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File No. 15.30-279 ~
- REQUEST C)R COUNcil-((CTION
. CITY OF SAN BERr():IDINO
From: ROGER G. HARDGRAVE, Direct*EC'O. - hD !J.!H. 8ilflect:
Dept: Public Works /Engineering !SSg JUN 2[; AM li): 20
Date: June 20, 1989
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation : frontage road, West of
Waterman Avenue, South of Caroline
Street
Synopsis of Previous Council action:
03/20/89 --- Authorization to proceed was given, and Plan No. 7726 was approved.
06/05/89 --- Negative Declaration was adopted and a Finding of consistency with
the General Plan was made.
06/05/87 --- Resolution of Intention No. 89-172 was adopted, which sets a
pub 11 c heari ng da te of 07/17/89 for the proposed vaca ti on of the
frontage road West of Waterman Avenue, South of Carol i ne Street,
per attached Plan No. 7726.
Recommended motion:
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1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to
why the frontage road, West of Waterman Avenue, South of Caroline Street, is
no longer necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrator/Development
James Penman, City Attorney
Anne DeBolt
Contact person:
Staff Report, Resolution, Map
Supporting data attached:
Phone:
5328
3
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.)
(City initiated)
(Acct. DescriPtion)
_____~ ~___ Finance:__u__.__.
Council Notes:
06/20/89
75-0262
Aaenda Item Nn
~g
. CITY OF SAN BERNQ.DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
This request to vacate the frontage road, West of Waterman, South of Caroline, was
initiated by the City of San Bernardino. The City is planning to signalize the
intersection of Waterman Avenue and Caroline Street, making ingress and egress to the
frontage road a definite safety hazard. On 03-20-89, authorization to proceed with
the proposed vacation was given, and Plan No. 7726 was approved.
Utility companies and City departments were notified of. the proposed vacation on 03-
21-89, with a reply due by 04-21-89. No negative comments were received. On 06-05-
89, Resolution No. 89-172 was adopted, reserving easements for storm drain facilities
and traffic signal equipment and appurtenant facilties, along with a reservation of an
easement for public utility purposes. That resolution sets a public hearing date of
07-17-89. On 06-28-89, the Resolution of Intention was published in a local
newspaper, and Notices were posted in the area proposed for vacation. Property owners
adjacent to the proposed vacation were notified by mail of said hearing.
On 06-05-89, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was made.
There appears to be no further necessity for said frontage road, for either present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above portion of the street has been determined by the Department of Publ ic
Works to be of no further necessity to the general pUblic:
a) Negative Declaration was adopted, and consistency with the General Plan was
found.
b) Traffic entering and leaving the frontage road will create a hazard upon
signalization of the adjoining intersection.
2. The required $400.00 fee has been waived as this was a City initiated proceeding.
a) Through informal meetings with both property owners affected by the proposed
vacation (The Sunset Group and the City of Riverside), concern has been
expressed by the Ci ty of Riversi de regardi ng the access to their property
(see enclosed Plan No. 7726). The Sunset Group, which is in the process of
developing the property adjacent to the proposed vacation, has provided
access, by dedicated alley, across their property for the City of Riverside.
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservations of easements
for storm drain facilities and traffic signal equipment and appurtenant facilities
was requested by the City of San Bernardino, along with a reservation of an
easement for publi c uti 1 ity purposes. The City of Riversi de has requested an
easement for water lines over the entire area, and the same has been provided for
in the Resolution of Intention.
Therefore, we have attached the said Resolution Ordering Vacation for your action.
D6/20/89
75-0264
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DIRECTOR OF PUILIC KS ICITV EN81NliliR
P".p.nd b!ll ~ Sh..t
Ch.cll.d bV I ! 1
DATE I .t 1 of
AREA VACATED SHOWN THUS 11IIIIIIII
FILE NO.I/5:30- 1
PLAN NO.1 77.2
CITY OF SAN BERNARDINO
PUa.IC HORKS DEPARTMENT
ENGIfEERING DIVISION
REAL. PROPERTV SECTION
STREET I ALLEV YACM'ION I
VI\toItTIOH CF FR.tWrlta C R.Dlt-D--
war D' WATERMAN AV."'U~,
.sCUT'H OF (!~A.CUNa S'MUI&'"
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CITY OF
San Bernardino
'UILIC WORK' DEPART....'
R 0 G ERG. H A R 0 G R A V E
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
July 27, 1989
File No. 15.02-279
Mr. William Holsinger
Real Properties Services Manager
City of Riverside
Administrative Services Oepartment
3900 Hain Street
Riverside, CA 92522
Re: Vacation of Frontage Road
West of Waterman Avenue/
South of Caroline Street
Dear Mr. Holsinger:
As a courtesy to you, enclosed is a copy of the Resolution Ordering Vacation
which will be presented at the August 7, 1989, Council Meeting for approval.
