HomeMy WebLinkAbout13- Developement Services
ORIG1NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File No. 15.05-269
Synopsis of Previous Council Action:
Subject: Resolution accepting certain park
improvements for various parks and the
transfer of fee title of Freddie Spellacy Park,
generally located westerly of North park
Boulevard, southerly of Campus Parkway
from, and granting a temporary construction
easement to University Park, LLC.
MCC Date: June 1, 2009
From: Valerie C. Ross, Director
Dept: Development Services
Date: April 22, 2009
12-05-2007 - Resolution No. 2007-463 was adopted, approving an Assignment of Agreement
and Grant of Easement from Park-University, LLC to the City.
02-21-2006 - Resolution No. 2006-59 was adopted, approving the execution of a Parks
Dedication and Improvements Agreement with J.R. Watson and Associates Development
Recommended Motion:
Adopt Resolution.
~ C, i?#v
Valerie C. Ross
Contact person:
Laszlo "Les" Fogassy
Phone:
5026
Staff Report, Maps,
Supporting data attached: Resolution, Grant Deed
Ward:
5
FUNDING REQUIREMENTS: Amount:
$9,500 (estimated annual maintenance)
Source: (Acct. No.) 001-382-5011 & 5111
Council Notes:
(Acct. Description) Parks, Rec. & Comm. Svcs.
Personnel services & M&O
Finance:
~ScJ 2..cJ09 - 10( 7
Agenda Item No.
~?J
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution accepting certain park improvements for various parks and the transfer of fee title of
Freddie Spellacy Park, generally located westerly of North park Boulevard, southerly of Campus
Parkway from, and granting a temporary construction easement to, University Park, LLC.
BACKGROUND:
On February 21, 2006, a Parks Development and Improvements Agreement ("Agreement")
between the City and J. R. Watson and Associates Development Company ("Developer") was
approved.
The Agreement sets forth certain parks to be developed by the Developer relative to various
development projects in exchange for Park Fee credits. One of these parks is located within Tract
No. 16509-7, located westerly of Northpark Boulevard and southerly of Campus Parkway in the
State University area and is identified as Regency Park in the Agreement, but is now known as
Freddie Spellacy Park. Two other sites within this development, Chancellors Park, located at the
northeast comer of Kendall Drive and Campus Parkway, and Collegiate Park, located at the
southwest comer of Northpark Boulevard and Campus Parkway, have already been improved
and accepted by the City for maintenance under Landscape Assessment District No. 1036
("LMD") and were included in the formation of the LMD. Fee title to Chancellor's Park has
been previously accepted under the LMD, and an assignment of maintenance responsibilities
from the Developer to the City was approved on December 5, 2007, by Resolution No. 2007-
463. The Agreement also requires that the improvements of these areas need to be accepted
formally by the Mayor and Common Council. The City only has an easement across Collegiate
Park, since the California State University is the fee owner of that site. One additional site in this
area that is part of the Agreement, Art Colony Park, located at the comer of Campus Parkway
and Valles Drive will be constructed sometime in the future when that area is developed.
There were two other park sites specified in the Agreement, but are not a part of this action and
are not within the area of Tract No. 16509. One of those is located along the east side of Pine
Avenue, north of Belmont Avenue and the other site is located generally northeasterly of Foothill
Drive and Sterling Avenue. Neither of these sites have been developed and thus park
improvements have not been constructed.
The majority of Freddie Spellacy Park, has been improved and the Parks Department has
indicated that they are ready to accept maintenance of the park. The Developer will improve the
remainder of the park when development of the adjacent area southeasterly of the park site is
completed sometime in the future. Due to current market conditions, development of that area
has been deferred. The Developer will submit a Surety Bond to ensure the development of the
remaining park area. The Developer has also provided staff with preliminary title report and no
exceptions were noted. The Developer has also requested that the City grant it a temporary
Staff Report - Continued
construction easement to allow the Developer to complete the improvements at a later date, at
which time the temporary easement will be terminated.
Once the City accepts the park, it will assume all maintenance responsibility. Since the park is
not under the LMD, annual maintenance costs will need to be paid from the general fund. The
attached resolution authorizes the acceptance of the improvements within Chancellor's Park,
Collegiate Park and Freddie Spellacy Park (Regency Park), and fee title of the park by the City.
