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HomeMy WebLinkAbout06.A- Public Works 6.A RESOLUTION (ID # 3375) DOC ID: 3375 F CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Tony Frossard M/CC Meeting Date: 08/18/2014 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of 3Rd Street Between "J" Street and "I" Street, and a Portion of 3Rd Street at the Intersection with "K" Street, and Reserving Utility Easements Therein; And Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Indemnity Agreement with the San Bernardino Associated Governments Relating to the Proposed Vacation of a Portion of"I" Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street, Together with a Portion of 3Rd Street Between"J" Street and "I" Street, and a Portion of 3Rd Street at the Intersection with"K" Street. (#3375) Current Business Registration Certificate: Not Applicable Financial Impact: There is no financial impact associated with this action. The petitioner has paid the total amount of$2,000 for the completion of the vacation proceedings. Mayor to open the hearing. . . Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report from the Public Works Director, as to why the identified portions of 3rd Street are no longer necessary for public right-of-way purposes; and adopt the two Resolutions. Synopsis of Previous Council Action: 12/03/2012 Resolution No. 2012-279 was adopted, adopting General Plan Amendment No. 12- 05, to amend the San Bernardino General Plan Circulation Element to close a 225- foot long portion of 3rd Street between "J" Street and the railroad right-of-way to the east, close a 160-foot long segment of "I" Street between Rialto Avenue and the railroad right-of-way to the south to facilitate the construction of the downtown San Bernardino passenger rail project, and to add text to acknowledge the future passenger rail service by SANBAG. 02/18/2014 Authorization was given to proceed with the proposed vacation of a portion of 3rd Street between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K" Street; and Plan No. 13013 showing the proposed vacation areas, was approved. 07/07/2014 Resolution No. 2014-263 was adopted, declaring its intention to order the vacation of a portion of 3rd Street between "J" Street and "I" Street, and a portion of 3rd •. M. Street at the intersection with "K" Street, and setting a public hearing for August Undated: 8/13/2014 by Georeeann"Gisi"Hanna F I Packet Pg. 306 3375 18, 2014. Background: San Bernardino Associated Governments (SANBAG) is currently working on the Downtown San Bernardino Passenger Rail Project (Redlands First Mile) which will expand mass transit options to commuters in San Bernardino and Redlands. The first phase of the proposed passenger rail project will extend between Downtown San Bernardino and the University of Redlands, and will help introduce passenger rail service to this area and meet future local and regional travel demands. An application was received from SANBAG, requesting the vacation of a portion of 3rd Street between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K" Street. The portion of 3rd Street between "J" and "I" Streets currently has railroad tracks and a crossing over the street, but according to the Federal Railroad Administration, the Federal Highway Administration, the California Department of Transportation, and the California Public Utility Commission (CPUC), it is a safety policy to consider closing at-grade crossings when other crossings are nearby. With the depot being the starting point to the First Mile Project, it was the CPUC's recommendation to consider permanent closure of 3rd treet and the removal of the crossing, as this would provide the highest level of crossing safety. There are four other crossings in close proximity to the 3rd Street crossing that will provide adequate access and traffic circulation. The portion of 3rd Street at the intersection with "K" Street is proposed to be vacated to create a three-way-stop controlled intersection. This will change the formation of the currently aligned street, which will help with the safety concerns. It is proposed that SANBAG will also be acquiring portions of the properties on the east-side of"K" Street to allow widening as part of the rail project. The map of Rancho San Bernardino dedicated as public right-of-way, the portion of 3rd Street between "J" and "I" Streets, thus the City does not own any portion in fee. SANBAG has also provided the City with a preliminary title report that indicates the street being owned by the abutting owners. SANBAG owns the parcel abutting the north side of the proposed area to be vacated and as of the date of this request, Bruce Hefftner owns all of the parcels abutting the south side of the proposed portion to be vacated. Mr. Hefftner opposes the proposed vacation as indicated in the attached letter. SANBAG is attempting to resolve this matter. The dedication of 3rd Street as public right-of-way at the intersection of "K" Street was accomplished through the recordation of separate documents. It has been determined that the City does not own any portion of the proposed area to be vacated in fee, and City only holds easements for street and highway purposes. On February 18, 2014, authorization to proceed with the proposed vacation was given and Plan No. 13013 was approved. City departments, utility companies and other government entities were notified of the proposal and were given the opportunity to submit easement reservations and any comments or conflicts. Several responses were received and all were favorable of the vacation. There were requests to reserve a utility easement from Southern California Edison, So. Cal Gas Company, San Bernardino City Municipal Water Department, and the City of San L� i lndsted- R/13/2014 by Georgeann "Giei"Hanna F 3375 Bernardino for sewer and storm drain purposes, which will need to be reserved as required by law. San Bernardino County Transportation Commission also requests that an easement be reserved within the vacated area for railroad purposes (3rd Street east of "J" Street where the railroad tracks will cross through the vacated area). On July 7, 2014, Resolution No. 2014-263 was adopted declaring the City's intention to order the vacation of a portion of 3rd Street