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Highland Haven Baseline/Almeria Sewer Line Project (1992)
RECEIVED AUG 191993. of THE `' '\ ENGINEERING City of Fontana . r' a1 � CALIFORNIA -2-miejt 1/4 k_ August 16, 1993 Mr. Steven Jones Project Manager The Presley Companies 19 Corporate Plaza • Newport Beach, CA 92660 • RE: Sewer Reimbursement Agreement (Tract 12314/10800) Cost Summary for Construction of Trunk Sewer on Almeria Avenue Dear Mr. Jones: As per sewer reimbursement agreement dated February 16, 1993 between the City of Fontana and the Presley Companies, attach is the cost summary for construction of Trunk.Sewer Main on Almeria Avenue. The cost. analysis indicates that the Presley Companies will reimburse the City of Fontana Sewer Fund an amount of $53,751.53 as per the above referenced sewer reimbursement agreement. Please note that the cost summary includes only items, for which actual payment was made to the contractor. The cost for Construction Surveying and Geotechnical Services is per the actual cost incurred for Almeria Avenue (see letters attached)'. The other miscellaneous costs on the project have been distributed in the same percentage as that of the construction cost of Almeria Avenue is to the total construction cost of the project, which is calculated as 35.38%. Construction Cost Almeria Avenue = $170,622.03 35.38% Total Project Construction Cost = $482,230.44 The total construction cost of sewer on Almeria Avenue is $215,255.27. 43.3% developer's share per reimbursement agreement is. $93,205.53. Reimbursing developer $39,454.00 for design cost leaves balance to be paid by developer to the City is $53,751 .53. • 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA.CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA lot recycled paper \ • • If the Presley Companies is in agreement with the figures please sign below and r eturn the same at your earlies convenience. Please call the undersigned if you require any additional information. Sincerely, • COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Robert W. Weddle City Engineer AGREED BY: Aka me .ita;At I'146.3A z4-4--. Title cc: Redevelopment Project Coordinator (MP) Associate Engineer/Special Projects (YP) RWW:YP:jh • COST BREAKDOWN FOR Original ALMERIA AVENUE SEWER Contract $464,020.00 Change Order 18,210.66 Total Contract Amount $482,230.66 Item Unit Unit Total Description Price Amount 1. Install 8" Sewer Main & Plug End 22 L.F. $29 $ 638.00 2. Construct Sewer Manhole 10 Ea. $2330 23,300.00 3. Install 18" Sewer Main 2313 L.F. $43 99,459.00 4. Install Lateral Wye (18"x4") 44 Ea. $254 11,176.00 5. Join to Existing Sewer (Remove 18" 1 $1 1 .00 Sewer Plug) 6. Install 21" Sewer Main 285 L.F. $53 15,105.00 7. Install 21"x4" Lateral Wye 8 Ea. $344 2,752.00 8. Install Pipe Gate Per S.B.C:F.C.D. 2 Ea. $1440 2,880.00 9. Install Erosion Control, Sandbags 2 1 L.S. $5350 5,350.00 High 10. Apply dry Hydroseed Mix on Graded 1 L.S. $4950 4,950.00 Area of Almeria Avenue 11. Trench Shoring, bracing of shielding 1 L.S. .$6600 2,931 .03 and Appurtenant Work (44.41 Almeria) 12. ' Clearing and Grubbing (90% Almeria) 1 L.S. $2200 1,980.00 13. 8" Sewer Plug (10 plugs on Almeria) 10 Ea. $10 100.00 TOTAL 170,622.03 (This is 35.38% of Total Contract Amount) Construction Inspection & Engineering 10,090.63 Staff Support Time (35.38% of Total on Project) Operating Cost (35.38% of Total on 645.35 Project) Legal Services (Review Contract 149.01 Document) (35.38%) _ Construction Survey Staking (Actual 8,700.00 Survey Services for Almeria) CHJ Geotechnical Services _ 5,728.25 (Distributed actual contract amount according to the percentage of pipe length ie. 44.41 %) Construction Costs $195,935.27 Segment 2 Design Cost 19,320.00 Total Project Cost for Almeria Avenue 215,255.27 Only Developer's Share Per Agreement 93,205.53 43.3% Reimbursement to Developer for Total (39,454.00) Design Costs Balance to be Reimbursed to the City $ 53,751 .53 • • • i i • • • 5: Cc • H • • INCORPORATED P.O. Box 231 • 1355 East Cooley Drive, Colton, CA 92324 • Phone (714) 824-7210 11910 Hesperia Road, Suite 2 • Hesperia, CA 92345 • (6,19) 949-0006 r RECEIVED g Ate ;ono August 10, 1993 4t EN '8 ofFjcE City of Fontana Job No. 93301-1 8353 Sierra Avenue • Fontana, California 92335 Attention: Mr. Yousuf Patanwala RE: Baseline / Almeria Sewer Project Fontana, California Dear Mr. Patanwala: Our records indicate that $5,728.25 was charged to Almeria Street. If there is any other information that you may require, please do not hesitate to contact us. Sincerely, C. H. J. , INCORPORATED q-Oaft- WyizAdd Joan Hynes Billing Supervisor JH:br SOILS ENGINEERS • MATERIALS TESTING AND EVALUATION • CONSTRUCTION INSPECTION PFEILER & ASSOCIATES ENGINEERS CIVIL ENGINEERING • SURVEYIN 612 North Diamond Bar Boulevard • Diamond Bar,California .1765 4 _ (909)860-5850 • FAX(909)860.3967 • /1j/ August 5, 1993 449 CirY %eCity of NG�NFFR ana S 8353 Sierra tAvenue oFF/cc. Fontana, CA 92335 Attention: Yousuf Patanwala Subject: Almeria Avenue Sewer Fontana, CA Dear Yousuf: Asyou have requested we have reviewed the costs for the construction staking portion of the Almeria Sewer Project. The total costs for surveying services on this project was $8,700.00. This work included staking for grading, line and grade for the sewer line and miscellaneous topographic services for stockpile areas. Also included was control work for the centerline of Almeria, benchmarks, and grade sheets. If you have any questions in this regard, please call me at .909/860-5850. Sincerely, PFEILER & ASSOCIATES, ENGINEERS INC. By Mark P. Pfei er, Vi e P esident MPP:jkw Baseline/AlmeriaSewer Project Schedule, Activity Target Date Actual Date Council Agenda Item to Hulsizer October 26, 1992 10-26-92 regarding negative declaration and resolution of necessity Agency Attorney employs services October 28, 1992 10-28-92 of appraiser Agency Attorney mails notice of November 1, 1992 11-1-92 public meeting to Presley Council Meeting - Council approves November 17, 1992 11-17-92 negative declaration and the resolution of necessity Council Agenda Item to Hulsizer November 30, 1992 11-30-92 regarding authorization to bid Appraisal report submittal to December 5, 1992 12-5-92 Agency Attorney Council Meeting. Council authorizes December 15, 1992 12-15-92 bidding of Project Agency Attorney files suit and December 22, 1992 12-22-92 requests immediate possession Just compensation deposited with January 3, 1993 Court. Order for possession obtained. Noticing/mailing of bid announcement January 4, 1993 Bid'opening February 4, 1993 Council Agenda Item to Hulsizer February , 1993 regarding reward of contract Council Meeting - Council approves March 2, 1993 Notice to Proceed issued April 2, 1993 Construction completed August 9, 1993 GVO/pd,-) 1-5-93 : 1 • BEST BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS \ LAWYERS ARTHUR L.LITTLEWORTH* DOUGLAS S.PHILLIPS* MATT H.MORRIS MARSHALL S.RUDOLPH' ( {{,,1 '�993 400 MISSION SQUARE GLEN E.STEPHENS• ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS J W \3750 UNIVERSITY AVENUE WILLIAM R.DSWOLFE* GREGORY K.WILKINSON STEVEN C.DSBAUN CYNTHIA M.GERMANO f ��!-. ; POST OFFICE BOX 1028 BARTON C.GAUT* WYNNE S.FURTH BRANT H.DVEIRIN MARY E.GILSTRAP (,J r�j�l.-\- „ PAUL T.SELZER` DAVID L.BARON ERIC L.GARNER NGUYEN D.PHAN rI, -� f1� 1,,+�i1 D� RIVERSIDE.CAU FORNIA 92502 DALLAS HOLMES* EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. Q ,C itd.-V TELEPHONE(714)686-1450 CHRISTOPHER L.CARPENTER*BASIL T.CHAPMAN JULIE HAYWARD BIGGS GINEVRA C.MARUM P.. t` hrt RICHARD T.ANDERSON* TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER \ L_1� ��1� TELECOPIERS JOHN D.WAHLIN* VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE ��- • (714)686-3083 682-4612 MICHAEL D.HARRIS* DANIEL E.OUVIER JANICE L.WEIS CHRISTINE L.RICHARDSON W.CURT EALY` DANIEL J.MCHUGH SHARYL WALKER JOANE GARCIA-COLSON THOMAS S.SLOVAK* HOWARD B.