HomeMy WebLinkAbout14- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross,Director Subject: Resolution approving a Memorandum of
Understanding between the Metropolitan Water
Dept: Development Services District of Southern California(Metropolitan)and the
City of San Bernardino relating to the Inland Feeder
Date: January 20 2010 Project and authorizing the City Clerk to accept a
Permanent Easement Deed from Metropolitan for
File: SS06-55 Kendall Drive right-of-way.
MCC Date: February 16, 2010
Synopsis of Previous Council Action:
I
None.
jRecommended Motion:
Adopt Resolution.
Yai t)/l fi
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report, Reso, MOU, Ward(s): 2, 4, 5, 6 & 7
Easement Deed
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
i
Acct. Description:
Finance:
Council Notes:
i
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Agenda Item No. Iq
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving a Memorandum of Understanding between the Metropolitan Water District
of Southern California (Metropolitan) and the City of San Bernardino relating to the Inland
Feeder Project and authorizing the City Clerk to accept a Permanent Easement Deed from
Metropolitan for Kendall Drive right-of-way.
Background:
The Metropolitan Water District of Southern California (Metropolitan) constructed the Inland
Feeder Project consisting of approximately 43 miles of tunnels and pipelines across the foothills
north of the City of San Bernardino connecting the State Water Project at Devil Canyon to
Metropolitan's storage and delivery facilities throughout southern California.
Construction of the Project required that Metropolitan utilize City streets for construction related
purposes, including the hauling of large, heavy pipe segments to tunnels located in the San
Bernardino mountains north of the City. Use of the City streets by Project related construction
traffic has contributed to wear and tear and deterioration of the surface of the streets used. The
City issued various permits to Metropolitan and Contractor's Cargo Company authorizing the
use of City streets for oversize and overweight loads. The Permits required that the City be
reimbursed for the cost of repairing any damage to the streets resulting from Project related
construction traffic. The approved hauling route was along Base Line Street, Waterman Avenue,
30th Street, Harrison Avenue and 400' Street.
Concurrently City staff was working with Metropolitan to obtain right-of-way on Kendall Drive
near Pine Avenue for future street widening. Metropolitan proposed the attached Memorandum
of Understanding (MOU) in which it agrees to compensate the City for the cost of repairing any
damage to City streets resulting from Metropolitan's Project. As part of the compensation,
Metropolitan offered to dedicate a street easement for the future widening of Kendall Drive. The
value of the easement has been estimated at $3,600 based on a nominal valuation of the property
by Metropolitan which includes the administrative cost of processing and recording the easement
documents. In addition Metropolitan will issue a check payable to City of San Bernardino in the
amount of$71,400 for a total compensation amount of$75,000.
Staff believes the amount of compensation being offered is adequate to cover the damages from
the use of City streets by Metropolitan as haul routes. The City is planning to rehabilitate 401'
Street from Waterman Avenue to Valencia Avenue (CIP No. SS06-55). The limits of the project
will be extended to Harrison Avenue to cover the part of 40th Street that was along
Metropolitan's haul route. The rehabilitation project has been delayed pending completion of
Metropolitan's work. Staff is recommending that the cash amount of $71,200 be used to
supplement the budget for Project No. SS06-55 and to extend the limits to Harrison Avenue.
2 01/25/2010 11:57 AM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Staff recommends approval of the MOU, a copy of which is attached to the Resolution and is
marked Attachment"A".
A copy of a Permanent Easement Deed from Metropolitan for dedication of street right-of-way
for Kendall Drive is attached to the Resolution and is marked Attachment `B". Since the
easement is a conditional dedication, the City Clerk needs the approval of the Mayor and
Common Council for acceptance.
Staff recommends that the City Clerk be authorized to accept the copy of the Permanent
Easement Deed from Metropolitan. After acceptance by the City, Metropolitan will cause the
original fully executed easement to be recorded in the records of the County of San Bernardino
and a conformed copy of the recorded document will be sent to the City. Metropolitan has
insisted on retaining the original recorded easement in their files.
