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HomeMy WebLinkAbout10-Development Services e. e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of a Right of Way Contract with the State of California for a temporary construction easement located at the northeast corner of Valley Street and Walkinshaw Street (APN 0136-084-04). Dept: Development Services Date: January 23, 2007 File No. 15.028-03 Synopsis of Previous Council Action: 09/18/2006- City Clerk was authorized to accept a grant deed from Arrowhead Credit Union and Resolution No. 2006-329 was adopted authorizing the execution of a License Agreement with Arrowhead Credit Union for property located at the northeast corner of Valley Street and Walkinshaw Street. MCC Date: 02-20-2007 Recommended Motion: Adopt Resolution Vutw;v. {HI- Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps Res. Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Agenda Item No. 10 J./ JJ)f fJ 7 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of a Right of Way Contract with the State of California for a temporary construction easement located at the northeast comer of Valley Street and Walkinshaw Street (APN 0136-084-04). BACKGROUND: In June of 2005, the Mayor and Common Council adopted an ordinance amending Chapter 19.22 of the Development Code and approved Conditional Use Permit No. 04-06 for an off-site electronic message center sign for Arrowhead Credit Union Park. The location of the sign is on a vacant parcel of land located at the northeast comer of Valley Street and Walkinshaw Street, adjacent to the 1-215 Freeway, identified as Assessor's Parcel Number 0136-084-04. Among several other additions to Chapter 19.22 was the addition of Section 19.22.080 (7) (G), which subjects off-site electronic message center signs to a license agreement with the City. This amendment requires the license agreement to include, but not be limited to, signage content, "air-time" for public service announcements, and a possible revenue sharing provision. In order to validate a license agreement for this type of sign, the City must have an interest in either the property in which the sign is located or in a parcel adjacent to the property in which the sign is located. On September 18, 2006, the City Clerk was authorized to accept a grant deed from Arrowhead Credit Union for a parcel ofland located at the northeast comer of Valley Street and Walkinshaw Street, and Resolution No. 2006-329 was adopted, approving a License Agreement with Arrowhead Credit Union. The parcel conveyed to the City, is adjacent to a larger parcel also owned by the credit union (APN 0136-084-05). A portion of the sign has already been constructed on the larger parcel. The State of California has recently notified the City and Arrowhead Credit Union that they wish to utilize the two parcels for a temporary construction easement relative to the 1-215 widening project. They have offered compensation in the amount of $8,000 for temporary use of both parcels through January, 2009. The credit union has reviewed the offer and Right of Way Contract submitted by the state and has agreed to the terms therein and has forwarded an executed copy to this office. Although the smaller parcel is vested in the City's name, it was done solely for the purpose of accommodating the installation of the electronic sign, thus any compensation for the use of this property is proposed to go to the credit union. The State has indicated that they do not have a conflict with the construction of the sign. The attached resolution authorizes the execution of a Right of Way Contract with the State of California for the proposed temporary construction easement. FINANCIAL IMPACT: None. Compensation for the temporary construction easement will be to the Arrowhead Credit Union. RECOMMENDATION: Adopt Resolution. e e e c ~ N o o ~ ::.:: -- .~-: ~.." :....:;- v>. V> "'. . ~ ~:... "" ~ V> ~ n "' V>"',.. OO~ ~O~ ~~ '" ~ ~ O~ ~ _0 ~ "'~ ~ cn(n~ e:"'i:: ~OO 0"'''' ~ ("")0 ~"" ~ ~ -~~~:- ! ---- ... ~~~~ ~ ~-~.. ....."''''.... 0137 -.-----... 04 0137 09 -'- .. _.-.-.--- I @ Pin. lol 17 . Uk. 11 R.S.B. @ 3 . ilOl I @i IB I'B qU~' 2 .- -. -fO.CJHi5- -(CEIfH<L-j ~" ~- @ @ ---- , @ <8 @ 3. 32 31 ('}]35 I !-- .- @36 I 3' 40 @)37 (~) ~"D 1:038 r - - - U.EffiH- - -l*Nf - '_u@':;'uuL:]@ 15 1. ---------- .-., 18 ~ uu uuu._'-: K-t). 3 !~ @19 22 23 @;'20 @ (:]1 21 ".' '. i HHk- - Lffi -- @ 1.l6AC 13 I I : ' .- .-: ~ ~O' " ~... . 7"-- . --. ---_.~ I ~. ! : @ i. ,~- - - ULL[ tf.--fHlU-CDifIO-/--:.tiiii" h " [AS-..:...'. ,'~._ ._. tlll;,- - ~"+:". -.~---_.- I I' ~ - --- 01 -----------r-- I I C@D ~ -" ~ ~ C@p Area of Temporary Construction Easement 1 ;1; '" ~ 14 1-". uu--!-.u::::' , . ---- 13 ' , - ~ 14 ---- " - 1 . ~ :l: 9 '" ;j; . - '" 10 THIEr: @11 13 @14 II ATE HWI 28 @)16 @17 27 26 @ @18 @19 25 @20 24 ~121 23 iB22 -:-1 . ~ [ HWY =1:: - . I I I I~ I I I I I -"-UtC[f" i, I -l-i IH IfIT B+!- IUlH) . ,umJJLu", ':',", CQlD .. '~ .r" :--;;.... ...." Par. 8 @ (?B6H) ?63AC. - . : ' ". . Arrowhead Credit Union Parcel City of San Bernardino Parcel B K, R.8. i'! 1".100' I I ;j\ Iii g ; o .~ 6~ .~ 00 -. o~ -0 - "" ::u o "" ("") ;:::T o CD V> .....0 ........."" NCD CD .... "" o .... "- "" o I I 11\ 1'1 ...