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER - '/ JOHN E.BROWN* STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL• MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD ------ MEREDITH A.JURY* JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES DURNEY OF COUNSEL MICHAEL GRANT* MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE DAMES B.CORISON FRANCIS J.BAUM* J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY I.ANDERSON ANNE T.THOMAS* VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHERY* JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN,SR. DINA O.HARRIS WILLIAM W.FLOYD,JR. JACK B.CLARKE,JR. KENNETH R.WEISS MICHAEL A.CRISTE• BRIAN M.LEWIS SUSAN C.NAUSS GREGORY L.HARDKE JEANNETTE A.PETERSON CHRISTOPHER DODSON OFFICES IN KENDALL H.MSCVEY BRADLEY E.NEUFELD BERNIE L.WILUAMSON PALM SPRINGS(619)325-7264 CLARK H.ALSOP* KANDY LEE ALLEN ELAINE E.HILL RAYMOND BEST(1868-1957) RANCHO MIRAGE(619)568-2611 DAVID J.ERWIN* ELISE K.TRAYNUM KEVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) MICHAEL J.ANDELSON• WILUAM D.DAHLING,JR. JAMES 8.GILPIN EUGENE BEST(1893-1981) ONTARIO(714)989-8584 AA PROFESSIONAL CORPORATION January 8, 1993 . VIA FACSIMILE AND FIRST CLASS MAIL Maggie Pacheco Redevelopment Project Coordinator City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: City of Fontana v. Presley of Southern California; et al. San Bernardino Superior Court Case No. 276856 Baseline-Almeria Sewer Project Dear Maggie: We were misinformed about the date Presley of Southern California was served with Summons, Complaint, Order for Possession and related documents in the referenced matter. Apparently, they were served on December 28, 1992, rather than December 23, 1992. Therefore, according to the terms of the Order for Possession, the City is authorized to take possession of the sewer easement on January 8, 1993. However, this is still subject to the possibility that Presley will move to set aside the City's Order for Possession or to challenge the City's right-to-take the easement within 30 days of being served, as described in our letter of December 29, 1992. LMH147743 `+ LAW OFFICES OF BEST, BEST & KRIEGER Maggie Pacheco Redevelopment Project Coordinator January 8, 1993 Page 2 If you wish to discuss this further or have any questions, please do not hesitate to call. Very truly yours, Kendall H. MacVejr of Best, Best & Krieger cc: Jay M. Corey, City Manager Greg Hulsizer, Community Development Director Robert W. Weddle, P.E., City Engineer Stephen P. Deitsch, Esq., City Attorney LMH147743 _I UMW FONTANA 'CITY-OF FONTANA MTV • ^� COMMUNITY I 1\.DEVELOPMENT ` ` �� _ "9R1 v DEPARTMENT "� Q ,�T. ployment standaras—t �� NOTICE INVITING established'by the State SEALED BIDS FOR r ' NO'TiCEMMHG. Director ,•of CONSTRUCTION OF SEALED be required.trial ' tion 12940. Compliance Relations will " AND BASELINEALMERIA AVENUE with the prevailing rates of FOR TRUNK SEWER SYSTEM wages and apprenticeshipT1ifklYfONpp Affirmative action to ensure employment standards SAVE AVENUE D against discrimination in PUBLIC NOTICE IS HERE- established by' the State • BY GIVEN That THE CITY Director of a required. Rela- ALMERIA AVE7VUIE • employment practices on Lions will be required.ensure ♦«AK SYSTEM the basis of race, color, OF FONTANA as AGEN- SEMEN CY invites sealed bids for afgainst action to ensure national origin, ancestry, the above stated protect against discrimination practices in PUBLIC NOTIC Ewill IS HEREBY sex, or religion will also be'in the offices of the City the basis of race, color, GIVEN;.that. the Clty of required. Clerk of the City of Fon- national.origin, ancestry, Fontana, tana, 8353 Sierra Avenue sex,or religion will also be as AGENCY, The AGENCY hereby Fontana, California 92335 required. The AGENCY invites sealed bids for the affirmatively ensures that en- up to the hour of 2:00 P.M. hereby affirmatively above Stated project and minority business on the 4th day of Febru- nurse ter minority bust- ary, 199t at which time ness enterprises will be af- •will receive such bids In the enterprises will be afforded Then will be publicly forded full opportunity to offices of the.City Clerk U opened and read aloud. submit o bids and response a to the hour of 200 P�� „p I full opportunity to submit The work of improvement discriminated notice will not be �,�„ bids in response consists of furnishing all discriminated against on p nee to this materials, equipment, the basis of race, color, I notice and will not be tools, labor, and tnciden- : national origin ancestry, 1223,at which time theywill discriminated against on tale as required by the i sex,or religion origin, an con- be Plans, Specifications and stderation leading the publicly opened and the basis of race, color, Contract Documents•for award of contract read aloud. national origin, ancestry, the above stated protect. `The contract documents The work of improvement The general items of work Call for monthly progress sex, or' religion in any to be done hereunder con- engineers estimate of the consists of furnishing all Consideration leading to the stet of REMOVAL OF EX- materials, equipment, tools, ' award of contract. !STING STREET IM- percentage of work com- FFs 1 PROVEMENTS, Pleted. The Agency will labor, and incidentals as The contract •documents INSTALLATION OF SEW- retain 10 percent of each required bycall for ER FACILITIES,RECON- Progress payment as se- the Plans, monthly progress STRUCTION OF STREET curitY for completion of the Specifications and Contract payments based upon the balance of the work.At theP IMPROVEMENTS FOR Documents tor.the above. engineer's estimate of the BASELINE AVENUE AND request and expense of the t ALMERIA successful bidder,.the stated project. The general; percentage of work TRUNK SEWER SYSTEM AVENUE AGENCY will pay the 1 items of work to be done completed. The AGENCY AND ALL APPURTE- amounts so retained upon hereunder consists of: will retain 10 percent of NANT WORK. compliance with the re- Copies of said Plans,Sped- quirements of Public Con-' REMOVAL OF each progress payment as ficatiof s, and Contract trail Code Section 22300 EXISTING P g p y Documents are. and the provisions of the STREET IMPROVEMENTS, security for:completion of • from the Engineering availableDi- contract to Subsentsone INSTALLATION. OF' the balance of the work.At vision of the Community Securities. SEWER 'FACILITIES,' ' the request and expense of • Development Department Bids must be prepared on RECONSTRUCTION OF of the City of Fontana,8353 the approved proposal i the successful bidder, the Sierra Avenue, Fontana P STREET IMPROVEMENTS 1 City will pay the amounts so CA 92335, upon payment forms n conformance with of a 535.00 non-refundable the Instructions to Bidders FOR BASELINE AVENUE ' retained upon and submitted In a sealed re compliance fee ($45.00 if mailed). AND ALMERIA AVENUE with the requirements of A payment bond and per- envelope plainly marked formance bond,each in an I the outside "SEALED TRUNK SEWER SYSTEM Public Contract Code' amount equal to 100% of BID FOR BASELINE AV- A N D j The total contract amount, ENUE AND ALMERIA ALL '` Section 22300' and the shall required j AVENUE TRUNK SEWER , APPPURTENANT WORK, ^ provisions of the contract shally be required concur- SYSTEM-DO NOT OPEN " Copies of Plans, documents The contract and shall be in WITH REGULAR MAIL" I pertaining to form sea forth intthe k The AGENCY reserves the Specifications and Contract Substitution of Securities. thetfor documents.. j right to reiect any or all Documents are; available i Bids must be prepared on Any contract entered Into bids,to waive anylrregu- from the Engineering the ursuant to this will portion to t accephereof, any bid g g approved proposal forms pursuant incorporateo the notice will mere an to take Division of the Community • In conformance' with the of the State Labor Code. all bids under advisement Development Department of" Instructions to Bidders and • Labor Code i for a period of NINETY- P requires that Sectionno 1735 FIVE (95) DAYS. the City of Fontana, 8353 Submitted in'`a sealed nation be made in the hem- At the time of contract Sierra Avenue, Fontana, CA i envelope plainly marked on ployment of persons upon , award,the prime centrac- public works because of for shall possess a Class A 92335 upon payment of a the outside 'SEALED BID the race,w religious creed, ' ' contractor's license and/or r'color, national origin an- ' any combination of Class $35.00. non-refundable fee FOR BASELINE AVENUE. 1 color, physical Handicap' C~ specialty contractors h ($45.00 If mailed), • AND ALMERIA AVENUE medical condition,marital license(s)sufficient to per- status,or sex of such per- form the work. A' payment bond and a TRUNK SEWER SYSTEM-DO' ' ' sons,. except as provided BY ORDER OF;The City contract performance bond, ' NOT OPEN WITH REGULAR Council fo the City of t in Government Code Sec- Fontana. each In an amount equal to MAIL". Dated this 4th day of lams- 100% of the total contract -r The AGENCY reserves the l`; ary, 1993. amount, shall be required, i '. right to reject any or all _ BY: KATHY MONTOYA c. ~-- city of Fontana tana concurrently with the j bids, :to waive any 8353 Sierra Avenue execution of the contract irregularity, to accept any j'. Fontana, CA Avenue and shall be in the form set, ' ' bid or portion thereof. and F :< lfa,t�(ta3) et4a forth .In the contract, to. take 'all bids under —-- -- documents, advisement 95)( for days. •vr` Any contract entered into ninety five s pursuant to this notice will At the time. of contract Incorporate the: provisions •award,the prime Contractor of the State. Labor Code. shall possess a Class A . Labor Code Section 1735 contractor's license and/or " requires that ,no any combination of Class discrimination be made In 'C' specialty contractors /�� ` ... the employment of persons license(s) sufficient to �'(�!