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HomeMy WebLinkAbout35-Water Department ,.. '- \"..;. CITY OF SAN BERNARDINO - -....I REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey, secrett.v.C'O. _ AD Milt SlP'iect: Board of Water COImnissionE!,l;..~ AM _(~ P)! 3= 37 Ki'.1'" rt\ ..... I" Grant of Open Space Declaration and Easement to Pavelak Construction, Inc. Dept: Date: March 27, 1989 ~ , Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Contact person: Bernard C. Kersev Phone: ,RL.-~,Q, Supporting data attached: Yes Ward: Thirn FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. Descriotionl Finance: Council Notes: -.-' '-' . CITY OF SAN BERNARDINO - '-'" REQUEST FOR COUNCIL ACTION STAFF REPORT pavelak Properties is in the .process Fairway Commerce Center located on South Century Avenue and Mackay, and adjacent to Public Golf Course. of developing the "0" Street between the San Bernardino The City of San Bernardino owns the property on which a portion of the golf course is built and the lease is current- ly with J.G. Golfing Enterprises, Inc. Century Homes requested the Board of Water Commissioners consider granting them 16 foot open space easements for two (2) of their proposed buildings. The easement is soley in order to facilitate the construction of these two office buildings without the need for building setbacks which would otherwise apply. As consideration for granting the open space easements, pavelak Properties agrees to install sprink- ler systems and landscaping in accordance with the San Bernardino Public Golf Course. In considering the request for the open space easements, it was determined that in the event the lease is terminated with the golf course for expansion of the Wastewater Treatment Plant, the open space easements would not interfere with the expansion. Any wastewater treatment facilities would be constructed away .from the western property boundary to create a buffer with adjacent developments. The Board of Water Commissioners voted to for open space declaration and easement Secretary to submit the matter to the Council for approval. approve the request and authorized the Mayor and Common .---',"" ."""" "- -~~ 1 2 RESOLUTION NO. _______ 3 4 5 6 7 8 of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANTING AN OPEN SPACE EASEMENT TO PAVELAK CONSTRUC- TION CO., INC., A CALIFORNIA CORPORATION. WHEREAS, the City of San Bernardino is the owne.r of certain real property located within the City of San Bernardino, County San Bernardino, more particularly described in Exhibit "1" attached hereto; and WHEREAS, J.G. Golfing Enterprises,. Inc., a California Corpo- ration, has a leasehold interest in said property, which oper- ates and maintains thereon a public golf course; and Pavelak WHEREAS, Construction a California Co. , Inc. , Corporation, is the owner of certain real property adjacent to the public golf course upon which Pavelak intends to construct commercial office buildings; and pavelak Construction WHEREAS, Inc., is desirous Co. , of obtaining an open space easement along the westerly boundary of City owned property in order to construct two commercial office buildings in which will allow the most efficient a manner utilization of pavelak's property; and WHEREAS, granting an open space easement will not .interfere with or conflict with the current and proposed uses of the City owned property. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS FOLL~S: 27 S.ECX10!Ll.a The Mayor of the City of San Bernardino is 28 hereby authorized to execute the Open Space Declaration and 3-27-89 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION GRANTING AN OPEN SPACE EASEMENT TO PAVELAK CONSTRUCTION CO., INC. '''"..'' 1 Easement, which is attached hereto marked Exhibit "I", and 2 incorporated herein by reference as though fully set forth at length herein.. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ____________________ meeting thereof held on the _______day of ________________, 1989 by the fOllowing vote to wit: AYES: Council Members: _________________________________ -------------------------------------------------- NAYS: -------------------------------------------------- ABSENT:__________________________________________________ SHAUNA CLARK, CITY CLERK The foregoing Resolution is hereby approved this ________ day of ___________, 1989. ---------------------------------- EVLYN WILCOX, MAYOR CITY OF SAN BERNARDINO APPROVED AS TO FORM AND LEGAL CONTENT: _____3.!{~.?_"::>_ y Attorney 3-27-89 -2- .. ., "....... , -- './ Recording requested by and when recorded return to: Pavelak Construction Co., Inc. Attn: Jerry McCue 6867 Airport Drive, Bldg. 100 Riverside, CA 92504 OPEN SPACE DECLARATION AND EASEMENT THIS DECLARATION is made and entered into as of this day of , 1988, by and between THE CITY OF SAN BERNARDINO, a municipal corporation ("the City"), J. G. GOLFING ENTERPRISES, INC., a California corporation ("J .G.") and PAVELAK CONSTRUCTION CO., INC., a California corporation ("Pavelak".l. The City and J .G. are hereinafter collectively referred to as "Declarant." This Declaration is made with reference to the following facts: RECITALS A. The City is the owner of certain real property located in the City of . San Bernardino, San Bernardino County, California, more particularly described in Exhibit "B" attached hereto and hereinafter referred to as the "Golf Course Property." The Golf Course Property is subject to a leasehold interest in favor of J.G. as lessee, which operates and maintains thereon a public golf course. The Golf Course Property is the servient tenement with respect to the easement herein described. - ....,.../ adjacent B. to pavelak is the owner of certain real the Golf Course Property, . described as Parcels 22, 23 and 28 of. Parcel Map 5333 as per Map recorded in Book 50, pages 96 to 98 of Parcel Maps, in the Office of the County Recorder of said County. property follows: This property is hereinafter referred to as the "Pavelak Property" and, with respect to the easement herein described, is the dominant tenement. C. Pavelak intends to construct upon the Pavelak Property a commercial office building ("the Improvements"). In order to construct the Improvements in a manner which will allow the most efficient utilization of the Pavelak Property, the City (as approving authority through its Building and Safety Department and not as owner of the Golf Course Property) requires assurance that structures will not be located within the. Golf Course Property within an area extending approximately sixteen (16) feet into the Golf Course Property along its common boundary line with the Pavelak Property. The parties desire. by this Declaration to provide for the maintenance of such boundary line area as open space, all in accordance with the terms provided below. -2- ,..." - ". ..,/ OU.BAflY!LUOYlS10.u 1. G~Ant_Df_Eaa~ment~ The City and J.G. hereby grant to Pavelak and its successors in interest in ownership of the Pavelak Property, an open space easement as depicted in the cross-hatched areas on Exhibit wAw attached hereto (hereafter wEasement AreaW) and more particularly described in Exhibit wCw attached hereto. Such easement is appurtenant to the pavelak Property as the dominant tenement, and extends a maximum of sixteen (16) feet into the Golf Course Property in those areas along the common boundary line between the Golf Course and Pavlak Properties where Improvements are to be located upon the Pavelak Property. 