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HomeMy WebLinkAboutRS02-Redevelopment Agency - R~VELOPMENT AGENCY -Fko:QUEST FOR ~~MMISSION/COUNCIL AC (ION From: Glenda Saul, Executive Director Subject: RECIPROCAL EASEMENT AGREEMENT - STATE COLLEGE _ _pt: Redevelopment Agency Date: January 16, 1985 Synopsis of Previous Commission/Council action: 12-17-84 Resolution 4695 authorized execution of golf course lease with Shandin Hills Golf Club. Recommended motion: (COMMUNITY DEVELOPMENT COMMISSION) RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING TIlE EXECUTION OF A RECIPROCAL EASEMENT AGREEMENT AMONG TIlE CITY OF SAN BERNARDINO, SHANDIN HILLS GOLF CLUB AND BLOCK BROS., RELATIVE TO TIlE GRANTING OF SPECIFIC EASEMENT RIGHTS. 4d4~/- Signature GLENDA SAUL Contact person: FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 6 Ward: SC Project: Date: January 21, 1986 Supporting data attached: YES No sdverse Impact on City: , ncil Notes: Agenda Item NA-.5- 2- CI' f OF SAN BERNARD~ ~O - REQUl )T FOR COUNCIL AC'. .ON STAFF REPORT Block Bros. is the owner of Lot 6 adjacent to the Shandin Hills Golf Club. They are currently in escrow to sell the property to Property Ventures for the development of a 64,000 sq. ft., three story office building overlooking the golf course. The projected valuation of the completed development is $5 million. As an additional item on the January 21, 1986 agenda, the Commission will be considering the sale of sewer capacity rights to the developer. During survey of Lot 6 it was discovered that the golf course entry driveway off of Bond Street, as well as some fencing and landscaping, were built over the property line of Lot 6, creating an encroachment on property sold to Block Bros. by the prior lessee of the golf course. Block Bros. (with the concurrence of the new purchasers) has agreed to grant an easement to the Agency for this encroachment in exchange for a drainage easement they will need for their proposed development. Once the lot is paved and built upon there will be increased runoff from the lot. The developer is proposing grading the lot onto the golf course parking lot and Bond Street. Numerous meetings have been held with staff, engineering, Hank Bickler, developer and consultant engineer to assure that the added flow will not impact the golf course adversely. Our consultant engineer, Willdan Associates, has met several times with the developers and Mr. Bickler and has determined that the impact upon the golf course should be minimal. Mr. Bickler is satisfied with the results, has reviewed the proposed easement and recommends its approval. Mr. Donald Bergh of Willdan Associates will be present to answer any questions as well as Mr. Bickler, Mr. Dorian Johnson of Block Bros., and a representative from Property Ventures. Staff recommends approval of the Reciprocal Easement ~reement. 1157K/SL 01-21-86 75-0264 WILlDAN ASSOCIATES 0 ENGINEERS & PLANNERS Anaheim, Nawalk, Ventura. Lancaster, San Bernardino and Son DIego. Coliforr\lo December 6, 1985 A'L -- I;). -I' +\ Mr. Olen Jones, Jr. San Bernardino Redevelopment Agency 300 North "D" Street San Bernardino, CA 92418 Re: Shandln Hills Golf Course and Lot 6 of Tract No. 10518 Development Dear Mr. Jones: On November 20, 1985, we received hydrologic and hydraulic calculations pre- pared by Psomas/Harrlson and Associates for the development of Lot 6 of Tract No. 10518 and Its Impact upon the Shandln Hills Golf Course. After a brief review, additional Information was needed. On November 26th, I talked with Mr. Michael Sterns of Psomas/Harrlson about the calculations and he said he would send me the Information. On December 2nd, we received the revised hy- drologIc and hydraulic calculations for Lot 6 of Tract No. 10518 adjacent to the Shandln Hills Golf Course. After reviewing the above Information and a conducting a field review of the site, It appears that the Impact upon the golf course should be minimal. Per the preliminary design, drainage from Lot 6 whIch presently Is outletted Into the golf course will now be redIrected Into