Although the Agreement was executed by J.R. Watson & Associates Development Company,
they hold title to this parcel as University Park, LLC.
FINANCIAL IMPACT:
The costs of maintenance of the park will be paid from Parks, Recreation & Community Services
Personnel Services (001-382-5011) and Maintenance and Operation (001-382-5111). The total
annual maintenance costs are estimated to be $9,500.
RECOMMENDATION:
Adopt Resolution
Attachments:
- Vicinity Map
-Site Map
-Resolution
-Grant Deed with Acceptance Certificate
No Scale
5th St.
GENERAL LOCA TION OF
PARK IMPROVEMENTS
PROPOSED TO BT ACCEPTED
BY THE CITY
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
VARIOUS PARK IMPROVEMNTS
PROPOSED TO BE ACCEPTED
BY THE CITY
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: L05Z/0 F oqo55Y Date: 04-21'-09
COLLEGIATE PARK
(100% IMPROVED)
CHANCELLOR'S PARK
(100% IMPROVED)
ART COLONY PARK
(100% UNIMPROVED)
FREDDIE SPELLACY PARK
UNINMPROVED PORTION
(City to Grant temporary construction
easement to University Park,LLC)
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
VARIOUS PARK IMPROVEMNTS
PROPOSED TO BE ACCEPTED BY
THE CITY
File No. 15.05-269
Created by: 4.~ ;;1',4&'"
Date
t~~V
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 ACCEPTANCE OF PARK IMPROVEMENTS FOR CHANCELLOR'S PARK,
LOCATED AT THE NORTHEAST CORNER OF KENDALL DRIVE AND CAMPUS
4 PARKWAY; COLLEGIATE PARK, LOCATED AT THE SOUTHWEST CORNER OF
5 CAMPUS P ARKW A Y AND NORTHP ARK BOULEVARD, AND A PORTION OF
FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK
6 BOULEVARD, SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE
TO SAID FREDDIE SPELLACY PARK FROM, AND GRANTING A REVOCABLE
7 TEMPORARY CONSTRUCTION EASEMENT TO, UNIVERSITY PARK, LLC.
8
9
10
WHEREAS, on the 21st day of February, 2006, Resolution No. 2006-59 was adopted,
authorizing the execution of a Park Development and Improvements Agreement
11 ("AGREEMENT") with lR. Watson and Associates Development Company ("DEVELOPER")
12 for certain park improvements as stated therein; and
13 WHEREAS, the DEVELOPER has completed the improvements or portions of the
14 improvements for certain parks stated within said AGREEMENT; and
15
WHEREAS, the DEVELOPER has requested that the City accept certain improvements,
16
or portions of improvements, completed pursuant to said AGREEMENT.
17
18 WHEREAS, the DEVELOPER holds title to certain parks set forth in said
19 AGREEMENT as University Park, LLC and desires to transfer fee title of the park referenced as
20 Regency Park in said Agreement, and now known as Freddie Spellacy Park, to the City; and
21
22
WHEREAS, the DEVELOPER has requested a temporary construction easement over
the un-improved portion of Freddie Spellacy Park for the purpose of completing park
23
24 improvements.
25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
26 OF SAN BERNARDINO AS FOLLOWS:
27
28
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
hereby approve and accept the park improvements as constructed within certain parks set forth
~13lRlllo1
OS/28/09
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF PARK
IMPROVEMENTS FOR CHANCELLOR'S PARK, LOCATED AT THE NORTHEAST CORNER OF
KENDALL DRIVE AND CAMPUS PARKWAY; COLLEGIATE PARK, LOCATED AT THE
1 SOUTHWEST CORNER OF CAMPUS PARKWAY AND NORTHPARK BOULEVARD, AND A
PORTION OF FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK BOULEVARD,
2 SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE TO SAID FREDDIE SPELLACY
PARK FROM, AND GRANTING A REVOCABLE TEMPORARY CONSTRUCTION EASEMENT TO,
3 UNIVERSITY PARK, LLC.
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 2. That the Mayor and Common Council hereby approve and accept that
portion of the park improvements as now constructed, within that certain park referenced as
Regency Park in said AGREEMENT, now known and hereinafter referenced as Freddie Spellacy
Park, as shown on said Exhibit "1".
