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HomeMy WebLinkAbout43-Public Works CITY OF SAN BERN. File No. 15.30-279 ~ 'tDINO - REQUEST F R COUNcil"'-(ACTION From: ROGER G. HARDGRAVE, Di rectJE C'D. - t'.D MiN. aitiject: Dept: Public Works /Engineering 1939 JUN 2G AM to: 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 06/05/89 Authorization to proceed was given, and Plan No. 7726 was approved. 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 1 i c heari ng date of 07/17/89 for the proposed vaca ti on of the frontage road West of Waterman Avenue, South of Caroline Street, per attached Plan No. 7726. Recommended motion: 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 DeBo 1t Phone: 5328 Contact person: Staff Report, Resolution, Map Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) {City initiated} (Acct. DescriPtion) Finance: Council Notes: 06/20/89 Agenda Item NO.~ 3 75-0262 CITY OF SAN BERNARDINO - REQUEST PvR 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. Util i ty compani es and Ci ty departments were notifi ed of the proposed vaca ti on 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 Public 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 wi th 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 Ri versi de regardi ng the access to thei r 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 public utility purposes. The City of Riverside 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. 06/20/89 75-0264 ~ 1M Par. 6 " I @ ~. I 1\ 'v) Por. II ~ 1 ~@I ." I I "I I I I I I I I I I l 3f. " ~;, I I I I I I I I I I I I I I I I I 1 I I I I I I ~ ~ at> ~ p" ~ .. ~ " Par. 3 @ Por.1 @ . . 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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 wellsu. 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 questi ons. of if we can be of any further hel p 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 -4 300 NORTH 0 STREET SAN BERNARDINO CALIFORNIA 92418.0001 714/314-5111 '-"', 1 2 3 4 5 6 RESOLunON NO. .. A RESOLUTION OF THe CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH 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 7 Bernardi no, having heard the evidence offered in relation to the proposed 8 vacation of that certain frontage road, West of Waterman Avenue, South of 9 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 08-14-89 SECTION 2. The Mayor and Common Council of said City do hereby 14 vacate that certain frontage road, West of Waterman Avent/e, South of 15 Carol i ne Street, San Bernardi no, Ca 1 iforni a, more parti cularly described 16 17 18 19 20 21 22 23 j as 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 890 47' 49" West, along the centerline of said Caroline Street, a di stance of 195.09 feet; thence South 000 12' 11" List, a distance of 30.00 feet to the South line of said Caroline Street, said point also being the True Point of Begi nni n9; thence South 000 011 25" East, a di stance of 40.00 feet; thence South 360 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 Haterman Avenue, a distance of 290.48 feet; thence South G30 29' 11" West, a distance of 256.64 feet; thence South 890 47' 540 West, a distance of 49.66 feet; thence South 000 011 25" East, a distance of 110.00 .feet; thence North 890 47' 54" East, a distance of 85.00 fel~t, thence North 040 391 41" East, a di stance of 367.30 f,=t.t to a point 50.00 feet 24 25 I 26 27 28 ! I I 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. WEST OF WATERMAN. SOUTH OF CAROLINE Westerly of Waterman Avenue; thence North 000 01' 2511 West and parallel with said centerline of Waterman Avenue. a distance of 375.79 feet; thence North 050 20' 5511 West. a distance of 60.19 feet; thence North 4r 46' 3311 West. a distance of 36.91 feet; thence South 890 47' 49" West. parallel with the centerline of said Caroline Street. a di stance of 112.09 feet to the True Poi nt 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 t6 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 Caroline Street to Parcels 4 and 5 of Parcel Map No. 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, and an easement for Pacific Bell and Southern California Edison to construct. place, operate, inspect, mal nta in, repair, repl ace and remove such aeri a 1 and underground telephone, telegraph and communication structures and electrical transmi ssi on 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; s al so specifically reserved for the City of San Bernardino, an easement in, over, under and across the North twenty-five feet (2S') 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 II STREET VACATION: FRONTAGE ROAD, WEST OF WATERMAN, SOUTH OF CAROLINE 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 I! STREET VACATION: FRONTAGE ROAD. WEST OF WATERMAN. SOUTH OF CAROLINE , I ! I 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 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: Ci ty Cl erk 