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Date:
9-29-92
REQUEST QR COUNCIL ACTION
File 11.42, CUP 91-26, 15.04-106
Authorization to Execute Purchase
Subject: Offer, Statements & Approve Pay-
ment - Easement for Sewer and
Drain, from Atlantic Avenue to
Highland Avenue
CITY OF SAN BERtGRDINO -
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From:
ROGER G. HARDGRAVE
Dept:
Public Works
Synopsis of Previous Council action:
09-08-87 -- City's participation, in the amount of $119,000, re-
ferred to the Ways and Means Conunittee for a recom-
mendation.
09-21-87 -- Reconunendation from the Ways & Means Committee,
relative to the City's participation in the amount of
$119,000 for the installation of a 48-inch storm
drain, from Atlantic Avenue to Highland Avenue, to
convey drainage, approved.
June, 1988- Allocation of $119,000, under Account No. 248-368-
57826 approved in 1988/89 Storm Drain Construction
Fund Budget to finance the cost of installing a 48-
inch storm strom, from Atlancie Avenue to Highland
Avenue, to convey drainage from Small Canyon Basin.
(Cont. on 2nd Paqe)
Recommended motion:
That the Mayor be authorized to execute, on behalf of the City of
San Bernardino, the Purchase Offer Statements from Ronald S. and
Elizabeth A, Roehler, and Highland Country Manor, a California
Limited Partner, for sewer and storm drain easements to the City
of Highland, across parcels 1, 2 and 3, of Parcel Map No. 9356;
and authorize payment of up to $50,577.00 for the permanent
easements for sewer and storm drain.
cc: Shauna Clark
Contact person:
Roqer G. Hardqrave
Phone:
5025
FUNDING REOUIREMENTS:
Report, Purchase Offer Ward: 4
Statements
Amount: $50.577 (Storm Drain Construction Fund)
Supporting data attached:Staff
Source: (Acct. No.) 248-368-57826
Acct. Descri tion Small Can
orm Drain -
Atlantic Avenue to Highland Avenue
Finance:
Council Notes:
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File: 11.42, CUP 91-26,
15.04-106
9-29-92
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Cont.)
04-16-90
Request from the City of Highland for
$63,617 to finance acquisition cost of
approved.
a loan of
easement,
June, 1990 -Allocation of $50,000, for acquisition of right-of-
way, approved in 1990/91 Storm Drain Construction Fund
Budget.
11-04-92 -- Resolution No. 91-455 adopted authorizing execution of
Development Agreement No. 91-02.
09-08-92 -- Resolution of CDC adopted authorizing execution of
Design Reimbursement Agreement and allocation of
$800,000 from bond proceeds approved.
CITY OF SAN BERNA:4DINO - REQUEST FOI COUNCIL ACTION
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STAFF REPORT
Page 1 of 2
Drainage from Small Canyon Channel presently is directed
to Highland Avenue, where it flows westerly to Sand Creek. The
Storm Drain Master Plan shows a 57-inch pipe in Highland Avenue,
from Small Canyon Channel to a point west of Palm Avenue.
Caltrans has agreed to accept the drainage from Small
Canyon Channel into their drainage system for the Route 30
Freeway. In order to accomplish this agreement, a 48-inch storm
drain will need to be installed, from the terminus of the
improved channel north of Highland Avenue to Atlantic Avenue.
Realigning the drainage from Small Canyon Channel to the
freeway system will allow the 57-inch pipe in Highland Avenue to
be deleted, and the remaining pipes and channels to be downsized,
at a considerable savings in cost.
At the Council meeting of 9-21-87, the recommendation from
the Ways and Means Committee that the City participate in the:-
amount of $119,000, was approved. An amount of $119,000 was
approved in the 1988/89 Storm Drain Construction Fund Budget
under Account No, 248-368-57826, to finance the costs for this
storm drain.
