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/ \, r1~e No TR 10260
. . \OF SAN _RNADINO - REQUEST All COUNCIL ACTION
,"rom: ROGER G. HARDGRAVE
D8tlI:
5-11-89
Authorization to Execute Devel-
opment Agreement - Acquisition
of Rights of Way for Off-Site
Improvements by Tract No.
10260 ---. JOHN C. IJBERS,j!.!.-
REC'D...ADMtH. ~:
Dept: Public works/Engineerill9llAY 17 AM g; 53
Synopsis of Previous Council action:
06-06-78 Tentative map for Tract No. 10260 approved.
10-27-80 Reactivation of Tentative Map for Tract No. 10260 approved.
10-21-85 Resolution No. 85-434 adopted approving the final map
for Tract No. 10260, accepting the public dedications
and authorizing execution of the Standard Form agreement.
09-08-86 -- Concept of secondary use of Hillcrest Park as storm water
detention facility approved in principle.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
Andy Green
Annie Ramos
Contact person: Roqer G. Hardqrave
Staff Report,
Supporting data attached: Resolution & Map
Phone:
5025
Ward:
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FUNDING REQUIREMENTS:
Amount: $7,500
Source: (Acct. No.)
001-999-5999Cf
Acct. Descri tion General Fund
To ~ L ''';'''\./.I's-\.J l"f J..""L,...".. Finance:
Council Notes:
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Aaenda Item No
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.~crry OF SAN _RNADINO - REQUEST AM COUNCIL ACTION
STAFF REPORT
One of the conditions of approval for Tract No. 10260
was that Acacia Avenue be extended from the tract boundary to
Hill Drive, in order to provide a second means of access.
Right-of-way will be. required from two parcels to
facilitate construction of these off-site improvements. The
subdivider has made repeated attempts to negotiate with the
owner of Parcel No. One, as shown on the attached map, but
wi thout success. Parcel No. 2 was dedicated to the City for
park purposes by the final map for Tract No. 9786.
Section 66462.5, of the Subdivision Map Act, provides,
in general, that when a subdivider is unable to acquire the
necessary rights of way for off-site improvements required as a
condition of approval, the agency will then proceed to acquire
the easements through negotiations or eminent domain
proceedings. Furthermore, if the rights of way are not acquired
within 120 days, the condition of approval is waived.
The extension of Acacia Avenue to Hill Drive is needed
as a secondary access to Tract No. 10260. A natural drainage
Channel across these parcels will be improved, which will
necessitate a construction easement across these parcels.
The proposed Development Agreement provides that the
City will proceed to acquire the necessary eas.ements across
these two parcels, by negotiations or through eminent domain
proceedings, within 120 days. Also, that the subdivider, John
C. Heers, Inc., will reimburse the City for all costs incurred
within 15 days after receipt of a bill.
A preliminary estimate of cost for acquisition of the
easements across Parcel No. 1 is $5,000. The value of Parcel
No. 2 is minimal due to the easement for park purposes. An
estimate of $7,500 is used to cover additional expenses.
Parcel No. 2 has recently been improved as Hillcrest
Park. A portion of this parcel will be needed as right of way
for the extension of Acacia Avenue, and a construction easement
for improvement of the drainage channel. The subdivider will be
required to modify the irrigation system and install a fence
along Acacia Avenue. This dedication of a portion of Hillcrest
Park has been reviewed with Annie Ramos, Director of Parks,
Recreation and Community Services, who has no objection.
In view of the provisions of Section 66462.5, of the
Subdivision Map Act, we recommend that the Development Agreement
be approved.
5-11-89
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. .&tIBIT FOR DEDICATION ~ ACACIA AVENUE..
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VICINITY MAP
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5/11/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT WITH JOHN C. HEERS, INC. FOR
ACQUISITION OF NECESSARY EASEMENTS TO ALLOW CONSTRUCTION OF
REQUIRED OFF-SITE IMPROVEMENTS BY TRACT NO. 10260.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
to execute on behalf of said City a Development Agreement with
John C. Heers, Inc. for
Acquisi tion of Necessary Easements to
Allow Construction of Required Off-Site Improvements by Tract No.
10260, a copy of said agreement is attached hereto, marked
11 Exhibit "A", and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2.
This agreement and any amendments or
14 modifications thereto shall not take effect or become operative
15 until fully signed and executed by the parties and no party shall
16 be obligated hereunder until the time of such execution. No oral
17 agreements, amendments, modifcations or waivers are intended or
18 authorized and shall not be implied from any act or course of
19 conduct of any party.