~("") 00 -. ~x~ 7.....J:::Co oc_ ",- ...~V> 7.....J>- 0 --.::1 "'~ ...0'" ~ ~ ~ c ~ "'- ~ o o '" '" I = = INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Mayor and Councilmemben FROM: Henry Empeiio, Jr., Senior Deputy City Attorney DATE: February 15, 2007 RE: Agenda Item No. 10, February 20, 2007 Council Meeting Resolution and Right of Way Contract granting Temporary Construction Easement to the State of California for the Northeast Comer ofVaUey Street and Walkinshaw Street Relative to Widening the 1-215 Freeway (Arrowhead Credit Union Freeway Sign) cc: James F. Penman, City Attorney; Fred Wilson, City Manager; Valerie Ross, Director of Development Services The proposed Right of Way Contract provides that Caltrans will pay $8,000 to Arrowhead Central Credit Union (ACU) as compensation for the use of two parcels (one parcel owned by ACU and a smaller parcel owned by the City) for a temporary construction easement for the widening of the 1-215 freeway (copy of map attached). A question has been raised as to whether the City is entitled to receive a pro rata share of the $8,000 payment which is attributable to the City's parcel. The City's parcel was conveyed by ACU at no cost to the City pursuant to Resolution No. 2006-329 and the License Agreement dated September 18, 2006 regarding the Arrowhead Credit Union Park Electronic Message Center Freeway Sign. Section 1.1 of this License Agreement states: "This conveyance is for the sole purpose of pkK:ing title to Parcel B in the City's name so that the provisions of this Agreement will constitute covenants that run with the land as to Parcel A and Parcel B. Except as expressly stated in this Agreement to the contrary, City shall have no right to (and City shall not) transfer, corrvey, assign, encumber, enter upon or use any portion of Parcel B. During City's ownership of Parcel B, (a) City shall not create or permit any lien, claim or title exception to arise as to Parcel B without Owner's express prior written consent; and (b) ifrequested in writing by Owner, City shall promptly execute and deliver easements and other documents applicable to Parcel B." Based on the terms of this License Agreement, the City has no right to receive any portion of the $8,000 payment from Caltrans for the temporary construction easement. ~~f>. Henry Empefio, IT. Senior Deputy City Attorney K) O. 10 . d-/di>JD7 - 1 - F:\EMPENOIMisc M..... & Letters\Memolo Mayor and CounciJ re Resolution and Rigbt of Way Contract.wpd 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RIGHT OF WAY CONTRACT FOR A TEMPORARY CONSTRUCTION EASEMENT WITH THE STATE OF CALIFORNIA FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF V ALLEY STREET AND WALKINSHAW STREET RELATIVE TO THE WIDENING OF THE 1-215 FREEWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Right of Way Contract for a temporary construction easement with the State of California, for property generally located at the northeast comer of Valley Street and Walkinshaw Street, known as Assessor's Parcel Number 0136-084-04, relative to the widening of the 1-215 freeway, attached hereto as Exhibit "A" and made a part hereof. SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of the resolution. /II /II No, Ja :d-J ~D J07 01/22/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RIGHT OF WAY CONTRACT FOR A TEMPORARY CONSTRUCTION EASEMENT WITH THE STATE OF CALIFORNIA FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF VALLEY STREET AND WALKINSHAW STREET RELATIVE TO THE WIDENING OF THE 1-215 FREEWAY. I HEREBY CERTIFY ilial the foregoing resolulion was duly adopled by the Mayor and Common Council of the City of San Bernardino at a held on the day of meeting thereof , 20_, by the following vote, to-wit: NAYS ABSTAIN ABSENT Council Members: A YES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk 20 The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 01/22/07 ,20_, PATRICKJ. MORRIS, Mayor City of San Bernardino 2 r STATE OF CALIFORNiA. DEPARTMENT OF TRANSPOHTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY- RW 8-3 IRev. 6/95) Page 1 of 4 , California 08 Dist. SBd Co. 215 Rte. 6.3/6.5 P.M. 007179 Exp. Auth. ,2006 Grantor(s) This Document No. 20334-1 in the form of Temporary Construction Easement, covering the property particularly described in the above instrument has been executed and delivered to Anthony Rizzi, Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. (A) The parties have herein set forth the whole of their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 20334-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is/are compelled to sell, and Grantee is compelled to acquire property. Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $ 8,000 for the Temporary Construction Easement. (B) This transaction will be handled through an internal with the State of California, Department of Transportation at 464 West Fourth Street, San Bernardino, California, 92401. RIGHT OF WAY CONTRACT - STATE HIGHWAY ICont.) RW 8.3 IRev. 6/951 Page 2 of 4 3. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvement, shall commence on December 1. 