between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K" Street, and set a public hearing for August 18, 2014. The Resolution was published in the Sun newspaper, and those portions of the streets proposed to be vacated were posted. The applicants requesting the street vacation and all affected property owners/tenants in the area were notified of the public hearing by mailed notice. As a condition of this vacation, SANBAG will be required to construct, per approved plan, the cul-de-sac and all improvements on 3rd Street between "K" Street and "I" Street. All improvements will be required to be constructed to City standards before the recordation of the resolution approving the vacation. SANBAG-has approved an Indemnity Agreement with the City to indemnify, defend and hold the City harmless from all claims filed by any person or entity relating to the vacation of these streets. The Indemnity Agreement should be considered concurrently with the proposed vacation. There appears to be no further necessity for the areas proposed for vacation for public street purposes, and staff recommends the vacation based on the following facts: The Public Works Director has determined that the proposed vacation is of no further necessity to the general public, except for easements to be reserved as stated herein. It does not conflict with the General Plan. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. There were requests to reserve easements from Southern California Edison, So. Cal Gas Company, San Bernardino City Municipal Water Department, and the City of San Bernardino for sewer and storm drain purposes, which will need to be reserved as required by law. San Bernardino County Transportation Commission also requests that an easement be reserved within the vacated area for railroad purposes. All requested easements will be reserved as required by law. City Attorney Review: This Item Has Been Reviewed and Approved as to Form by the City Attorney's Office. JEG Supporting Documents: Reso Ordering Vacation - 3Rd St (DOC) Reso Exhibit A&B- Legals &Plats (PDF) Reso Exhibit C- RR Reservations (PDF) E Reso -Indemnity Agmt, 3rd St. (DOC) Updated: 8/13/2014 by Georgeann"Gigi"Hanna F Packet Pg. 308 6.A 3375 Reso Exh 1 - Indemnity Agmt, 3rd St. (PDF) Opposition Letter- Hefftner (PDF) Plan 13013 (PDF) Traffic Reroute Exhibit (PDF) AF 'IN Updated: 8/13/2014 by Georgeann"Gigi" Hanna F Packet Pg. 309 6.A.a 1 RESOLUTION NO. Cn 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY -c 3 OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 3R STREET BETWEEN "J" STREET AND "I" STREET, AND A PORTION OF 3an 4 STREET AT THE INTERSECTION WITH "K" STREET, AND RESERVING -6 5 UTILITY EASEMENTS THEREIN. r 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE m in CITY OF SAN BERNARDINO AS FOLLOWS: V M 8 SECTION 1. Proceeding under and in accordance with the "Public Streets, 0 r- 0 9 Highways, and Service Easements Vacation Law", Division 9,Part 3 of the California Streets 10 > and Highways Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of 3rd Street 12 2 between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K" 0 13 a 14 Street, described in Resolution of Intention No. 2014-263, hereby find from all of the W 15 evidence submitted that proper notice has been given and that such streets proposed to be LO I- 16 vacated by this Resolution are unnecessary for present and prospective street purposes. v 17 SECTION 2. The Mayor and Common Council does hereby vacate that portion of 2 .T 18 >> 3rd Street between "J" Street and "I" Street, and that portion of 3rd Street at the intersection W 19 Cn 20 with "K" Street, as described on each of the legal descriptions attached hereto and 0 21 incorporated herein as Exhibit "A" and depicted on each of the maps attached hereto and o M 22 incorporated herein as Exhibit"B". 23 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other 24 existing easement for public utility purposes belonging either to the City of San Bernardino or o 25 to any public utility that existed prior to these vacation proceedings; and there is hereby 26 27 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, an E U 28 easement for sanitary sewer and appurtenant facilities over the north half portion of 3rd Street 1 Packet Pg. 310 6.A.a 1 proposed to be vacated, including the right at any time, or from time to time, to construct, Cn 2 maintain, operate, replace and renew said sewer or appurtenances and shall include the right Y 3 of ingress and egress thereto; and there is hereby specifically reserved for the City of San Cn 4 Bernardino, its successors, heirs and assigns, an easement for a storm drain and appurtenant 06 5 3 facilities over the east half portion of "K" Street extension intersecting with 3`d Street .� 6 m CO proposed to be vacated, including the right at any time, or from time to time, to construct, 7 M 8 maintain, operate, replace and renew said storm drain or appurtenances and shall include the o 0 9 right of ingress and egress thereto; and there is hereby specifically reserved for Southern 10 � California Edison, its successors, heirs and assigns, an easement over the entire portion of _ 3rd Street at the "K" Street intersection proposed to be vacated, to construct, place, operate, 12 2 13 inspect, maintain, repair, replace and remove any overhead or underground electrical a 14 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole W 15 anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said ti M 16 easement shall include rights of ingress and egress; and there is specifically reserved for 17 Southern California Gas Company, its successors, heirs and assigns, an easement over the o 18 > entire portion of 3rd Street east of the railroad tracks proposed to be vacated, to construct, W 19 20 place, operate, inspect, maintain, repair and replace underground pipes and necessary M 21 fixtures and appurtenances and said easement shall include rights of ingress and egress; and o 22 there is hereby specifically reserved for the City of San Bernardino Municipal Water CU 23 =' Department, an easement for water utility purposes over the entire portion of 3rd Street = 24 a proposed to be vacated, including the right at any time, or from time to time, to construct, 0 25 0 maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the 