the golf course's parking lot, and even with the Increased flow to the development should not break over the crest of the drive Into the low area of the golf course during the 100-year design storm. In the final Improvement plan design, care should be taken to minimize the velocity of flow outlettlng from Lot 6 and provIsions should be provIded to convey any nuisance or Irrigation flows from Lot 6 which could Impact the golf course's parking lot. If you have any questions or If we can be of further assistance, please feel free to call. Sincerely, WILLDAN ASSOCIATES ~~~ Donald W. Bergh DivisIon Manager OWB/ nc (7/{!J cPtj~- &dV E 155 HOSPITALlTYLANE . SUITE 110 . SAN BERNARDINO, CALIFORNIA 92408 . (714) 824.2143 .-----:- Land Planners C:vll Engineers Land Surveyors PSOMAS/HARRISON & ASSOCIATES REC~W~Q~, 2 0 1985 Riverside. California 92501 (714) 787842' November 19, 1985 Mr. Donald Bergh WILLDAN ASSOCIATES 155 Hospitality Lane Suite 110 San Bernardino, California 92408 Ref. 4MAROIOl Re: Shandin Hills Golf Course Dear Mr. Bergh: Enclosed for your review are hydrologic and hydraulic calculations which quantify drainage considerations for the vacant lot (Lot 6, Tract No. 10518) adjacent to the golf course on Bond Street. As we discussed in our meeting of November 5, we have determined the depth of flow of storm water in Bond Street for a 100 year event and find that it does not exceed the top of curb. We would conclude that if water does indeed enter Lot 6 from Bond Street that it must do so by way of the driveway in the adjacent lot, Lot 10, not by overtopping the curb. To help rectify this situation we are proposing a short block wall to direct flows back to Bond Street. The wall will be constructed with the proposed improvements on Lot 6. Our study also shows that the water outlet onto the golf course parking lot, under a developed condition for Lot 6, will not aggrevate the ponding problem that exists on the golf course. Our study shows that runoff will traverse the parking lot in a southerly direction to the parking lot drain on Little Mountain Drive, and will not flow to the low point southerly of Lot 6. Affiliate Office: Santa Monica/Costa Mesa/Sacramento o ~ Willdan Associates Page 2 I trust that you will find this study satisfactory and that you will concur with its conclusions. If you should have any questions regarding the material presented please feel free to contact me. MJS:jb Enclosures cc: Dorian Johnson Jim Ruiz Sincerely, PSOMAS/HARRISON , ASSOCIATES ~~fJ~ Project Engineer " @ \ \ ~ .~I ~. ()' - , aj '"'. .. , ... ~ :;;: ~ - ... ~ ~~ :i._ ~ ~~ ~ 'u~SIIUT 1D1'7 I SH~I!TS I I I <1/1'411' ..... -'" " i6.74' is.08' 18.34' ~.24' '" \ \ ~ 'J<tI.N'4. ~~.IN.~ .~~ ~ -,~ ~ ~\'\ \\\ ~ ,... 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CI) e~ 8~t lI)u "d L- w;!":,, r- w;::"IEI ~ ;~~= it .... eN" ~ o ~~. .!! o .: ''''':1 &I.. !!II! .~~ ~ w 5 .-.. a: ft.. .. c: ~~~ : ~ ....~ ,,; el;~~= ~ ~ :.:.; " : ~~; I : 5 iii.. :i CD 020 :;- g .o~ ~ ...... : ::I: I- :J o en en ..J ..J 5: o::I: ~. 7J i~ ------- - ---- ---~-- '..,J' W >\ ,W \ \~\ W 1-, -\. en~ I- en <C w > b - ;" .. ;" b :I: ::I: CJ) l- I- a: ::J Z 0 0 0 z en - l- I- en <( w > == W ..J W 19 wit: 20 21 22 . 23 I 24 25 26 2i of 28, 1 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 Ii 18 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RECIPROCAL EASEMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, SHANDIN HILLS GOLF CLUB AND BLOCK BROS. RELATIVE TO THE GRANTING OF SPECIFIC EASEMENT RIGHTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of the City of San Bernardino a Reciprocal Easement Agreement among the City of San Bernardino, Shand in Hills Golf Club and Block Bros., relative to the granting of specific easement rights, with such changes thereto as may be approved by the Mayor and City Attorney. A copy of said agreement is annexed hereto as Exhibit wAw and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1986, by the following vote, to AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1986. Mayor of the City of San Bernardino 