2006 and that amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, and interest from said date. 4. This Temporary Construction Easement shall terminate on January 12. 2009 with the completion of the project known as construct widen Interstate 215 in San Bernardino from Oranl!e , Show Road to Rialto Avenue. At least 48 (forty eight) hours advance written notice shall be given before any entry on grantor's property. In the event said actual use extends beyond the prescribed period of time and said use is verified through the State's contractor logs, the State shall pay the grantor( s) by Amended Right of Way Contract at the same contract rate of$ 45.10 per month prorated to the actual date said actual use terminated. Written notification shall be given to the owner at: Arrowhead Central Credit Union CIO Steve Skal!l!s 555 E. Hospitality Lane. Suite 200 PO Box 735. Mail Code 79 San Bernardino. Ca 92402 and verbal communication with the owner shall be at telephone number 909-379-6452. Written notification shall be given to the owner at: City of San Bernardino CIO Les FOl!assv 300 North "D" Street San Bernardino. Ca 92418 and verbal communication with the owner shall be at telephone number 909-384-5111 ext. 5026 In the event this information changes or property transfers, the owner shall notify State in writing of such occurrence at: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4th Street, 6th Floor San Bernardino, CA 92401-1400 Attn: Anthonv Rizzi Right of Way Department 5. The undersigned warrants that they are the owner of the property herein described and further agree to indemnify the State against all adverse claims, and to pay all ofthe State's legal fees and all other expenses resulting from the undersigned knowingly and falsely claiming ownership of the property referred to in this document. RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cant.) RW 8-3 (Rev. 6/95) Page 3 of 4 6. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's property prior to the final expiration date of this temporary construction easement, the grantor(s) shall inform, in writing, any and all parties involved in said sale, lease, or rental of this temporary easement and associated construction project by the State. 7. State agrees to indemnify and hold harmless the undersigned from any liability arising out of State's operation under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operation under this agreement and State will, at its option, either repair or pay for such damages. 8. It is agreed by and between the parties hereto that access to the subject property will be maintained at all times. It is acknowledged between the parties that this Temporary Construction Easement contains (I) one electronic sign message board, and that the State, or it's agents will utilize the area encumbered by this Temporary Construction Easement in a manner that will allow the Grantor to maintain and operate the electronic sign message board, yet allow the State to construct the project in the manner proposed. 9 . Excluding the electronic sign and any landscape or other improvements required or mandated by any controlling governmental entity, the grantor(s) agrees that no improvements, other than those already on the property, shall be placed thereof; and the planting of any crops, trees, or shrubs, or alterations, repairs, or additions to existing improvements which may hereafter be placed thereon are at grantor's risk and without expectation of payment if removed by the State. 10. Within the parameters set forth in Clause 4 of this Contract, the estimated time of usage for the Temporary Construction Easement on Grantor's property is thrity-nine(39) months. II. It is agreed that the net proceeds of the amount payable under Clause 2(A) above shall be divided as follows: $8,000.00 to Arrowhead Central Credit Union $ 0.00 to City of San Bernardino RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.) FWIJ B-3 (Rev. 6/95) Page 4 of 4 In Witness Whereof, the parties have executed this agreement the day and year first above written. Arrowhead Central Credit Union By: The City of San Bernardino By: PATRICK J. MORRIS, Mayor, Approved as to form: Grantor( s) , Recommended for Approval: APPROVED: By Right of Way Agent STATE OF CALIFORNIA Department of Transportation By MOHAMED-SAMI ABDELGWAD, Chief R/W Acquisitions San Bernardino Office No Obligation Other Than Those Set Forth Herein Will Be Recognized f~JJCcl ~l IU;:lllJJSP.::l UO!I~nJJSUO_) lIO!ll;ll!P~J.J lIH lTTrr ,\JIlJOdlUJ.L pC;:lq,\\OJJV i IOUJJV i, , 11 " 11 ; ~ I ., 01 " Cffi) 61 ,;" '- " :'!II 91 ~ II Ll r2) = = I ~ ~ o o C ." ~ o c ~ ~ m O~ ~~ c~- 0<....... ~ ~ ~"' -"00 Ocr::": -xo :::00 W~~ o C -0 [JJJUd OU!pJIWJ;lij lies JO (l!J ~ o c c- O) CON C' 0""" (/) CO o ...c:::;; w c o 0:: c - c... ~ ! -: I I "~ i : ~ ~ i lo;l~ I~:II~ i '":;> ~~J ,";, " " . >118 " :H q: :1 :;i', 0, ~ ., 8 ".Jcd d, ",p "P; .,. <>' EI CiI0 - "" "-!] r ~! ) . ". ll-llUS -fH"~MJi- . . ~JJ.l Y_^. ' .L " ,DB ~. _ -'JI l'I '- ~ ---~----- ~ " II _, :; - @ il ::: ., II --"- _l_NJ~!JtJ _ ~J(HJ~ }O_8IlfOJ - -~. _- -oao 1-1 17j(1 -- {:;'! 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