26 0 27 transportation of water and for the construction and maintenance of water wells and related E r 28 incidental purposes, including the right of ingress and egress thereto; and there is hereby Q 2 Packet Pg. 311 6.A.a specifically reserved for the San Bernardino County Transportation Commission, an 2 easement for railroad facilities and appurtenances over portions of the areas proposed to be 3 vacated, as described and depicted in Exhibit"C", attached hereto and incorporated herein. u� 4 SECTION 4. It is hereby determined that the vacation of said street is categorically 06 5 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant 6 T W 7 to Class 1, Section 15301(c). M 8 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy o r- 0 9 of this Resolution with the San Bernardino County Recorder's office after certain conditions 10 set forth by the City Engineer are met. c 12 2 13 a 14 15 ti M 16 r 17 0 N 18 19 20 M 21 0 CU 22 23 24 0 25 26 27 r_ 28 a J Packet Pg. 312 6.A.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 3RD 2 STREET BETWEEN "J" STREET AND "I" STREET, AND A PORTION OF 3RD STREET AT THE INTERSECTION WITH "K" STREET, AND RESERVING = 3 UTILITY EASEMENTS THEREIN. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 3 Common Council of the City of San Bernardino at a meeting thereof, Z 6 m held on the day of , 2014,by the following vote, to wit: co 7 M 8 Council Members: AYES NAYS ABSTAIN ABSENT o C 0 9 MARQUEZ U to 10 BARRIOS c 11 VALDIVIA 12 U SHORETT 13 a. Cn NICKEL 14 L 15 JOHNSON F_ F_ co 16 MULVIHILL �_ P 17 Q N 18 > Georgeann Hanna, City Clerk 19 ZO The foregoing resolution is hereby approved this day of , 2014. M 21 0 22 R. CAREY DAVIS, Mayor 23 City of San Bernardino a, Approved as to form: 24 GARY D. SAENZ, City Attorney 0 25 By: I � 26 27 28 a 4 Packet Pg. 313 i NEI i EXHIBIT A LEGAL DESCRIPTION Y THIRD STREET RIGHT-OF-WAY VACATION C r VACATION B-1 N 06 Being a portion of Third Street(82.50'wide) as dedicated to the City of San Bernardino per Map entitled "Rancho San Bernardino" recorded in Map Book 7, Page 2, together with a 3 portion of K Street (45' wide) as granted to the City of San Bernardino per Book 422, Page m 238 of Deeds, together with a portion Lot 15, Block 15 of said Map and a portion of Third N Street (width varies), both as granted to the City of San Bernardino per Book 622, Page 157 of Deeds, recorded October 15, 1917, in the Office of the County Recorder of San o Bernardino County, in the City of San Bernardino, County of San Bernardino, State of r_ California, more particularly described as follows: 2 U Commencing at the Southwest corner of Parcel 3 as described in quitclaim deed to the > City of San Bernardino in Book 4805, Page 81 of Deeds; thence along the Southerly and Easterly lines of said Parcel 3 the following courses: North 89°37'54" East, 20.53 feet to L the True Point of Beginning; thence North 89°37'54" East, 114.19 feet to the beginning of a tangent 132.08 foot radius curve concave to the Northwest; thence Northeasterly along the arc of said curve, through a central angle of 55°02'30", a distance of 126.88 feet; thence North 34 035'24" East, 91.42 feet to a point on the Southerly line of that certain a portion of Third Street vacated per Document No. 2001-0248300, recorded June 26, 2001 of Official Records of said County; thence leaving the Easterly line of said Book 4805, Page 81 of Deeds and along said Southerly vacation line the following courses: North 89°24'13" East, 4.76 feet to the beginning of a tangent 2.00 foot radius curve concave to LO the Northwest; thence Northeasterly along the arc of said curve, through a central angle of v 51'48'43", a distance of 1.81 feet; thence North 37°35'30" East, 16.09 feet to the y beginning of a tangent 208.00 foot radius curve concave to the Southeast; thence Northeasterly along the arc of said curve, through a central angle of 39 051'54", a distance of 144.72 feet; thence North 77°27'24" East, 58.68 feet to the beginning of a tangent y 1898.28 foot radius curve concave to the Southeast; thence Northeasterly along the are of said curve, through a central angle of 02°40'02", a distance of 88.37 feet; thence North 80°07'26" East, 61.40 feet to the beginning of a tangent 336.00 foot radius curve concave m to the Southeast; thence Northeasterly along the are of said curve, through a central angle 06 of 09°28'37", a distance of 55.58 feet; thence North 00°33'06"West, 1.45 feet to a point on Q the Northerly right-of-way line of said Third Street per Map Book 7, Page 2; thence leaving :6 said Southerly vacation line and along said Northerly right-of-way line North 89 037'06" w East, 32.28 feet; thence leaving said Northerly right-of-way line South 77°17'50" West, o 342.48 feet to the beginning of a non-tangent 190.00 foot radius curve concave to the Southeast, a radial line to said beginning bears North 25°52'35" West; thence Y Southwesterly along the arc of said curve, through a central angle of 34 029'28", a distance of 114.38 feet; thence non-tangent to said curve South 59°17'28" West, 16.34 feet; thence South 00 024'55" East, 11.22 feet; thence South 29 044'28" West, 27.76 feet; thence South r 00°24'55" East, 10.81 feet; thence South 39 059'42" East, 8.79 feet to the beginning of a a non-tangent 190.00 foot radius curve concave to the Southeast, a radial line to said point PAGE 1 OF 2 P:\3833\SURVEY—BNDRY\SURVEY—DWG\PLATS\Street vacations\3rd Street\3833_3rd St Vacation-revised.doc Packet Pg. 314 MET arc of said curve through a bears North 80'04'46" West; thence Southerly along the a g central angle of 12°10'56", a distance of 40.40 feet; thence South 44 040'29" West, 36.63 Cn feet; thence South 89°35'05" West, 226.18 feet; thence North 37 017'07" West, 14.51 feet Y to the True Point of Beginning. c Said parcel contains 14,568 square feet or 0.334 acre, more or less. to VACATION B-2 06 Being a portion of Third Street (82.50' wide) as dedicated to the City of San Bernardino per 3 Map entitled "Rancho San Bernardino" recorded in Map Book 7, Page 2 of Official Records m of San Bernardino County, in the City of San Bernardino, County of San Bernardino, State n of California, more particularly described as follows: M Commencing at the Northwest corner of Block 1 of Carter's