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HomeMy WebLinkAbout17-Public Works - ~ - J!Il / \, r1~e No TR 10260 . . \OF SAN _RNADINO - REQUEST All COUNCIL ACTION ,"rom: ROGER G. HARDGRAVE D8tlI: 5-11-89 Authorization to Execute Devel- opment Agreement - Acquisition of Rights of Way for Off-Site Improvements by Tract No. 10260 ---. JOHN C. IJBERS,j!.!.- REC'D...ADMtH. ~: Dept: Public works/Engineerill9llAY 17 AM g; 53 Synopsis of Previous Council action: 06-06-78 Tentative map for Tract No. 10260 approved. 10-27-80 Reactivation of Tentative Map for Tract No. 10260 approved. 10-21-85 Resolution No. 85-434 adopted approving the final map for Tract No. 10260, accepting the public dedications and authorizing execution of the Standard Form agreement. 09-08-86 -- Concept of secondary use of Hillcrest Park as storm water detention facility approved in principle. Recommended motion: Adopt resolution. cc: Jim Robbins Jim Richardson Jim Penman Andy Green Annie Ramos Contact person: Roqer G. Hardqrave Staff Report, Supporting data attached: Resolution & Map Phone: 5025 Ward: " FUNDING REQUIREMENTS: Amount: $7,500 Source: (Acct. No.) 001-999-5999Cf Acct. Descri tion General Fund To ~ L ''';'''\./.I's-\.J l"f J..""L,...".. Finance: Council Notes: ,/ Aaenda Item No /7 .~crry OF SAN _RNADINO - REQUEST AM COUNCIL ACTION STAFF REPORT One of the conditions of approval for Tract No. 10260 was that Acacia Avenue be extended from the tract boundary to Hill Drive, in order to provide a second means of access. Right-of-way will be. required from two parcels to facilitate construction of these off-site improvements. The subdivider has made repeated attempts to negotiate with the owner of Parcel No. One, as shown on the attached map, but wi thout success. Parcel No. 2 was dedicated to the City for park purposes by the final map for Tract No. 9786. Section 66462.5, of the Subdivision Map Act, provides, in general, that when a subdivider is unable to acquire the necessary rights of way for off-site improvements required as a condition of approval, the agency will then proceed to acquire the easements through negotiations or eminent domain proceedings. Furthermore, if the rights of way are not acquired within 120 days, the condition of approval is waived. The extension of Acacia Avenue to Hill Drive is needed as a secondary access to Tract No. 10260. A natural drainage Channel across these parcels will be improved, which will necessitate a construction easement across these parcels. The proposed Development Agreement provides that the City will proceed to acquire the necessary eas.ements across these two parcels, by negotiations or through eminent domain proceedings, within 120 days. Also, that the subdivider, John C. Heers, Inc., will reimburse the City for all costs incurred within 15 days after receipt of a bill. A preliminary estimate of cost for acquisition of the easements across Parcel No. 1 is $5,000. The value of Parcel No. 2 is minimal due to the easement for park purposes. An estimate of $7,500 is used to cover additional expenses. Parcel No. 2 has recently been improved as Hillcrest Park. A portion of this parcel will be needed as right of way for the extension of Acacia Avenue, and a construction easement for improvement of the drainage channel. The subdivider will be required to modify the irrigation system and install a fence along Acacia Avenue. This dedication of a portion of Hillcrest Park has been reviewed with Annie Ramos, Director of Parks, Recreation and Community Services, who has no objection. In view of the provisions of Section 66462.5, of the Subdivision Map Act, we recommend that the Development Agreement be approved. 5-11-89 .i j;~ ., 'II '{ 75-0264 + . . .&tIBIT FOR DEDICATION ~ ACACIA AVENUE.. 11/. lit \) \9 l;\j ~ ~ ~ .~ ~ t ACACIA ~ l .~ ~ ~ ~ ~ '" ~ \.J ~ --J ~ ~ ~ ~ ~ ~ . ...... VICINITY MAP NoT." ~ IJ ~ ~ " . ~ 5/11/89 o o 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH JOHN C. HEERS, INC. FOR ACQUISITION OF NECESSARY EASEMENTS TO ALLOW CONSTRUCTION OF REQUIRED OFF-SITE IMPROVEMENTS BY TRACT NO. 10260. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City a Development Agreement with John C. Heers, Inc. for Acquisi tion of Necessary Easements to Allow Construction of Required Off-Site Improvements by Tract No. 10260, a copy of said agreement is attached hereto, marked 11 Exhibit "A", and incorporated herein by reference as fully as 12 though set forth at length. 