• • upon public works because perform the work. of the race, religious creed, BY ORDER OF the City�� color, national origin, Council of the, City of %G��� ancestry, physical ' Fontana. al , ' condition,marital status,or January, Dated uary t1993 4th day of :E, Janua `c�Jl �L P� ` sex of such persons,except • BY/s/Kathy Montoya (C fvW.t(i'(b° ' as provided in Government City Clerk Code Section 12940 Published:Jan.7, 14, 1993 Compliance with the'', • prevailing rates'of wages• ; and apprenticeship,— • _I ti w?0 BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS �� \ • LAWYERS C\ '��`j ARTHUR L.LITTLEWORTH• DOUGLAS S.PHILLIPS• MATT H.MORRIS MARSHALL S.RUDOLPH "��01�� `�` SUITE 120 GLEN E.STEPHENS• ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS ''. n\IV,, I 800 NORTH HAVEN WILLIAM R.DeWOLFE• GREGORY K.WILKINSON STEVEN C.DeBAUN CYNTHIA M.GERMANO n1iv' fS POST OFFICE BOX 4360 BARTON C.GAUT• WYNNE S.FURTH BRANT H.DVEIRIN MARY E.GILSTRAP A,z0 P'\1•'C PAUL T.SELZER• DAVID L.BARON ERIC L.GARNER NGUYEN D.PHAN • 'e.� \k0o00 ONTARIO,CALIFORNIA 91761 DALLAS HOLMES• EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. : 4 TELEPHONE(714)989-8584 CHRISTOPHER L.CARPENTER*BASIL T.CHAPMAN JULIE HAYWARD BIGGS GINEVRA C.MARUM , TELECOPIER(714)944-1441 RICHARD T.ANDERSON• TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER ' I. D.WAHLIN• VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE ,, .,,', - JOHN 7 MICHAEL D.HARRIS* DANIEL E.OLIVIER JANICE L.WEIS CHRISTINE L.RICHARDSON\ C.�� W.CURT EALY• DANIEL J.McHUGH SHARYL WALKER JOANE GARCIA-COLSON \ �' ^ �� THOMAS S.SLOVAK• HOWARD B.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER JOHN E.BROWN* STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL• MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD MEREDITH A.JURY* JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES DURNEY OF COUNSEL MICHAEL GRANT* MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE FRANCIS J.BAUM• J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY I.ANDERSON JAMES B.CORISON ANNE T.THOMAS* VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHERY• JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN,SR. DINA O.HARRIS WILLIAM W.FLOYD,JR. JACK B.CLARKE,JR. KENNETH R.WEISS MICHAEL A.CRISTE• BRIAN M.LEWIS SUSAN C.NAUSS GREGORY L.HARDKE JEANNETTE A.PETERSON CHRISTOPHER DODSON OFFICES IN KENDALL H.MacVEY BRADLEY E.NEUFELD BERNIE L.WILLIAMSON RIVERSIDE(714)686-1450 CLARK H.ALSOP• KANDY LEE ALLEN ELAINE E.HILL RAYMOND BEST(1868-1957) PALM SPRINGS(619)325-7264 DAVID J.ERWIN• ELISE K.TRAYNUM KEVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) MICHAEL J.ANDELSON• WILLIAM D.DAHLING.JR. JAMES B.GILPIN EUGENE BEST(1893-1981) RANCHO MIRAGE(619)568-2611 •A PROFESSIONAL.CORPORATION January 25, 1993 Mr. Robert Weddle City Engineer City of Fontana 8353 Sierra Avenue Fontana, California 92335 Re: Master Plan of Sewer System Bid Package Dear Mr. Weddle: As we discussed, I have reviewed the bid specifications for construction of the Baseline Avenue and Almeria Avenue Sewer System prepared for the City of Fontana. On page CA-8 of the bid specifications, in the final paragraph, last sentence, the word "insure" is used instead of the word "inure" . This should be corrected. There appear to be no other material errors in the specifications, nor are there any inconsistencies with the Master Plan of Sewer System Reimbursement Agreement as presently drafted. If you have any questions or comments, please do not hesitate to contact me. Very truly yours, 3rt__. LDaNs\....„,_____. Ginevra C. Marum, for BEST, BEST & KRIEGER GCM/jr cc: Ja M. Corey, City Manager aggie Pacheco, Redevelopment Project Coordinator • GCM23840 LAW OFFICES OF BEST, BEST & KRIEGER Mr. Robert Weddle January 25, 1993 Page 2 Clark H. Alsop, City Attorney Stephen P. Deitsch, Redevelopment Agency Counsel GCM23840 • • • MASTER PLAN OF DRAINAGE REIMBURSEMENT AGREEMENT between CITY OF FONTANA and THE PRESLEY COMPANIES TABLE OF CONTENTS Recitals 1 1. Definitions 3 2. Design of the Project 4 2.1 Design 4 2.2 Indemnity for Design 4 r 2.3 Design Costs , 4 3. Construction of the Project 4 3.1 Award of Contract 5 3.2 Indemnity for Contract Award 5 3.3 Inspection of Construction 5 3.4 Failure to Construct 5 4. Terms of Reimbursement 5 4.1 Allocation of Costs - 5 4.2 Progress Reports and Billing 6 4.3 Submittal of Itemized Bill 6 4.4 Approval of Costs 7 4.5 Payment 7 5. Ownership of and Responsibility for Completed Project ? 6. Indemnification, Insurance and Security 8 6.1 Indemnification 8, 6.2 Insurance 9 7. Commencement of Construction and Inspection 13 8. Compliance with Applicable Law 14 9. Prevailing Wages 14 10. Contractor Licenses 14 11. Termination 15 12. Acceptance of Work 15 13. Liability for Work Prior to Formal Acceptance • 15 14. Guarantee 16 15. Record Drawings 16 -i- • TABLE OF CONTENTS (con't) 16. Notice 17 17. Term 17 18. Attorney's Fees 17 19.- Entire Agreement 18 20. Assignment 18 21. No Third Party Beneficiaries 18 22. No Joint Venture or Partnership 19 -ii- MASTER PLAN OF DRAINAGE AGREEMENT • This Master Plan of Drainage Agreement is made and entered into this day of , 199_, by and between the CITY OF • FONTANA and THE PRESLEY COMPANIES. RECITALS This Agreement is entered into based upon the following facts, understandings and intentions of the parties: A. When used in these Recitals, each of the terms defined in Article 1 shall have the meaning given to it therein. B. Developer owns the site, also known as Tract No. 12314 and, as a part of the development of the site, is required to construct drainage utilities to City standards that include local storm drain facilities and City Master Plan of Drainage facilities. • C. City as a part of the Master Plan of Drainage Capital Improvement Program has approved a drainage fee program to develop master plan of drainage facilities that include facilities that can be constructed adjacent or through site. D. Developer proposes to construct Master Plan of Drainage _ Facilities from the future Baseline Avenue box culvert facility or, in the interim, from a detention basin of which Developer will also constructed if necessary for safe conveyance of flow as determined solely by City, through Almeria Avenue to a connection point in the development known as Highland/Haven, with cost sharing as noted herein. E. Developer and City recognize that it is in their mutual interest to coordinate the design, construction and installation of the facilities to serve the City's Master Plan of Drainage and the site so as to efficiently implement City's overall Master Plan of Drainage system and to avoid duplication of facilities. F. Developer and City recognize that it is in their mutual interest to coordinate the design, construction and installation of the storm drain. G. The Fontana Municipal Code authorizes City to pay for H. The parties desire Developer to construct the Project and be paid by City for the portion of cost of the project that Developer will have incurred by constructing a master planned facility over standard local storm drain, i.e. upsize costs. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Developer hereby agree as follows: . GCM23345 2 AGREEMENT 9 1. Definitions. 1.1 "Agreement" shall mean this Master Plan of Drainage Reimbursement Agreement between the City of Fontana and The Presley Companies, dated , 199_. 1.2 "City" shall mean the City of Fontana, a 'municpa corporation. 1.3 "Developer" shall mean The Presley Companies, a California Corporation, its successors and assigns. 1 42k 1.4 "Facsimile Bid Package" shall mean a bid package prepared by the Developer pursuant to all/ applicable state and localU 0' 4( \ "ft) V regulations relatingto public works projects and used by the y om Developer to bid construction of Project. 1.5 "Lowest Responsible Bidder" shall have the meaning given to the term in California Public Contracts Code Section 2000. 