2. Chi~a~t~~_Df_Baa~ment~ The easement herein granted is for open space purposes only, it being understood that the City, J.G. and their successors in interest will not con- struct or otherwise locate within the Easement Area any buildings or above-ground improvements of any type. Pavelak, its employees, agents and business visitors may not, pursuant to this Declaration, enter upon the Easement Area, except for the purpose of installing sprinkling systems and landscaping, it being the intention of the parties that no possessory interest or right to use the Easement Area be acquired by Pavelak pursuant to this Declaration. The easement described herein is granted solely in order to facilitate the construc- tion by Pavelak upon the Pavelak Property of certain Improve- ments, without the need for building setbacks which would otherwise apply. Upon completion of Pavelak's construction - "..."" ,u....c, '-' ~,.I upon the Pavelak Property, Pavelak shall install landscaping and sprinkler systems upon the Easement area in accordance with the requirements of the San Bernardino Public Golf Course. 3. :rUID..t. The easement described herein will remain in effect so long as (a) Improvements are located upon the pavelak Property in a manner requiring this easement in order to comply with setback requirements of the CitY1 and (b) the City (or any successor jurisdiction) continues to require such setbacks. 4. Appy~t~DAnt_!A~~meDt~ The easement described here- in is appurtenant to and for the benefit of the pavelak Property as the dominant tenement and will burden and be appurtenant to the Golf Course Property as the servient tenement. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year first above written. D!CLMlAm.1 THE CITY OF SAN BERNARDINO, CALIFORNIA, a Municipal Corporation J.G. GOLFING ENTERPRISES, INC., a California Corporation By 1________________________ Byl___________________-- . . By 1________________________ By 1_____________________ APPROVED AS TO FORM AND LEGAL CONTENT I 1 . . i~' I -' -'~ ~- - ----------- C'/tity-Attorney PAVELAK CONSTRUCTION CO. INC., a California Corporation By 1_____________________ John Pavelak, President ..... " I ~ Ii , l4j II , . ~ t II ' , ~ . '- . ~ .....(r) - ~Q:: I :J::~ ~-J I..l , !e \ I J ~. ... \ \ N ~. .' ~ .~ I \ \oj \J Vl, . II:: '~ ~ EXHIBIT "An , ,II' I'll ~N . Ilil . I.b ~hl. I I. f t;11 'I '; I fIlii ~ f 'It \.c 1'1 R : !h! ltii '" I' . It" ~ ~~I: !'II~ I iii! m! ill I -'""..... ~ "' EXHIBIT "B" Legal Description of Golf Course Property That certain real property located in the County of San Bernardino, State of California, described as follows: All that portion of Lots 23 and 14, Block 54 of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of maps, page 2, records of said county, described as follows: Beginning at a point in the east line of said Lot 23, which is 200 feet south of the northeas't corner of said Lot 23; thence south along the east line of said Lots 23 and 14, to a point which is 360 feet north of the southeast corner of said lot 14; thence southwesterly in a straight line to a point on the south line of said Lot 14, which is 780 feet west of the southeast corner of said Lot 14; thence westerly along the south line of said Lot 14 to a point which is 800 feet east of the east line of "E" Street, 82.5 feet wide, as conveyed by the deed from the City of Riverside, to the County of San Bernardino, which was recorded May 23, 1924, in Book 845, page 268, of deeds; thence north along a line parallel with and 800 feet east of the east line of "E" Street to a point which is 50 feet south of the north line of said Lot 23; thence east along a line parallel with and 50 feet south of the north line of said Lot 23, to a point which is 200 feet west of the east line of said Lot 23; thence south 150 feet along a line parallel with and 200 feet west of the east line of said Lot 23; thence east along a line parallel with and 200 feet south of the north line of said Lot 23 to the point of beginning. Excepting therefrom any portion of the above described property lying within said Lot 23. B-1 - , . '- ~~ Also excepting therefrom that portion of said Lot 14, described as follows: Beginning at a point in the south line of said Lot 14, distant thereon North 89 deg. 19' 41. west, 780 feet from the southeast corner of said Lot 14; thence continuing North 89 deg. 19' 41. west, 173.88 feet along said south line of Lot 14; thence north 49 deg. 40 37. east, 329.69 feet; thence south 40 deg. 00' 43" east, 171.08 feet to a point on the northerly line of that property as conveyed to the State of California by deed recorded October 17, 1956, in Book 4065, page 513, Official Records of said county; thence south 65 deg. 46' 35" west, 205.58 feet along the north line of said State of California property to the point of beginning. Also excepting therefrom that portion of said Lot 14, described as follows: . ."