HomeMy WebLinkAbout43-Public Works
CITY OF SAN BERN.
File No. 15.30-279 ~
'tDINO - REQUEST F R COUNcil"'-(ACTION
From: ROGER G. HARDGRAVE, Di rectJE C'D. - t'.D MiN. aitiject:
Dept: Public Works /Engineering 1939 JUN 2G AM to: 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
06/05/89
Authorization to proceed was given, and Plan No. 7726 was approved.
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 1 i c heari ng date of 07/17/89 for the proposed vaca ti on of the
frontage road West of Waterman Avenue, South of Caroline Street,
per attached Plan No. 7726.
Recommended motion:
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 DeBo 1t
Phone:
5328
Contact person:
Staff Report, Resolution, Map
Supporting data attached:
Ward:
3
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.)
{City initiated}
(Acct. DescriPtion)
Finance:
Council Notes:
06/20/89
Agenda Item NO.~ 3
75-0262
CITY OF SAN BERNARDINO - REQUEST PvR 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.
Util i ty compani es and Ci ty departments were notifi ed of the proposed vaca ti on 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 Public
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 wi th 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 Ri versi de regardi ng the access to thei r 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 public utility purposes. The City of Riverside 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.
06/20/89
75-0264
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CITY OF SAN BERNARDINO
PUa.IC HQRKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTV SECTION
Sh..t
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STREET / ALLEV VACM"ION I
VAt,A:r'ON oF FR.o,.JT1ftf;/; R.DIl-D --
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CITY OF
San l)ernardino
PU.LIC WORKS DEPARTMENT
ROGER G. HARDGRAVE
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 Department
3900 Main 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 wellsu.
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 questi ons. of if we can be of any further hel p 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
-4
300 NORTH 0 STREET SAN BERNARDINO
CALIFORNIA 92418.0001 714/314-5111
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RESOLunON NO.
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A RESOLUTION OF THe CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH 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
7 Bernardi no,
having heard the evidence offered in relation to the proposed
8 vacation of that certain frontage road, West of Waterman Avenue, South of
9 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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08-14-89
SECTION 2. The Mayor and Common Council of said City do hereby
14 vacate that certain frontage road, West of Waterman Avent/e, South of
15 Carol i ne Street, San Bernardi no, Ca 1 iforni a, more parti cularly described
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as 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 890 47'
49" West, along the centerline of said Caroline Street, a
di stance of 195.09 feet; thence South 000 12' 11" List, a
distance of 30.00 feet to the South line of said Caroline
Street, said point also being the True Point of
Begi nni n9; thence South 000 011 25" East, a di stance of
40.00 feet; thence South 360 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 Haterman
Avenue, a distance of 290.48 feet; thence South G30 29'
11" West, a distance of 256.64 feet; thence South 890 47'
540 West, a distance of 49.66 feet; thence South 000 011
25" East, a distance of 110.00 .feet; thence North 890 47'
54" East, a distance of 85.00 fel~t, thence North 040 391
41" East, a di stance of 367.30 f,=t.t to a point 50.00 feet
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08-14-89
STREET VACATION: FRONTAGE ROAD. WEST OF WATERMAN. SOUTH OF CAROLINE
Westerly of Waterman Avenue; thence North 000 01' 2511
West and parallel with said centerline of Waterman
Avenue. a distance of 375.79 feet; thence North 050 20'
5511 West. a distance of 60.19 feet; thence North 4r 46'
3311 West. a distance of 36.91 feet; thence South 890 47'
49" West. parallel with the centerline of said Caroline
Street. a di stance of 112.09 feet to the True Poi nt 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 t6 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
Caroline Street to Parcels 4 and 5 of Parcel Map No. 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, and an easement for
Pacific Bell and Southern California Edison to construct. place, operate,
inspect, mal nta in, repair, repl ace and remove such aeri a 1 and underground
telephone, telegraph and communication structures and electrical
transmi ssi on 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; s al so
specifically reserved for the City of San Bernardino, an easement in, over,
under and across the North twenty-five feet (2S') 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
II
STREET VACATION: FRONTAGE ROAD, WEST OF WATERMAN, SOUTH OF CAROLINE
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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STREET VACATION: FRONTAGE ROAD. WEST OF WATERMAN. SOUTH OF CAROLINE
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08-14-89
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:
Ci ty Cl erk
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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7, /Iev~
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CITY OF n: ~ _.11_ A ~ J" ADMINISTRAT!VE SERVICES DEPARTMENT
~~~ 3900 Main Street. Riverside, California' 92522
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RECEI\lcr:-r~'" Y C!.ERI"
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'89 SEP -1 P 3 :51
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LAWRENCE E. PAULSEN
Administrative Services Director
AdminIstration
Property Services
7141782.5555
7141782-546 ,
September 1, 1989
Patrick T. Hopkins, President
The Sunset Group
225 West Hospitality Lane, Suite 100
San Bernardino, CA 92408
Subject: C1 ub Project - San Bernardi no - Proposed Waterman Avenue Frontage
Road Vacation
Dear Mr, Hopkins:
Reference is made to my letter to you dated August 15, 1989, summarlzlng our
discussions and confirming the conditions under which the City of Riverside
wi 11 wi thdraw its objections to the proposed vacation of the Waterman Avenue
frontage road. A copy of that letter is enclosed 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 Bernardino at
10:00 a.m. on Wednesday, September 6, 1989, I feel it appropriate that I
summarize the current status of the response to my August 15, 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 Bernardino 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 CHy of San Bernard i no has prepared an Easement Deed wh i 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.