Financial Impact:
There is no cost to the City for this MOU. The cash amount of $71,200 will be used to
supplement the budget for CIP Project No. SS06-55 "ite Street Pavement Rehabilitation from
Waterman Avenue to Valencia Avenue"in Account No. 258-359-5504-7629.
Recommendation:
Adopt Resolution.
3 01/25/2010 11:57 AM
I RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA (METROPOLITAN) AND THE CITY OF
4 SAN BERNARDINO RELATING TO THE INLAND FEEDER PROJECT AND
AUTHORIZING THE CITY CLERK TO ACCEPT A PERMANENT EASEMENT DEED
5 FROM METROPOLITAN FOR KENDALL DRIVE RIGHT-OF -WAY.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute the attached
9 Memorandum of Understanding between the Metropolitan Water District of Southern California
10 (Metropolitan) and the City of San Bernardino relating to the Inland Feeder Project, attached and
11 incorporated herein as Attachment "A", on behalf of the City.
12
SECTION 2. The City Clerk is hereby authorized and directed to accept the copy of a
13
14 Permanent Easement Deed from Metropolitan for Kendall Drive right-of-way, a copy of said
15 Permanent Easement Deed being attached hereto and incorporated herein as Attachment `B" on
16 behalf of the City.
17 SECTION 3. The authorization to execute the above referenced Agreement is rescinded
18 if it is not executed within ninety (90) days of the passage of this resolution.
19
20
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24
25
26
27
28
1 ��`�
I RESOLUTION . . . APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN
2 CALIFORNIA (METROPOLITAN) AND THE CITY OF SAN BERNARDINO
3 RELATING TO THE INLAND FEEDER PROJECT AND AUTHORIZING THE CITY
CLERK TO ACCEPT A PERMANENT EASEMENT DEED FROM METROPOLITAN
4 FOR KENDALL DRIVE RIGHT-OF-WAY.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of 2010, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
ii BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16
17 MC CAMMACK
18
19 Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this day of 2010-
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
26
27 B
28
- 2 -
ATTACHMENT"A"
MEMORANDUM OF UNDERSTANDING BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND
THE CITY OF SAN BERNARDINO
RELATING TO THE INLAND FEEDER PROJECT
This Memorandum of Understanding(MOU) is entered into this_day of
2010,between The Metropolitan Water District of Southern California(Metropolitan)and the
City of San Bernardino(City) as follows:
RECITALS
A. Metropolitan is a public agency existing pursuant to The Metropolitan Water District Act
(West's Water Code,App., section 109 et seg.) for the purpose of developing, storing and
distributing water for domestic and municipal purposes. In the furtherance of its public
purposes,Metropolitan constructed the Inland Feeder Project(Project)consisting of
t^ approximately 43 miles of tunnels and pipelines connecting the State Water Project at Devil
Canyon to Metropolitan's storage and delivery facilities throughout southern California.
B. City is a charter city of the State of California.
C. Construction of the Project necessarily required that Metropolitan utilize streets owned
and maintained by City for construction-related purposes, including the hauling of pipe segments
to tunnels located in the San Bernardino Mountains north of the City.
D. Use of the City streets by Project-related construction traffic has contributed to wear and
tear and deterioration of the streets used.
E. Metropolitan and City desire to enter into this MOU for the purpose of establishing the
terms and conditions for reimbursing the City for damage caused by use of the City's streets for
Project related purposes.
I
January 5, 2010
ATTACHMENT"A"
NOW, THEREFORE, Metropolitan and City mutually agree as follows:
1. Metropolitan shall reimburse City for Project-related damage to the City's streets by
conveying a street easement as described in Paragraph 2, below, and making a monetary
payment, as described in Paragraph 3, below, with a combined total value of Seventy-Five
Thousand Dollars($75,000.00).
2. As part of the reimbursement to be made by Metropolitan to City, Metropolitan shall
convey to City a street easement in the form attached hereto as Exhibit A, for the future widening
of Kendall Drive by the City. Metropolitan and City agree that the street easement has a value of
Three Thousand Six Hundred Dollars ($3,600.00). Within ten (10) days after execution of this
MOU, City shall provide Metropolitan with an executed original certificate of acceptance as
required for recording of the deed by Government Code section 27281. Within thirty (30)days
following receipt of the certificate of acceptance, Metropolitan shall cause the street easement
deed to be recorded in the official records of the County of San Bernardino, and shall cause a
conformed copy of the recorded easement deed to be conveyed to the City Engineer of the City.