1. 6 "Project" shall mean the storm drain facilities from Baseline Avenue and Almeria Avenue ,and in Almeria Avenue and v Avenue to the existing facilities in the Highland/Haven • development, as delineated in Exhibit "A" attached hereto. GCM23345 3 1.7 "Tracts" shall mean Tract No. 12314 and Tract No. 10800 owned by Developer and located within the City. Wes" 7 2 Design of the Project. o 2.1 Design. Developer has designed, and City will approve the design of Project. 2.2 Indemnity for Design. To the extent of any warranty or guarantee by , Developer's consultant that designed Project, Developer shall defend, indemnify and hold. City its officers, employees and agents free and harmless from any and all claims, actions or liabilities whatsoever, including without limitation all consequential damages and attorney's fees, arising out of or in connection with the design of Project, except to the extent that such claims, actions and liabilities are attributable to the negligent actions or omissions of City. 2.3 Design Costs. City acknowledges and agrees that Developer has submitted an itemized bill and supporting documentation evidencing that it has expended in designing Project. This amount shall be credited , against Developer's fair share cost pursuant to Article 4 hereof. 3. Construction of the Project. 3.1 Award of Contract. Developer shall contract for the construction of Project within a reasonable period of time following execution of this Agreement, but no later than 60 days GCM23345 4 after issuance of the first building permit for Tracts. Developer shall be solely responsible for securing appropriate bids and awarding the contract for construction of Project. 3.2 Indemnity for Contract Award. Developer shall defend, indemnify, and hold City, its officers, employees and agents free and harmless from any and all claims, actions or liabilities whatsoever, including without limitation all consequential damages and attorney's fees, arising out of or in connection with Developer's securing of bids and award and performance of the construction of Project. 3.3 Inspection of Construction. City shall have the right at all times to inspect the construction of Developer constructing Project to ensure conformity with plans and specifications and. applicable state and local laws and regulations. 3.4 Failure to Construct. In the unlikely event that Developer fails to construct Project before such drains are necessary for City's draining Highland/Haven, City shall have the right, but not the obligation, to construct Project and obtain reimbursement from Developer in accordance with the allocations of costs set forth in Section 4.1. 4. Terms of Reimbursement. 4.1 Allocation of Costs. Developer's and City's engineers have estimated that the total cost of the design, construction and GCM23345 5 • inspection of the storm drain project and that the proportionate share of such estimated cost is: City's Developer's Total Construction Share Share Cost Authority Exhibit "B" attached hereto provides a detailed project cost breakdown. The maximum reimbursement available to. Developer for construction of the Master Plan of Drainage Project is , unless City by formal action of the City Council approves a higher amount. The cost reimbursement is based upon the ratio that the estimated cost of constructing Project as a local storm drain bears to the estimated cost of construction Project as a Master Plan of Drainage system facility. 4.2 Progress Reports. Developer will require progress reports and billings from the contractor performing construction of the Master Plan of Storm Drain Project. . Upon receipt of such progress reports and billings, Developer shall be solely responsible for determining their accuracy. Notwithstanding the provisions of this Section 4.2, City shall have the right to audit Developer's books to ensure its compliance with all applicable state and local laws and regulations. 4.3 Submittal of Itemized Bill. Within thirty (30) days after completion and acceptance of the Project by City, Developer shall provide City with an itemized bill showing all costs and fees GCM23345 6 4 incurred by Developer to construct the Project (the "cost bill") . Developer agrees to provide City with evidence that all related invoices have been paid. Developer also agrees to .provide City with any additional information as to any items shown on the cost bill as may be requested by City. 4.4 Approval of Costs. Within thirty (30) days after receipt of the cost bill and any additional information, City shall advise Developer in writing of any fees or costs shown on the cost bill that City will not include in the total project cost and the reason why these items are being disallowed by City. Only those construction costs approved by City will be allowed for credit in accordance with this Agreement; provided, however, that City shall not unreasonably disallow any costs. 4.5 Payment. City shall pay to Developer City's proportionate share of the actual costs for Project based upon actual costs but otherwise as generally provided in Section 4.1, within thirty (30) days following the recording of the notice of completion of Project and submittal of an itemized bill for costs. 5. Ownership of and Responsibility for Completed Project. Ownership of the Project belongs exclusively to City and Developer shall not be responsible for the maintenance and upkeep of the Project. GCM23345 7 6. Indemnification, Insurance and Security. 6.1 Indemnification. Developer shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any and all liability from loss, damage or injury to or death of persons or property in any manner arising out of or incident to Developer's performance of this Agreement, including without limitation all consequential damages and attorney's fees, whether or not resulting from the negligeri a off""' lliumal Developer or Developer's agents. This indemnity shall not extend to any claims arising out of sole negligence of the City. 6.2 Insurance 6.2.1 Developer shall obtain, at its own cost, a policy or policies of liability insurance of the type and in the amounts described in this Section 6.2 and in a form and substance satisfactory to the City Attorney.. Such policies signed by a person authorized by the insurer to bind coverage on its behalf must be filed with the City prior to exercising any right or performing any construction work pursuant to this Agreement. . With the exception of coverage for worker's compensation, City, its elected officials, officers, and employees shall be added as insured on all policies required under this Agreement. Developer's insurance coverage shall be primary insurance as respects City, its elected officials, officers, and employees. Any insurance or self- insurance maintained by City, its elected officials, offices and GCM23345 8 employees shall be in excess of Developer's insurance and shall not contribute to it. 6.2.2 Prior to commencing any construction work hereunder, Developer shall provide certificates of insurance with original endorsements on the City's own endorsement forms, and copies of policies, if requested, of the following insurance with Bests' Class or better carrier admitted to and authorized to issue insurance in the State of California. a. Worker's Compensation Insurance covering all employees and principals of Developer, in at least the minimum amount as required by state law, effective under the laws of the State of California. b. Commercial General Liability Insurance covering third party liability risks, including contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to the Project or the general limit shall be twice the occurrence limit. GCM23345 9 c. Commercial Auto Liability and Property Insurance covering any owned and rented vehicles of Developer contractor in the minimum amount of $1 million combined single limit per accident for bodily injury and property damages. 6.2.3 Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior notice has been given in writing to City. Developer shall give to City prompt and timely notice of any claim made or suit instituted arising out of Developer's operations hereunder. Developer shall also procure and maintain, at its own expense, any additional kinds and amounts of insurance which in its own judgment may be necessary for its proper protection in the prosecution of the work. 6.2.4 Developer shall include all contractors and subcontractors as insured under its policies or shall furnish to City separate certificates and endorsements for each contractor or subcontractor prior to commencing any work on the Project. All coverage for such contractors and subcontractors shall conform with the insurance requirements stated herein. 