HomeMy WebLinkAbout06.A- Public Works RESOLUTION (ID#3375) DOC ID: 3375 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Frossard M/CC Meeting Date: 09/02/2014
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. (At Meeting of August 18, 2014, Item Continued to September 2,
2014) (#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.
The hearing remains open.
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 "P' 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
err.
Updated: 8/19/2014 by Linda Sutherland F I Packet Pg. 687
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Street at the intersection with "K" Street, and setting a public hearing for August
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 3`d Street
between "J" Street and "I" Street, and a portion of 3`d Street at the intersection with "K" Street.
The portion of 3`d 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 3`d 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 3`d Street crossing that will provide adequate access and
traffic circulation.
The portion of 3`d 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 3`d 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 3`d 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.
Updated: 8/19/2014 by Linda Sutherland F Packet Pg. 688
3375
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 (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)
Updated: 8/19/2014 by Linda Sutherland F Packet Pg. 689
3375
Reso -Indemnity Agmt, 3rd St. (DOC)
Reso Exh 1 - Indemnity Agmt, 3rd St. (PDF)
Opposition Letter-Hefftner (PDF)
Plan 13013 (PDF)
Traffic Reroute Exhibit (PDF)
Updated: 8/19/2014 by Linda Sutherland F Packet Pg. 690
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1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY -o
3 OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 3an
STREET BETWEEN "J" STREET AND "I" STREET, AND A PORTION OF 3" Cl)
4 STREET AT THE INTERSECTION WITH "K" STREET, AND RESERVING as
5 UTILITY EASEMENTS THEREIN.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE m
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CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. Proceeding under and in accordance with the "Public Streets, 6
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9 Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California Streets
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and Highways Code, the Mayor and Common Council of the City of San Bernardino, having
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11 heard the evidence offered in relation to the proposed vacation of a portion of 3rd Street
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13 between "J" Street and "I" Street, and a portion of P Street at the intersection with "K" a
14 Street, described in Resolution of Intention No. 2014-263, hereby find from all of the �
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15 evidence submitted that proper notice has been given and that such streets proposed to be
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16 vacated by this Resolution are unnecessary for present and prospective street purposes.
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1 SECTION 2. The Mayor and Common Council does hereby vacate that portion of 2
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3rd Street between "J" Street and "I" Street, and that portion of 3 rd Street at the intersection a:
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20 with "K" Street, as described on each of the legal descriptions attached hereto and
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21 incorporated herein as Exhibit "A" and depicted on each of the maps attached hereto and c
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22 incorporated herein as Exhibit`B".
23 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
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existing easement for public utility purposes belonging either to the City of San Bernardino or o
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to any public utility that existed prior to these vacation proceedings; and there is hereby
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27 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, an E
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28 easement for sanitary sewer and appurtenant facilities over the north half portion of 3rd Street a
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1 proposed to be vacated, including the right at any time, or from time to time, to construct,
2 maintain, operate, replace and renew said sewer or appurtenances and shall include the right
3 of ingress and egress thereto; and there is hereby specifically reserved for the City of San
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4 Bernardino, its successors, heirs and assigns, an easement for a storm drain and appurtenant 06
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facilities over the east half portion of "K" Street extension intersecting with 3r Street �.
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7 proposed to be vacated, including the right at any time, or from time to time, to construct,
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8 maintain, operate, replace and renew said storm drain or appurtenances and shall include the o
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9 right of ingress and egress thereto; and there is hereby specifically reserved for Southern
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California Edison, its successors, heirs and assigns, an easement over the entire portion of
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3rd Street at the "K" Street intersection proposed to be vacated, to construct, place, operate,
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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
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16 easement shall include rights of ingress and egress; and there is specifically reserved for
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17 Southern California Gas Company, its successors, heirs and assigns, an easement over the o
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entire portion of 3rd Street east of the railroad tracks proposed to be vacated, to construct, W
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20 place, operate, inspect, maintain, repair and replace underground pipes and necessary
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21 fixtures and appurtenances and said easement shall include rights of ingress and egress; and c
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22 there is hereby specifically reserved for the City of San Bernardino Municipal Water
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23 Department, an easement for water utility purposes over the entire portion of 3rd Street c
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proposed to be vacated, including the right at any time, or from time to time, to construct, O
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maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the
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I 27 transportation of water and for the construction and maintenance of water wells and related t
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28 incidental purposes, including the right of ingress and egress thereto; and there is hereby Q
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1 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
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3 vacated, as described and depicted in Exhibit"C", attached hereto and incorporated herein.