3. Within thirty(30)days after execution of this MOU, Metropolitan shall deliver to the
City Engineer of the City a check payable to City of San Bernardino in the sum of Seventy-One
Thousand Four Hundred Dollars ($71,400.00).
4. Conveyance of the street easement described in Paragraph 2 and payment of the sum
provided in Paragraph 3 shall constitute full reimbursement by Metropolitan to City for Project-
related damage to the City's streets and satisfaction of any Metropolitan obligation to City to
repair or reimburse City for the repair of the City's streets. City accepts the conveyance of the
street easement and the payment as full compensation for all damage to the City's streets
resulting from their use in connection with the Project.
2
January 5, 2010
ATTACHMENT "A"
MEMORANDUM OF UNDERSTANDING
RELATING TO THE INLAND FEEDER PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first written
above.
CITY OF SAN BERNARDINO THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By: By.
Charles E.McNeely Jeffrey Kightlinger
City Manager General Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: Lcxx., By:
Jame F. Penman Joseph Vanderhorst
City Attorney Senior Deputy General Counsel
ATTEST:
By:
Rachel Clark
City Clerk
3
January 5, 2010
ATTACHMENT `B"
Recorded at the Request of and Mail to:
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, CA 90054
Attention: Right of Way and Title Engineering
DOC(JMF.NTARY TRANSFER TAX $None
(Exempt--Section 11922, California • ��
Revenue and Taxation Code)
RECORDING FEES None
(Exempt—Section 27383 of the Government Code)
PERMANENT EASEMENT DEED
RIALTO PIPELINE
M W D Parcel No. 1606-29-5 (Ptn.)
APN 266-031-11 (Ptn.)
R.L. 2892
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a
public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF SAN
BERNARDINO, hereinafter referred to as Grantee, a permanent easement for street purposes
over and across real property of Grantor located in the City of San Bernardino, State of
California,hereinafter referred to as Property. Said Property is described on Exhibit"A"and
shown on Exhibit`B," attached hereto and incorporated herein by reference.
This easement is granted subject to the following terms and conditions:
1. It is subject to Grantor's paramount right to use the Property for the purposes for
which it was acquired.
2. Grantee shall submit, in advance, all plans for installation and construction or
reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall
show the location and size of Metropolitan's rights-of-way and the location and size of
Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted,
any trees on the Property.
3. Grantee shall not change the existing grade or otherwise modify the topography of
Property affected by this easement without prior written consent of Grantor.
4. Any street improvements within the easement area constructed by Grantee shall
be so constructed as not to interfere with Grantor's access to adjoining property.
ATTACHMENT "B"
Permanent Easement -2-
MWD Parcel No. 1606-29-5 (Ptn.)
Street improvements constructed within the easement area shall conform to final
plans approved in writing by Grantor, which show the location, character, dimensions,and
details of the work to be performed; and (b)after initial construction is completed, any future
changes to the street shall require the prior written approval of Grantor, which approval shall not
be unreasonably withheld.
5. Grantor's access over and across this easement shall be reasonably maintained by
Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to
place its lock on any gates constructed hereon.
6. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds,
trash and debris,and shall comply with all applicable laws and regulations concerning the use of
Property.
7. Grantor purchased the Property in fee for its existing facility and/or future
appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and
use of the existing and/or future facilities and appurtenances on Property and/or Grantor's
adjacent property attributable to the presence of Grantee's improvements shall be bome by
Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected
as a consequence of the easement, Grantee shall bear all related costs.
8. Grantor shall not be required to contribute any part of the costs of street
improvements on the Property, and, furthermore, if Grantor is included in an assessment district
to pay such costs, Grantee shall reimburse Grantor for any assessment levied upon it.