13 SECTION 2. This agreement and any amendments or 14 modifications thereto shall not take effect or become operative 15 until fully signed and executed by the parties and no party shall 16 be obligated hereunder until the time of such execution. No oral 17 agreements, amendments, modifcations or waivers are intended or 18 authorized and shall not be implied from any act or course of 19 conduct of any party. 20 SECTION 3. This resolution is rescinded if the parties 21 to the agreement fail to execute it within sixty (60) days of the 22 passage of this resolution. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a meeting thereof, held on 26 the ____day of 27 wit: , 1989, by the following vote, to- 28 " . . 16 17 18 19 20 21 22 23 24 25 26 27 5/11/89 28 RESO: AUTHOf!lING EXECUTION INC. FOR ACQUISITION OF OFF-SITES BY TRACT o OF AGREEMENT WITH JOHN C. BEERS, OF EASEMENTS TO ALLOW CONSTRUCTION NO. 10260. City Clerk The foregoing resolution is hereby approved this day 9 of , 1989. 1 2 3 4 5 6 7 8 AYES: Council Members W. R. Holcomb, Mayor City of San Bernardino NAYS: ABSENT: 10 11 12 13 Approved as to form and legal content: 14 James F. Penman 15 City Attorney - 2 - .. ~ ....... j & o o Exhibit -A- 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 DBVELOPMBN'l' AGREEMBNT CONSTRUCTION OF OFF-SITE IMPROVEIIEII1TS IN CONNECTION WITH TRACT NO. 10260 THIS AGREEMENT, entered into this day of , 1989, by and between the CITY of San Bernardino, a municipal Corporation of the State of California, hereinafter referred to as "CITY," and JOHN C. HEERS, INC., hereinafter referred to as "SUBDIVIDER." WITNESSETH WHEREAS, Tentative Tract No. 10260 was approved by the Mayor and Common Council on October 27, 1980; and WHEREAS, access to this tract was to be provided by existing 59th Street, at Mayfield Avenue, and by construction of a new street, to be known as Acacia Avenue, to join Hill Drive opposite existing Acacia Avenue; and WHEREAS, a portion of Acacia Avenue to be constructed will be beyond the tract boundaries, which will require rights of way from two parcels; and WHEREAS, Section 66462.5 of the Government Code of the State of California, a part of the Subdivision Map Act, provides that an agency shall not refuse to approve a final map because the subdivider has failed to construct off-site improvements for which no right of way has been granted; and WHEREAS, Section 66462.5 further provides that in such cases the agency shall acquire the necessary rights of way within 120 days by negotiation or eminent domain proceedings, and if the agency fails to comply with this provision, the condition of .... & o o 1 approval to construct the off-site improvements is waived; and 2 WHEREAS, construction of Acacia Avenue is needed to 3 provide a second means of access to Tract No. 10260; and 4 WHEREAS, Subdivider has made repeated attempts to 5 negotiate with the owner of one parcel, but has been unable to 6 reach an agreement; and 7 WHEREAS, the City holds an easement for park purposes 8 over the second parcel, which is presently up for sale due to 9 delinquent property taxes. 10 NOW, THEREFORE, IT IS MUTUALLY AGREED, AS FOLLOWS: 11 1. CITY shall - 12 a. Attempt to acquire by negotiations or obtain an 13 immediate right of entry through eminent domain 14 proceedings, easements across Parcel No.1, as 15 required to allow construction of Acacia Avenue 16 and drainage facilities on approved plans for 17 Tract No. 10260. Acquisition of these rights of 18 way shall be accomplished within 120 days from 19 the date of execution of this Agreement. 20 b. Concur with dedication of the necessary rights of 21 way for Acacia Avenue and drainage facilities 22 across the parcel for which the City holds an 23 easement for park purposes, and attempt to 24 acquire by negotiations, or obtain an immediate 25 right of entry through eminent domain 26 proceedings, easements across Parcel No.2, as 27 required to allow construction of Acacia Avenue 28 and drainage facilities on approved plans for - 2 - . . . o o 1 2 3 4 5 6 7 8 9 10 11 Tract No. 10260. Acquisition of these rights of way shall be accomplished within 120 days from the date of execution of this Agreement. 2. Subdivider shall - a. Reimburse City within 15 days from receipt of a bill for all costs incurred "for acquisition of necessary rights of way for construction of Acacia Avenue, from the boundary of Tract No. 10260 to Hill Drive in accordance with approved plans. THIS AGREEMENT shall inure to the benefit of and be 12 binding upon the successors and assigns of both parties. 13 14 CITY OF SAN BERNARDINO ATTEST: 15 City Clerk 16 17 Approved as to form and legal content: 18 James F. Penman 19 City Attorney 20 By: w. R. HolCOmb, Mayor Ci ty of San Bernardino JOHN C. HEERS, INC. w~<-" 21 22 23 24 25 26 27 28 By ~ C By: J l'i~ - 3 -