.~ RAN ALL S. STAMEN ATTORNE.YS FOR. TI-tE ROCK: ZlPRlClC II; CRAMER, LLP DATED: ROBERT H. ZlPlUCK DA TED: EDWARD B. FISCHEL >"\lIU8\Tll< RocL'Io_Iltooinp. n.. "~\St-i'I'l.I!MDlT J.lJRIillMelT._ -4- TtlTFL P.05 OCT-07-2B02 09:06 ZIPRICK & CRAMER. LLP 909 793 8944 P. 'lf7 /'lf7 , APPROVED AS TO FORM: ATIORNEY FOR JENNINGS LAW OFFICES OF RANDALL S. STAMEN , DATED: RANDALL S. STAMEN A TIORNEYS FOR THE ROCK: DATED: q-1..C9- t) ?- ZIPRICK & CRAMER, LLP Rg~~ ~~ DATED: 9- :2.6 "' 2oo'l.. . ".' F;\BOR\l1.. _........pIJ.nnill.. Y. The ItllCIclSETTLEMENT AGREEMENT.wpd -4- TOTAL P.'lf7 OCT-07-2002 10:41 , ZIPRICK & CRAMER. LLP 909 793 8944 P.01/02 , ZIPRICK & CRAMER, LLP 707 Brookside Avenue Redlands, California 92373-5101 TEL (909) 798-5005 FAX (909) 793-8944 ********* FACSIMILE TRANSMITT AL DATE: October 7, 2002 TO: Eileen Gomez Real Property Specialist Development Services Department Public Works Division City of San Bernardino Fax#: (909) 384-5 I 55 FROM: Robert H. Ziprick, Esq. RE: Jennings v. The Rock Church and World Outreach Center THE INFORMATION CONTAINEDIl'lTRlSFACSIMJLE DOCUMENTMA YCONTAIl'lINFORMATIONTHAT IS PRIVILEGED, CONFIDENTIAL, AND EXEM1'T FROM DISCLOSURE UNDER AI'.L1CABLE LAW. AND IS INTENDED ONLY FOR TilE USE OFTJIE lNlllVlDUAL OR ENTITY NAMlID AJOVE. IF Till!: READBR OF THIS MESSAGE IS NOTTUE INTENDED RECIPIENT, OR THE EMI'LOVJ:E OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. I'" YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEl'HONE, AND RE'I1lRN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.s. POSTAL SERVICE. THANK YOU. The following document(s) Ware being transmitted to you and consist(s) ofL pages, including this cover page: Request for Dismissal filed today COMMENTS: ~- If you have any problems with the clarity or in receiving these documents through your facsimile. please call me at the above listed telephone number. Thank you. /Vo. J.P IO/7Io~ . OCT-07-2002 10:41 ZIPRICK & CRfi'lER. LLP , 909 793 8944 P. 02/02 ATTORNEY Qft PARTY WIT1iOUT ATTORNEY fN--_rI Adcftu:l! RanilaII S. Stamen Esq. (Bar # 162576) The Law Offices of Randall S. Stamen . 4046 Chestnut Street, P. O. Box 946 A~..xm~~\f}>e'Ri:n925Blaintiff In,lrtrMl'''' alQlllUltn """,,dj,ldidal disn:tMd 'Irandt c:(IlMt. II' MY. FOR COURT USE ONLY (909) 787-9515' FILED SUPERIOR CS?\ffl"""'NO COUNtY OF SAN B""""",,, SAN 8EftNAROINO DISTAJCl' OCT - 7 2002 Su crior Court of CllIifomia, County of San Bernardino. Central PLAINTlffIPETmONER: Jennings DEfENDANT/RESPONDENT: The Rock Church & World Ooutreach Center REQUEST FOR DISMISSAL o Personal Injury. Prop.rty DIIIIIll" Dr Wrongful Death o MDIDr V.hiGI. 0 OlIIer o FlIII'lllyLaw o Eminent Domain [X] Other (specify): uie::! Title fI( ~:~ eME NUMBER: SCVSS 083364 - A conformed copy will not be rc::tumed by the clerk unf_ II method of return is provided with the document. 1. TO THE CLERK: Please dismiss this action as follows: ~. (1)m Wilhprejudice (2) 0 Wilhoutprejudice ~. (1) 0 Complaint (2) D Petition t;:\\ (3) 0 Cross-complaint flied by (name): I!::!!:::J (4) 0 Cross-complalntfiledby(name): . ~ (5) IJD Entire action of all parties and all causes of action g (Il) 0 Other (specify):. ~.: September 27, 2002 . Randall S. Stamen . ciYK OR PAINT NA~ 0; jiJ""TioANO"r;;.un: WITHoUT Airo~"eVl' . u __ tOqIIOSIOd 10 oIspecUlocl poiilOs onJv. oI........lBd..... 01 8Cicm anIr. Dr at $pCIlif"1Dd f;lVA 'umpIakU .. so.... ad Idenffv' the pIIrtiea. C8U&8& d .ctian. III' crass-campl8inl1a bu disrh$sed. on (date); on (dato): ~~ ~A - (SlONATURE) Attorney or part)' without attorney for. lJ[] Plaintiff/Petitioner D DefendanllRespondent D Cross-compl.inant 2. TO THE CLERK: Consent to the above di.mi....1 is h.reby given.'. Date: (tYpe 0" PRiNT "MMi Of' d ~TrCRN:Y t1'p^Aiv'wirH~~'; ':';'OR'NEY) . - Ir a c:JOOSoOOmplalOl_ ""_ (l'arnflr Low) -Idns aIIIrmolive rvIiaJ-4. on.... a. ....., far... .~1Mnt (l-____~ rnuBt oitn thio_........... ~ COde OfCivll__S81(1) ...(j) ~ (SlmlATUAE) Attorney or part)' without attorney for: o PlaintiffJPetilioner 0 Defendant/Respondent o Cro5S-COmplainant (To be completed by r;Ierk) 3. 