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4 SECTION 4. It is hereby determined that the vacation of said street is categorically
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exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant
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to Class 1, Section 15301(c).
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8 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy c
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9 of this Resolution with the San Bernardino County Recorder's office after certain conditions
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set forth by the City Engineer are met.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 3RD N
2 STREET BETWEEN "J" STREET AND "I" STREET, AND A PORTION OF 3"
STREET AT THE INTERSECTION WITH "K" STREET, AND RESERVING =
3 UTILITY EASEMENTS THEREIN.
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and xs
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Common Council of the City of San Bernardino at a meeting thereof,
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held on the day of , 2014,by the following vote, to wit: Cn
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8 Council Members: AYES NAYS ABSTAIN ABSENT 0
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9 MARQUEZ
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BARRIOS
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11 VALDIVIA d
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14 NICKEL
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15 JOHNSON
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16 MULVIHILL
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Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2014.
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22 R. CAREY DAVIS,Mayor
23 City of San Bernardino
Approved as to form: c
24 GARY D. SAENZ, City Attorney
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EXHIBIT A
LEGAL DESCRIPTION Y
THIRD STREET RIGHT-OF-WAY VACATION
VACATION B-1 Cn
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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 in
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 c
California, more particularly described as follows: 2
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; M
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 U)
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 ti
the Northwest; thence Northeasterly along the arc of said curve, through a central angle of M
51048'43", a distance of 1.81 feet; thence North 37°35'30" East, 16.09 feet to the
beginning of a tangent 208.00 foot radius curve concave to the Southeast; thence
Northeasterly along the are of said curve, through a central angle of 39°51'54", a distance
of 144.72 feet; thence North 77°27'24" East, 58.68 feet to the beginning of a tangent N
1898.28 foot radius curve concave to the Southeast; thence Northeasterly along the arc 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 arc of said curve, through a central angle
of 09°28'37", a distance of 55.58 feet; thence North 00 033'06"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
said Southerly vacation line and along said Northerly right-of-way line North 89°37'06" 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 u
Southwesterly along the arc of said curve, through a central angle of 34°29'28", a distance
of 114.38 feet; thence non-tangent to said curve South 59°17'28"West, 16.34 feet; thence E
South 00°24'55" East, 11.22 feet; thence South 29 044'28"West, 27.76 feet; thence South
00°24'55" East, 10.81 feet; thence South 39°59'42" 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
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bears North 80°04'46" West; thence Southerly along the arc of said curve, through a
central angle of 12°10'56", a distance of 40.40 feet; thence South 44°40'29" West, 36.63 N
feet; thence South 89°35'05" West, 226.18 feet; thence North 37°17'07" West, 14.51 feet
to the True Point of Beginning.
Said parcel contains 14,568 square feet or 0.334 acre, more or less.
VACATION B-2
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 =
thereof recorded in Map Book 3, Page 79 of Official Records of said County; thence along G
the Northerly line of said Block 1 and the Southerly right-of-way line of said Third Street,
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 79 033'36" East; thence leaving said Southerly right-of-way line and L
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 89 037'06" 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 40 015'25" 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 a
of 46.41 feet; thence South 70°45'37" 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 ti
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 N
point on said Southerly right-of-way line of Third Street; thence along said Southerly right-
of-way line, South 89 037'06"West, 244.66 feet to the True Point of Beginning. a.
N
Said parcel contains 19,362 square feet or 0.444 acre, more or less.