9. Grantee assumes all risk of loss to itself,which in any manner may arise out of
the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors,
officers, and employees against any liability and expenses,including the reasonable expense of
legal representation whether by special counsel or by Grantor's staff attorneys, resulting from
injury to or death of any person,or damage to any property, including property of Grantor,or
damage to any other interest of Grantor, including but not limited to suit alleging noncompliance
with any statute or regulation which in any manner may arise out of the granting of this
easement,or use by Grantee of the easement or any adjoining land used with the easement.
10. In the event of abandonment by Grantee of the rights granted herein,they shall
terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition
as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a
quitclaim of such rights.
COPY
. . . .. . .. . . . .. . . .. . ....
ATTACHMENT "B"
Permanent Easement -3-
MWD Parcel No. 1606-29-5 (Ptn.)
Dated: I /�� //� THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Jeffrey Kightlinger
General Manager /
By
Ralph T. cI�I ks, Manager
Real Property Development and
Management Group
Authorized by MWD Administrative Code Section 8230
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California COPY
County of Los Angeles} ss.
On 1 113[1 O before me,
Uzekh 0IGa2-e_ ,Notary Public,
personally appeared ga1�T. Rick-S who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
LIZEIN OLZ
commission # 1700549
i NOIG y Public •C011101 Los Angeles County
s A a0c124.2010
Sig ature of Notilry Public
jAW A5057PemmnentEasement.docx
ATTACHMENT `B"
EXHIBIT A
RL 2892
1606-29-5 (Portion)
PERMANENT EASEMENT
MWD to the
City of San Bernardino
The most northeasterly 10.00 feet that parcel of land in the City of San Bernardino, County
of San Bernardino, State of California,conveyed to The Metropolitan Water District of Southern
California,by Grant Deed,recorded July 26, 1971, in Book 7717,page 201, of Official Records,in
the Office of the County Recorder of said County, as measured at right angles to and parallel with
that certain line shown on map of Record of Survey, filed in Book 31,pages 40 through 42,
inclusive,of Records of Survey,in the Office of said County Recorder of said County,having a
bearing and distance of N 58°06'31"W 262.43 feet.
All as shown on Exhibit"B" attached hereto and made a part hereof.
Subject to any and all existing uses, licenses,permits, easements, rights of way,
covenants,conditions and restrictions.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
UND S(�
� o
Thomas M.Bosserman P.L.S. 7328
EXP
N� ° cs� oa2\Q
Date OF CALIF
jAprojectsWoothill_feeder_rialtos ipelinelrow\tegal\1606-29-5_Rt.2892.doc 5/14/2008
Page 1 of 1
ATTACHMENT "B"
EXHIBIT B Page 1 of 1
Portion of Block 52, M.B.319,
City of San Bernardino,
County of San Bernardino, State of California
THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION
\
4&
*46
y���,.�a rsfdfQ,Y
MWD Fee 1606-29-5 h1
O.R. 77171201,July 26, 1971
FS 3AIa0,42 \\
. N
D�NDSU J L
U Op
Subject to any and all existing * �C(p 131 k
uses, licenses,permits, 'PA y m ? NOT TO SCALE
easements, rights of way, 9p R LS
covenants, condR/ons, and OF C lk
restrictions. LEGEND
VICINITY MAP ® Permanent Easement
1606.29-5 Portion
2,584 square
crrT a< PREPARED UNDER teat
sw B"NARW MY SUPERVISION THE METROPOLITAN WATER DISTRICT
SITE OF SOUTHERN CALIFORNIA
Foothill Feeder- Rialto Pipeline
PERMANENT EASEMENT
5RS0 -Thomas M. Bosserman
�
' PLS 7328 City of San Bernardino
It 554 /Z003 1606-29.5(Portion)
normaC D t (RL 2892)
J.PmjoclslFooWllFasdsr Rkao PlpslimlROWiomlbll6o6.29.6 pordyn 5.14-200BDPN
ACCEPTANCE
�✓ This is to certify that the interest in the real property conveyed by the within instrument to
the City of San Bernardino, California, a municipal corporation, is hereby accepted by
order of the City Council, and grantee consents to the recordation thereof by its duly
authorized officer.
CITY OF SAN BERNARDINO
By:
City Clerk
Date: