HomeMy WebLinkAbout24-Public Works
-
-,.-
--
-
,;rilF'
,""
- REQU~;;'NF~O~~UNC~ION
'-""
CITY OF SAN BERNARDINO
From: ROGER G. HARDGRAVE, DirectclEC'D.-~.OMtH. Ifliject:
Dept: Public Works /Engineering 19S9 JUN 26 AM ff): 20
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation : frontage road, West of
Waterman Avenue, South of Caroline
Street
Date: Ju~e 20, 1989
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
public hearing date of 07/17/89 for the proposed vacation 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
Contact person:
Staff Report, Resolution, Map
Supporting data attached:
Anne DeBolt
Phone:
5328
3
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No,)
(City initiated)
(Acct. DescriPtion)
Finance:
Council Notes:
06/20/89
75-0262
Agenda Item No._ ~~? . .
.~ '"
~ 'J
CITY OF SAN BERNARDINO - REQUEST FOR 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 defi ni te sa fety hazard. On 03-20-89, authori za ti on to proceed wi th
the proposed vacation was given, and Plan No. 7726 was approved.
U til i ty compani es and City departments were noti fi 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 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 Ri versi de regardi ng the access to thei r property
(see enclosed Plan No. 7726). The Sunset Group, which is in the process cf
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
@) ~
.. 9. 39AC.
'"
~
~
A"EA 1""l) -e& VAeAT8'1)
@
Por. 4 1'f =- ~O'"
1.5 /!C.
~
05
@ MAP 408-36-30A
PAR. I
6.~6AC.
~..
'POI
'-~
'C.:'
Par. I ~ Por. 3 ..
II
@ ; €)
. ,~ "
.J
'(
\) 1<1>1
~
Par. 6 " I
@ ~. I
I'
II
~ Par. II
11\ 7
~ @ I
., I
I
. ~ @ ~
. 6 ~ 1.14AC. ~
~.
Ie)
,
~
"
V
3AC.
Ptlr.2 ,
~ ~ .,
~ eI ~
, ,
'/I"" .
/-.&1
"'II! ~4"
~
~""
. ~AroSO
~JttJUNIE ~
-!-
7132 '" ~
/Z1s.25) 7028 ..,;,..
----..
-~~
~ .
~
CITY OF SAN BERNARDINO
PUa.JC NORKS DEPARTMENT
&NGJNEERING DIVISION
REM.. PROPERTY SECTION
STREET / ALLEY VACmION I
VAt..fItTIOH DF FR.tWTJIH-. RDA-D --
WaT' DF WATERMAN AV.NU~ J
.sOU.,." OF t!~A.0LI NIi SnuiC.,.
Sh..t
10f1
FILE HO.,/5'.3O- '1
PLAN HO.. 772.
,.....
'-"
r;; I m~ i
/ iurl
fti rvL
~ ~rrl
l& I ~~
k5/ ;
/<
I
I
I
a
11
....-.'
:c::
(':::1 l\\
~~;:
~~~
~~~
"'~~
U\. I
---- ~R jJ-t-
-~ ~
or
Z
m
,
I
n -1 I
I,
I
ell
!;;
r-
Qm
~~
-<
r-;2
gG'l
~
o
z
~
,~if'''~_
'-'
'...,
C I T Y
o F
San l)ernardino
'U.Lle WORK' Dl'ARTlllltT
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 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 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 714/314.5111
~;;;;l
"'-
08-14-89
"...,""
\.-
," ....
.J
1
2
3
4
5
6
7
RESOLUTION NO.
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
Bernardino. having heard the evidence offered in relation to the proposed
8 vaca ti on 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.
13
SECTION 2. The Mayor and Common Council of said City do hereby
14 vacate that certain frontage road. West of Waterman Avenue. South of
15 Caroline Street. San Bernardino. California. more particularly described
16
17
18
19
20
21
22
23
24
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
foll ows:
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
distance of 195.09 feet; thence South 000 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 000 01' 25" East. a distance 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 Waterman
Avenue. a di stance of 290.48 feet; thence South 030 29'
11" West. a distance of 256.64 feet; thence South 890 47'
540 West. a distance of 49.66 feet; thence South 000 01'
25" East. a distance of 110.00 feet; thence North 890 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
25
26
27
28
1
2
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
08-14-89
/"",
STREET VACATIO~FRONTAGE ROAD, WEST OF WATERMA~OUTH OF CAROLINE
Westerly of Waterman Avenue; thence North 000 01' 25"
West and parallel with said centerline of Waterman
Avenue, a distance of 375.79 feet; thence North 050 20'
55" West, a di stance of 60.19 feet; thence North 470 461
33" West, a distance of 36.91 feet; thence South 890 471
49" West, parallel with the centerline of said Caroline
Street, a distance of 112.09 feet to the True Point of
Beginning.
And is also described in said Resolution of Intention No. 89-172.
SECTION 3. Thi s Reso1 uti on shall reserve, and nothi ng herei n
shall in any way affect or disturb any existing easements for pUblic
utility purposes belonging either to the City of San Bernardino or t)
any pub 1 i c uti li ty, and there is hereby reserved for the City of Ri versi de.
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
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, 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.
2
1
2
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
08-14-89
STREET VACATION:<:JoNTAGE ROAD, WEST OF WATERMAN, ~H 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.
/ / / / /
/ / / / /
3
1
STREET VACATION: ~ONTAGE ROAD, WEST OF WATERMAN, S~H OF CAROLINE
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day
of
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
08-14-89
, 19
, by the following vote, to-wit:
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
Ci ty AtAorney
l I /1
By: ~~ ?,/~
(J
4
-
. .
,"""
. 7G~. '-'" ""'...
CITY OF ADMINISTRATIVE SERVICES DEPARTMENT
. 3900 Main Street . Riverside, California . 92522
........,".
RECEI\lF.T~'-r."'Y rl_ERl'
" !-
/ l~~: '. '~~
~ ........ ~.
~;},~\.;i.-:~::.tJ~..:A.
"89 SEP -1 P 3 :51
LAWRENCE E. PAULSEN
Administrative Services Director
Administration
Property Services
71 ~/782-5555
714/782-5461
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, 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 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 City of San Bernardino has prepared an Easement Deed which, 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.
~ '"
A
c
'PO',
.....,
5. I assume that the City of San Bernardi no 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 unders tanQ 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 submi tted a drawi ng showi ng 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. 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 tak.e place within the existing 125' x 1251 future
well site located at the southeast corner of Caroline Street and Sunset
Drive.
From the above. it seems qui te obvious that the condi tions outli ned in my
August 15, 1989 letter cannot be met by September 6. 1989. and it is
therefore apparent that it will be necessary for the City 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
a 1 so the re 1 oca t i on of the future we 11 site. When you have prov i ded the
information which has been requested. it will be reviewed and presented to
our Board of Publtc Utilities and the City Council of the City of Riverside
thereby enab1~ng us to remove the objection to the vacation.
Very truly yours,
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
:
c
""",'
August 15. 1989
Patrick T. Hopkins. President
The Sunset Group
225 West Hospitality Lane. Suite 100
San Bernardino. CA 92408
Subject: Cl ub Project - San Bernardi no - Proposed Waterman Avenue Frontage
Road Vacation
Dear Hr. Hopkins:
This letter is to summarize our numerous discussions regarding the proposed
vacation of the portion of the Waterman Avenue frontage road southerly of
Carol'ne and by copies of this letter to appropriate parties insures that we
are all coordinated in our efforts.
The CUy of R1vers'de w'l1 withdraw Us objections to the vacat'on of the
frontage road when the follow'ng conditions are implemented: .