We have highlighted the addition of the section covering the re-dedication of the
frontage road and the addition of the words "for the maintenance of water wells".
With the inclusion of those two specific sections the City of Riverside should be
amenable to the successful completion of the proposed vacation.
If you have any questions, of if we can be of any further help to you, please
contact Anne DeBolt in our Real Property Section at 384-5111.
Sincerely
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
VERNE J. NADEAU
Real Property Supervisor
ADB:adb
Encl
cc: Patrick Hopkins, The Sunset Group
300 NORTH '0' STREET SAN BERNARDINO
CALIFORNIA 92418.0001 714/11.-11,1
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CITY OF ADMINISTRATIVE SERVICES DEPARTMENT
3900 Main Street . Riverside, California . 92522
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LAWRENCE E. PAULSEN
Admlnlstr.1lt1ve Services Olrector
RECE!\IE[H~'" Y CI_ERI'
.89 SEP -1 P3 :51
Admini,tration
Property SeNicea
714nS2-5555
714n82-5461
September I, 1989
Patrick T. Hopkins, President
The Sunset Group
225 West Hospitality Lane, Suite 100
San Bernardino. CA 92408
Subject: Club Project - San Bernardino - Proposed Waterman Avenue Frontage
Road Vacation
Dear Mr. Hopkins:
Reference is made to my letter to you dated August 15. 1989, summarizing our
discussions and confirming the conditions under which the City of Riverside
will withdraw its objections to the proposed vacation of the Waterman Avenue
frontage road. A copy of that 1 etter is enc 1 osed for your reference. In
view of the fact that the protest hearing on the vacation of the frontage
road comes before the Common Council of the City of San 8ernardino at
10: 00 a. m. on Wednesday, September 6, 1989, I fee 1 It appropr i ate that I
summarize the current status of the response to my August IS, 1989 letter
and I will refer in the following paragraphs to the same numbers as
contained in my original letter.
1. The City of San Bernardino has prepared a draft resolution of vacation
and has submitted it to this office under cover letter dated August 28,
1989. The Draft Resolution satisfies all conditions contained in
No.1.
2. As stated above, the City of San 8ernardino has furnished a copy of the
Draft Resolution and it is acceptable to the City of Riverside.
3. We have received no draft easement nor description to meet this
condition.
4. The City of San Bernard i no has prepared an Easement Deed whi ch, when
properly executed and recorded, will satisfy Condition No.4 providing
the Grantor is properly designated in the deed. We have no information
regarding the current vesting.
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5. I assume that the City of San Bernardi no wi 11 accept the Easement Deed
referred to in 4 above prior to recordation.
6. The City of San Bernardi no has furn i shed a copy of a memorandum dated
August 17, 1989 that satisfies this condition.
7. I unders tand that your attorney John Mi rau is working on the amendment
referred to in No.7; however, we have received nothing from him.
8. Although your engi neer has submitted a drawi ng showi ng the replacement
we 11 site whi ch was unacceptable and we have advi sed both you and your
engineer that it was unacceptable and what will be required, no further
drawings have been submitted and no Draft Amendment to the Agreement has
been prepared. Notwlthstandi ng this, phys I ca 1 I nspectlon of the
property reveals that you are continuing with grading and are preparing
to pour foundations for the building which will encroach into the
existing future well site. We have refused to approve your grading plan
as it relates to this area until the agreement has been amended,
relocating the well site, and you should be advised that no further
construction should take place within the existing 125' x 125' future
well site located at the southeast corner of Caroline Street and Sunset
Drive.
From the above. It seems quite obvious that the conditions outlined in my
August IS, 1989 letter cannot be met by September 6. 1989, and it Is
therefore apparent that it wi 11 be necessary for the City of Riverside to I
request a further continuance of the protest hearing on the vacation on said
date.
I feel that our past actions have clearly Indicated our willingness to
cooperate with you In your desires to have the frontage road vacated and
also the relocation of the future well site. When you have provided the
Information which has been requested, It will be reviewed and presented to
our Board of Public Utilities and the City Council of the City of Riverside
thereby enabling us to remove the objection to the vacation.
Very truly yours.