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form: c!Z~/.Jvn9~ City Attorney RECIPROCAL EASEMENT AGREEMENT THIS AGREEMENT, by and among the CITY OF SAN BERNARDINO, a municipal body corporate, hereinafter referred to as "City", SHANDIN HILLS GOLF CLUB, a California corporation, hereinafter referred to as "Shandin Hills", and BLOCK BROS., a California corporation, hereinafter referred to as "Developer", represents the agreement of the parties relative to the granting of specific easement rights between the parties affecting property described as parts of Lot 5 and Lot 6, Tract No. 10518, of the City of San Bernardino, County of San Bernardino, and State of California, according to the Map thereof recorded in Book 145 of Maps, pages 51 through 58, inclusive, San Bernardino County records. SECTION 1. Recitals. This agreement is entered into with reference to the following facts: A. The City owns and leases to Shand in Hills a golf course situated on Lot 5, Tract No. 10518, and other property located within the City of San Bernardino, and Shand in Hills operates such golf course. B. A portion of the existing golf course, including part of its entry and substantial portions of its landscaping, has 1 been constructed upon and extends into portions of Lot 6, Tract No. 10518, and the parties desire by this agreement to permit City and Shandin Hills to continue to operate the golf course using the present facilities, and to have City and Shand in Hills responsible for the maintenance and upkeep of the areas presently being used for golf course purposes. C. Developer intends to develop on Lot 6, Tract No. 10518, an office structure, and parking area, and, in so doing, requires use of a drainage easement across a portion of Lot 5, Tract No. 10518, in order to most efficiently develop the office structure, parking and other improvements upon said Lot 6. D. The parties hereto mutually agree that it is in the best interest of all parties that reciprocal easements be given to permit City and Shand in Hills to continue to occupy those parts of Lot 6 presently encroached upon by golf course improvements, and to permit Developer to have a drainage easement across Lot 5, within the limits specified. SECTION 2. Implementation. The parties therefore agree as follows: A. City and Shand in Hills hereby grant to Developer, its successors and assigns, forever, the right to spread water across the parking area of Lot 5, Tract No. 10518, through a drainage easement outlet identified on a plot of Lot 6, Tract No. 10518, a copy of which is annexed hereto as Exhibit "1" and incorporated herein by reference. The location of the center line of the ten-foot drainage outlet to Lot 5, Tract 2 No. 10518, is identified on Exhibit "1". Water shall be spread from that drainage outlet located within the ten-foot drainage easement in such a manner as to assure sheet flow of excess water from Lot 6, Tract No. 10518, and shall be so designed as to minimize, as much as can reasonably be done, any increase in the flow of such water over that already existing, and to assure that no unreasonable harm or damage shall be inflicted upon the golf course or its parking area, and that no unreasonable accumulation of debris shall result. Plans for development of the drainage outlet shall be subject to reasonable approval of City and Shand in Hills. The on-site improvements to be made shall be as presented by Developer's Engineer to City and Shand in Hills. In the event that substantial harm or damage is inflicted upon the golf course parking lot, or if the flow from the parking lot breaks over the crest of the drive into the low area of the golf course, as a result of such additional flow of water, despite the best estimates of Developer and City's engineering consultants, Developer, its successors and assigns shall take appropriate steps, upon notice, to remedy the situation and to avoid future damage. Should additional easements be required to effect such a remedy, City and Shand in Hills agree to grant such reasonable additional easements as may be necessary