6.2.5 The contract documents prepared by Developer and submitted to City for its approval shall also require Developer's GCM23345 10 contractor to provide City with a Payment Bond and a Performance Bond each in an amount equal to the total contract amount for the Master Plan of Drainage project to be constructed in accordance with this Agreement to guarantee: (1) that contractor and its subcontractors of every tier will pay all amounts owed to subcontractors, material suppliers, workers and equipment renters and, (2) that contractor will perform all obligations under this Agreement. The bonds shall be furnished by a surety company satisfactory to City on forms acceptable to City, and shall name City and Developer jointly as obligees. A surety company, to be acceptable to City, must be authorized to do business and have an agent for service of process in California. City must also be satisfied that the surety company has sufficient assets and net worth to honor the Payment Bond and Performance Bond. If at any time, a surety on such bond is declared a bankrupt, loses its right to do business in the State of California for any reason, or is removed from the list of surety companies accepted on Federal bonds, Developer's contract with its contractor shall require the contractor within thirty (30) days after notice from City, to substitute acceptable bonds in such form and sum and signed by such other surety or sureties as may be satisfactory to City, in City's sole discretion. All premiums on any performance or payment bonds required by this Agreement shall be paid solely by the Developer or its contractor. GCM23345 11 1 Developer's contract with its contractor shall provide that, in the event of termination or cancellation of any insurance or security required by said contract, the contractor shall have fifteen (15) calendar days following receipt of written notice from either City or Developer to provide replacement insurance or. security which satisfies the requirements of said contract and that failure to provide such replacement insurance or security shall constitute a material breach of said contract and shall entitle Developer to make alternative arrangements for completion of performance. In the event that City provides the fifteen (15) day written notice, a duplicate copy of the notice shall be provided to Developer. Upon expiration of said fifteen (15) day period, Developer shall have an additional period of thirty (30) calendar days to engage the services of an alternate contractor, who shall obtain such insurance and security to complete construction of the Master Plan of Drainage Project. Failure of the Developer to engage the services of an alternate contractor within said thirty (30) day period to complete construction of the Master Plan of Drainage Project shall constitute a material, breach of this Agreement entitling City to unilaterally terminate this Agreement and pursue such other legal or equitable remedies as may be available. 6.2.6 City shall defend, indemnify and hold Developer, its officers, employees and agents free and harmless from any and all liability from loss, damage or injury to or death of persons or property in any manner arising out of or incident to City's performance of its responsibilities under this Agreement, including GCM23345 12 without limitation all consequential damages and attorney's fees,_ whether or not resulting from the negligence of City or City's agents. This indemnity shall extend to any claims arising because City has failed to secure any necessary easement, land right, contract, and approval, but shall not extend to any claim arising out of the negligence of the Developer. 7. Commencement of Construction and Inspection. Developer shall not permit its contractor to commence construction of -the MasteT"" Plan of Drainage Project until Developer has received written authorization from the City Engineer or his/her designee to proceed. All work performed on the Master. Plan of Drainage project shall be done in strict compliance with the approved plans, specifications and contract documents and in a good and workmanlike manner. All work performed by Developer's contractors or agents to construct the Master Plan of Drainage Project shall be subject to inspection by City's designated representatives, and the Developer shall require its contractor or agents to comply with all. instructions given by City's representatives during construction of the work. All fees and costs to construct the Master Plan of Drainage Project that are not listed as a category in the cost breakdown pursuant to Section`.4.1 of said Agreement shall be borne solely by Developer. Notwithstanding the provisions for inspection provided in this Section 7, inspection by City shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. GCM23345 13 8. Compliance with Applicable Law. Developer shall insure that all work performed on the Master Plan of Drainage Project is performed in a manner which complies with all applicable federal, state, county and local government laws, regulations and rules, including all rules and regulations of City, as these rules and regulations may be modified or changed from time to time including awarding work to the lowest responsible bidder. 9. Prevailing Wages. Developer recognizes ,the requirements of California Labor Code Section 1770 et. seq. , which requires the payment of prevailing wage rates and the performance under certain circumstances of other requirements. Developer agrees to hold City and its officers, employees and agents harmless from any claims of liability including without limitation attorney's fees, arising from any failure or alleged failure to comply with any and all applicable provisions of the Labor Code. Developer shall provide proof of prevailing wage compliance upon written request by City. 10. Contractor Licenses. All work performed on the Master Plan of Drainage Project shall be done only by contractors licensed to perform the type of work required in the State of California. In accordance with Business and Professions Code Section 7059 (b) , City shall determine the license classifications necessary to perform the work. Developer shall not permit any work to be performed until Developer has obtained these license classifications from City, and until Developer has secured a contractor or contractors GCM23345 14 meeting these license requirements and presented evidence of such appropriate licenses to the City. 11. Termination. In the event that either party defaults in the performance of any of its obligations under this Agreement, or materially breeches any of the provisions of this Agreement, the other party shall have the option to terminate this Agreement upon written notice to the defaulting party. 12. Acceptance of Work. Upon completion of the Master Plan of Drainage Project to the satisfaction of City, the Master Plan of Drainage Project shall be presented to City Council for acceptance, and for authorization to file a Notice of Completion. City Council will accept the Master Plan of Drainage Project if City determines that the master Plan of Drainage Project was constructed in accordance with the approved plans, specifications and contract documents and if all other requirements of this Agreement have been satisfied. Upon acceptance of the Master Plan of Drainage Project, Developer shall assign to City all of Developer's rights and remedies, including warranties, as set forth in the approved contract documents and thereafter city shall have the same recourse under said contract documents that City would have had if City itself had engaged Developer's contractor to construct the work. 13. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the work performed for the Master Plan of Drainage Project in accordance with this Agreement, GCM23345 15 Developer shall be solely responsible for all damages to- the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole active negligence of City, its agents or employees. 