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HomeMy WebLinkAbout39-Public Works - - File No. 15.30-279 ~ - REQUEST C)R COUNcil-((CTION . CITY OF SAN BERr():IDINO From: ROGER G. HARDGRAVE, Direct*EC'O. - hD !J.!H. 8ilflect: Dept: Public Works /Engineering !SSg JUN 2[; AM li): 20 Date: June 20, 1989 Street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation : frontage road, West of Waterman Avenue, South of Caroline Street Synopsis of Previous Council action: 03/20/89 --- Authorization to proceed was given, and Plan No. 7726 was approved. 06/05/89 --- Negative Declaration was adopted and a Finding of consistency with the General Plan was made. 06/05/87 --- Resolution of Intention No. 89-172 was adopted, which sets a pub 11 c heari ng da te of 07/17/89 for the proposed vaca ti on of the frontage road West of Waterman Avenue, South of Carol i ne Street, per attached Plan No. 7726. Recommended motion: I 1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why the frontage road, West of Waterman Avenue, South of Caroline Street, is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Marshall Julian, City Administrator Jim Richardson, Deputy City Administrator/Development James Penman, City Attorney Anne DeBolt Contact person: Staff Report, Resolution, Map Supporting data attached: Phone: 5328 3 Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (City initiated) (Acct. DescriPtion) _____~ ~___ Finance:__u__.__. Council Notes: 06/20/89 75-0262 Aaenda Item Nn ~g . CITY OF SAN BERNQ.DINO - REQUEST ~ COUNCIL ACTION STAFF REPORT This request to vacate the frontage road, West of Waterman, South of Caroline, was initiated by the City of San Bernardino. The City is planning to signalize the intersection of Waterman Avenue and Caroline Street, making ingress and egress to the frontage road a definite safety hazard. On 03-20-89, authorization to proceed with the proposed vacation was given, and Plan No. 7726 was approved. Utility companies and City departments were notified of. the proposed vacation on 03- 21-89, with a reply due by 04-21-89. No negative comments were received. On 06-05- 89, Resolution No. 89-172 was adopted, reserving easements for storm drain facilities and traffic signal equipment and appurtenant facilties, along with a reservation of an easement for public utility purposes. That resolution sets a public hearing date of 07-17-89. On 06-28-89, the Resolution of Intention was published in a local newspaper, and Notices were posted in the area proposed for vacation. Property owners adjacent to the proposed vacation were notified by mail of said hearing. On 06-05-89, a Negative Declaration was adopted for the proposed vacation, and a finding of consistency with the General Plan was made. There appears to be no further necessity for said frontage road, for either present or future street purposes. Staff recommends the vacation on the basis of the following Findings of Fact: 1. The above portion of the street has been determined by the Department of Publ ic Works to be of no further necessity to the general pUblic: a) Negative Declaration was adopted, and consistency with the General Plan was found. b) Traffic entering and leaving the frontage road will create a hazard upon signalization of the adjoining intersection. 2. The required $400.00 fee has been waived as this was a City initiated proceeding. a) Through informal meetings with both property owners affected by the proposed vacation (The Sunset Group and the City of Riverside), concern has been expressed by the Ci ty of Riversi de regardi ng the access to their property (see enclosed Plan No. 7726). The Sunset Group, which is in the process of developing the property adjacent to the proposed vacation, has provided access, by dedicated alley, across their property for the City of Riverside. 