5. I assume that the City of San Bernardino will accept the Easement Deed
referred to in 4 above prior to recordation.
6. The City of San Bernardino has furnished a copy of a memorandum dated
August 17, 1989 that satisfies this condition.
7. I understand that your attorney John Mirau is working on the amendment
referred to in No.7; however, we have received nothing from him.
8. Although your engineer has submitted a drawing showing the replacement
well site which was unacceptable and we have advised 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. Notwithstanding this, physical inspection 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. He 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 15, 1989 letter cannot be met by September 6, 1989, and it is
therefore apparent that it wi 11 be neces sary for the Ci ty of Ri vers i de to
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. Hhen 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. Hilliam Holsinger
Real Property Services Manager
MHH/2652Yb
Enclosure
cc: ~. R. "Bob" Holcomb, Mayor, City of San Bernardino ~
Shauna Cl ark, Ci ty Cl erk, City of San Bernardi no v-/
James F. Penman, City Attorney, City of San Bernardino
Roger Hardgrave, Director of Public Horks, 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
August 15, 1989
Patrick T. Hopkins, President
The Sunset Group
225 Hest Hospitality Lane, Suite 100
San Bernardino, CA 92408
Subject: Club Project - San Bernardino - Proposed Waterman Avenue Frontage
Road Vacation
Dear Mr. Hopkins:
This letter is to summarize our numerous discussions regarding the proposed
vacation of the portion of the Haterman 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' w\11 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 Bernard1no to furnish a copy of the draft Resolution of
Vacation for review by the City of Rivers1de prior to its adoption.
3. - S I mchowl tz - H No.1, or the current fee owner, to grant to the CI ty of
R I v e r sId e an e a s e me n t for I n g res san d e g res s fr om a d r I v e way 1 e a dIn g
from CarolIne Street Into the parldng 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.' Slmchowitz - 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 CI ty of San Bernardi no to furni sh wri tten assurances to the Ci ty of
RIverside that saId 36-foot-wide street improvements will be sufficient
for future Independent commercial development of the City of Riverside's
6 acre ownershIp.
Such Lease Amendment to be cleared with the existing lender(s) and
lessee(s).
8. S i mchowitz - H No. 1 to pre.pare 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 drawing. Such relocation of the future
well to Include any necessary modifications of water and drain lIne
easements.
Such amendments to be approved by the CI ty of Rivers i de, Board of Pub li c
Utilities and the City Council, as well as Simchowitz-H No.1 and its
lenders prior to adoption of the Vacation Resolution by the Cay of San
Bernardino (currently scheduled for September 6, 1989).
We 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 file,
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.
If you have any QuestIons
understandIng. please advIse.
Very truly yours.
M. WIllIam HolsInger
Real PropertyServlces Manager
MWH/2432Y/c
or If the abc..e does not reflect
OtherwIse. we shall proceed on thIs basIs.
)Ur
cc: W. R. "Bob" Holcomb. Mayor, CHy of San Bernard\no
Roger Hardgrave, 01rector Pub11, Works, C1ty of San Bernard1no
John Mirau, Attorney at law
R6bertSams. Ass1stant C1ty Attorney, CIty of RIvers1de
James F. Penman, C1ty Attorney, C\ty of San Bernard\no