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Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof. to
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. x
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EXHIBIT B SHEET 1 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
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LEGEND BASIS OF BEARINGS
P.O.C. INDICATES POINT OF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
TP.11.8. INDICATES TRUE POINT OF BEGINNING CALIFORNIA COORDINATE SYSTEM, ZONE 5, CCS83, N
(EPOCH NSRS-2007) AS DETERMINED LOCALLY BY A -
(R) INDICATES RADIAL BEARING LINE BETWEEN CONTINUOS OPERATING REFERENCE
INDICATES POR77ON OF THIRD STREET, STATIONS (CORS) "BMRY".AND "P612" BEING NORTH 3
VACATED. 51-1541- WEST (GRID) AS DERIVED FROM GEODECTIC m
VACATION B-1 = 14,568 SQ. FT. VALUES PUBLISHED BY THE CALIFORNIA SPATIAL r
VACATION B-2 = 19,362 SQ. FT. REFERENCE CENTER (CSRC) AND/OR NATIONAL 'a
GEODETIC SURVEY (NGS), RESPECTIVELY. DISTANCES
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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
REFERENCE DEEDS/MAPS MAY OR MAY NOT BE IN
7ERMS OF SAID SYSTEM. >
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Planning I Landscape Architecture I Engineering I Survey 619M5.9471 rel
SURVEY_BNDRY SURVEY OYIG PLATS S7REE VACA IONS 3R0 STREET 3833-3R0 ST& K ST VACA ON — SNT i—REWSEO.DWB
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EXHIBIT E SHEET 2 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
FJANCHO SAN i B5RNAFiD1NO I
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SEE SHEET 3 I `�
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BLOCK � 1�
LaT B LOT 4 RAILROAD I La7 3
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L _THIRD 342.48 ST: -
DEDICATED PER a
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LOT 14 VACATION B-1 L3 I ,ry4�a APN >
Al1B 7/2 PCL. 3, BK. 2 �` ��k 0 LOT 01638-271-02 z Cn I &
PG.BLDG'< 1v APN801JB-268107 � ���� 0138-271-01 M13 7/2
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PCL. 2 OF DOC L PARCEL 2 OF BLOCK 15 0 0 `� I
20.53' N0. 92-514402 00 B K.L9 BK 622, PG. 157
P.O.B. APN 0138-261-01 ?
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N8937'54"E LOT 16
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S89 35'05"W 226.18' I BK. 422, PG. 238 I,
APN 0138-271-21 M
PARCEL 1 OF _ I �
THIRD STREET BK. 622, PG. 157 APN 0138-271-20 c
P.0 C. W FM CJ- O CAN SE�RNARDJNO I _
SOUTHWEST CORNER
PCL. 3, BK 4805, APN 0138-271-19
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LINE TABLE LINE BEARING LENGTH _ CURVE TABLE w
LINE BEARING LENGTH L6 S002455"E 11.22' CURVE DELTA RADIUS LENGTH m
L1 N343524"E 91.42' L7 S29'4428"W 27.76' C1 55'02'30" 132.08' 126.88'
L2 N8924'13"E 4.76' L8 S00�2455"E 10.81' C2 5148'43" 2.00' 1.81'
L3 N3735'30"E 16.09' L9 S3959'42"E 8.79' C3 3951'54" 208.00' 144.72' E
L4 N7727'24"E 58.68' L10 S44'4029"W 36.63' C4 02'40'02" 1898.28' 88.37'
L5 S59'1728"W 16.34' 01 N3777'07"W 14.51' C5 09'2837" 336.00' 55.58' a
C6 12'10'56" 1190.00' 1 40.40'
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Planning I Landscape Architecture I Engineering I Survey 0192MM71 M
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EXHIBIT E SHEET 3 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
RANGAD GAN Brr3NARDING I Y
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LINE BEARING LENGTH L6 N89'37'06"E 32.28' CURVE DELTA RADIUS LENGTH
L1 IV34'35'24"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 S00'24'S5"E 11.22' C2 51'48'43" 2.00' 1.81'
L3 N3735'30"E 16.09' L9 S29 4428"W 27.76' C3 39'51'54" 208.00' 144.72' E
L4 N772724"E 58.68' L10 S00'24'55"E 10.81' C4 12'10'56" 190.00' 40.40' 0
L5 N00 33'06"W 1.45' L 11 S395942"E 8.79' a
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EXHIBIT B SHEET 4 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
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EXHIBIT A
LEGAL DESCRIPTION
THIRD STREET RESERVATION FOR RAILROAD FACILITIES Y
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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 N
of San Bernardino County, in the City of San Bernardino, County of San Bernardino, State -
of California, more particularly described as follows:
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
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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
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
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 M
beginning of a tangent 533.51 foot radius compound curve concave to the Southwest; _
thence Northwesterly along the are of said curve, through a central angle of 06°34'44", a
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 are of said curve, through a
central angle of 05 01520", 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
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 M
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 46 017'35", 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 arc of said curve, through a central
angle of 08°45'20", a distance of 73.67 feet to the True Point of Beginning.
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Said parcel contains 9,459 square feet or 0.217 acre, more or less. r
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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 w
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.
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EXHIBIT E SHEET 1 OF 2
THIRD STREET RIGHT-OF-WAY RESERVATION
FOR RAILROAD FACILITIES
CITY OF SAN BERNARDINO, CA r
LEGEND BASIS OF BEARINGS Y
P.0C, 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, CCS83, in LOCALLY BY A -
EPOCH(R) INDICATES RADIAL BEARING LINE BETWEEN2 CON 1NUOST OPERATING REFERENCE 06
INDICATES PORTION OF THIRD STREET, STATIONS (CORS) "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 Co
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
REFERENCE DEEDS/MAPS MAY OR MAY NOT BE IN
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EXHIBIT. B SHEET 2 OF 2
THIRD STREET RIGHT—OF—WAY RESERVATION
FOR RAILROAD FACILITIES
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L1 N89 37'06"E 41.93' C3 0130'37" 587,96' 15.50' a
7018 stns SUb OW C4 1 06 3444" 1 533.51'1 61.26'
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1 RESOLUTION NO.
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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 N
AVENUE AND THOSE PORTIONS OF THE EAST-WEST ALLEYS AND ONE Cn
5 NORTH-SOUTH ALLEY, BETWEEN RIALTO AVENUE AND 3RD STREET,
TOGETHER WITH A PORTION OF 3RD STREET BETWEEN "J" STREET AND "I" ;
6 STREET, AND A PORTION OF 3RD STREET AT THE INTERSECTION WITH "K" m
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STREET. N
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE c
CITY OF SAN BERNARDINO AS FOLLOWS: c
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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
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12 capacities as the San Bernardino County Transportation Commission and the San Bernardino =
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13 County Transportation Authority(SANBAG), in relation to the proposed vacation of a portion a'
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14 of"I" Street south of Rialto Avenue and those portions of the east-west alleys and one north- a
15
south alley, between Rialto Avenue and 3rd Street, together with a portion of 3rd Street ti
16 M
17
between "J" Street and "I" Street, and a portion of 3rd Street at the intersection with "K"
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18 Street. rn
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19 SECTION 2. The City Manager is hereby authorized and directed to execute on
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20 behalf of the City said Indemnity Agreement, a copy of which is attached hereto and M
21
incorporated herein as Exhibit"1". a
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23 SECTION 3. The authorization to execute the above-referenced Indemnity r_
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24 Agreement is rescinded if the parties fail to execute it within ninety (90) days of the passage S
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25 of this Resolution. N
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AN INDEMNITY AGREEMENT WITH THE SAN
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2 BERNARDINO ASSOCIATED GOVERNMENTS RELATING TO THE PROPOSED �e
VACATION OF A PORTION OF "I" STREET SOUTH OF RIALTO AVENUE AND
3 THOSE PORTIONS OF THE EAST-WEST ALLEYS AND ONE NORTH-SOUTH
ALLEY, BETWEEN RIALTO AVENUE AND 3" STREET, TOGETHER WITH A
4 PORTION OF 3RD STREET BETWEEN "J" STREET AND "I" STREET, AND A
5 PORTION OF 3" STREET AT THE INTERSECTION WITH "K" STREET.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor m
7 and Common Council of the City of San Bernardino at a meeting W
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8 thereof,held on the day of , 2014,by the following vote,to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
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12 BARRIOS
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VALDIVIA a
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SHORETT
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Georgeann Hanna, City Clerk '
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22 The foregoing resolution is hereby approved this day of 2014. a
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24 R. CAREY DAVIS, Mayor
25 City of San Bernardino
26 Approved as to form: c
GARY D. SAENZ, City Attorney E
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INDEMNITY AGREEMENT
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This Indemnity Agreement ("Agreement") is made and entered into as of this _ day of CO
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 in
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 3
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 a)
("Project");
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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 v
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. z
2
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
attached hereto and incorporated herein by this reference (herein, the "Streets"), including
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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.