14. Guarantee. Developer shall guarantee all work and materials for the Master Plan of Drainage Project to be free from all defects due to faulty materials or workmanship for a period of one (1) year after the date of formal acceptance of the work by City. Developer shall repair or remove and replace any and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship or materials within the one (1) year period, without any expense whatsoever to City, ordinary wear and tear excepted. In the event Developer fails to comply with the above-mentioned provisions within one (1) weeks after being notified in writing, City shall be authorized to proceed to have the defects remedied and made good at the sole cost and expense of Developer, who shall be contractually bound to pay the costs and charges therefore immediately upon demand. Such action by City will not relieve Developer of the guarantee required by this Section. This Section shall not, in any way, limit the liability of Developer or any other party for any design or construction defects in the work subsequently discovered by City. 15. Record Drawings. Prior to acceptance of the work by the City Council, Developer shall update the original drawings on file with City to "Record Drawing" status via Developer's licensed civil GCM23345 16 engineer who along with Developer shall acknowledge the accuracy and completeness of these drawings. Developer shall be solely responsible and liable for insuring the completeness and accuracy of the record drawings. 16. Notice. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose: City Developer City Manager The Presley Companies City of Fontana P. O. Box 518 Fontana, CA 92334-0158 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage, prepaid and addressed to the party at its applicable address. 17. Term. This Agreement shall have a term which expires ten (10) years from and after the date of its execution. City shall have no obligation whatsoever to Developer upon expiration of the term of this agreement. 18. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in GCM23345 17 addition to costs and any other relief, the prevailing party shall_, s be entitled to reasonable attorneys' fees. 19. Entire Agreement. This Agreement contains the entire Agree- ment of the parties hereto with respect to the matters contained herein, `. and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by both parties in writing. 20. Assignment. Developer shall have the right to assign and delegate Developer's rights and obligations under this Agreement in connection with the concurrent sale, assignment, ground lease, encumbrance or other transfer of all or any portion of the site; provided, however, that Developer's rights under this Agreement shall not be assigned without the delegation of Developer's duties hereunder. Upon such assignment and delegation, Developer will be relieved of and from further liability or responsibility under this Agreement. 21. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. GCM23345 • 18 22. No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein shall be construed as making City and Developer joint venturers or partners. WHEREFORE, this Agreement is executed this day of , 199 CITY OF FONTANA THE PRESLEY COMPANIES A Municipal Corporation a California corporation Jay M. Corey City. Manager ATTEST: Kathy Montoya Approved as to legal form: Clark Alsop or Stephen P. Deitsch City Attorney Greg Hulsizer Community Development Director Jennifer Vaughn Blakely Contract Compliance Officer Robert A. Graham Risk Management GCM23345 19 EXHIBIT "B" Engineer's cost estimates City and Develop are responsible for the Master Plan of Drainage Project. • GCM23345 20 ... 0 • AGENDA ITEM 9J CITY COUNCIL ACTION REPORT FEBRUARY 16. 1993 CONSENT CALENDAR Meeting Date Agenda Placement TO: Mayor and City Council FROM: Community Development Department SUBJECT: Authorization to Execute a Master Plan Sewer System Reimbursement Agreement Between the City of Fontana• and The Presley Companies (North Fontana) RECOMMENDATION: TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MASTER PLAN SEWER SYSTEM REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF FONTANA AND THE PRESLEY COMPANIES, RELATIVE TO TRACTS 12314 AND 10800 IN NORTH FONTANA BUDGET IMPACT: I—I No IXXI es Funding — General Source: I_I Fund Budget _ Sewer Capital Fund IXXI Acct. No. 071-7243 Fund Budget I_I Bond Proceeds I_I Developer Deposits Pursuant to the provisions of the attached Agreement, Presley is to reimburse the City their proportionate share of the actual costs of constructing the Almeria Avenue sewer line from Baseline to Walnut Avenue, less design funds advanced by Presley. The amount to be reimbursed to the City's sewer capital fund is estimated to be $70,420.00. ENVIRONMENTAL IMPACT: I—I Yes IXXI No . The proposed Agreement does not constitute a project under California • Environmental Quality Law. BACKGROUND: In December of 1990, when Tract 12314 located north of Baseline Avenue and west of Citrus Avenue in North Fontana was recorded, it was anticipated that the owner, The Presley Companies would design, construct and install the following three master planned sewer line segments in order to develop and provide sewer service to their Tracts 12314 and 10800 (see Exhibit "B" of the Agreement, page 30) . Segment 1: Baseline Avenue from Beech Avenue to Almeria Avenue Segment 2: Almeria Avenue from Baseline Avenue to Walnut Avenue Segment 3: Baseline Avenue from Almeria Avenue to east boundary of Tract No. 12314 2 Subsequently, staff was advised by Presley that they had no immediate plans of proceeding with development of Tracts 10800 and 12314 in the future, but would make available for City use the plans and specifications for the three master planned sewer line segments, that Presley had prepared and paid for. Because of Presley's intentions not to proceed with development and in order to facilitate completion of the Highland Haven Sewer, the City budgeted funds in the 1992-93 Sewer Improvement Fund to construct Segments 1 and 2 (Baseline/Almeria Sewer. Project) . On December 15, 1992, the City Council authorized the Community Development Department to advertise for bids for the construction of Segments 1 and 2. ANALYSIS AND FINDINGS: Presley has paid $39,454.00 for the design of all three master planned sewer line . segments. However, their funding responsibility is limited to a proportionate ' share of the total cost to design, construct and inspect Segment 2 - Almeria Avenue from Baseline to Walnut Avenue, based upon the ratio that the estimated cost of constructing Segment 2 with pipe of eight inches in diameter bears to the estimated cost of constructing Segment 2 as designed as a Master Plan Sewer System Facility. Pursuant to the proposed Master Plan Sewer System Reimbursement • Agreement (Page 3), Presley is to pay the City Presley's share of the approved reimbursable costs of Segment 2 (see Exhibit "C" of the Agreement, Page 31), estimated to be $109,874.00, less $39,454.00 credit for Presley's design costs, within thirty (30) days following the recordation of the notice of completion for Segments 1 and 2, or issuance of the first building permit, whichever occurs later. Presley is not required to reimburse the City for any portion of the cost of constructing Segments 1 and 3. The City may contract for the construction of Segment 3 at a later date if it determines it is necessary. ATTACHMENTS: Page 3 - Master Plan Sewer System Reimbursement Agreement (with Exhibits "A", "B", "C" and "D") SUBMITTED BY: REVIEWED BY: RECOMMENDED BY: • P1�6 ennif Vaughn lakel C1a Alsop or . Corey Assis nt City Manag Steve Deitsch t Manager City Attorney GH:GVO:cz f L•../ 3 • MASTER PLAN SEWER SYSTEM REIMBURSEMENT AGREEMENT This Master Plan Sewer System Reimbursement Agreement is made and entered into this 16th day of February , 1993, by and between the CITY OF FONTANA and THE PRESLEY COMPANIES. ' RECITALS This Agreement is entered into based upon the following facts, understandings and intentions of the parties: A. When used in these Recitals, each of the terms defined in Article 1 shall have the meaning given to it therein. . B. Developer owns the Tracts and, as a part of the development the Tracts, is required to construct a standard local sewer system with pipe of up to eight inches (8") in diameter within the Tracts. C. City as a part of the Master Plan of Sewers System Capital Improvement Program has planned and budgeted the construction of the Project planning for construction of the Project using pipe in excess of 8" in diameter. D. City proposes at this time to construct Segment 1 and Segment 2 of the Project in order to provide Master Plan of Sewers GCM23345 System facilities to Highland/Haven, and will construct Segment 3 at a later time. E. Segment 2 of the Project is located within the Tracts. F• Developer and City recognize that it is in their mutual interest to coordinate