SECTION 3. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, an acceptance certificate for the transfer of fee title
from University Park, LLC for Freddie Spellacy Park as shown on said Exhibit "1", and more
fully described in a Grant Deed, a copy of which is attached hereto as Exhibit "2" and made a
part hereof.
SECTION 3. That the Mayor is hereby authorized and directed to execute on behalf of
the City, a Grant of a Revocable Temporary Construction Easement to University Park, LLC,
over the remaining un-improved portion of Freddie Spellacy Park, a copy of which is attached
hereto as Exhibit "3" made a part hereof, after the recording of the Grant Deed as set forth in
Section 4 herein.
SECTION 4. That the City Clerk is hereby authorized and directed to file, or cause to be
filed, said original Grant Deed with the office of the County Recorder of San Bernardino County.
04/28/2009
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF PARK
IMPROVEMENTS FOR CHANCELLOR'S PARK, LOCATED AT THE NORTHEAST CORNER OF
KENDALL DRIVE AND CAMPUS PARKWAY; COLLEGIATE PARK, LOCATED AT THE
1 SOUTHWEST CORNER OF CAMPUS PARKWAY AND NORTHPARK BOULEVARD, AND A
PORTION OF FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK BOULEVARD,
2 SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE TO SAID FREDDIE SPELLACY
P ARK FROM, AND GRANTING A REVOCABLE TEMPORARY CONSTRUCTION EASEMENT TO,
3 UNIVERSITY PARK, LLC.
4
5
6 Common Council of the City of San Bernardino at a
7
8
9
10
11
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
day of
, 20_, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
12 BRINKER
13 SHORETT
14
KELLEY
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
(~
ES F. PENMAN
04/28/2009
3
I
COLLEGIATE PARK
( 100% IMPROVED)
CHANCELLOR'S PARK
(100% IMPROVED)
ART COLONY PARK
(100% UNIMPROVED)
FREDDIE SPELLACY PARK
UNINMPROVED PORTION
(City to Grant temporary construction
easement to University Park.LLC)
./'--.
EXHIBIT "1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
VARIOUS PARK IMPROVEMNTS
PROPOSED TO BE ACCEPTED BY
THE CITY
File No. 15.05-269
RECORDING REQUESTED BY
CITY CLERK
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
CITY HALL
300 North "D" Street
. San Bernardino, CA 92418
Space Above This Line for Recorder's Use Only
A.P.N.: 0151-342-21-0-000
File No.: NCS-388956-SA1 (gf)
GRANT DEED
The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0; OTY TRANSFER TAX $0;
SURVEY MONUMENT FEE $0
[ ] computed on the consideration or full value of property conveyed, OR
[ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area; [ ] City of San Bernardino, and
[ X ] Exempt from transfer tax; Reason: Conveyance to a Governmental Agency
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
University Park, LLC, a California limited liability company
hereby GRANT(s) to The City of San Bernardino, a municipal corporation
the following described property in the City of San Bernardino, County of San Bernardino, State
of California:
LETTER LOT R OF TRACT NO. 16509-7, IN THE CITY OF SAN BERNARDINO, STATE OF
CAUFORNIA, AS PER MAP RECORDED IN BOOK 331 PAGES 83 THROUGH 92, INCLUSIVE OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT "2"
Mail Tax Statements To: SAME AS ABOVE
Grant Deed - continued
Date: 04/14/2009
A.P.N.: 0151-342-21-0-000
File No.: NCS-388956-SA1 (gf)
Dated:
04/14/2009
UNIVERSITY PARK, LLC, A CAUFORNIA UMITED UABIUTY COMPANY
By: UNIVERSITY PARK MANAGEMENT, LLC, A CAUFORNIA UMITED
UABILITY COMPANY, ITS MANAGER
. before me, 'S c\ Y\ \ (L \;\J c..\ \
~ 'v\jr, \sc~,
, who proved to me on the basis of satisfactory evidence to
be the person(s)' whose nameCs'~are subscribed to the within instrument and acknowledged to me that
':te/sAe/they executed the same in,b.~/her/thcir authorized capacity(~, and that by@ocrftheir signature~ on
the instrument the person{.5), or the entity upon behalf of which the person~ acted, executed the instrument.
By: /l,," I,r/r;.,
Jatms . Watso " Manager
STATE F t' Q\ \~ Cl ('IlL:...