Subdivision, according to Map 0 thereof recorded in Map Book 3, Page 79 of Official Records of said County; thence along the Northerly line of said Block 1 and the Southerly right-of-way line of said Third Street, R North 89°37'06" East, 5.36 feet to the True Point of Beginning; also the beginning of a > non-tangent 74.00 foot radius curve concave to the Southwest, a radial line to said beginning bears South 79033'36" East; thence leaving said Southerly right-of-way line and Northwesterly along the arc of said curve, through a central angle of 78 048'38", a distance of 101.79 feet to a point on the Northerly Right-of-way line of said Third Street; thence along said Northerly right-of-way line, North 89°37'06" East, 280.34 feet to the beginning of a non-tangent 53.75 foot radius curve concave to the Southeast, a radial line to said a beginning bears North 40°15'25" West; thence leaving said Northerly right-of-way line and Cn Southwesterly along the arc of said curve, through a central angle of 49 028'16", a distance n: of 46.41 feet; thence South 70 04537" East, 6.12 feet to the beginning of a non-tangent 48.00 foot radius curve concave to the Northeast, a radial line to said beginning bears LO Cn South 87°53'43" West; thence Southeasterly along the arc of said curve, through a central angle of 56 037'46", a distance of 47.44 feet; thence South 0 021'53" East, 0.39 feet to a point on said Southerly right-of-way line of Third Street; thence along said Southerly right- of-way line, South 89°37'06"West, 244.66 feet to the True Point of Beginning. °' 06 W Said parcel contains 19,362 square feet or 0.444 acre, more or less. d J Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof. m Distances shown hereon are grid distances in U.S. survey feet. To obtain ground level a distances, multiply distances by 1/0.99993920. All bearings shown hereon are grid based upon California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings from reference deeds/maps may or may not be in terms of said system. w O W �Al "r`t T q ED,�i ( P 3�N0. 7 96 ; —.r Ex * a B. SCOTT EDKINS DA E a LS 7696 F PAGE 2OF2 Q CAUf�� P:\3833\SURVEY_BNDRYISURVEY_DWG\PLATS\Street vacat(ons\3rd Street\3833_3rd St Vacation-revised.doc Packet''.Pg. 315 EXHIBIT B SHEET 1 OF 4 THIRD STREET RIGHT-OF-WAY VACATION CITY OF SAN BERNARDINO, CA Y LEGEND BASIS OF BEARINGS P..0.C. INDICATES POINT OF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE T.P.QB. INDICATES TRUE POINT OF BEGINNING CALIFORNIA COORDINATE SYSTEM, ZONE 5, CCS831 N (EPOCH NSRS-2007) AS DETERMINED LOCALLY BY A (R) INDICATES RADIAL BEARING LINE BETWEEN CONTINUOS OPERATING REFERENCE 06 INDICATES PORTION OF THIRD STREET, STATIONS (CORS) "BMRY".AND "P612" BEING NORTH VACATED. 51'15'41'" WEST (GRID) AS DERIVED FROM GEODECT/C m VACATION B-1 = 14,568 SQ. FT. VALUES PUBLISHED BY THE CALIFORNIA SPATIAL VACATION B-2 = 19,362 SO. FT. REFERENCE CENTER (CSRC) AND/OR NATIONAL GEODETIC SURVEY (NGS), RESPECTIVELY. DISTANCES M SHOWN ON THIS SURVEY ARE GRID DISTANCES IN U.S. o SURVEY FEET. TO OBTAIN GROUND LEVEL DISTANCES, c MULTIPLY DISTANCES BY 110.99993920. BEARINGS FROM 2 REFERENCE DEEDS/MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. > FOURTH ST. c (SANBAG) HISTORIC DEPOT GROUNDS I I I I I I I VACATION B-2 - THIRD I ST - SEE SHEET 4 0. ST. SECOND C� � � M VACA71ON B-1 ' SEE SHEETS 2 & 3 RIALTO AVE N w RIALTO AVE. 1�1'd I ( a SANBAG 06 ® r-A (n I SQ dl) LAND S�� CONGRESS ST. yG03 t Ca'I�y 06 N0. L7696 * Exp. date 12-31-14 * I I W I 0F CAIi � I I 0 I I I l B. SCOTT EDKINS, L.S. 7696 DATE I Lz MILL STREET i a PROJECT DESIGN CONSULTANTS Sm 01 Planning I Landscape Architecture I Engineering I Survey 6192M.6471 Ts1 B1B.234,0048 Fex UXSURVEY SURVEY_DWG PLA STRLET VACATIONS 3RD STREE 3833_3RD ST & K ST VACA71ON - SHT 1-REV3SED.DWG Packet Pg. 316 EXHIBIT B SHEET 2 OF 4 THIRD STREET RIGHT—OF—WAY VACATION CITY OF SAN BERNARDINO, CA in ,11 FIAN01-10 SAN I f3f�FiNAFRDINO NIS 17/2 SEE SHEET 3 1 ;� cn `" BLOCK �E RAILROAD ( 06 LOT 6 I LOT 4 TRACK I LOT 3 -� c 1 VACATED PER DOC. 3 R 1v JI00-103 I NO. 2001-0248300 t�7� s� i m N80 5 in AA_ r _THIRD 342.411 sr O DEDICATED PER o #17'50 W MAP BK. 7, PG 2 : Co U LOT 1-4 VACA71ON 8-1 T L3 { g��d APN �, > C2 •{j, 0 `6 0138-271-02 0 NIB 7/� PCL. 3, BK. L2 'S +�� ' f4 co c L OT 16 BLOCK Jv APN801JB-268107 �� � ¢��'��� 01J8—A271-01 N15 7/2 Q N I � °CU' N893T54 E PCL. 2 OF DOC. L PARCEL 2 OF BLOCK 15 0 0 20.53 NO. 92-514402 °�° L9 BK 622, PG. 157 3 TP.O.B. APN 0138-261-01 ( u = I a N8937'54"E '' �,1 y € w LOT 15 114.19 GRANTED PER I V) . . S893 BK 422, PG 238 5'05"W 226.18' � � � M APN 0138-271-21 • THIRD STREET BK.A622,L PG.0157 ( Ul �— APN 0138-271-20 cc P.O.C. W FiANCHO SAN F3.[�FINARDJNO a SOUTHWEST CORNER I PCL. 3, BK. 4805, APN 0138-271-19 PG. 81, O.R. Y NIB 7/2 U 7 :s 4) PAR GEL 1 I APN 0138-271-18 m PM 184-11 PME3 228/50 [0125' BLOCK 15 a _..__ X LINE TABLE LINE BEARING LENGTH CURVE TABLE w LINE BEARING LENGTH L6 S002455"E 11.22' CURVE DELTA RADIUS LENGTH L1 N3435'24"E 91.42' L7 S29'4428"W 27.76' Cl 55'02'30" 132.08' 126.88' L2 N8924'13"E 4.76' L8 S00N'55"E 10.81' C2 514843" 2.00' 1.81' 4) t3 N3735'30"E 16.09' L9 S39'59'42"E 8.79' C3 3951'54" 208,00' 144.72' L4 N7727'24"E 1 58.68' L10 S4440'29"W 36.63' C4 02'40'02" 1898.28' 88.37' L5 S59'17'28"W 16.34' 01 N37'17'07"W 14.51' C5 09'2837" 336.00' 55.58' q C6 12'10'56" 190.00' 40.40' 7019 ft"t salts 800 PROJECT DESIGN CONSULTANTS seoD[w.CA92101 PO Planning I Landscape Architecture I Engineering I Survey 819M55M71 Tel 81SM4.034B Fox 7 P: 383 SU VEY_R DRY SU _ L STREET VAC- NS 3RD S E _,3RD ST K ST VA CA71ON - SHT 2& 4--REWSEUM E FPaclket Pg. 317 EXHIBIT B SHEET 3 OF 4 THIRD STREET RIGHT—OF—WAY VACATION CITY OF SAN BERNARDINO, CA , Cn '~ RANCHO CAN 3.5BNAFID11\10 16 I 1v1B Y/2 I LOT 3 m BLOCK J6 ( n RAILROAD 1RACK 06 LOT 4 X09*2837" R=336.00 L5 Co -- 02'40'02" .00. 7'2 8' C6 cn VACATED PER DOC.