the design, construction and installation of the Project to serve the City's Master Plan of Sewers System and the Tracts so as to efficiently implement City's overall Master Plan of Sewers System and to avoid duplication of facilities. G• The Code of the City of Fontana authorizes City to pay the costs of designing and constructing that portion of sewer pipe in excess of eight inches (8") in inside diameter and appurtenant structures of a size and/or construction greater than those minimally required of a standard local sewer system. H. The parties desire City to construct the Project and subsequently be reimbursed by Developer for the portion of cost of Segment 2 of the Project that Developer would otherwise have incurred in designing and constructing a standard local sewer system within the Tracts. I• Concurrently with this Agreement, Developer has dedicated the Easement attached hereto as Exhibit "A" and incorporated herein by reference without payment required therefor by City to Developer, which Easement shall be held in trust by Best, Best & GCM23345 ,y J Krieger, together with irrevocable instructions to record, until the City Council of City has approved and has directed the City Manager to execute, and Developer and City have executed the Agreement and the Fontana Redevelopment Agency has formally approved and Developer and the Fontana Redevelopment Agency have executed the Detention Agreement. Immediately upon execution of the Agreements or as soon thereafter as possible the Easement shall be recorded. • NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Developer hereby agree as follows: J AGREEMENT 1. Definitions. 1.1 "Agreement" shall mean this Master Plan Sewer System Reimbursement Agreement between the City of Fontana and the Presley Companies, dated February 16 , 1993. 1.2 "City" shall 'mean the City of Fontana, a municipal . ' corporation. 1. 3 "City Council" shall mean the City Council of the City of Fontana. GCM23345 1.4 "Detention Agreement" shall mean that certain Detention Basin Reimbursement Agreement between the , Fontana Redevelopment Agency and Developer of even date herewith. 1.5 "Developer" shall mean the Presley Companies, a California corporation, its successors and assigns. 1. 6 "Easement" shall mean the sewer easement for Segment 2 of the Project, a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference into this Agreement. 1.7 "Highland/Haven" shall mean that neighborhood within City known as Tract No. 3345, generally located immediately north of the Tracts, west of Citrus Avenue, south of Highland Avenue, north of Walnut Avenue, and east of Knox Avenue. 1.8 "Project" shall mean the Baseline Sewer from the current terminus of the Master Plan of Sewers System at the intersection of Baseline Avenue at Beech Avenue, as depicted on Exhibit "B. " The Project consists of three segments as delineated on Exhibit "B, " as follows: Segment 1 is within Baseline Avenue from the intersection of Baseline Avenue and Beech Avenue to the intersection of Baseline Avenue and Almeria Avenue ("Segment 1") ; Segment 2 is within Almeria Avenue from the intersection of Almeria Avenue and Baseline Avenue to the intersection of Almeria Avenue and Walnut Avenue ("Segment 2") ; and Segment 3 is within Baseline Avenue from the GCM23345 • • 7 intersection of Baseline Avenue and Almeria Avenue to the eastern boundary of Tract No. 12314 ("Segment 3") . 1.9 "Tracts" shall mean Tract No. 12314 and Tract No. 10800 owned by Developer and located with the City. 2. Design of the Project. 2. 1 Design. Developer has designed, and City has approved the design of, Segments 1, 2 and 3 . 2.2 Indemnity for Design. To the extent of any warranty or guarantee by Developer's consultant that designed Segments 1, 2 and 3, Developer shall defend, indemnify and hold City and its officers, employees and agents free and harmless from any and all claims, actions or liabilities whatsoever, including without limitation all consequential damages and attorney's fees, arising out of or in connection with the design of Segments 1, 2 and 3 except to the extent that such claims, actions and liabilities are attributable to the negligent actions or omissions of City. 2.3 Design Costs. City acknowledges and agrees that Developer has submitted an itemized bill and supporting documentation evidencing - that it has expended $39,454.00 in designing Segments 1, 2, including that portion designed to utilize pipe in excess of 8", and 3. This amount shall be credited against GCM23345 • Developer 's reimbursement to City for design and construction of a local sewer system for Segment 2 pursuant to Article 4 hereof. 3 . Construction of the Protect. 3 . 1 Award of Contract. City shall contract for the construction of Segments l and 2 of the Project within a reasonable period of time following execution •of this Agreement. City shall be solely responsible for securing appropriate bids and awarding the contract for construction of the Project in compliance with all applicable federal, state and local laws. 3 .2 Indemnity for Contract Award. City shall defend, indemnify, and hold Developer, its officers, employees and agents free and harmless from any and all claims, actions or liabilities whatsoever, including without limitation all consequential damages 1 and attorney's fees, arising out of or in connection with City's securing of bids and award and performance of the construction of Segment 2 except to the extent that such claims, actions and liabilities are attributable to the negligent actions or omissions of Developer. 3.3 Failure to Construct. In the unlikely event that City fails to construct Segments 1 and 2 of the Project before such sewers are necessary for Developer's development of the Tracts, Developer shall have the right, but not the obligation, to either (a) construct Segments 1 and 2 of the Project and obtain • GCM23345 J reimbursement from City in accordance with the allocation of costs set forth in Section 4 . 1 or. (b). construct at its own cost (without reimbursement from city) such local sewers necessary for the Tracts. 3 .4 Segment 3 . City may contract for the construction of Segment 3 at such later ,time as it determines. 4 . Terms of Reimbursement. 4.1 Allocation of Costs. Developer shall reimburse City for the costs, (to the extent they would have been incurred had Segment 2 utilized pipe not in excess of 8" in diameter) of designing, constructing and engineering Segment 2, with pipe of eight inches (8") in diameter. City shall bear the costs (to the extent they exceed the foregoing costs) of designing, constructing and engineering Segment 2 with pipe in excess of eight inches (8") in diameter. As set forth on Exhibit "C" attached hereto and incorporated herein by reference, based upon the ratio that the estimated cost of constructing Segment 2 with pipe eight (8") inches in diameter bears to the estimated cost of constructing Segment 2 as designed as a Master Plan of Sewers' System Facility, Developer's share of the costs is 43.3%, which includes the costs of designing that portion of Section 2 equivalent to a local sewer system utilizing pipe not in excess of 8" in diameter which Developer would otherwise have been required to design, and City's share of the costs is 56.7%, which includes credit to Developer for GCM23345 design costs incurred in designing Segments 1, 2 , that portion of which utilizes pipe in excess of 8", and 3 . Developer shall not be required to reimburse City for any portion of the cost of constructing Segments 1 or 3 . 4.2 Estimated Costs. Reimbursable costs shall be limited to costs directly and necessarily related to designing, constructing and engineering Segment 2 of the Project, excluding the costs of acquiring necessary land and easements, City's administrative expenses, and costs of any City borrowed funds . As set forth on Exhibit "C" attached hereto and incorporated herein by reference, Developer's and City's engineers have estimated the total costs of designing, constructing and. engineering Segment 2 as $253,750.00. 4.3 Procrress Reports and Billing. City will require progress reports and billings every thirty (30) days from the contractor performing construction of Segment 2 of the Project. Upon receipt P of such progress reports and billings, . City shall be solely responsible for determining their accuracy. 4. 