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HomeMy WebLinkAboutS4- Public Works CI'T'Y OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION File No. 4 . 1761 From: Roger Hardgrave Subject: Authorization to Execute Right-of Entry -- Improvement of Bailey Dept: Public Works Creek, South of Ohio Avenue Date: 11-13-96 ORIG 6" Synopsis of Previous Council action: 04-03-89 - City Attorney directed to file a Petition for Intervention with the Federal Energy Regulatory Commission. 08-17-92 - Memorandum of Understanding with Department of Water Resources, which among other things , included the construction of Bailey Creek and the north half of Ohio Avenue , approved. 09-08-92 - Revised Memorandum of Understanding approved. 02-05-96 - Resolution No . 96-31 adopted authorizing execution of Streambed Alteration Agreement , and Negative Declaration and Mitigation Plan adopted. Recommended motion: That the Mayor be authorized to execute a Right-of-Entry across the City parcel , on the southeast corner of Ohio Avenue and Olive Street , to allow the Department of Water Resources to improve Bailey Creek cc: S. Clark Signature Contact person: Roger Hardgrave Phone: 5025 Supporting data attached: Staff Report & Right-of-Entry Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: A Al/ 11-18-96 (Suppl ) Agenda Item No. S-#1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The California Department of Water Resources have prepared plans for construction of a debris basin for Bailey Creek, and improvement of the natural channel south to Walnut Street The plans were prepared in accordance with the Memorandum of Understanding entered into by the City and Department relative to construction of the second afterbay. Permanent right-of-way for the channel will be acquired at a later date. Since the portion of the creek south of Ohio Avenue is outside the area covered by the Memorandum of Understanding the Department of Water Resources will expect to be reimbursed for the cost. We recommend that authorization be granted to execute a Right-of-Entry across this City parcel. URGENCY CLAUSE: Rights-of-Entries will need to be executed by owners of the additional rights-of-way required for the project, in order to allow advertising for bids to be commenced. 11-13-96 75-0264 State of California DEPARTMENT OF WATER RESOURCES The Resources Agency Division: East Branch Enlargement Feature: Devil Canyon Parcel No.:APN 0261-082-01 (EBE-86) RIGHT OF ENTRY Permission is hereby granted to State of California,Department of Water resources, its agents and contractors,to enter upon land in the County of San Bernardino,as outlined in yellow on the attached map for the purpose of constructing State Water Project facilities, drainage canal appurtenances,and incidents.thereto subjects to the following conditions: 1. This permission is hereby granted to allow the State to construct facilities on property owned and controlled by the City of San Bernardino, identified as a strip of land,approximately 125 feet wide and approximately 60 feet long,over and across San Bernardino County Assessor's Parcel No. 0261-082-01 as shown on the attached map 2. The State will,without unnecessary delay,negotiate with the undersigned and any other person,having any right,title or interest in said property,to agree upon terms and conditions of this transaction. 3. Upon completion of construction and acceptance of improvements by City, State will provide a legal description of said improvements,and a copy of contract drawings. 4. The effective date of possession shall be the date accepted by State,as written below. 5. The Department agrees to indemnify and hold harmless the permittor,and to repair or pay for any damage caused by reason of the negligence of State during the conduct of activities authorized by this permit,except those arising out of negligence of Permittor. 6. This permission and the rights granted herein are exclusive and irrevocable unless otherwise provided herein. This permission shall continue in effect throughout negotiations,or until 90 days after State has been requested in writing by the undersigned to commence eminent domain proceedings. Where a condemnation action is commenced,this permission shall extend until final determination of said action. Permittor Name and Address: Recommended for Approval: City of San Bernardino 300 N. "D"Street Land Agent San Bernardino,CA 92418 Senior Land Agent y_ Mayor ACCEPTED: Date: State of California The Resources Agency Phone:Number: (909)384-5111 Department of Water Resources by: Date: S Z CL I ti W s In W / / u• /\ \ � a m LLl C, t-- ` = w Q Cld W L X C OL �` • / �� l / LU �> / // COMNa N / Z~O / / cm / � �0 W QQU / W2 ..Y •N / o N LLI Cr O .N, W `e • /gNh /�' - Sys .' °� ¢ate H / fJ� �— _ L / 3 � W U W a / LLJ • j7 1Q W V �' Z� m •O / 3 / / / _w a LLI / -anoVnwe wrs o ui� / F— Q zff a /LLI Z m / 4c,J / m N Q LL! w / It 1 10 O LLI Z .O ? / L L w m / j •L _ v //�Z•// LLJ H N z // c LLJ 8 Z CL CL