_"1..' ~""""_~I;oIlI.., ' ~!!!i'i m---~ulI. JlIbU1l!1JI1 " ,fl"1~1Jll1>"If ''-11'1''''1& i.' _.wu.r~'lll'iII.JII\~.i~~'-f~n~~~ ' ' c'r~Dea as" e1ng all or that part of Lot 14, lying within a strip of land 400 feet wide being 200 feet on each side of, measured at right angles to, the following described centerline: Beginning at a point in the north line of Lot 24 of said Block 54, Rancho San Bernardino, distant thereon north 89 deg. 36' 13.5. west, 200 feet from the south- east corner of Lot 45 of said Block 54, said southeast corner of Lot 45 being a point in the said north line of Lot 24; thence south 0 deg. 20' 14. west, 1163.86 feet; thence southwesterly 1039.88 feet along a tangent curve concave to the northwest, having a radius of 1200 feet. and a central angle of 49 deg. 39' 03"; thence south 49 deg. 59' 17. west, 807.37 feet to the point of ending of the centerline herein described, said point being north 49 deg. 59 I 17. east, 75.85 feet from a point in the south line of Lot 14 of said Block 54, distant thereon 619.16 feet from the southeast corner of said Lot 14. B-2 " GMG0334 ",'. "" ~ . ,.... Said parcel of land herein conveyed is more particularly described as follows: Commencing at the point of ending of the centerline of said 400-foot strip above describedl thence north 40 deg. 00' 43" west, 200 feet along the southwesterly boundary line of said 400-foot stripl thence north 49 deg. 59' 17" east 455 feet along the northwesterly boundary line of said 400-foot strip of land to the true point of beginning of the parcel herein describedl thence continuing north 49 deg. 59' 17" east 110 feet along said northwesterly boundary line; thence north 40 deg. 00' 43" west 20 feet; thence south 49 deg. 59' 17" west 110 feet along a line parallel to said northwesterly boundary line of said 400-foot stripl thence south 40 deg. 00' 43" east, 20 feet to the true point of beginning of the parcel herein described. B-3 . .. I ~ .....,... EXHIBIT C LEGAL DESCRIPTION CLEAR SPACE EASEMENT GRANTED TO CENTURY HOMES, INC. BY THE CITY OF SAN BERNARDINO IN, UPON, OVER, ACROSS AND ABOVE THE FOLLOWING DESCRIBED REAL PROPERTY SI'lUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA TO WIT: THAT PORTION OF LOT 14, BLOCK 54, RANCHO SAN BERNARDINO, AS PER PIAT RECORDED IN BOOK 7, PAGE 2, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 14 THAT BEARS N66066'68''W, 894.62 FEET MEASURED ALONG SAID WESTERLY LINE FROM THE SOUTH LINE OF LOT 14: SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 23 OF PARCEL MAP NO. 5333, AS RECORDED IN BOOK 56, PAGE 96 OF PARCEL MAPS IN THE RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE OF LOT 14 N68088'68''W, A DISTAN- i CEOF 38.66 FEET TO THE TRUE P8INT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY LINE OF LOT 14 N68088'88''W, A DISTANCE OF 178.88 FEET; THENCE N89059'52"E A DISTANCE OF 16.86 FEET; , THENCE S68088' 88" E A 01 STANCE OF 176.88 FEET: THENCE S89059'52"W A DISTANCE OF 16.68 FEET TO THE TRUE POINT OF BEGINNING. AND; COMMENCING AT A POINT ON THE SAID WESTERLY LINE OF LOT 14 WHICH BEARS N68088'68"W, 1123.82 FEET FROM THE SOUTH LINE bF SAID LOT 14, SAID POINT BEING MORE PARTICULARLY DESCRIBED AS THE SOUTHEASTERLY CORNER OF LOT 28 OF PARCEL MAP NO. 5333, AS / HEREINABOVE DESCRIBED; THENCE ALONG SAID WESTERLY LINE OF LOT 14 N68088'68''~, A DISTANCE OF 152.85 FEET TO THE TRUE POINT OF BEGINNING; :1 THENCE, CONTINUING ALONG SAID WESTERLY LINE OF LOT 14, N88088'88"W A DISTANCE OF 93.66 FEET: THENCE N89059'52"E A DISTANCE OF 16.86 FEET; THENCE S88086'88"E A DISTANCE OF 93.66 FEET; THENCE S89059'52"W A DISTANCE OF 16.88 FEET TO THE TRUE POINT OF BEGINNING.