� F62�3 , �#� R SB37' 61, NO. 2001-024830 N25 --" 342.4 o L4 r- DOC. NO. 77.1�'S0 W DED/CATED PER N 92-514402 MAP BK. 7, PG. 2 ? PCL. 3, I G T I e BK. 480 , 4 PG. 81 0 1 = APN 0138-271-02 Q Cn Co tia TM uo IN; 0138-271-01 Q � M MB V2 0 CD Y N8i7�j4-'46" r�j� °n a IQ BLOCK Q ( � Y _ m APN 0138-271-21 °6 Q Yx I w x LINE TABLE LINE BEARING LENGTH _ CURVE TABLE w LINE BEARING LENGTH L6 N89 37'06"E 3228' CURVE DELTA RADIUS LENGTH L1 N34'3524"E 91.42' L7 S5917'28"W 16.34' Cl 55'02'30" 132.08' 126.88' L2 N89'24'13"E 4.76' L8 S002455"E 11.22' C2 51'4843" 2.00' 1.81' a L3 N3735'30"E t 6.09' L9 S29 4428"W 27.76' C3 39'51'54" 208 00' 144.72' L4 N77'2724"E 58.68' L10 S00 2455"E 10.81' C4 12'10'56" 190.00' 40.40' L5 NOD-33'06"W 1 1.45' L11 S39'5942"E 8.79' a i PROJECT DESIGN CONSULTANTS SmMo a,�m� PO Planning I Landscape Architecture I Engineering i Survey e70M•B07Te1 619".034erbx P: 3833 SURl�EY_8N©RY S R _D G PLATS STREET VAGA71UN5 3RD STREET 38 f_3R ST& K ST VACA11(?N — SNT 3-R ViSED.t7WG Packet Pg. 318 6.A.b EXHIBIT B SHEET 4 OF 4 THIRD STREET RIGHT-OF-WAY VACATION CITY OF SAN BERNARDINO, CA o o Y I +ii I RANCI-10 SAN 3.rtRNAADIN0 I � N �; I c I MB 7/2 I c"n BLOCK 16 I LO7 06 I I I 3 I RAILROAD TRACK I m I I Cnn LOT 3 ( LOT 2 I M O I N I O � � O I SANBAG � i w ~ter APN 0138-231-11 a j N40'15'25""W-A az N89'37'06'E 280.34' ��, ¢ Q ¢ m Z--,7848' 8" L 1 THIRD STREET — — R=74.00, VACATION B-2'� L-101.79 — \-1, �— c� L2 — DEDICATED PER a S79 33'36"E (R) �'S8753'43"W (R) -) MAP BK. 7, PG. 2 Cn P.O.C. I S89'37'06"W 244.66' 1 i I NORTHWEST CORNER T.P.4 B APN 0138-273-03 I BLOCK 1, MB 3179 N89'37'06"E $ ` 7 APN I I M I i 5.36' 0138-273-04 y 4 1.25'41.25 10 ` 9 �` LA 6 I I BLOCK 12 I APN 0138-273-01 a. I I j BLOCK ' l I CA�lT�fil�C �, - — — -BROADWAY ST - — _ --- ---- -- m I i 1U1B1ON 8 W a DCFF30 JFD jj I Y I n�1Bl B/7l3 I n�IB ' 3/�'g I iE -I _A- �- ---- - I -- ------- I ' 1 —� LINE TABLE 9 � !2 I LINE BEARING LENGTH L 1 S70 45 37 E 6.12 at L2 S00'21'53"E 0.39' CURVE TABLE CURVE DELTA RADIUS LENGTH lot t►SIM%BUM O o Cl 49'28'16" 53.75' 46.41' PROJECT DESIGN CONSULTANTS Son D*ACAestot Planning I Landscape Architecture i Engineering I Survey etexiaM71 Tel C2 513'37'46" 48.00' 47 ' .44 etlt.xtaooaeFex P. 38 3 S RVEY_BN RY SUR Y— LASS PT ACA U S 3-3R© ST & K ST VACA17ON -- SHT 2 & R—R V! E . WG FPacket Pg.319 1 2 U) 3 EXHIBIT "C" Y M 4 Legal Description&Plats for Railroad Reservations Y Cn 5 «s 6 3 Y m 7 Y [See attachedl 8 M w 9 C 0 Y 10 11 12 13 14 a 15 ' a 16 LO ti M 17 18 c 19 d 20 21 Y 22 x 23 0 N 24 25 26 Y a 27 28 Packet Pg. 320 6.A.c EXHIBIT A LEGAL DESCRIPTION THIRD STREET RESERVATION FOR RAILROAD FACILITIES Being a portion of Third Street (82.50' wide) as dedicated to the City of San Bernardino per Map entitled "Rancho San Bernardino" recorded in Map Book 7, Page 2 of Official Records of San Bernardino County, in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as follows: -� c Commencing at the Northwest corner of Block 1 of Carter's Subdivision, according to Map m thereof recorded in Map Book 3, Page 79 of Official Records of said County; thence along the Northerly line of said Block 1, also being the Southerly right-of-way line of said Third Street, North 89°37'06" East, 104.31 feet to the True Point of Beginning; thence M continuing North 89°37'06" East, 79.68 feet to a point on the Easterly right-of-way line of o the original Atchison, Topeka and Santa Fe Railway as conveyed to the San Bernardino 0 Association of Governments (SANBAG) per Instrument No. 93-137041, recorded March v 29, 1993, said point also being on a non-tangent 587.96 foot radius curve concave to the Southwest, a radial line to said point bears North 50°44'55" East; thence leaving said ° Southerly right-of-way line, Northwesterly along said Easterly right-of-way line and the arc = of said curve, through a central angle of 01'30'37", a distance of 15.50 feet to the beginning of a tangent 533.51 foot radius compound curve concave to the Southwest; _ thence Northwesterly along the arc of said curve, through a central angle of 06 034'44", a .2 distance of 61.26 feet to the beginning of a tangent 442.05 foot radius compound curve a concave to the Southwest; thence Northwesterly along the arc of said curve, through a Cn central angle of 05°15'20", a distance of 40.55 feet to a point on the Northerly right-of-way W line of said Third Street; thence leaving said Easterly right-of-way line and along said W Northerly right-of-way line, South 89°37'06" West, 140.56 feet to the beginning of a non- ti tangent 74.00 foot radius curve concave to the Southwest, a radial line to said beginning bears North 21'37'46" East; thence leaving said Northerly right-of-way line, Southeasterly along the arc of said curve, through a central angle of 46°17'35", a distance of 59.79 feet o to a point on the centerline of said Third Street; thence along said centerline, North 89°37'06" East, 41.93 feet to the beginning of a non-tangent 482.06 foot radius curve concave to the Southwest, a radial line to said beginning bears North 29°19'54" East; thence leaving said centerline, Southeasterly along the are of said curve, through a central angle of 08°45'20", a distance of 73.67 feet to the True Point of Beginning. v Said parcel contains 9,459 square feet or 0.217 acre, more or less. Y x W 0 N N LY C N E U f6 Q PAGE 1 OF 2 P:\3833\SURVEY—BNORY\SURVEY--DWG\PLATS\Street Reservations\3rd Street\3833 3rd St Reservation.doc Packet Pg. 321 i I Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof. Distances shown hereon are grid distances in U.S. survey feet. To obtain ground level distances, multiply distances by 1/0.99993920. All bearings shown hereon are grid based upon California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings from Y reference deeds/maps may or may not be in terms of said system. t AND _ c SCs Cn �5 pt T Ep �� 1 otS NO B. SCOTT EDK S DATE T LS 7696 Cn �TF0 cA1\F w O C O Y V Z 2 M ,wool °- a: ti M M fA C O to G7 Q' tY Q.' U r X W 0 N C1 fY .v C G? E s m Q PAGE 2 OF 2 P:\38331SURVEY_BNDRYISURVEY._DWG\PLATS\Street Reservations\3rd Street\3833_3rd St Reservation.doc Packet Pg. 322 6.A.c EXHIBIT B SHEET 1 OF 2 THIRD STREET RIGHT-OF-WAY RESERVATION FOR RAILROAD FACILITIES CITY OF SAN BERNARDINO, CA LEGEND BASIS OF BEARINGS P.O.C. INDICATES POINT OF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE T.P,AB. INDICATES TRUE POINT OF BEGINNING CALIFORNIA COORDINATE SYSTEM, ZONE 5, CCS&3, (EPOCH NSRS-2007) AS DETERMINED LOCALLY BY A (R) INDICATES RADIAL BEARING LINE BETWEEN CONTINUOS OPERATING REFERENCE INDICATES PORTION OF THIRD STREET, STATIONS (CORE) "BMRY" AND "P612- BEING NORTH = RESERVED. 