3. All of the interested City Departments and Utility Companies were notified of the proposal and all have had the opportunity to respond. Reservations of easements for storm drain facilities and traffic signal equipment and appurtenant facilities was requested by the City of San Bernardino, along with a reservation of an easement for publi c uti 1 ity purposes. The City of Riversi de has requested an easement for water lines over the entire area, and the same has been provided for in the Resolution of Intention. Therefore, we have attached the said Resolution Ordering Vacation for your action. D6/20/89 75-0264 o P" Par. , @ ~ ., t:;\ ~ . ~\!!I" . I '!i I./4AC. ~ 9 3AC. ., 'I 'I ~ ., Por.3 @ ~ , "<If: "'# R1r.2 .. ~.elI , ~~ ~ , ' 'i1-'I. .~"" eJ#.U" ~ Par.S @ . /~ /110 -- 7'32 ~ /ZI...a,) 7028 #/1J#.of @ Par. 3 2. 27/IC. 12:1; \ .. oll ~ It ~ . @) 9. 39/IC. o 'C' '11- ~ < I I I Par. I ~ 7 "@I ~ I .. I "I I I I I I I :lm I ~ . ~." ~;,. I I I I I IiJ I I I I I I 1" ::. . '/.DO' I I~ I I I I I - Par.I @ Ie) " ~ AIL~ T'O "8& V"eAT61) @ MAP 408-38-3OA PAR. I flp 6.36 AC. ~, I = R. ~ I " - - - ------- ~ I - @ Por. 4 1,5 /IC, DIRECTOR OF PUILIC KS ICITV EN81NliliR P".p.nd b!ll ~ Sh..t Ch.cll.d bV I ! 1 DATE I .t 1 of AREA VACATED SHOWN THUS 11IIIIIIII FILE NO.I/5:30- 1 PLAN NO.1 77.2 CITY OF SAN BERNARDINO PUa.IC HORKS DEPARTMENT ENGIfEERING DIVISION REAL. PROPERTV SECTION STREET I ALLEV YACM'ION I VI\toItTIOH CF FR.tWrlta C R.Dlt-D-- war D' WATERMAN AV."'U~, .sCUT'H OF (!~A.CUNa S'MUI&'" ~ '''' ~ (0 ~.'1). ! ~ ~ ",:,J: "~ lU ~ " < ~Q. ~-" ."I::.s .........~ .. IJ:.. .\;L n II cc, ",,~;~.n ...<~ <~~~~~3f1~3~;~~~,~'~~. ./__' ...... 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H A R 0 G R A V E DIRECTOR OF PUBLIC WORKS/CITY ENGINEER July 27, 1989 File No. 15.02-279 Mr. William Holsinger Real Properties Services Manager City of Riverside Administrative Services Oepartment 3900 Hain Street Riverside, CA 92522 Re: Vacation of Frontage Road West of Waterman Avenue/ South of Caroline Street Dear Mr. Holsinger: As a courtesy to you, enclosed is a copy of the Resolution Ordering Vacation which will be presented at the August 7, 1989, Council Meeting for approval. We have highlighted the addition of the section covering the re-dedication of the frontage road and the addition of the words "for the maintenance of water wells". With the inclusion of those two specific sections the City of Riverside should be amenable to the successful completion of the proposed vacation. If you have any questions, of if we can be of any further help to you, please contact Anne DeBolt in our Real Property Section at 384-5111. Sincerely ROGER G. HARDGRAVE Director of Public Works/City Engineer VERNE J. NADEAU Real Property Supervisor ADB:adb Encl cc: Patrick Hopkins, The Sunset Group 300 NORTH '0' STREET SAN BERNARDINO CALIFORNIA 92418.0001 714/11.-11,1 P;-:~';{)E ,,' .. N "RO'-h; ~L r~ ~,. .C ~Jff" . ," 0 0 'JGWeMiJ:le. CITY OF ADMINISTRATIVE SERVICES DEPARTMENT 3900 Main Street . Riverside, California . 92522 ':.i- ff., ~~~;;!i LAWRENCE E. PAULSEN Admlnlstr.1lt1ve Services Olrector RECE!\IE[H~'" Y CI_ERI' .89 SEP -1 P3 :51 Admini,tration Property SeNicea 714nS2-5555 714n82-5461 September I, 1989 Patrick T. Hopkins, President The Sunset Group 225 West Hospitality Lane, Suite 100 San Bernardino. CA 92408 Subject: Club Project - San Bernardino - Proposed Waterman Avenue Frontage Road Vacation Dear Mr. Hopkins: Reference is made to my letter to you dated August 15. 1989, summarizing our discussions and confirming the conditions under which the City of Riverside will withdraw its objections to the proposed vacation of the Waterman Avenue frontage road. A copy of that 1 etter is enc 1 osed for your reference. In view of the fact that the protest hearing on the vacation of the frontage road comes before the Common Council of the City of San 8ernardino at 10: 00 a. m. on Wednesday, September 6, 1989, I fee 1 It appropr i ate that I summarize the current status of the response to my August IS, 1989 letter and I will refer in the following paragraphs to the same numbers as contained in my original letter. 1. The City of San Bernardino has prepared a draft resolution of vacation and has submitted it to this office under cover letter dated August 28, 1989. The Draft Resolution satisfies all conditions contained in No.1. 