-~~
M. William Holsinger
Real Property Services Manager
MWH/2652Yb
Enclosure
cc: W. R. "Bob" Holcomb, Mayor, City of San Bernardino _____
Shauna Clark, City Clerk, City of San Bernardino~
James F. Penman, City Attorney, City of San Bernardino
Roger Hardgrave, Director of Public Works, City of San Bernardino,
Attn: Ann DeBolt
John Mirau, Attorney at Law, Reid and Hellyer, San Bernardino
Robert Sams, Assistant City Attorney, City of Riverside
David Garcia, Public Utilities Department
CG Engineering, Attn: David Ringland
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August 15. 1989
PatrIck T. HopkIns. PresIdent
The Sunset Group
225 Mest HospitalIty lane. SuIte 100
San BernardIno. CA 92408
Subject: Club Project - San Bernardino - Proposed Materman Avenue Frontage
Road VacatIon
Dear Mr. Hopkins:
ThIs letter Is to summarIze our numerous dIscussIons regardIng the proposed
vacatIon of the portion of the Materman Avenue frontage road southerly of
carolIne and by copIes of thIs letter to approprIate partIes Insures that we
are all coordInated In our efforts.
The City of RIversIde will wIthdraw Its objectIons to the vacatIon of the
frontage road when the following conditions are Implemented:
1. The CIty of San BernardIno to reserve easements for the CIty of
RIversIde across the frontage road beIng vacated as follows:
a. An easement and rIght at any tIme or from tIme to time to
construct. maIntaIn. operate. replace and renew one or more
pIpelInes and appurtenances thereto, for the transportatIon of
water;
b. An easement for the constructIon and maIntenance of water wells,
and for IncIdental purposes, IncludIng the rIght of Ingress and
egress thereto; and
c. An easement for Ingress and egress from CarolIne Street to Parcels
4 and 5 of Parcel Map 11148 as per plat thereof recorded In
Book 135 of Parcel Maps, Pages 30 and 31. records of the County of
San BernardIno, State of CalIfornIa.
2. The CIty of San BernardIno to furnIsh a copy of the draft Resolution of
VacatIon for review by the CIty of RIversIde prIor to Its adoption.
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3. S I mchowltz - H No.1, or the current fee owner, to grant to the City of
RIversIde an easement for Ingress and egress from a drIveway leadIng
from CarolIne Street Into the park.lng lot, thence easterly parallel to
CarolIne Street to connect to the easement for Ingress and egress beIng
reserved In the frontage road beIng vacated.
4. Slmchowltz - H No.1. or the fee owner, to dedIcate to the City of San
Bernardino a publIc street rIght-of-way of sufficient width to
accommodate a 36-foot curb to curb street Improvement In the first aisle
west of the existing 20-foot alley.
5. The City of San BernardIno to accept such new street dedication subject
to the future constructIon of street Improvements therein.
6. The Cl ty of San Bernardi no to furnlsh wrl tten assurances to the CI ty of
RIverside that saId 36-foot-wlde street lmprovelll!nts wIll be sufficient
for future Independent commercial development of the City of Riverside's
6 acre ownershIp.
7. Slmchowltz - II No. 1 to prepare an amendment to the existIng ground
lease with the City of Riverside provIdIng as follows:
a. During revaluation appraisals, the appralser(s) wIll be Instructed
to Ignore the change of access and assume the public frontage road
access exlstlng at the time of commencelll!nt of the lease relllalns
during the term of the lease; and
b. The lessee will construct 36-foot-wlde street Improvements withIn
the new street referred to In 4 and 5 above at no cost to the CIty
of RIversIde at such time as the ground lease 15 termInated for any
reason whatsoever.
Such lease Amendment to be cleared wIth the exIsting lender(s) and
lessee(s).
8. Slmchowltz - H No. 1 to prepare an amendment to the Grant of Easements
and Declaration of Covenant Agreement providing for a relocatIon of the
future well site from Its present locatIon to the proposed future well
site as shown on the attached drawl ng. Such re locatIon of the future
well to Include any necessary modificatIons of water and draIn lIne
easements.
Such amendments to be approved by the City of RIvers I de, Board of Pub 11 c
UtIlI ties and the City Councll , as well as Sll1Chowltz-H No. 1 and Its
lenders prior to adoptIon of the Vacation Resolution by the City of San
Bernardino (currently scheduled for September 6, 1989).
He would fInd It very helpful If you would also provide copIes of all the
previously executed documents whIch have been recorded In the office of the
County Recorder In San Bernardino. These wIll not only complete our flle,
but will also assIst us In reviewing your draft amendments. In addition, we
also request that you provide verIfIcatIon of the fee ownership for each of
the modIfIcatIons referred to hereIn.
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If you have any QuestIons or If the above does not reflect jour
understandIng. please advIse. OtherwIse. we shall proceed on thIs basIs.
Very truly yours.