51-1541- WEST (GRID) AS DERIVED FROM GEODECTIC 3 AREA = 9,459 SO. FT. VALUES PUBLISHED BY THE CALIFORNIA SPATIAL m REFERENCE CENTER (CSRC) ANDIOR NATIONAL GEODETIC SURVEY (NGS), RESPECTIVELY. DISTANCES SHOWN ON THIS SURVEY ARE GRID DISTANCES IN U.S. I+.. SURVEY FEET. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY DISTANCES BY 110.99993920. BEARINGS FROM REFERENCE DEEDSIMAPS MAY OR MAY NOT BE IN U TERMS OF SAID SYSTEM. > FOURTH ST. I I I 'i CU (SANBAG) HISTORIC 1 o z DEPOT GROUNDS 7H1RD�ST I C ( I L RESERVAAON ,u c — _ SEE SHEET 2 .. N -_j 0. J V z W �� SECOND ST. n _ _ M = RIALTO AVE. N RIALTO AVE. ( o SANBAG LANG sR 1 Tt — �G�. CONGRESS ST. o: No. L7696 * Exp. data 12-31-14 * U �r OF CAUEf�`Z _ — _ _ X W N m . > 7 E B. SCOTT EDKINS, L.S. 7696 DA Tt 1 a MILL STREET — PROJECT DESIGN CONSULTANTS �D*p,CA 2101 Planning I Landscape Architecture I Engineering I Survey 018236.0471 Tel 610234MW rox P: 3833�SURVEY BNDRY SWRt Y�LDWG RATS\STREET RESERVATIONS 3RD STREE7 .383.3_3R9 ST RESERVAWN—SHT I.DWC Packet Pg. 323 EXHIBIT B SHEET 2 OF 2 THIRD STREET RIG-+IT-OF-WAY RESERVA11ON FOR RAILROAD FACILITIES CITY OF SAN BERNARDINO, CA w 1 RANCHO SAN BPFJNARDJNO ( Y N 1 I l ms 712 I I 1 r { BLOCK 16 1 LOT I I I 06 I RAILROAD TRACK { _ � 1 3 Co LOT 3 L0T 2 vi Lo Q) M �-- -- I SANBAG N N o APN 0138-231-11 0 _N21'37'46"E(R) 8937'06"W N37-24'14"f(R) a z z > 140.56' ——— Q Q a a> c THIRD STREET RESERVA71ON _ -- L11 DEDICATED PER 2 N2979'54"E�RL <' C3 .g —i-- 104.31' 79.68' MAP BK. 7, PG 2 N 9'37'06pE e " a I 1 P.O.� .N5t}44 55 f(R) I I NORTHWEST CORNER 1 T.P.O.B. APN 0138-273-03 ( { a BLOCK 1, MB 3179 i g 7 APN I { Lo 1 1 { APN 0138-273-01 c�, 0138-273-04 4 1 3 1 2 M 1 3 1 2 1 1.25'41.25 Jp 1 I 1 BLOCK 12 I rF3 B BLOCK ' I I CA 7 I I — -BROADWAY ST —� - -- --r I IJBDJVJBJON CAFtTEFR'S 30' SIJBDJVISION W 1 NJ � 3179 s � I M.B 3179 1 �3 � -- _ _ — 1 _ _.-.—_ —____ x I { 1 0 I I � e 12 I CURVE TABLE CURVE DELTA RADIUS LENGTH LINE TABLE C1 4677'35" 74.00' 59.79' LINE BEARING LENGTH C2 08 45'20" 482.06' 73.67' v L1 N89 37'06"E 41.93' C3 0130'37" 58Z96' 15.50' a 701 aSIMKswtbeon C4 0634'44" 533.51' 61.26' PROJECT DESIGN CONSULTANTS senMq%VAWi01 C5 0575'20" 442.05' 40.55' Planning I Landscape Architecture I Engineering I Survey BIRM64471 Tel 818231.0048 Fmt P. 3833 Sl1R Y_ IJ Y SU! WY—OWG PLATS S7R RESE VA77UI�S 3Rp S7REE 833-3R ST R SERY�3T ON—SHT 2.D WG Packet Pg.324 6.A.d 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Y OF SAN BERNARDINO APPROVING AN INDEMNITY AGREEMENT WITH THE 3 SAN BERNARDINO ASSOCIATED GOVERNMENTS RELATING TO THE 4 PROPOSED VACATION OF A PORTION OF "I" STREET SOUTH OF RIALTO Cn AVENUE AND THOSE PORTIONS OF THE EAST-WEST ALLEYS AND ONE Cn 5 NORTH-SOUTH ALLEY, BETWEEN RIALTO AVENUE AND 3" STREET, TOGETHER WITH A PORTION OF 3p' STREET BETWEEN "J" STREET AND "I" 3 6 STREET, AND A PORTION OF 3RD STREET AT THE INTERSECTION WITH "K" m T 7 STREET. Cn 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a CITY OF SAN BERNARDINO AS FOLLOWS: o 9 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 10 approves an Indemnity Agreement with San Bernardino Associated Governments, acting in its c 1 1 L 12 capacities as the San Bernardino County Transportation Commission and the San Bernardino = U 13 M County Transportation Authority(SANBAG), in relation to the proposed vacation of a portion a 14 of"I" Street south of Rialto Avenue and those portions of the east-west alleys and one north- L 15 south alley, between Rialto Avenue and 3Td Street, together with a portion of 3rd Street ti 16 M between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K" v 17 P Q 18 Street. y 19 SECTION 2. The City Manager is hereby authorized and directed to execute on u Cn 20 behalf of the City said Indemnity Agreement, a copy of which is attached hereto and M 21 r incorporated herein as Exhibit"I". a 22 23 SECTION 3. The authorization to execute the above-referenced Indemnity F 24 Agreement is rescinded if the parties fail to execute it within ninety (90) days of the passage S 0 25 of this Resolution. 26 28 Packet Pg. 325 6.A.d 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN INDEMNITY AGREEMENT WITH THE SAN 2 BERNARDINO ASSOCIATED GOVERNMENTS RELATING TO THE PROPOSED Y VACATION OF A PORTION OF "I" STREET SOUTH OF RIALTO AVENUE AND 3 THOSE PORTIONS OF THE EAST-WEST ALLEYS AND ONE NORTH-SOUTH 0 c ALLEY, BETWEEN RIALTO AVENUE AND 3R' STREET, TOGETHER WITH A n 4 PORTION OF 3RD STREET BETWEEN "J" STREET AND "I" STREET, AND A — 0a 5 PORTION OF 3RD STREET AT THE INTERSECTION WITH"K" STREET. _ 3 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor m cn 7 and Common Council of the City of San Bernardino at a meeting M 4— 8 o thereof, held on the day of , 2014, by the following vote, to wit: o 9 10 Council Members: AYES NAYS ABSTAIN ABSENT c 11 MARQUEZ v 12 BARRIOS 2 13 VALDIVIA a 14 SHORETT 15 LO 16 NICKEL M 17 JOHNSON r C 0 18 MULVIHILL > as 19 20 T Georgeann Hanna, City Clerk 21 E 22 The foregoing resolution is hereby approved this day of , 2014. <, 23 E 24 R. CAREY DAVIS, Mayor 25 City of San Bernardino 26 Approved as to form: GARY D. SAENZ, City Attorney E 27 28 By. Q FPacket Pg. 326 1 EXHIBIT "1" n 2 -Indemnity Agreement- Y e� 3 a 4 06 5 (See attached—3 pages) _ 3 6 m T Cn 7 -� M 8 0 C 9 CO U to > 11 � C S4 12 3: U 13 Cn 14 a 15 LO 16 M M 1 17 18 N 19 20 a M 21 22 Q r 23 E 24 0 25 26 27 U 28 < Packet Pg. 327 INDEMNITY AGREEMENT This Indemnity Agreement ("Agreement") is made and entered into as of this _ day of Y 2014, by and between the City of San Bernardino, a California Municipal Corporation ("City"), and the San Bernardino Associated Governments, acting in its capacities as the San Bernardino County Transportation Commission and the San Bernardino County Transportation Authority, a public agency existing under the laws of the State of California ("SANBAG"), with n reference and respect to the following facts and circumstances ("Recitals"): 06 A. SANBAG desires and seeks for City to vacate various portions of certain streets to assist SANBAG in connection with the purposes of constructing, operating and/or facilitating the m construction and/or operation of the Downtown San Bernardino Passenger Rail Project ("Project"); W B. The Project involves an approximately one mile extension of existing passenger rail service from the Santa Fe Depot, located at 1170 West Third Street, to the San