2. As stated above, the City of San 8ernardino has furnished a copy of the Draft Resolution and it is acceptable to the City of Riverside. 3. We have received no draft easement nor description to meet this condition. 4. The City of San Bernard i no has prepared an Easement Deed whi ch, when properly executed and recorded, will satisfy Condition No.4 providing the Grantor is properly designated in the deed. We have no information regarding the current vesting. o o 5. I assume that the City of San Bernardi no wi 11 accept the Easement Deed referred to in 4 above prior to recordation. 6. The City of San Bernardi no has furn i shed a copy of a memorandum dated August 17, 1989 that satisfies this condition. 7. I unders tand that your attorney John Mi rau is working on the amendment referred to in No.7; however, we have received nothing from him. 8. Although your engi neer has submitted a drawi ng showi ng the replacement we 11 site whi ch was unacceptable and we have advi sed both you and your engineer that it was unacceptable and what will be required, no further drawings have been submitted and no Draft Amendment to the Agreement has been prepared. Notwlthstandi ng this, phys I ca 1 I nspectlon of the property reveals that you are continuing with grading and are preparing to pour foundations for the building which will encroach into the existing future well site. We have refused to approve your grading plan as it relates to this area until the agreement has been amended, relocating the well site, and you should be advised that no further construction should take place within the existing 125' x 125' future well site located at the southeast corner of Caroline Street and Sunset Drive. From the above. It seems quite obvious that the conditions outlined in my August IS, 1989 letter cannot be met by September 6. 1989, and it Is therefore apparent that it wi 11 be necessary for the City of Riverside to I request a further continuance of the protest hearing on the vacation on said date. I feel that our past actions have clearly Indicated our willingness to cooperate with you In your desires to have the frontage road vacated and also the relocation of the future well site. When you have provided the Information which has been requested, It will be reviewed and presented to our Board of Public Utilities and the City Council of the City of Riverside thereby enabling us to remove the objection to the vacation. Very truly yours. -~~ M. William Holsinger Real Property Services Manager MWH/2652Yb Enclosure cc: W. R. "Bob" Holcomb, Mayor, City of San Bernardino _____ Shauna Clark, City Clerk, City of San Bernardino~ James F. Penman, City Attorney, City of San Bernardino Roger Hardgrave, Director of Public Works, City of San Bernardino, Attn: Ann DeBolt John Mirau, Attorney at Law, Reid and Hellyer, San Bernardino Robert Sams, Assistant City Attorney, City of Riverside David Garcia, Public Utilities Department CG Engineering, Attn: David Ringland - : o o August 15. 1989 PatrIck T. HopkIns. PresIdent The Sunset Group 225 Mest HospitalIty lane. SuIte 100 San BernardIno. CA 92408 Subject: Club Project - San Bernardino - Proposed Materman Avenue Frontage Road VacatIon Dear Mr. Hopkins: ThIs letter Is to summarIze our numerous dIscussIons regardIng the proposed vacatIon of the portion of the Materman Avenue frontage road southerly of carolIne and by copIes of thIs letter to approprIate partIes Insures that we are all coordInated In our efforts. The City of RIversIde will wIthdraw Its objectIons to the vacatIon of the frontage road when the following conditions are Implemented: 1. The CIty of San BernardIno to reserve easements for the CIty of RIversIde across the frontage road beIng vacated as follows: a. An easement and rIght at any tIme or from tIme to time to construct. maIntaIn. operate. replace and renew one or more pIpelInes and appurtenances thereto, for the transportatIon of water; b. An easement for the constructIon and maIntenance of water wells, and for IncIdental purposes, IncludIng the rIght of Ingress and egress thereto; and c. An easement for Ingress and egress from CarolIne Street to Parcels 4 and 5 of Parcel Map 11148 as per plat thereof recorded In Book 135 of Parcel Maps, Pages 30 and 31. records of the County of San BernardIno, State of CalIfornIa. 