COUN OF C' L"\l'\l1.2-
On t\yr,\ \1~,,),OCJ\
Public, personally appeared -y;~ ~y, (J t.\
)SS
)
. Notary
I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
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~ ~ Notary PublIc . California
t ~ Orange COt6lty -
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WITNESS my hand and official seal.
Signature
, ,
t{.,commis~n Expires: ,\ "''oll'/\- il ,l. LtC,
This area for official notarial seal
~-._--~_..-
Notary Name:):' ,'., (,', \,C I,' .\
Notary Registration Number: \C'J"("; VI(/
Notary Phone: 'S l:;). '-\;; C' . i,', '..-J
County of Principal Place of Business: I \ I I' "~I ;)
P,Jge 2 of 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within instrument to the City
of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council, and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
Date:
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
r:ITY HALL
)0 North "D" Street
San Bernardino. CA 92418
APN: Por. of 0151-342-21
SPACE ABOVE FOR RECORDER'S USE
GRANT OF A REVOCABLE
TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN
BERNARDINO, a municipal corporation, hereby grants to UNIVERSITY PARK, LLC, a California Limited
Liability Company, a revocable temporary construction easement for the installation of park improvements and
appurtenant facilities, across the real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
THIS REVOCABLE EASEMENT SHALL TERMINATE UPON COMPLETION OF SAID PARK IMPROVEMENTS BY
GRANTEE AND ACCEPTANCE OF SAID IMPROVEMENTS BY GRANTOR, OR WHEN REVOKED BY GRANTOR.
CITY OF SAN BERNARDINO,
a municipal corporation
Dated:
By:
PATRICK 1. MORRIS. Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
STATE OF CALIFORNIA
On
before me,
Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his, her/their authorized capacity(ies), and that by his/her'their signature(s) on
the instrument the person( s) , or the entity on behalf of which person(s) acted, executed the instrument.
1 certify under the PENALTY OF PERJURY under the laws of the State of Cali fomi a that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
EXHIBIT "3"
Signature
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
THAT CERTAIN PORTION OF LOT R OF TRACT NO. 16509-7 FILED IN BOOK 331 PAGES 83
THROUGH 92, INCLUSIVE, OF MAPS RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT R: THENCE ALONG THE
NORTHWESTERLY LINE THEREOF SOUTH 68014'47" WEST 439.04 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE SOUTH 14004'11" EAST 59.18 FEET TO AN ANGLE POINT IN THE
SOUTHEASTERLY LINE OF SAID LOT R, SAID ANGLE POINT BEING THE SOUTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE IN SAID SOUTHEASTERLY LINE SHOWN AS HAVING A
BEARING OF NORTH 23014'47" EAST AND A DISTANCE OF 33.44 FEET ON THE MAP OF SAID
TRACT; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING COURSES;
NORTH 23014'47" EAST 33.44 FEET;
NORTH 68014'47" EAST 261.40 FEET;
SOUTH 21045'13" EAST 83.13 FEET;
NORTH 68014'47" EAST 33.51 FEET;
SOUTH 66022'11" EAST 57.83 FEET;
NORTH 21045'13" WEST 54.61 FEET;
NORTH 68014'47" EAST 87.78 FEET TO SOUTHWESTERLY SIDELINE OF NORTH PARK
BOULEVARD (60 FOOT HALF-WIDTH), AS SHOWN ON THE MAP OF SAID TRACT; THENCE ALONG
SAID SOUTHWESTERLY SIDELINE NORTH 21045'13" WEST 104.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING 28,807 SQUARE FEET (0.66 ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE PART
HEREOF.
SUBJECT TO COVENANTS CONDITIONS, RESERVATIONS, RESTRICTIONS. RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
PREPARED BY OR UNDER TH-t DIRECTION OF:
/1 "./ / ~/, _
L~' 11 ~ / / . /P
CHARLES J. PRIO}:O JR., R C, 30790
LICENSE EXPIRE'S 03/31/10
DA TE 1 - 2. 1 - ~ r
EXHIBIT B
TO ACCOMPANY LEGAL DESCRIPTION
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18 TECHNOLOOY. sum! 154
IRVINE. CAUR>RNIA '~
T. 96:7@.66lX)
F. 96.769.6605
WWW.CVC-INC.NET
TEMPORARY
CONSTRUCTION
EASEMENT
DATE
2/27;09
SHEET
1
1
OF