An understanding was reached with the City of Highland,
under which they would acquire the necessary easement and the
City of San Bernardino would construct the storm drain. However,
the City of Highland was unsuccessful in their efforts. The Wal-
Mart Developer then agreed to negotiate with the property owners
relating to acquisition of an easement for the storm drain.
Purchase Offer Statements have been negotiated with, and
signed by both property owners. These statements provide in
general, that the City' will pay the grantors the sum of
$50,577.00 for a permanent easement of 20 feet in width across
Parcel No.1, and 15 feet across Parcels No.2 and 3.
Payment of $436.00 per month will need to be paid for the
temporary construction easement. The rental period will commence
upon the City's contractor entering the property, and terminate
upon completion of construction.
In addition, payment of $29.95 per Christmas tree will
need to be paid prior to commencement of any construction by
Grantee. There are 1399 trees within the permanent and temporary
easements. Payment for all trees, less 100 in the amount of
$38,905.05 (1299 X $29.95) will have to be paid prior to
commencement of construction. After construction is complete,
payment will need to be made for any additional trees removed to
facilitate the Contractor's operations.
9-29-92
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CITY OF SAN BERNOIDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
Page 2 of 2
The Wal-Mart Developer has agreed to participate in the
cost of acquiring the easement, Their participation is expected
to be about $12,000.
During the latter stages of negotiations with the property
owners for a storm drain easement, the Wal-Mart Developer advised
us that the sewer main for their developer would need to be
installed within this easement, across Parcel No.1. Therefore,
the width of the permanent easement was increased from 15 feet to
20 feet across this parcel, and the description of the easement
revised from storm drain to sewer and storm drain.
The easements will be granted to the City of Highland,
since they will be within their jurisdiction.
Development Agreement No. 91-02, with Gatlin/Doerken
Developments provides that the City of San Bernardino will be
responsible for the improvements along Highland Avenue. The City.
Attorney's office has determined that the storm drain for Small '.
Canyon Channel, between Atlantic Avenue and Highland Avenue, is
included in the improvements along Highland Avenue.
We reconunend that authorization to execute the Purchase
Offer Statements be granted and the payment approved.
URGENCY CLAUSE:
The acquisition of these easements needs to be approved at the
Council meeting of 10-05-92, in order to acconunodate Wal-Mart's
scheduled opening.
9-29-92
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PURCHASE OFFER STATEMENT
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Documents in the form of Easements, across Parcels 1,2 and 3 of Parcel Map
No. 9356, City of Highland, County of San Bernardino, and more particularly
described therein will be delivered to the City of San Bernardino, Real Property
Section, by Ronald S. Roehler and Elizabeth A. Roehler, husband and wife, owners
of said Parcel 1 and 3, and Highland Country Manor, a California Limited
Partnership, owner of said Parcel 2.
IN CONSIDERATION of which, and other considerations hereinafter set forth,
it is mutually agreed as follows:
1. The parties have herein set forth the whole of their negotiations, The
performance of this offer constitutes the entire consideration for said
documents, and shall relieve the City of all further obligation or claims on
this account, or on account of the location, grade or construction of the
proposed public improvement,
2. The City shall:
(A) Pay the undersigned grantors the sum of $50,577.00 (Fifty thousand five
hundred seventy-seven dollars) for interest conveyed by a permanent
easement for sewer and storm drain purposes, in favor of the City of
Highland. Payment shall be split as follows: $33,718,00 shall be paid to
the owners of said Parcels 1 and 3 and $16,859.00 shall be paid to the
owners of said Parcel 2, Payment shall be made upon receipt of properly
executed and notarized easement documents.
(B) Pay the undersigned grantors the amount of $436 (Four hundred thirty-six
dollars) per month, or any portion thereof, for a temporary construction
easement in favor of the City of San Bernardino. Said temporary easement,
and payment thereof, shall cease upon completion of said construction.
Payment shall be split as follows: $290.66 shall be paid to the owners
of said Parcels 1 and 3 and $145.34 shall be paid to the owners of said
Parcel 2. The rental period shall commence upon entry onto the property
for construction, and shall terminate upon completion of construction.