M. Hllllam HolsInger
Real Property ServIces Manager
MHH/2432Y/c
cc: H. R. "Bob" Holcomb. Mayor, CIty of San BernardIno
Roger Hardgrave, DIrector PublIc Works, CIty of San BernardIno
John Mlrau. Attorney at law
Robert Sa.s, AssIstant CIty Attorney, CIty of RIversIde
James F. Penman, CIty Attorney, CIty of San BernardIno
.
08-14-89
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SO.UTH OF CAROLINE
STREET, IN THE CITY OF SAN BERNARDINO, AND RESERVING EASEMENTS THEREIN,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS: .
SECTION 1: The Mayor and Common Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of that certain frontage road, West of Waterman Avenue, South of
Caroline Street, more particularly described in City Resolution of Intention
10 No. 89-172, hereby find from all of the evidence submitted that such
11 street proposed to be vacated by said Resolution is unnecessary for present
12 or prospective street purposes.
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SECTIDN 2. The Mayor and Common Council of said City do hereby
vacate that certain frontage road, West of Waterman Avenue, South of
Caroline Street, San Bernardino, California, more particularly described
CIs follows:
That portion of Waterman Avenue, lying within Lot 4,
Block 65 of Rancho San Bernardino, as per plat thereof,
recorded in Book 7 of Maps, Page 2, Records of San
Bernardino County, State of California, described as
follows:
Commencing at the intersection of the centerlines of
Waterman Avenue and Caroline Street; thence South 89' 47'
49" West, along the centerline of said Caroline Street, a
distance of 195.D9 feet; thence South 00' 12' 11" East, a
distance of 30.00 feet to the South line of said Caroline
Street, said point also being the True Point of
Beginning; thence South 00' aI' 25" East, a distance of
40.DO feet; thence South 36. 14' 39" East, a distance of
160.77 feet to a point 100.00 feet Westerly of the
centerline of Waterman Avenue; thence South 000 01' 25"
East and parallel with said centerline of Waterman
Avenue, a distance of 290.48 feet; thence South 03' 29'
11" West, a distance of 256.64 feet; thence South 89' 47'
540 West, a distance of 49.66 feet; thence South 000 01'
25" East, a distance of 110.00 feet; thence North 89' 47'
54" East, a distance of 85.00 feet; thence North 040 39'
41" East, a distance of 367.30 feet to a point 50.00 feet
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08-14-89
STREET VACATION: FRONTAGE ROAO,
I:)
WEST OF WATERMAN, SOUTH OF CAROLINE
("\
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Westerly of Waterman Avenue; thence North 000 01' 25"
West and parallel with said centerline of Waterman
Avenue, a di stance of 375.79 feet; thence North 050 20'
55" West, a di stance of 60.19 feet; thence North 470 46'
33" West, a distance of 36.91 feet; thence South B90 47'
49" West, parallel with the centerlfne of said Caroline
Street, a distance of 1l2.09 feet to the True Point of
Beginning.
And is also described in said Resolution of Intention No. 89-172.
SECTION 3. This Resolution shall reserve, and nothing herein
shall in any way affect or disturb any existing easements for public
utility purposes belonging either to the City of San Bernardino or to
any public utility, and there is hereby reserved for the City of Riverside,
an easement and right at any time, or from time to time to construct,
maintain, operate, replace and renew one or more pipelines and appurtenances
thereto, for the transportation of water, and for the construction and
maintenance of water wells, and for incidental purposes, including the right
of ingress and egress thereto, and an easement for ingress and egress from
Carolfne Street to Parcels 4 and 5 of Parcel Map No. 11l48, as per plat
thereof, recorded in Book 135 of Parcel Maps, Pages 30 and 31, Records of
the County of San Bernardino, State of California, and an easement for
Pacific Bell and Southern Calf fornfa Edi son to construct, place, operate,
inspect, maintain, repair, replace and remove such aerial and underground
telephone, telegraph and communication structures and electrical
transmission structures, respectively, as the companies may from time to
time require, consisting of poles, anchors, wires, cables, conduits,
manholes, markers and necessary fixtures and appurtenances. There is also
specifically reserved for the City of San Bernardino, an easement in, over,
under and across the North twenty-five feet (25') of the proposed area of
vacation, as measured at right angles to the North line thereof, for street
light and storm drain purposes and all appurtenant facilities.
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08-14-89
STREET VACATION: FRONTAGE ROAD,
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WEST OF WATERMAN, SOUTH OF CAROLINE
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SECTION 4. The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of
the County Recorder of the County of San Bernardino.
/ / / / /
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08-14-89
STREET VACATION: FRONTAGE ROAD,
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WEST OF WATERMAN, SOUTH OF CAROLINE
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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
, 19 , by the following vote, to-wit:
day
of
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19
.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City At) orney
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24 By: ~~./.-1.,"-7 /~'l_"'...,
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