HomeMy WebLinkAboutS08-Public Works
city OF SAN BERQRDINO
File: TR 14503
_ REQUEST())R COUNCIL ACTION
From: ROGER G. HARDGRAVE
. Approval of Final Map for Tracts
SubJect: Nos. 14503 (, 14503-1 - Located
at the Southwest Corner of Cajon
Boulevard (, Cable Creek Flood
Control Channel
Dept: Public Works/Engineering
Dete: 7-05-91
Synopsis of Previous Council ection:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Edwins
Jim Penman
Contect person:
Supporting date attaehed:
Youn H. Kim
Staff Report, Map
& Resolution
Phone:
5027
Ward:
6
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
Council Notes:
A".."da Item No. 5 -g
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city OF SAN BI!RARDINO - REQUI!ST ())R COUNCIL ACTION
STAFF REPORT
Tentative Tract No. 14503
Commission on August 21, 1990.
into Tract No. 14503 and 14503-1.
was approved by the Planning
This tract was later divided
Tract No. 14503 is a 47-1ot Single Family Residential
subdivision and Tract No. 14503-1 is a 54-Lot Single Family
Residential Subdivision with one common lot for detention basin.
Certain easements for roads, public utilities, and
ingress and egress traverse these tracts. These easements were
conveyed to various members of the Older family.
Century Homes has been in negotiations with the Older
family relative to quit-claiming these easements. A verbal
agreement has been reached, as evidenced by the attached copy of
the letter from Bob Diehl, Project Director, dated 3-6-91-
Other options are being explored, since Century Homes feels the
cash payment is excessive.
We understand that these easements were conveyed to the
Olders to provide access to a mine located northwesterly of the
Devil's Canyon Flood Control Channel. The Olders claim that
they have the right to construct a bridge over the flood control
channel in order to maintain their access. However, this
channel has been fully improved as a rectangular concrete lined
channel for many years and the Olders have not exercised their
claimed right to build a bridge.
The major utility companies are willing to provide a
letter stating that the easements are of no practical value to
them.
Century Homes would like to proceed to record the tract
map, while they are concluding arrangements to eliminate these
easements. To support this action, Century Homes has confirmed,
by attached letter of 6-12-91, from Jerry McCue, Vice president/
Assistant Secretary, that they will not convey any lots without
Title Insurance, that protects the owners. First American Title
Insurance Company, by attached letter of 6-26-91, from Glenn D.
Jackson, Regional Counsel, has advised that a 103.1 endorsement
will be issued to home buyers, and they will indemnify and hold
harmless the City.
The required improvement securities and certificates of
insurance have been filed with this office, and the prescribed
fees have been paid. Also, the improvement and grading plans
have been prepared and are ready for approval.
The Final Map has been reviewed and found to be substan-
tially in compliance with the Tentative Map and the Subdivision
Map Act. Therefore, we recommend that the Final Map be
approved, subject to a determination that home buyers and the
City are adequately protected from any legal action taken
pursuant to the existence of the easements.
7-05-91
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TR 14503
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First American Title Insurance Company
323 COURT STREET IP. O. BOX 63271 SAN BERNARDINO. CALIF. 92412 . 17141 8B9.Q311
June 26, 1991
Roger Hardgrave
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
300 North "0" Street
San Bernardino, Ca 92301
RE: Easements - ~ Paqe
2929 202
2929 204
4101 587
5383 357
5804 864
Tentative Tracts 14503 and 14503-1
Our Order No. 101453 BL
Dear Mr. Hardgrave:
This letter is given pursuant to your request of Cimarron Ranch
Associates. This is to advise you of our intentions in dealing
with the above referenced easements in any future policies we
may issue concerning the subject property.
It is our intention to reflect the subject easements in any future
title evidence. We will, however, issue to any prospective home
purchaser and their lender a 103.1 endorsement. Such endorsement
would indemnify for any damages caused by reason of any excercise
of the right to use the easements. A copy of the form of the
endorsement used for the lenders is attached hereto as Exhibit "A".
The same endorsement is to be issued to the home purchasers
(appropriately modified to address owners of property, not owners
of the indebtedness).
Additionally, First American hereby agrees to indemnify and hold
the City of San Bernardino harmless from any action at law or in
equity brought by the holders of the alleged easements to enforce
any rights therein.
Should you have any questions, feel free to contact me.
very truly yours,
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G1Eihn D. Jackso
Regional Counsel
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EXHIBIT "Alt
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INDORSEMENT
Anached 10 Policy No.
Issued by
First American Title Insurance Company
The Company hereby insures the owner of the indebtedness secured by the mortgage referred to
in paragrap"
of Schedu!-
Against loss which said Insured shall sustain
as a result of any exercise of the right of use or maintenance of the ease-
ment referred to in paragraph
said land.
of Schedule 8 over or through
The total liability of the Company under said policy and any indorsements therein shall not exceed.
in the aggregate. the face amount of said pc:.licy and costs which the Company is obligated under
the conditions and stipulations thereof :0 pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
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First American Title Insurance Company
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June 19, 1991
City Of San Bernardino
Youn Kim - Public Works Department
300 North "0" Street
San Bernardino, California 92418
Subject: Cimarron I I - Tracts 14503 & 14503-1
Dear Mr Kim:
Pursuant to your telephone call on June 18,1991, please be
advise that the applicable certificates as stipulated within the
Agreement wil I be forwarded to you by our insurance company.