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 /1 7, /Iev~ 4 CITY OF n: ~ _.11_ A ~ J" ADMINISTRAT!VE SERVICES DEPARTMENT ~~~ 3900 Main Street. Riverside, California' 92522 ""-, RECEI\lcr:-r~'" Y C!.ERI" ,'" '89 SEP -1 P 3 :51 y~. ~~ " "-. ".:. t~. -.1:,'";;;';..'';;' LAWRENCE E. PAULSEN Administrative Services Director AdminIstration Property Services 7141782.5555 7141782-546 , September 1, 1989 Patrick T. Hopkins, President The Sunset Group 225 West Hospitality Lane, Suite 100 San Bernardino, CA 92408 Subject: C1 ub Project - San Bernardi no - Proposed Waterman Avenue Frontage Road Vacation Dear Mr, Hopkins: Reference is made to my letter to you dated August 15, 1989, summarlzlng our discussions and confirming the conditions under which the City of Riverside wi 11 wi thdraw its objections to the proposed vacation of the Waterman Avenue frontage road. A copy of that letter is enclosed 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 Bernardino at 10:00 a.m. on Wednesday, September 6, 1989, I feel it appropriate that I summarize the current status of the response to my August 15, 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 Bernardino 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 CHy of San Bernard i no has prepared an Easement Deed wh i 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. 5. I assume that the City of San Bernardino will accept the Easement Deed referred to in 4 above prior to recordation. 6. The City of San Bernardino has furnished a copy of a memorandum dated August 17, 1989 that satisfies this condition. 7. I understand that your attorney John Mirau is working on the amendment referred to in No.7; however, we have received nothing from him. 8. Although your engineer has submitted a drawing showing the replacement well site which was unacceptable and we have advised 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. Notwithstanding this, physical inspection 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. He 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 15, 1989 letter cannot be met by September 6, 1989, and it is therefore apparent that it wi 11 be neces sary for the Ci ty of Ri vers i de to 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. Hhen 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. Hilliam Holsinger Real Property Services Manager MHH/2652Yb Enclosure cc: ~. R. "Bob" Holcomb, Mayor, City of San Bernardino ~ Shauna Cl ark, Ci ty Cl erk, City of San Bernardi no v-/ James F. Penman, City Attorney, City of San Bernardino Roger Hardgrave, Director of Public Horks, 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 August 15, 1989 Patrick T. Hopkins, President The Sunset Group 225 Hest Hospitality Lane, Suite 100 San Bernardino, CA 92408 Subject: Club Project - San Bernardino - Proposed Waterman Avenue Frontage Road Vacation Dear Mr. Hopkins: This letter is to summarize our numerous discussions regarding the proposed vacation of the portion of the Haterman 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' w\11 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 Bernard1no to furnish a copy of the draft Resolution of Vacation for review by the City of Rivers1de prior to its adoption. 3. - S I mchowl tz - H No.1, or the current fee owner, to grant to the CI ty of R I v e r sId e an e a s e me n t for I n g res san d e g res s fr om a d r I v e way 1 e a dIn g from CarolIne Street Into the parldng 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.' Slmchowitz - 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 CI ty of San Bernardi no to furni sh wri tten assurances to the Ci ty of RIverside that saId 36-foot-wide street improvements will be sufficient for future Independent commercial development of the City of Riverside's 6 acre ownershIp. Such Lease Amendment to be cleared with the existing lender(s) and lessee(s). 8. S i mchowitz - H No. 1 to pre.pare 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 drawing. Such relocation of the future well to Include any necessary modifications of water and drain lIne easements. Such amendments to be approved by the CI ty of Rivers i de, Board of Pub li c Utilities and the City Council, as well as Simchowitz-H No.1 and its lenders prior to adoption of the Vacation Resolution by the Cay of San Bernardino (currently scheduled for September 6, 1989). We 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 file, 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. If you have any QuestIons understandIng. please advIse. Very truly yours. M. WIllIam HolsInger Real PropertyServlces Manager MWH/2432Y/c or If the abc..e does not reflect OtherwIse. we shall proceed on thIs basIs. )Ur cc: W. R. "Bob" Holcomb. Mayor, CHy of San Bernard\no Roger Hardgrave, 01rector Pub11, Works, C1ty of San Bernard1no John Mirau, Attorney at law R6bertSams. Ass1stant C1ty Attorney, CIty of RIvers1de James F. Penman, C1ty Attorney, C\ty of San Bernard\no