1. The c,ty of San Bernardino to reserve easements for the City of
Riverside across the frontage road being vacated as follows:
a. An easement and r'ght at any time or from time to t'me to
construct. mainta'n. operate. replace and renew one or more
pipelines and appurtenances thereto. for the transportation of
water;
b. An easement for the construction and malntenance of water wells.
and for inc1dental purposes. 1nclud'ng the rlght of lngress and
egress thereto; and
c. An easement for 'ngress 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 Resolut'on of
Vacation for review by the City of Riverside prior to its adopt'on.
_ 4.
'-"
'-"
,A'+-4itt
""....'
3. S t mchowHz - H No.1. or the current fee owner. to grant to the ctty of
Rtverstde an easement for tngress and egress from a drtveway 1eadtng
from Caro1tne Street tnto the parldng lot, thence easterly parallel to
Caroltne Street to connect to the easement for tngress and egress betng
reserved tn the frontage road be1ng vacated.
4. S1mchowHz - H No.1, or the fee owner, to dedtcate to the City of San
Bernard1no a publtc street r'ght-of-way of sufftc1enf w1dth to
accommodate a 36-foot curb to curb street 1mprovement 1n the ftrst a1sle
west of the ex1st1ng 20-foot alley.
5. The C1ty of San Bernard1no to accept such new street ded1cat1on subject
to the future construct10n of street 1mprovements there1n.
6. The C1ty of San Bernard1no to furn1sh wr1tten assurances to the C1ty of
Rivers1de that sa1d 36-foot-w1de street 1mprovements w111 be suff1c1ent
for future 1ndependent commerc1al development of the Ctty of Rivers1de's
6 acre ownersh1p.
7. S1mchowttz - H No. 1 to prepare an amendment to the extst1ng ground
lease w1th the C1ty of R1vers1de prov1d1ng as follows:
a. Dur1ng revaluat,on appra1sals, the appra1ser(s) w1ll be 1nstructed
to 19nore the change of access and assume the pub11c frontage road
access extst1ng at the t1me of cOll1nence.nt of the lease rema1ns
dur1ng the term of the lease: and
b. The 1 essee w111 construct 36-foot-w1 de street 1mprovements with' n
the new street referred to 1n 4 and 5 above at no cost to the C1ty
of Rivers1de at such t1me as the ground lease 15 term1nated for any
reason whatsoever. .
Such Lease Amendment to be cleared w1th the ex1st1ng lender(s) and
1essee( s).
8. S 1 mchowttz - H No. 1 to prepare an amendment to the Grant of Easements
and Declarat10n of Covenant Agreement prov1d1ng for a relocat1on of the
future well stte from its present locatton to the proposed future well
sHe as shown on the attached draw1ng. Such relocat10n of the future
well to 1nclude any necessary mod1f1cat10ns of water and dra1n ltne
easements.
Such amendments to be approved by the ctty of Rtverstde, Board of Pub11c
Utl11t1es and the Cay Councl1 , as well as S1mchowttz-H No. 1 and Us
1 enders . prior to adopt10n of the Vacation Resol ution by the City of San
Bernard1no (currently scheduled for September 6, 1989).
We would ftnd tt very helpful 1f you would also prov1de coptes of all the
prev'ously executed documents wh1ch have been recorded in the office of the
County Recorder in San Bernard1no. These w1ll not only complete our fl1e.
but w111 a 150 ass 1st us t n rev1 ew1 ng your draft amendments. In addit10n, we
also request that you prov1de verif1cat10n of the fee ownersh1p for each of
the mod1f1cations referred to herein.
" >>".
\"..,..t
"",,,I
If you have any QuestIons
understandIng, please advIse.
Very truly yours,
or I f the above does not ref I ec t : our
OtherwIse. we shall proceed on thIs basIs.
M. WIllIam HolsInger
Real Property ServIces Manager
HHH/2432Y/c
cc: N. R. "Bob" Holcomb, Mayor. CHy of San Bernard'no
Roger Hardgrave, D'rector Publ'c Works. City of San Bernard'no
John Mirau, Attorney at law
Robert Sams. Ass'stant City Attorney. City of Riverside
James f. Penman, C,ty Attorney, City of San Bernard'no