2. The CIty of San BernardIno to furnIsh a copy of the draft Resolution of VacatIon for review by the CIty of RIversIde prIor to Its adoption. . . o o 3. S I mchowltz - H No.1, or the current fee owner, to grant to the City of RIversIde an easement for Ingress and egress from a drIveway leadIng from CarolIne Street Into the park.lng lot, thence easterly parallel to CarolIne Street to connect to the easement for Ingress and egress beIng reserved In the frontage road beIng vacated. 4. Slmchowltz - H No.1. or the fee owner, to dedIcate to the City of San Bernardino a publIc street rIght-of-way of sufficient width to accommodate a 36-foot curb to curb street Improvement In the first aisle west of the existing 20-foot alley. 5. The City of San BernardIno to accept such new street dedication subject to the future constructIon of street Improvements therein. 6. The Cl ty of San Bernardi no to furnlsh wrl tten assurances to the CI ty of RIverside that saId 36-foot-wlde street lmprovelll!nts wIll be sufficient for future Independent commercial development of the City of Riverside's 6 acre ownershIp. 7. Slmchowltz - II No. 1 to prepare an amendment to the existIng ground lease with the City of Riverside provIdIng as follows: a. During revaluation appraisals, the appralser(s) wIll be Instructed to Ignore the change of access and assume the public frontage road access exlstlng at the time of commencelll!nt of the lease relllalns during the term of the lease; and b. The lessee will construct 36-foot-wlde street Improvements withIn the new street referred to In 4 and 5 above at no cost to the CIty of RIversIde at such time as the ground lease 15 termInated for any reason whatsoever. Such lease Amendment to be cleared wIth the exIsting lender(s) and lessee(s). 8. Slmchowltz - H No. 1 to prepare an amendment to the Grant of Easements and Declaration of Covenant Agreement providing for a relocatIon of the future well site from Its present locatIon to the proposed future well site as shown on the attached drawl ng. Such re locatIon of the future well to Include any necessary modificatIons of water and draIn lIne easements. Such amendments to be approved by the City of RIvers I de, Board of Pub 11 c UtIlI ties and the City Councll , as well as Sll1Chowltz-H No. 1 and Its lenders prior to adoptIon of the Vacation Resolution by the City of San Bernardino (currently scheduled for September 6, 1989). He would fInd It very helpful If you would also provide copIes of all the previously executed documents whIch have been recorded In the office of the County Recorder In San Bernardino. These wIll not only complete our flle, but will also assIst us In reviewing your draft amendments. In addition, we also request that you provide verIfIcatIon of the fee ownership for each of the modIfIcatIons referred to hereIn. - . . o o If you have any QuestIons or If the above does not reflect jour understandIng. please advIse. OtherwIse. we shall proceed on thIs basIs. Very truly yours. M. Hllllam HolsInger Real Property ServIces Manager MHH/2432Y/c cc: H. R. "Bob" Holcomb. Mayor, CIty of San BernardIno Roger Hardgrave, DIrector PublIc Works, CIty of San BernardIno John Mlrau. Attorney at law Robert Sa.s, AssIstant CIty Attorney, CIty of RIversIde James F. Penman, CIty Attorney, CIty of San BernardIno . 08-14-89 4 - - - o \0 1 2 3 4 5 6 7 8 9 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SO.UTH OF CAROLINE STREET, IN THE CITY OF SAN BERNARDINO, AND RESERVING EASEMENTS THEREIN, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: . SECTION 1: The Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of that certain frontage road, West of Waterman Avenue, South of Caroline Street, more particularly described in City Resolution of Intention 10 No. 89-172, hereby find from all of the evidence submitted that such 11 street proposed to be vacated by said Resolution is unnecessary for present 12 or prospective street purposes. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTIDN 2. The Mayor and Common Council of said City do hereby vacate that certain frontage road, West of Waterman Avenue, South of Caroline Street, San Bernardino, California, more particularly described CIs follows: That portion of Waterman Avenue, lying within Lot 4, Block 65 of Rancho San Bernardino, as per plat thereof, recorded in Book 7 of Maps, Page 2, Records of San Bernardino County, State of California, described as follows: Commencing at the intersection of the centerlines of Waterman Avenue and Caroline Street; thence South 89' 47' 49" West, along the centerline of said Caroline Street, a distance of 195.D9 feet; thence South 00' 12' 11" East, a distance of 30.00 feet to the South line of said Caroline Street, said point also being the True Point of Beginning; thence South 00' aI' 25" East, a distance of 40.DO feet; thence South 36. 14' 39" East, a distance of 160.77 feet to a point 100.00 feet Westerly of the centerline of Waterman Avenue; thence South 000 01' 25" East and parallel with said centerline of Waterman Avenue, a distance of 290.48 feet; thence South 03' 29' 11" West, a distance of 256.64 feet; thence South 89' 47' 540 West, a distance of 49.66 feet; thence South 000 01' 25" East, a distance of 110.00 feet; thence North 89' 47' 54" East, a distance of 85.00 feet; thence North 040 39' 41" East, a distance of 367.30 feet to a point 50.00 feet , 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 08-14-89 STREET VACATION: FRONTAGE ROAO, I:) WEST OF WATERMAN, SOUTH OF CAROLINE ("\ ,.tI Westerly of Waterman Avenue; thence North 000 01' 25" West and parallel with said centerline of Waterman Avenue, a di stance of 375.79 feet; thence North 050 20' 55" West, a di stance of 60.19 feet; thence North 470 46' 33" West, a distance of 36.91 feet; thence South B90 47' 49" West, parallel with the centerlfne of said Caroline Street, a distance of 1l2.09 feet to the True Point of Beginning. And is also described in said Resolution of Intention No. 89-172. SECTION 3. This Resolution shall reserve, and nothing herein shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility, and there is hereby reserved for the City of Riverside, an easement and right at any time, or from time to time to construct, maintain, operate, replace and renew one or more pipelines and appurtenances thereto, for the transportation of water, and for the construction and maintenance of water wells, and for incidental purposes, including the right of ingress and egress thereto, and an easement for ingress and egress from Carolfne Street to Parcels 4 and 5 of Parcel Map No. 11l48, as per plat thereof, recorded in Book 135 of Parcel Maps, Pages 30 and 31, Records of the County of San Bernardino, State of California, and an easement for Pacific Bell and Southern Calf fornfa Edi son to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures and electrical transmission structures, respectively, as the companies may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances. There is also specifically reserved for the City of San Bernardino, an easement in, over, under and across the North twenty-five feet (25') of the proposed area of vacation, as measured at right angles to the North line thereof, for street light and storm drain purposes and all appurtenant facilities. 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 08-14-89 STREET VACATION: FRONTAGE ROAD, ::J WEST OF WATERMAN, SOUTH OF CAROLINE (J SECTION 4. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of San Bernardino. / / / / / / / / / / 3 08-14-89 STREET VACATION: FRONTAGE ROAD, (""" ,\wI WEST OF WATERMAN, SOUTH OF CAROLINE C""\ .1...,./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the , 19 , by the following vote, to-wit: day of AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19 . w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City At) orney ., 24 By: ~~./.-1.,"-7 /~'l_"'..., 25 (J 26 27 28 4