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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. o
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3. Intentionally deleted.
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4. Construction. E
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
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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.
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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.
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4.3 The failure by either party to enforce against the other any term or provision of this
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. 3
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4.4 Headings at the beginning of each Section are for information purposes only and cYn
shall not be used to limit, expand or otherwise interpret the contents of such Section.
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4.5 Each Section of this Agreement includes all Subsections thereof. 0
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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 c
ail 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' (D
and other fees" shall mean and include attorneys' fees, accountants' fees, and any and all 2
consultants and other similar fees incurred in connection with the action or proceeding and 3
preparations therefor. The term "action or proceeding" shall mean and include actions, a.
proceedings, suits, arbitrations, appeals and other similar proceedings. The term "attorney's re
fees" shall include the costs, salaries, and expenses of the City's City Attorney and members of a:
his office.
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6. Entire Agreement. This Agreement embodies the entire Agreement between the parties and
supercedes all prior agreements and understandings relating to the vacation and indemnity set
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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
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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 d
vacation of the streets as set forth in Exhibit A is a critical path item for SANBAG's Project. _
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in witness whereof, the parties have executed this Agreement effective as of the date first set
forth above in this Agreement.
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CITY:. SANBAG: �
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CITY OF SANBERNARDINO, SAN BERNARDINO ASSOCIATED
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 in
City Manager W
By: 0
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AP ROVED As To-4"'GAL FORM: °!
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EI een Mona Teichert x
General Counsel
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Law Office of Andrew K. Rauch
12526 High Bluff Drive, Suite#300
San Diego, CA 92130
Telephone(858)792-3408 co
Facsimile(858) 792-3409 Y
October 4,2011
_
Mitchell A. Alderman,PE 3
Director of Transit and Rail Programs SANBAG 0°
1170 W. 3rd Street, 2nd Floor
San Bernardino,CA 92410-1715
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RE: Bruce Hefftner and Allgood Shower Door Corporation o
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Dear Mr.Alderman: >
Please be advised that this office represents Bruce Hefftner and Allgood Shower Door L
Corporation regarding the potential acquisition of its property and/or business related to any
public project, including the Redlands Passenger Rail Project.
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You are kindly requested to direct all communication regarding any potential acquisition of a
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property rights to this office. Requests for inspections,testing,surveying or other similar
activities should also be directed here.
You may contact me at the address and telephone numbers listed above. 1 may also be contacted M
via email at andrewkrauch @gmail.com.
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Also,please advise the City of San Bernardino that Mr. Hefftner and Allgood Shower Door
Corporation oppose any potential vacation of West 3rd Street. Please copy me on your =
correspondence to the City regarding this matter. Thank you.