to accomplish such purpose. B. Developer grants and conveys to City, as feeholder, and to Shand in Hills, as leaseholder, an easement over and across those portions of Lot 6, Tract No. 10518, in the City 3 of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 145 of Maps, Pages 51 through 58, inclusive, records of said County, described as Parcels A and B, on Exhibit "2" which is annexed hereto and incorporated herein by reference. C. In consideration of the granting of the easement over Parcels A and B by Developer to City and Shandin Hills, City and Shandin Hills agree that Developer, its successors and assigns shall be allowed to direct storm drainage water onto the specified location of Lot 5, being that point identified as the drainage easement on Exhibit "1". Additionally, City and Shand in Hills shall accept run-off water from all of those areas included within the easement area described as Parcels A and B. D. Developer, its successors and assigns, as owners of Lot 6, shall maintain their right of entry over the easement area for purposes of construction, and for maintenance of any and all real improvements to Lot 6, Tract No. 10518. Developer, its successors and assigns, shall maintain the right to construct and maintain columns, column footings and building foundation footings within the easement areas described as Parcels A and B. The Developer, its successors and assigns, shall maintain and continue to have the right to construct and maintain building overhangs within the easement areas described as Parcels A and B. E. City and Shandin Hills agree that they shall be responsible for the maintenance, upkeep and/or replacement of 4 landscaping, all landscape materials, fencing, drive surfaces, sidewalks, signs, utilities and/or irrigation within the easement area. Any replacements or alterations to the easement property shall be subject to the approval of the Developer. In the event any activity of Developer, its successors or assigns on the easement property should disrupt the easement area, Developer, its successors and assigns will repair or replace any sod, fencing or other improvement damaged or destroyed by them. F. City and Shand in Hills hereby agree to indemnify Developer, it successors and assigns as the owner of Lot 6 of Tract No. 10518 from any and all claims, liabilities, liens, demands, debts, expenses and causes of action arising out of the use of the easement area by the owner or leaseholder of Lot 5, or by the guests, patrons, customers, assignees, agents, employees, officers, contractors or lessees of owners or leaseholders of Lot 5, Tract No. 10518. City and Shand in Hills agree to defend Developer, its successors and assigns, as to any such claim, liability, lien, demand, debt, expense, or cause of action. G. The easements granted to City and Shandin Hills shall continue in full force and effect as long as City or Shand in Hills operates a golf course upon Lot 5, and shall be considered as an appurtenance running with the land. The easement granted to the Developer shall be perpetual. The easements hereby granted to City and Shand in Hills shall run with the ownership of Lot 5, Tract No. 10518, and the right to drain water across Lot 5 shall be an easement appurtenant to the ownership of Lot 6, Tract No. 10518. 5 H. Developer, for itself, its successors, heirs and assigns, waives any right to damages or claim of any kind for trespass or for encroachment upon its property by City and Shand in Hills through their prior use of the easement areas now granted to City and Shand in Hills as described by the legal descriptions of Parcels A and B. I. Developer acknowledges that property adjoining the property owned by him is already fully developed and operating as a public golf course, and that developing an office building adjacent thereto poses some risk of damage to the building from golf balls. Developer acknowledges such risk, and assumes such risk for itself, its successors and assigns. Developer, for itself, its successors and assigns, further agrees to hold City and Shand in Hills harmless from any and all claims, liabilities, demands, debts, expenses and causes of action arising from golf ball flight. IN WITNESS WHEREOF, the parties have executed this agreement effective the 21st day of January, 1986. / / / / / / / / 6 ATTEST: City Clerk Approved as to form: d7 ~ 1.