Enclosed please find the letter from our title insurance
regarding the "Older" easement matter. Please direct this letter
to Mr. Hardgrave for his Information.
We appreciate your cooperation on this matter. If any additional
Items are required please contact me at your convenience.
Sincerely;
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Bob Diehl
Project Director
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P,O, !lox 8110 . Son llemadIno. CA 92412
1535 Sourh "0" Sneer . Son Oemadino. CA 92408
(714) 37O-:lOO1 . (714) 381.0007 . FAX (714) 381-6885 oncI 38HX)41
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First American Title Insurance Company
323 COURT STREET IP. O. BOX 83271 SAN BERNARDINO. CALIF. a2412 . 17141 &-0311
June 17, 1991
Roger Hardgrave
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
300 North "0" Street
San Bernardino, CA 92301
Re: Easements - ~ Paqe
2929 202
2929 204
4101 587
5303 357
5804 864
Tentative Tracts 14503 and 14503-1
Our Order No. 101453 BL
Dear Mr. Hardgrave:
This letter is given pursuant to your request of Cimarron Ranch
Associates. This is to advise you of our intentions in dealing
with the above referenced easements in any future policies we
may issue concerning the subject property.
It is our intention to reflect the subject easements in any future
title evidence. We will, however, issue to any prospective home
purchaser and their lender a 103.1 endorsement. Such endorsement
would indemnify for any damages caused by ,reason of any exercise
of the right to use the easements.
Should you have any questions, feel free to contact me.
Very truly yours,
L/
Glenn D. Jackson
Regional Counsel
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June 12, 1991
Mr. Roger G. Hardgrave
City Engineer
City of San Bernardino
300 No. "0" Street
San Bernardino, CA 92408
RE: Tract 14503-1 and 14503
Dear Roger:
This is to confirm that Century Homes Communities will not
convey any lots on the above tracts without Title Insurance which
insures against the effects of the "Older Easement" on said map.
;Ii cerely,
. Y"IlJ__ (h
,
.jerry McCue
,/Vice President/Asst. Secretary
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March 6. 1991
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City of San Bernardino
Yo un Kim - Publ ic works/Engineering
300 North "0" Street
San Bernardino. California 92418
Subject: Cimarron I I - Tract 14503
Dear Mr. Kim:
This letter is intended to inform you of our current position
rp.garding the existing easement quitclaims from the Older fami Iy.
We have spent extensive time and money on this matter dealing
with Stewart Title and the law firm of Covington & Crowe. At this
point there are several different directions that are being taken
to resolve this matter.
A. The major utility companys (electric. telephone & gas) have-
agreed to give us a written statement, stating the old
easements reserved by the Older family for Public Uti lities
have no practical value to them to serve our Development or
any adjacent properties.
B. Stewart Title is presently doing a title search to determine
whether the easements reserved would be considered to be "in
gross" or were appurtenant. The significance is that if they
are considered appurtenant, easement rights are transferred
along wi th the dominant tenement of the property. Which
means the current property owner was the easement rights.
C.
John Pavelak
01 der tami I y
upon.
the President of this company has met with the
and a money settlement was verbally agreed
Our present position on this mattet is that since the money
settlement was out of I ine in our view. we would explore any
other options before making the cash payment for the easement
quitclaims. However please be informed the money settlement is
wi th i n the rea 1m of our budget and that we have every intent i on
of continuing with this Development in a timely matter.
Your help in expediting the imDrovement plans would be helpful_
Sincerely;
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Bob Diehl
Project Director
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1535 50urh "0" Sneer . Scn Demordino. CA 9240ll
(714) 370-0001 . (714) 38H:007 . FAX (714) 381-6885 end 38HXl41
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACTS NOS. 14503 AND 14503-1, LOCATED
AT THE SOUTHWEST CORNER OF CAJON BOULEVARD AND CABLE CREEK FLOOD
CONTROL CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAPi AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR
PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Tracts Nos. 14503 and 14503-1, located at
the southwest corner of Cajon Boulevard and Cable Creek Flood
Control Channel, together with the provisions for their design
and improvements is consistent with the General Plan of the City
of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the standard form of
agreement adopted by Resolution No. 84-8 with Cimarron Ranch
Associates,
California
Limited
Partnership,
for
the
a
improvements in said subdivision tracts as are required by Title
18 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is specified at 24
months. Said improvements are specifically described and shown
on Drawings approved and on file in the office of the City
Engineer of the City of San Bernardino.
SECTION 3: The Final Map of said subdivision tracts is
hereby approved and the City of San Bernardino hereby accepts as
public property all dedications within the subdivision as shown
on said Final Map for streets, alleys, (including access rights),
drainage and other public easements. As a condition precedent to
7-05-91
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1 approval of the Final Map, the Subdivider shall first execute the
2 agreement referenced in Section 2 hereof for the improvements
3 within said subdivision. The City Clerk shall certify the
4 approval and acceptance of the Mayor and Common Council as set
5 forth in this resolution.
6 SECTION 4. This resolution is rescinded if the parties
7 to the agreement fail to execute it within sixty (60) days of the
8 passage of this resolution.
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RESO: APPROVING FINAL MJU' ~.U1<. n",...~" "v.:>. ~~~v~ v - -- -- -.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and COllUllon Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1991, by the following vote, to-wit:
Council Members:
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ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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