The City shall notify the property owners at least 10 (Ten) days prior to
the commencement of construction of it's intention to enter the property,
Payment shall be made upon the completion of construction.
( The construction period shall not exceed 60 calendar days. In the even~\
that construction is extended beyond the 60 day period, the City shall
pay liquidated damages of $200 per day (70% to owner(s) of said Parcels 1
and 3, 30% to owner(s) of said Parcel 2), except for delays due to Acts
of God. The 60 day period does not include any portion of the period
~ribed in paragraph (D) below, during which construction is suspended~
(C) Prior to commencement of any construction by Grantee on the subject
property, Grantee agrees to pay the undersigned Grantors $29,95 for each
tree presently standing within the boundaries of the permanent and
temporary easements, less a 100 tree allowance described below. Sierra
Engineering has recently completed. a count of the trees and has
determined that there are 1399 trees within the easement boundaries,
which number Grantors and Grantee hereby accept as a true and accUrate
count,
Grantee anticipates that some of the 1399 trees within the easements may
not be removed or damaged, Grantors agree to credit Grantee for any trees
so left undamaged at the rate of $29.95 per tree. provided however. that
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the total credit shall not exceed 100 trees, i.e., $2,995.00. Grantee is
withholding this 100 tree allowance from payment described herein. In the
event that there are less than 100 undamaged trees left after the
completion of construction. Grantee shall pay Grantors the amount of
$29.95 times the number of trees that are less than the 100 tree
allowance. Any of these 100 trees that are left in the easements shall be
within 5 feet of the westerly boundary of the temporary construction
easement.
In no event shall the compensation to the Grantors be for less than 1299
trees. If Grantee shall remove or damage any trees outside the boundary
of the easements, Grantee shall compensate Grantors for the these removed
or damaged trees at the rate of $29.95 per tree.
The amount, therefore. that the Grantee shall pay Grantors prior to the
commencement of construction is $36,905,05 (1299 trees @ $29.95 per
tree), 70~ of which shall be paid to the owners of said Parcels 1 and 3
and 30~ of which shall be paid to the owners of said Parcel 2,
(D) Refrain from any construction activities between the period of November
16 and December 31.
(E) Maintain the existing irrigation system located within said easements in
a condition to convey irrigation water, through the period of
construction. during the twice monthly delivery of water to irrigate the
Christmas trees. The irrigation system within said easements will be
restored by the Contractor to its pre-construction condition within 30
days of the completion of construction.
(F) After the completion of construction, the drainage easement may be also
used by the owners of Parcels 1,2 and 3 for drainage, utilities and other
accesses as deemed appropriate and subject to approval by the City of
Highland, including access to the drainage and sewer line as needed.
(G) Provide a nominal 6 foot cover over any newly installed pipes.
(H) To pay all costs associated with the preparation, execution and
recordation of necessary easement documents.
3, Grantors warrant that they have no knowledge of any oral or written leases,
covenants. restrictions or easements over the pro~erty described in said
Easement documents that would prevent or prohibit said construction and use of
said easement for drainage and sewer purposes.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
year as shown.
GRANTORS:
~#{i?~J qt/~Z/
~ON D S, ROEHLER ~>'
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E TH A. ROEHLER Date / '
CITY OF SAN BERNARDINO,
(Grantee)
by:
MAYOR
Date
HIGHLAND COUNTRY MANOR, a California
Limited Partnership (Grantor)
by:
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the total credit shall not exceed 100 trees, i.e., $2,995.00. Grantee is
withholding this 100 tree allowance from payment described herein. In the
event that there are less than 100 undamaged trees left after the
completion of construction, Grantee shall pay Grantors the amount of
$29.95 times the number of trees that are less than the 100 tree
allowance. Any of these 100 trees that are left in the easements shall be
within 5 feet of the westerly boundary of the temporary construction
easement,
In no event shall the compensation to the Grantors be for less than 1299
trees. If Grantee shall remove or damage any trees outside the boundary
of the easements, Grantee shall compensate Grantors for the these removed
or damaged trees at the rate of $29.95 per tree.