// A"2 ' {/~r/;.//7'.1 ;;;~ City Attorney CITY OF SAN BERNARDINO By Mayor SHANDIN HILLS GOLF CLUB By President By Secretary BLOCK BROS. By By 7 ACKNOWLEDGEMENTS 8 .--.---" . r M!19~~~ g.~~' ~~1f ~ 1f~ ~@~~ ID ~ .. ,.. -~ ~ ~""": ~.~~ ~ ""~ ~~..... ~'(\ ~ ~ .. l. l. ~ !5 (,~::?o bo~. 82. ,!1.!J' ~ ~ ~~ ~~ .... J(f/$ !U-P~ ' At:=IH-'IP'~" LJII !'tJ.O?' N.IP~~~~ $f:P?' /ttIza,!).t:)(:) , ld,.::/Z.ZO"f./" (.-48.PJ1' , ~..... l~~ . ~ '" .~ ~ ~~ ~ ~~~ ~ ~~~ r SS~ ' ~ ~~~ , ~ SS~ ~ ~~ tn ~~ ~ ~.. ~~ ~r. ~ H~~LYC~~Lt)rb. ~./'., I~ ~a".PARciL. 'f!J' <<~u~: 1'/6~' EXHIBIT "1" 4,N,AhUJ.U~ 11/12185 M5 :/ . 1 2 3 . 6 6 7 8 9 10 11 12 13 1. 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 194.42 reE:!' '10 AN ANGLE ,POINT IN SAID EASn:RLY LINE; 'lllEI'lCE S 24000'00' W, ALOOG SAID E1>Sl'ER!.Y LINE, A DISTANCE OF 55.00 FE!:!' '10 'nIE TRlE POINT OF JID:;INNIN:i. 'J'HOSE PORTICIlS OF 1m 6, TRACr 1<<); 10518, IN 'nIE CITY OF SAN 8ERWlDlJ<<l, (DNl'Y OF SAN BERWlDIM:l, STAn: OF CALlf'OllNIA, AS PE:R !lAP RECORDED IN I!CXlK 145 OF IW'S, PAGES 51 THJl(lX;H 58, INCLUSIVE, 1lfXXlfUlS OF SAID (DNl'Y IlESCIUBED AS POUDiS: PA!lCEL A .. lXJtlENCJI{; IJ 'nIE KlST SOO11IERLY CXlRNE:R OF SAID 1m 6; =CE N 24<>00'00' E, ALOOG 'DIE EASn:RLY LINE OF SAID 1m 6 A mSTANCE OF 120.00 PEE:!' '10 'DIE TRlE POINT OF JID:;INNIN:i; 'J'HDlCE N 1"01'14' E, A DISTANCE OF 39.90 FEET, '11IfNCE N 1045'36' E, A DISTNlCE OF 97.17 FEET '10 'DIE IlBlINNIIIl OF A TANGENT ClRVE lXNCAVE IiESTE:RLY HAVIIIl A RADIUS OF 200.00 FEET, 'J'HENCE NORTHWESTERLY ALONG SAID CURVE 'l1lRlOOII A CUITRAL ANGLE OF 12"20' 41', A mSTNlCE of 43.09 feet, '11IfNCE N 10"35'04. W, A mSTNlCE OF 34.07 reE:!' '10 A POINT ~ A __TNQNI' QlR\IE (XIlCAVE IDmIEAS'l'ERLY BAVIIIl A RADIUS OF 34.00 FEET, A IWllAL LINE '1'IIIUlGH LAST SAID POllff BEARS S 36023' 36' W, TIIDlCE IDRIlIWES'lERLY ALOOG SAID QlR\IE :nIKlJGII A CfNTRAL ANGLE OF 64019'05', A DISTANCE OF 38.07 FEET; TIIENCE N 10042'41' E, A DISTANCE OF 4.98 FEET TO A POINl' ~ TIlE s:.unIERLY RIGIfi'-OF-wIU' OF IlCJID STREET, SAID POINT AISJ BEIN:i ~ A IUl-TANGENT CURIIE (XIlCAVE IfJR11lERLY HAVIIIl A RADIUS OF 280.00 FEE:!' A RADIAL LINE :nIKlJGII LAST SAID POlNl' BEARS 5 13044 '18' W, lIIINCE 9JlJ1IIEASTERLY ALOOG lAST SAID ClRVE '1'IIIUlGH A CfNTRAL ANGLE OF 10036'12', A DISTANCE OF 51.82 FEE:!' TO 'DIE M:lR'lllEASTERLY CORNER OF SAID 1m 6: 'llIillCE S 3008'06' W, Al.(N; TIlE EASTERLY LINE OF SAID lOT 6, A DISTANCE OF ... 0 ~ PSOMA.SIHARRISON 0Vk (NGH:(~ )901 LM Slllll ~ . ASSOCIATES ~~o: ~tfi.~~..~m EXHIBIT "2", P~ge 1 Of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARCEL B e&;INNIOO AT 'DiE tan' 9:l1niERLY WIlNER OF SAID LOT 6; 'DIENCE N 66000'00" W, ALCN:; 'DiE 9:l1niERLY LINE OF SAID LOT 6, A DISTANCE OF 260.00 F~ '10 'DiE SOl1llIWES'reRLY CDRNER OF SAID LOT 6; '11IENCE N 14014 I 51" W ALCN:; 'DiE WESTERLY LINE Of' SAID LOT 6, A DISTANCE OF 270.62 FEET '10 'DiE tan' WESTERLY WIlNER OF SAID LOT 6; '11IENCE N 33047'04" E ALCN:; 'DiE OORniWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 3.36 FEETI THENCE lEAVIOO SAID M:>JmMESTERLY LINE S 14014'51" E, PARALlEL WI'm SAID ~lw.Y LINE OF SAID LOT 6, A DISTANCE OF 142.10 FEETI THENCE S 66000'00" E, PARALLEL WI'm SAID sarmERLY LINE OF SAID LOT 6, A DISTANCE OF 32.33 FEET; '1HENCE S 14000'00" E, A DISTANCE OF 91.68 FEel'; '11IENCE S 66000'00" E,PARALIEL WI'm SAID sa.rIHERLY LINE OF SAID LOT 6, A DISTANCE OF 153.14 FEET; THENCE N 62000'00" E, A DISTANCE OF 91.68 FEET; THENCE S 66000'00" E PARALLEL WI'm SAID SCllJ'DIERLY LINE OF SAID LOT 6, A DISTANCE Of' 29.66 FEET; THENCE N 59000'41" E, A DISTANCE OF 19.24 FEel' '10 A POINT CI'l '!HE EASTERLY LINE OF SAID LOT 6; 'DIENCE S 24000'00. W, ALONG SAID EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 120.00 FEET '10 'DiE TRUE POIm' OF BroINNIOO.