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Very truly yo s,
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CITY OF SAN BERNARDINO, CA
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P.O.C. INDICA7ES POINT OF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
T.P,0.8. 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
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VACA7ED. 51-1541- WEST (GRID) AS DERIVED FROM GEODECTIC Cn
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VACA71ON B-2 .= 19,362 SQ. FT. REFERENCE CENTER (CSRC) AND/OR NATIONAL
GEODETIC SURVEY (NGS), RESPECTIVELY. DISTANCES
SHOWN ON THIS SURVEY ARE GRID DISTANCES IN U.S m
SURVEY FEET. TO OBTAIN GROUND LEVEL DISTANCES,
MULTIPLY DISTANCES BY 110.99993920. BEARINGS FROM
REFERENCE DEEDS/MAPS MAY OR MAY NOT BE IN
TERMS OF SAID SYSTEM. �-
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B. SCOTT EDKINS, L.S. 7696 DATE
PLAN No. 13013 MILL S7REET -'
Approved:
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PROJECT DESIGN CONSULTANTS ano*w rAaatot
Planning I Landscape Architecture I Engineating I Survey 01BaJ6o1I1 TN
elm4.—r- City Engineer Date:
833 SURVEY BNDRY SUI? _OVIC PtA ST CA 0 S 3RD S7REET 3833_'! & K ST VACATION — -94T I—REW5
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EXHIBIT B SHEET 2 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
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RANCHO BAN � REFiNARDM) �
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20153' NO. 92-514402- °�,° L9 BK. 622, PG. 157 I
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589:35'05"W 226.18' BK. 422, PG. 238
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LINE TABLE LINE BEARING LENGTH CURVE TABLE E
LINE BEARING LENGTH L6 500'2455"E 11.22' CURVE DELTA RADIUS LENGTH
L 1 N3435'24"E 91.42' L7 S29'4428"W 27.76' C1 55'02'30" 132.08' 126.88' Cu
L2 N8924'13"E 4.76' L8 S00'2455"E 10.81' C2 5148'43" 2.00' 1.81'
L3 N3735'30"E 16.09' L9 S395942"E 8.79 C3 39'51'54" 208.00' 144.72'
L4 N77'2724"E 58 68' 00 S44'40'29"W 36.63' C4 02'40'02" 1898.28' 88.37'
L5 S5977'28"W 16.34' L11 N3717'07"W 1 14.51' C5 09'2837" 336.00' 55.58'
C6 12'10'56" 190.00' 40.40'
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PROJECT DESIGN CONSULTANTS a.�advacAazim PLAN N o. 13 013
Planning I Landscape Archlteawre I Enpinaering I Survey mama Fral
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EXHIBIT B SHEET 3 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
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RANCHO BAN 8. FRNARDJNO
M13 7/2 LOT 3
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LOT 4 - = X09`2837"
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VACATED PER DOC. _ R�1898.28 61,411
NO. 2001-024830 . _ e
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LINE TABLE_ _ LINE BEARING LENGTH CURVE TABLE E
LINE _BEARING LENG]N L6 N8937'06'E 3_2.28' CURVE DELTA I RADIUS LENGTH
L1 N343524"E 91.42' L7 S597728"W 16.34' Cl 55'02'30" 132.08' 126.88' B
L2 N8924'13"E 4.76' L8 S00'2455"E 11.22' C2 51'48'43" 2.00' 1.81' Q
L3 N373530"E 16.09' L9 S29'44'28"W 27.76' C3 3951'54" 208.00' 144.72'
L4 N77'27'24"E 58.68' L10 S0024'55"E 10.81' C4 12'10'56" 190.00' 40.40'
j L5 N0033'06"W 1.45' L11 S39'5942"E 8.79'
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Planning I IandscapeArchReMure I Engineering I Survey PLAN N o. 7 3 013
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EXHIBIT B SHEET 4 OF 4
THIRD STREET RIGHT-OF-WAY VACATION
CITY OF SAN BERNARDINO, CA
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PLAN No. 13 013 CURVE DELTA RADIUS LENGTH
>o,e stros suns eoo C1 4978'16" 53.75' 46.41'
PROJECT DESIGN CONSULTANTS Ban ttteokrAW10t
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