Bernardino Transit o Center, to be constructed at "E" Street and Rialto Avenue, in the City of San Bernardino, County u of San Bernardino, State of California. > C. Provided that SANBAG indemnifies City in connection with the vacation of portions of the streets as requested or required by SANBAG for and/or in connection with the Project, City is willing to move forward with such vacations on and subject to the terms of this Agreement. _ U Now, therefore, in consideration of the foregoing recitals, the covenants, agreements, a representations and/or warranties of the parties set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each party, the parties do hereby agree as follows: 1. Vacation of Streets. City shall, promptly and immediately, take any and all action(s) M necessary and appropriate to vacate those portions of those streets shown on Exhibit A M attached hereto and incorporated herein by this reference (herein, the "Streets"), including without limitation any and all action(s) customarily and/or usually performed by City in .� connection with the vacation of any street, road or alley, as well as any and all action(s) that are M legally required for the same to be effective. E 2. Indemnity. SANBAG shall, to the maximum extent permitted by law, indemnify, defend (with Q counsel selected by SANBAG]) and hold City free and harmless of, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including without limitation E reasonable attorneys' fees, arising out of, resulting from or related to any action or proceeding filed by any person or entity, served upon the City and relating to the vacation of the Streets, provided that the litigation is pending in a court of competent jurisdiction within three hundred sixty-five (365) days (that is, one (1) year) of the date City actually, fully and finally vacates the w Streets as provided in Section 1 of this Agreement. N a� 3. Intentionally deleted. a� 4. Construction. E U 4.1 The parties acknowledge and agree that the parties have reviewed, and that each a party's counsel have reviewed or had an opportunity to review, this Agreement and that the 014182 Packet Pg. 328 Law Office of Andrew K. Rauch 12526 High Bluff Drive, Suite#300 San Diego,CA 92130 Telephone(858) 792-3408 Facsimile(858) 792-3409 Y c r October 4,2011 "' 06 Mitchell A. Alderman, PE 3 m Director of Transit and Rail Programs SANBAG �- 1170 W. 3rfl Street, 2°d Floor San Bernardino, CA 92410-1715 M If- 0 RE: Bruce Hefftner and Allgood Shower Door Corporation o U Dear Mr. Alderman: > A Please be advised that this office represents Bruce Hefftner and Allgood Shower Door i Corporation regarding the potential acquisition of its property and/or business related to any public project, including the Redlands Passenger Rail Project. .2 You are kindly requested to direct all communication regarding any potential acquisition of 0- property rights to this office. Requests for inspections,testing, surveying or other similar activities should also be directed here. n You may contact me at the address and telephone numbers listed above. I may also be contacted M via email at andrewkrauch @gmail.com. d c Also, please advise the City of San Bernardino that Mr. Hefftner and Allgood Shower Door Corporation oppose any potential vacation of West 3`d Street. Please copy me on your x correspondence to the City regarding this matter. Thank you. Very truly yo s, J 0 w. N O Q Q 0 ndrew K. Rauch = aD E s Packet Pg.332 normal rule of construction, to the effect that any ambiguities are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or any exhibits, amendments or attachments hereto. Cn 4.2 If any portion of this Agreement is held invalid or inoperative, then, so far as is reasonable and possible, the remainder of this Agreement shall be deemed valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative. CU Cn 4.3 The failure by either party to enforce against the other any term or provision of this 06 Agreement shall be deemed not to be a waiver of such party's right to enforce against the other party the same or any other term or provision. 4.4 Headings at the beginning of each Section are for information purposes only and in shall not be used to limit, expand or otherwise interpret the contents of such Section. W M w- 4.5 Each Section of this Agreement includes all Subsections thereof. ° f o 5. Attorneys' and Other Fees. Should either party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including reasonable attorneys' and other fees, actually incurred in good faith by the prevailing party in connection with such action or proceeding. The term "attorneys' z and other fees" shall mean and include attorneys' fees, accountants' fees, and any and all .0 consultants and other similar fees incurred in connection with the action or proceeding and preparations therefor. The term "action or proceeding" shall mean and include actions, Cn proceedings, suits, arbitrations, appeals and other similar proceedings. The term "attorney's fees" shall include the costs, salaries, and expenses of the City's City Attorney and members of his office. LO ti 6. Entire Agreement. This Agreement embodies the entire Agreement between the parties and M supercedes all prior agreements and understandings relating to the vacation and indemnity set En forth in and/or contemplated by this Agreement. This Agreement may be amended or supplemented only by an instrument, in writing, executed by both parties. M 7. Recitals. The Recitals set forth in paragraphs A, B and C above, immediately following the a preamble, are incorporated into this Agreement as if set forth in full in this Section 7. 8. Time of the Essence. The parties understand that time is of the essence, and that the City's E vacation of the streets as set forth in Exhibit A is a critical path item for SANBAG's Project. X W N a� c a� E s U Q C14182 2 Packet P9.329 in witness whereof, the parties have executed this Agreement effective as of the date first set forth above in this Agreement. w Cn Y r CITY: SANBAG: CITY OF SANBERNARDINO, SAN BERNARDINO ASSOCIATED Cn a California Municipal Corporation GOVERNMENTS, a public agency existing under the laws of the State of California, acting -� in its capacity as the San Bernardino County 3 Transportation Commission and the San m Allen Parker, Bernardino County Transportation Authority N City Manager � M By. a tmond Wolfe o ecutive Director GAL FORM: AIRCtVl=13 AS�'t}1, L 1 -- to El een Monag an Telc ert = General Counsel U daft' l '7 /` ( LO ti M M Cn .a L M E 0) Q A E N C i L X W O d C N E t V tC r Q 014182 3 Packet Pg. 330 6.A.e m FM uj p iJ.!