0 Di.ml_l.m<<ed a. requested on (d./.); 4. D Dismissal entered on (date): as to only (n""",); 5. D Dismissal not entered as requested for the following reasons (specify): 8. D a. Attorney or part)' without attorney notified on (date): b. Attorney or part)' without attorney not notified. Filing p.rty "'llad to provide o a copy to conform 0 means to retum conformed copy Dale: Clerk, by , Deputy TOTAL P. 02 c c c r-_ (1 0rR:c';J\f RESOLUTIOl't~~' Uj 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. having heard the evidence offered in relation to the proposed vacation of those certain portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad, 10 described in Resolution of Intention No. 2002-292. hereby find from all of the evidence 11 submitted that such portions of said streets proposed to be vacated by said Resolution are 12 unnecessary for present and prospective street purposes. 13 SECTION 2. The Mayor and Common Council of said City do hereby vacate those 14 15 certain portions of Waterman Avenue frontage road, south of Caroline Street. north of Union 16 17 Pacific Railroad, as more fully described in Exhibit '"A" attached hereto. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 18 easements for public utility purposes belonging either to the City of San Bernardino or to any 19 20 21 22 public utility and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, an easement for water utility purposes over the entire area proposed to be vacated. including the right at any time. or from time to time. to 23 construct. maintain. operate, replace and renew one or more pipelines or appurtenances for the 24 25 26 27 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 to construct. place, operate, inspect. maintain, repair 28 and replace underground and overhead structures consisting of wires, cables and necessary nQnn!O? \ 01 DOH 08- +b 'I Q' c c c RESOLUTION ORDERING VACATION THOSE CERTAIN PORTIONS OF WATERMAN AVENUE FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan No. 10421) 1 2 3 fixtures and appurtenances and said easement shall include right of ingress and egress thereto: 4 5 6 7 8 and there is hereby specifically reserved for Southern California Edison, its successors. heirs and assigns. an easement to construct, place. operate. inspect. maintain. repair. replace and remoYe 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 9 fixtures and appurtenances and said easement shall include right of ingress and egress thereto: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns. an easement over the entire area proposed to be vacated, including the right at any time. or from time to time. to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of natural gas. including the right of ingress and egress thereto. SECTION 4. It is hereby determined that the vacation of the streets is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). 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. and such recording shall be deferred until the petitioner for the vacation of said street has met certain conditions. as set forth by the Director of Development Services. specifically the execution of a Lease Agreement for the installation and continuous maintenance of landscaping and parking in the vacated area. or the execution of an agreement to purchase the property from the City. at which time City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. 09/30/02 2 RESOLUTION ORDERING VACATION THOSE CERTAIN PORTIONS OF WATERMAN AVENUE 1 FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No. 10421) . 2 3 4 5 6 7 8 9 10 11 c c c I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the wit: Council Members: ESTRADA LIEN MCGINNIS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCHNETZ SUAREZ ANDERSON MCCAMMACK meeting thereof day of , 20_, by the following vote, to AYES NAYS ABST AlN ABSENT City Clerk The foregoing resolution is hereby approved this 2. . ..e/>~ Approved as to form and legal content: JAMES F. PENMAN City Attorney l\Q/1.l\m') day of ,20_.. JUDITH V ALLES, Mayor City of San Bernardino 1 c c c EXHIBIT "A" Lease of a Portion of Waterman Avenue City of San Bernardino All that certain real property in the City of San Bernardino, State of California, being a portion of Waterman Avenue, a portion of which is within Lot 9, Block 75 Rancho San Bernardino as per plat recorded in Book 7 page 2 of Maps records of said County, said portion'of Waterman Avenue being described as parcels follows: Parcel "A" Commencing at ihe Southeast corner of Lot 43, Tract 2170 ("Inter City No.5) as per plat recorded in Book 31 page 49 of Maps, records of said county; Thence "North" along the East line of said Lot 43, 296.85 feet to the southerly line of Caroline Street (33' half width); Thence along said southerly line North 89047'00" East, 80.00 feet to the true point of beginning; Thence leaving said Southerly line South 0013'00" West 66.71 feet to a tangent curve, concave westerly, having a radius of 373.00 feet; Thence southerly along said curve, through a central angle of 16019'12", a length of 106.24 feet to a reverse curve, concave easterly, having a radius of 446.00 feet; Thence southerly along said reverse curve, through a central angle of 16019' 11", a length of 127.04 feet to the south line of said Tract 2170; Thence "South" 195.00 feet to a line parallel with and distant 195.00 feet southerly of said south line; Thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman Avenue, said east line being a line parallel with and distant 130.00 feet easterly of said centerline of Waterman Avenue; Thence along said easterly line "South" 479.16 feet; Thence North 89047'00" East 35.00 feet to a line parallel with and 165.00 feet Easterly of said centerline of Waterman Avenue; Along said parallel line "South", 121.29 feet more or less to the Northerly right of way line of the Union Pacific Railroad Company (formerly Southern Pacific); . 1 . c o o Thence leaving said easterly line of Waterman Avenue and along said Northerly line North 80000'00" West 132.01 feet to a line parallel with and 35.00 feet easterly of said centerline of Waterman Avenue; Thence along said parallel line, "North" 880.00 feet; Thence North 4040'55" East 171.52 feet; Thence North 68026'31" East 49.46 feet to said southerly line of Caroline Street; Thence along said southerly line North 89000'00" east 8.07 feet to the True Point of Beginning. Parcel B Conunencing at the Southeast comer of Lot 43, Tract 2170 ("Inter City No.5) as per plat recorded in Book 31 page 49 of Maps, records of said county; Thence "North" along the East line of said Lot 43,296.85 feet to the true point of beginning, which is on the southerly line of Caroline Street (33' half width); Thence along said southerly line North 89047'00" East 80.00 feet; Thence leaving said southerly line South 0013'00" West 66.71 feet to a tangent curve, concave westerly, having a radius of 373.00 feet; Thence southerly along said curve, through a central angle of 16019'12", a length of 106.24 feet to a reverse curve, concave easterly, having a radius of 446.00 feet; Thence southerly along said reverse curve, through a central angle of 16019'11", a length of 127.04 feet to the south line of said Tract 2170; Thence "South" 195.00 feet to a line parallel with and distant 195.00 feet southerly of said south line; Thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman Avenue, said east line being a line parallel with and distant 130.00 feet easterly of said centerline of Waterman Avenue; Thence along the generally Easterly Line of said Waterman Avenue the following courses: 1. Along said last mentioned parallel line, "North", 195.00 feet to said south line of Tract 2170, 'I . c 2. Along said South Line South 89047'00" West 1.19 feet to a point on a non- tangent curve, concave easterly, having a radius of 386.00 feet, a radial line to said point bears South 89047'00" West, 3. Northerly along said curve through a central angle of 16019'11", a length of 109.95 feet to a reverse curve concave westerly, having a radius of 433.00 feet, 4. Northerly along said reverse curve, through a central angle of 16019'12", a length of 123.33 feet, 5. South 0013'00" East 46.71 feet to a tangent curve, concave southeasterly, having a radius of 20.00 feet, 6. Northeasterly along said curve, through a central angle of 90000'00", a length of 31.42 feet to said southerly line of Caroline Street and the true point of beginning. c c ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1 b - ') -0.) Item # Vote: Ayes \-'1 Nays e ~ Resolution # )00;)-323 Abstain -e- Absent ..(!} Change to motion to amend original documents: Reso. # On Attachments: L Contract term: - Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: \ 0 - 9 -0 ~ Date of Mayor's Signature: 10 -\O--()d Date of Clerk/CDC Signature: /0-1 b....Q \ Q.!!!e Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. NullNoid After: - By: - Reso. Log Updated: v Seal Impressed: v Date Returned: - Yes-L- No By Yes No v By Yes No ~ By Yes NO+ By Yes No By_ Water Dev. Services ~ EDA Others: Code Compliance Public Services Police Notes: Finance MIS &M. eO~1 'ID Ell..FCN BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File:~ Date: K'J-(4-o.>- Revised 01/12/0 I