The amount, therefore, that the Grantee shall pay Grantors prior to the
commencement of construction is $38,905.05 (1299 trees ~ $29,95 per
tree), 70t of which shall be paid to the owners of said Parcels 1 and. 3
and 30t of which shall be paid to the owners of said Parcel 2.
(D) Refrain from any construction activities between the period of November
16 and December 31.
(E) Maintain the existing irrigation system located within said easements in
a condition to convey irrigation water, through the period of
construction, during the twice monthly delivery of water to irrigate the
Christmas trees, The irrigation system within said easements will be
restored by the Contractor to its pre-construction condition within 30
days of the completion of construction.
(F) After the completion of construction, the drainage easement may be also
used by the owners of Parcels 1,2 and 3 for drainage, utilities and other
accesses as deemed appropriate and subject to approval by the City of
Highland, including access to the drainage and sewer line as needed.
(G) Provide a nominal 6 foot cover over any newly installed pipes.
(H) To pay all costs associated with the preparation, execution and
recordation of necessary easement documents.
3. Grantors warrant that they have no knowledge of any oral or written leases,
covenants, restrictions or easements over the property described in said
Easement documents that would prevent or prohibit said construction and use of
said easement for drainage and sewer purposes,
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
year as shown.
GRANTORS:
CITY OF SAN BERNARDINO,
(Grantee)
by:
RONALD S. ROEHLER
Date
MAYOR
ELIZABETH A. ROEHLER Date Date
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LEGAL DESCRIPTION FOR PERMANENT EASllI1ENT FOR SEWER AND DRAINAGE PURPOSES
GENERALLY LOCATED SOUTH OF HIGIil.AND AVENUE. WEST OF BOULDER AVENUE. IN THE CITY
OF HIGIil.AND.
An Easement to the City of Highland for sewer and storm drain purposes and
appurtenant facilities in. over, under and across the following described real
property, located in the City of Highland, County of San Bernardino. State of
California:
The Easterly 20 feet of Parcel I, Parcel Map 9356 as per plat
thereof recorded in Book 104 of Parcel Maps. pages 5 and 6.
records of the County Recorder of said County.
An Easement to the City of Highland for storm drain purposes
facilities in, over, under and across the following described
located in the City of Highland. County of San Bernardino. State
and appurtenant
real property,
of California:
The Easterly 15 feet of Parcels 2 and 3. Parcel Map 9356 as
per plat thereof recorded in Book 104 of Parcel Maps. pages 5
and 6, records of the County Recorder of said County.
The easement herein granted shall
inspect, maintain and repair the
facil i ties.
include the right to construct.
drainage line and sewer line and
reconstruct,
appurtenant
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LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT RELATIVE
CONSTRUCTION OF A SEWER LINE AND DRAINAGE LINE GENERALLY LOCATED
HIGHLAND AVENUE, WEST OF BOULDER AVENUE, IN THE CITY OF HIGHLAND.
TO THE
SOUTH OF
An Easement to the City of San Bernardino for the construction of a sewer and
storm drain line and appurtenant facilities in, over, under and across the
following described real property, located in the City of Highland, County of San
Bernardino, State of California:
The Easterly 45 feet of Parcel 1, Parcel Map 9356 as per plat
thereof recorded in Book 104 of Parcel Maps, pages 5 and 6,
records of the County Recorder of said County.
An Easement to the City of San Bernardino for the construction of a storm drain
line and appurtenant facilities in, over, under and across the following
described real property, located in the City of Highland, County of San
Bernardino, State of California:
The Easterly 40 feet of Parcels 2 and 3, Parcel Map 9356 as
per plat thereof recorded in Book 104 of Parcel Maps, pages 5
and 6, records of the County Recorder of said County,
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