_L11L11 a I I C i Y Z I I 1 I m i i i i 06 � m 3 i� z QW co W O� U U - fn LLJ N I O m �tZ 3tY1SbMN1 U _ &S r IL I U)U 3mW I 5 3co I W M 111 I Cl) E I I 1 Q It LL E 1 1000 1 Nis 0 3W In c F Q v ,OOS�! 31Y;1S a Packet Pg. 331 EXH19rr B SHEET 1 OF 4 THIRD STREET RIGHT-OF-WAY VACATION CITY OF SAN BERNARDINO, CA GE BASIS OF BEARINGS A.Q.C. INDICATES POINT OF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE T.P.OB. INDICATES TRUE POINT OF BEGINNING CALIFORNIA COORDINATE SYSTEM, ZONE 5, CCS83, Y (EPOCH NSRS-2007) AS DETERMINED LOCALLY BY A (R) INDICATES RADIAL BEARING LINE BETWEEN CONTINUOS OPERATING REFERENCE INDICATES PORTION OF THIRD STREET, STATIONS (COBS) "BMRY" AND "P612" BEING NORTH VACATED. 51-1541- WEST (GRID) AS DERIVED FROM GEODECTIC u7 VACA71ON B-1 = 14,568 SQ. FT. VALUES PUBLISHED BY THE CALIFORNIA SPATIAL VACA71ON B-2 = 19,362 SQ, FT. REFERENCE CENTER (CSRC) AND/OR NATIONAL GEODETIC SURVEY (NGS), RESPECTIVELY. DISTANCES 3 SHOWN ON THIS SURVEY ARE GRID DISTANCES IN U.S m SURVEY FEET. TO OBTAIN GROUND LEVEL DISTANCES, r MULTIPLY DISTANCES BY 1/0,99993920. BEARINGS FROM REFERENCE DEEDS/MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. �- 0 FOURTH ST. o (SANBAG) HISTORIC I , ( I ( I VA CA noN B-2 ° > DEPOT GROUNDS THIRD�ST.� SEE SHEET 4 cn !a' 2 SECOND ST. a VA047ION a-1 ' ® ti RIALTO AVE. A � IL SEE SHEETS 2 & 3 a RIALTO AVE. f tr SANBAG ti LAND M CONGRESS yk bp.d ke 1122-X31-14 f i w FL i i I a i f B. SCOTT EDKINS, L.S. 7696 DATE I i PLAN No. 13013 MILL S7REET Approve DESIGN CONSULTANTS $m0*P GA@2101 I? Planning I Landscape Architecture I Engineering I Survey e10j"71 rr e102MA wr x City Engineer Date: Y_vNDRY A-7150\30 5 T 3833—mv sT k K ST VAn, Packet"Pg. 333 6.A.g EXHIBIT B SHEET 2 OF 4 THIRD STREET RIGHT—OF—WAY VACATION CITY OF SAN BERNARDINO, CA -! FIANCHo SAN � 8EF3NA,9DIN0 � 1V1B 7/:2 SEE SHEET 3 I � LOT 6 BL(7i1C LOT 4 RAILROAD I LOT 3 c I VACATED PER DOC. in NO. 2001-0248300 'o7 26"E' N8 0 I c5 �w «s INIRD 342-48 Sr i DEDICATED PER Cn 0 57 117'50 w MAP BK. 7, PG. 2 _ a! LOT 14 B-1 L3 I ,, cn APN �- C2 bt Q 0 0138-271-02 0 MH 7/2 PCL. 3, BK. L2 ,'` APN LOT �8 N o 4805, PG. 81 Y BL lJ CK 1 6 APN 0138-261-07 y't �` 0138-271-01 MB 7/2 I R N8937'54"E PCL. 2 OF DOC. f ,, L PARCEL 2 OF BLOCK 18 0 4 20.53' NO. 92-514402 °�,° 1 L9 BK. 622, PG. 157 TAOI.d APN 0138-261-01 _ N8937'54"E LOT 16 y 114'19' GRANTED PER I S89'35'05"W 226.18' BK. 422, PG. 238 a - �— APN 0138-271-21 vn PARCEL 1 OF THIRD STREET BK, 622, PG 157 o: APN 0138-271-20 P.O.C. M RANCHO SAN BEFANAMD)NO I LO SOUTHWEST CORNER _v M APN 0138-271-19 PCL. 3, BK. 4805, PG. 81, 0.R. M3 71: 7 M PAFfC�I. ( APN 0138-271-18 rn PM 184-11 PMS :2:28/69 0 25 EiL1JCK Jv � LINE TABLE _ LINE BEARING LENGTH CURVE TABLE E LINE BEARING LENGTH L6 3002455"E 11.22' CURVE DELTA RADIUS LENGTH v L1 N3435'24"E 91.42' L7 S29'4428"W 27.76' C1 5502'30" 132.08' 126.88' L2 N8924'13"E 4.76' L8 S00'2455"E 10.81' C2 51'48'43" 2.00' 1,81' `s L3 N3735'30"E 16.09' L9 S39'59'42"E 8 79' C3 39'51'54" 208.00' 144.72' L4 N77'2724"E 58.68' L 10 S44'40'29"W 36.63' C4 02'40'02" 1898.28' 88.37' L5 S59't7'28"W 16.34' L 11 NJ717'07"W 14.51' C5 09'2837" 336.00' 5558' C6 12'JO'56" 190.00' 40.40' Tai a saws 92101oo PROJECT DESIGN CONSULTANTS m�. A��"� PLAN N o. 13 013 Planning I landscape Archkeawre 1 Engineering I Survey MUMM71 T.I m9.]J+.oDlerax £, 3833 St1R Y_ f1RY St1Rtfi 11 tYG F'1, i 5 R VACA 11 NS 3R0 SIR_.T\3833-310 10 St &t K S ACA I/ON - S 1 r 2 c4 FPacket Pg. 334 EXHIBIT B SHEET 3 Of 4 THIRD STREET RIGHT-OF-WAY VACA11ON CITY OF SAN BERNARDINO, CA RANCIA0 BAN 13E~HNARDJNd I MB 7/2 I LOT 3 Cn BLOCK 18 RAILROAD TRACK I LOT 4 10 '28'37" L5 R=336.00' Cn — -- 02.40 024 -N80.07,2 zE - 8, L6 '' 06 VACATED PER OOC. _18982$ 61 NO. 2001-024830 25:6z� , ———~ R L 88.37 r N 3 { 342.48 � m DOC. NO, A S77.17'50tN1 DEDICATED PER 92-519402 - MAP 8K. 7, PG 2 a 0 PCL. 31 r- BK v PG 181QOt��y1 ►� > L2 ,� ,�`�,��, • 4y 1v 11n��Jd ' I APN 0138-271--02 Q LOT J6 APN 0138-271-01 ¢ a. MB 7/2 eP . cc w to rc M BLDOK 16 `� M Q M Cn APN 0138-271-21 k Nk I a T LINE TABLE LINE BEARING LENGTH CURVE TABLE _._._. LINE BEARING LENGTH L6 N89'37'06"E 32.28' CURVE DELTA RADIUS LENGTH Ll N343524"E 91.42' L7 S5917'28"W 16.34' Cl 55'02'30" 132.08' 126.88' 1° L2 N8924'13"E 4.76' L8 S002455"E 11.22' C2 51'48'43" 200' 1.81' a L3 N37'35'30"E 16.09' L9 S29'4428'W 27.76' 0 3951'54" 208.00' 144.72' t4 N7727'24"£ 58.68' L10 S0024'55"E 10.81' C4 12'10'56" 190.00 40 40' L5 NOO'33'06"W 1.45' Lll S39�5942"E 701 a79' 50WAMrs 0 1;0 PROJECT DESIGN CONSULTANTS 6mDYpo,G071Dt PLAN N o 13 013 Planning I Landscape Archheatum I Engineering I Survey s�0.2"71 n,i eta2.aci+erex S R _ ftA S ET VAGAnQN5 3 _ do k S C JtJN ANC. R. FSED,t1SYG Packet Pg. 335 EXHIBIT B SHEET 4 OF 4 THIRD STREET RIGHT-OF-WAY VACA11ON CITY OF SAN BERNARDINO, CA 0 0 A RAN C1-1O BAN Bj�FINAAD1NO y I MB 7/2 Y BLOCK 16 LOT I � I I t RAILROAD TRACK ( U) I I 0a LOT 3 ( LOT 2 -- C I SANBA0 i' APN 0138-231-11 0 4- M I NWI5'25"W R Z ° O Q Q Q 0O N89'37'OS"E 28a 34' �104 A 78 48'38" L1 THIRD STREET > R=74.00 _ - VAGATIDN 8-2� °� uy L=101.79 _ -��- --,�-�- DEDICATED PER _ _j__ S87'53'4,3"W (R L2 MAP BK. 7, PG 2 ~- 579'33' 6�'E (R) SU P.OI.� S8937'06"W 24466' 1 _ I I " T.P.0. � APN 0136-273-03 I ( `-' I NORTHWEST CORNER � .� BLOCK 1,FMB 3/79 N89371 Q6 1E $ 7 AFN j a 1 I 5.36 1 0138-273-04 I i 2 I 41.25'41.25 0 `�� � 2 s I MOCK I2 APN 0138-273-01 "� I � I ,r; � I I CA7�l �B i BUCK M -- - - BROADWAY ST 0 M 5UBDJOSION CAF3'T5A'S 30' St,110 BION At1B 3/76 y i ms 1 3/76 C ----- ^1 I I LINE TABLE U UNE BEARING LENGTH a L1 S70 45 37 E 612 L2 SOO'21'53"E 0.39' CURVE TABLE PLAN No. 13 013 CURVE DELTA IRADIUSILENG771 >01 a stw oft am 01 4928'16" 53.75' 46.41' PROJECT DESIGN CONSULTANTS 6.nMm%CAe2101 Planning I Landscape Architecture I Engineering I Survey 81D.M WI TW C2 5637'46" 1 48.00' 1 47.44' 5023030W Y_ 5 fl S IREE T N M U_30 S r&K S T VA CAI ION — 51IT 2 & 4—REWS fo` f)wo Packet Pg. 336 WFI W. BELLEVIEW ST. r T W. CONGRESS ST. F- cn r = �A um, ak„�:, ILL” tw.� p