HomeMy WebLinkAboutS4- Public Works CI'T'Y OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No. 4 . 1761
From: Roger Hardgrave Subject: Authorization to Execute Right-of
Entry -- Improvement of Bailey
Dept: Public Works Creek, South of Ohio Avenue
Date: 11-13-96 ORIG 6"
Synopsis of Previous Council action:
04-03-89 - City Attorney directed to file a Petition for Intervention with
the Federal Energy Regulatory Commission.
08-17-92 - Memorandum of Understanding with Department of Water Resources,
which among other things , included the construction of Bailey
Creek and the north half of Ohio Avenue , approved.
09-08-92 - Revised Memorandum of Understanding approved.
02-05-96 - Resolution No . 96-31 adopted authorizing execution of Streambed
Alteration Agreement , and Negative Declaration and Mitigation Plan
adopted.
Recommended motion:
That the Mayor be authorized to execute a Right-of-Entry across
the City parcel , on the southeast corner of Ohio Avenue and Olive
Street , to allow the Department of Water Resources to improve
Bailey Creek
cc: S. Clark
Signature
Contact person: Roger Hardgrave Phone: 5025
Supporting data attached: Staff Report & Right-of-Entry Ward: 5
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
A Al/
11-18-96 (Suppl ) Agenda Item No. S-#1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The California Department of Water Resources have
prepared plans for construction of a debris basin for
Bailey Creek, and improvement of the natural channel
south to Walnut Street
The plans were prepared in accordance with the Memorandum
of Understanding entered into by the City and Department
relative to construction of the second afterbay.
Permanent right-of-way for the channel will be acquired
at a later date.
Since the portion of the creek south of Ohio Avenue is
outside the area covered by the Memorandum of
Understanding the Department of Water Resources will
expect to be reimbursed for the cost.
We recommend that authorization be granted to execute a
Right-of-Entry across this City parcel.
URGENCY CLAUSE: Rights-of-Entries will need
to be executed by owners of the additional
rights-of-way required for the project, in
order to allow advertising for bids to be
commenced.
11-13-96
75-0264
State of California DEPARTMENT OF WATER RESOURCES The Resources Agency
Division: East Branch Enlargement
Feature: Devil Canyon
Parcel No.:APN 0261-082-01 (EBE-86)
RIGHT OF ENTRY
Permission is hereby granted to State of California,Department of Water resources, its agents and
contractors,to enter upon land in the County of San Bernardino,as outlined in yellow on the attached map for
the purpose of constructing State Water Project facilities, drainage canal appurtenances,and incidents.thereto
subjects to the following conditions:
1. This permission is hereby granted to allow the State to construct facilities on property owned and controlled by
the City of San Bernardino, identified as a strip of land,approximately 125 feet wide and approximately 60
feet long,over and across San Bernardino County Assessor's Parcel No. 0261-082-01 as shown on the attached
map
2. The State will,without unnecessary delay,negotiate with the undersigned and any other person,having any
right,title or interest in said property,to agree upon terms and conditions of this transaction.
3. Upon completion of construction and acceptance of improvements by City, State will provide a legal
description of said improvements,and a copy of contract drawings.
4. The effective date of possession shall be the date accepted by State,as written below.
5. The Department agrees to indemnify and hold harmless the permittor,and to repair or pay for any damage
caused by reason of the negligence of State during the conduct of activities authorized by this permit,except
those arising out of negligence of Permittor.
6. This permission and the rights granted herein are exclusive and irrevocable unless otherwise provided herein.
This permission shall continue in effect throughout negotiations,or until 90 days after State has been
requested in writing by the undersigned to commence eminent domain proceedings.
Where a condemnation action is commenced,this permission shall extend until final determination of said
action.
Permittor Name and Address: Recommended for Approval:
City of San Bernardino
300 N. "D"Street Land Agent
San Bernardino,CA 92418
Senior Land Agent
y_
Mayor
ACCEPTED:
Date: State of California
The Resources Agency
Phone:Number: (909)384-5111 Department of Water Resources
by:
Date:
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