20 SECTION 3. This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
25 Bernardino at a
meeting thereof, held on
26 the ____day of
27 wit:
, 1989, by the following vote, to-
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5/11/89 28
RESO:
AUTHOf!lING EXECUTION
INC. FOR ACQUISITION
OF OFF-SITES BY TRACT
o
OF AGREEMENT WITH JOHN C. BEERS,
OF EASEMENTS TO ALLOW CONSTRUCTION
NO. 10260.
City Clerk
The foregoing resolution is hereby approved this
day
9 of
, 1989.
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AYES:
Council Members
W. R. Holcomb, Mayor
City of San Bernardino
NAYS:
ABSENT:
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13 Approved as to form
and legal content:
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James F. Penman
15 City Attorney
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DBVELOPMBN'l' AGREEMBNT
CONSTRUCTION OF OFF-SITE IMPROVEIIEII1TS
IN CONNECTION WITH TRACT NO. 10260
THIS AGREEMENT, entered into this day of ,
1989, by and between the CITY of San Bernardino, a municipal
Corporation of the State of California, hereinafter referred to
as "CITY," and JOHN C. HEERS, INC., hereinafter referred to as
"SUBDIVIDER."
WITNESSETH
WHEREAS, Tentative Tract No. 10260 was approved by the
Mayor and Common Council on October 27, 1980; and
WHEREAS, access to this tract was to be provided by
existing 59th Street, at Mayfield Avenue, and by construction of
a new street, to be known as Acacia Avenue, to join Hill Drive
opposite existing Acacia Avenue; and
WHEREAS, a portion of Acacia Avenue to be constructed
will be beyond the tract boundaries, which will require rights of
way from two parcels; and
WHEREAS, Section 66462.5 of the Government Code of the
State of California, a part of the Subdivision Map Act, provides
that an agency shall not refuse to approve a final map because
the subdivider has failed to construct off-site improvements for
which no right of way has been granted; and
WHEREAS, Section 66462.5 further provides that in such
cases the agency shall acquire the necessary rights of way within
120 days by negotiation or eminent domain proceedings, and if the
agency fails to comply with this provision, the condition of
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1 approval to construct the off-site improvements is waived; and
2 WHEREAS, construction of Acacia Avenue is needed to
3 provide a second means of access to Tract No. 10260; and
4 WHEREAS, Subdivider has made repeated attempts to
5 negotiate with the owner of one parcel, but has been unable to
6 reach an agreement; and
7 WHEREAS, the City holds an easement for park purposes
8 over the second parcel, which is presently up for sale due to
9 delinquent property taxes.
10 NOW, THEREFORE, IT IS MUTUALLY AGREED, AS FOLLOWS:
11 1. CITY shall -
12 a. Attempt to acquire by negotiations or obtain an
13 immediate right of entry through eminent domain
14 proceedings, easements across Parcel No.1, as
15 required to allow construction of Acacia Avenue
16 and drainage facilities on approved plans for
17 Tract No. 10260. Acquisition of these rights of
18 way shall be accomplished within 120 days from
19 the date of execution of this Agreement.
20 b. Concur with dedication of the necessary rights of
21 way for Acacia Avenue and drainage facilities
22 across the parcel for which the City holds an
23 easement for park purposes, and attempt to
24 acquire by negotiations, or obtain an immediate
25 right of entry through eminent domain
26 proceedings, easements across Parcel No.2, as
27 required to allow construction of Acacia Avenue
28 and drainage facilities on approved plans for
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Tract No. 10260. Acquisition of these rights of
way shall be accomplished within 120 days from
the date of execution of this Agreement.
2. Subdivider shall -
a. Reimburse City within 15 days from receipt of a
bill for all costs incurred "for acquisition of
necessary rights of way for construction of
Acacia Avenue, from the boundary of Tract No.
10260 to Hill Drive in accordance with approved
plans.
THIS AGREEMENT shall inure to the benefit of and be
12 binding upon the successors and assigns of both parties.
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CITY OF SAN BERNARDINO
ATTEST:
15 City Clerk
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17 Approved as to form and
legal content:
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James F. Penman
19 City Attorney
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By:
w. R. HolCOmb, Mayor
Ci ty of San Bernardino
JOHN C. HEERS, INC.
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