4 submittal of Itemized Bill. Within thirty (30) days after completion and City Council's formal acceptance of Segment 2 of the Project, City shall provide Developer with an itemized bill showing all costs and fees incurred by City to construct Segment 2 of the Project (the "cost bill") . City agrees to provide'Developer with evidence that all related invoices have been paid and all liens have been unconditionally released. City also agrees to GCM23345 provide Developer with any additional information as to any items shown on the cost bill as may be requested by Developer. 4 . 5 Apprbval of Costs. Within thirty (30) days after receipt of the cost bill and any additional information, Developer shall advise City in writing -of any fees or costs shown on the cost bill that Developer will not reimburse and the reason why these items are being disallowed by Developer. Only those construction costs approved by Developer will • be allowed for reimbursement in accordance with this Agreement; provided, however, that Developer shall not unreasonably disallow any costs. . 4. 6 Payment. Developer shall pay to City Developer's share of the approved reimbursable costs of Segment 2, less $39, 454.00 credit for Developer's design costs of Segments 1, 2, that portion of which utilizes pipe in excess of 8", and 3, within thirty (30) days following either 1) receipt of the cost bill and any additional information and evidence that all liens have been unconditionally released or 2) the date of issuance of the first building permit for Tract 12314, whichever event occurs last. If Developer fails to pay its share within such time, interest shall accrue from the date the City Council accepted the work by formal action or the date of issuance of the first building permit for Tract No. 12314, whichever event occurs last, at a: fluctuating rate of prime as indexed by Bank of America plus 2%, and shall continue to accrue on all unpaid balance owing until all sums owing under this Agreement shall be paid in full. GCM23345 5. Ownershi of and Res onsibilit for Com leted Project. Ownership of the Project belongs exclusively to City and Developer shall not be responsible for the maintenance and upkeep of Segment 2 of the Project. 6• Indemnification Insurance and Securit . 6. 1 Indemnification. City shall defend, indemnify and hold Developer, its officers, employees and agents free and harmless from any and all claims, actions or liabilities whatsoever including without limitation all consequential damages and attorneys' fees arising out of or in connection with City's performance of this Agreement whether or not resulting from the negligence of City or City's agents except to the extent that such claims, actions and liabilities are attributable to the negligent actions of Developer. This indemnity shall extend to any claims arising because City has failed to secure any necessary easement, land right, contract, and approval. 6.2 Insurance: City is a public entity formed under the laws- of the State of California and is self-insured. In addition, City has obtained additional liability insurance for liability in excess of $500, 000 and shall provide Developer with a certificate of said insurance and an ' original endorsement naming Developer as an additional insured. GCM23345 13 6.3 Contractor Insurance. 6.3 . 1 City's contract with its contractor to construct Segment 2 of the Project shall require City's contractor to provide City and Developer, prior to commencing any construction work hereunder, with certificates of insurance with original endorsements, . and' copies of policies, if requested, of the following insurance with Bests ' -Class B or better carrier admitted to and authorized to issue insurance in the State of California: a. Worker's Compensation Insurance covering all employees and principals of City's contractor, in at least the minimum amount as required by state law, effective under the laws of the State of California. b. Commercial General Liability Insurance covering third party liability risks, including contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily • injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate , limit is used, either, the general aggregate shall apply separately GCM23345 ` I 14 to Segment 2 of the Project or the general limit shall be twice the occurrence limit. c. Commercial Auto Liability and Property Insurance covering any owned and rented vehicles of City's contractor in the • minimum amount of $1 million combined single limit per accident for bodily injury and property damages. 6.3 .2 Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after • thirty (30) days prior notice has been given in writing to City and Developer. City's contractor shall give to City and Developer prompt and timely notice of any claim made or suit instituted arising out of its construction of Segment 2 of the Project. City'.s contractor shall also procure and maintain, at its own expense, any additional kinds and amounts of insurance which in its own judgment may be necessary for its proper protection in the prosecution of the work. 6. 3 . 3 City's contractor shall include all subcontrac- tors as insured under its policies or shall furnish to City and Developer separate certificates and endorsements for each subcontractor prior to commencing any work on Segment 2 of the GCM23345 I 10 Project. All coverage for such subcontractors shall conform with the insurance requirements stated herein. 6. 4 Bonds for Construction of Segment 2 . City's contract with its contractor to construct Segment 2 of the Project shall require City's contractor to provide City with a Payment Bond and a Performance Bond each in an amount equal to the total contract amount for Segment 2 of the Project to be constructed in accordance with this Agreement to guarantee: (1) that contractor and its subcontractors of every tier will pay all amounts owed to subcontractors, material suppliers, workers and equipment renters and, (2) that contractor will perform all obligations under this Agreement. The bonds shall be furnished by a surety company satisfactory to City and Developer on forms acceptable to City and Developer, and shall name City and Developer jointly as obligees. A surety company, to be acceptable to City and Developer, must be authorized to do business and have an agent for service of process in California. City and Developer must also be satisfied that the surety company has sufficient assets and net worth to honor the Payment Bond and Performance Bond. • If at any time, a surety on such bond is declared a bankrupt, loses its right to do business in the State of California for any reason, or is removed from the list of surety companies accepted on Federal bonds, City's contract with its contractor for Segment 2 of the Project shall require the contractor within thirty (30) days after notice from City and/or Developer, to substitute acceptable • GCM23345 It; bonds in such form and sum and signed by such other surety or sureties as may be satisfactory to City and Developer, in their sole discretion. All premiums on any performance or payment bonds required by this Agreement shall be paid solely by City's contractor. City's contract with its contractor for Segment 2 of the Project shall provide that, in the event of termination or cancellation of any insurance or security required by said contract, the contractor shall have fifteen (15) calendar days following receipt of written notice from either City or Developer to provide replacement insurance or security which satisfies the requirements of said contract and that failure to provide such replacement insurance or security shall constitute a material breach of said contract entitling City to make alternative arrangements for completion of performance. A duplicate copy of the fifteen (15) day written notice shall be provided to the other party to this Agreement. 6. 5 Bond for Developer's Reimbursement of Construction Costs of Developer's Portion of Segment 2. Developer has posted bonds ("Bonds") at the time of recordation of the subdivision maps for the Tracts. Prior to execution of this Agreement, Developer and City shall review those bonds to confirm that these Bonds remain in effect and shall remain in effect for the term of this Agreement subject to 'partial release from time to time of components other than the sewer improvements referenced in this Agreement. Prior to • GCM23345 execution of this Agreement, Developer shall obtain and furnish the City with a letter of estoppel from its surety 'which guarantees that the portion of the Bonds which guarantee Developer's reimbursement share of Segment 2 as set forth in Section 4 of this Agreement shall , remain in full force and effect until all sums owing pursuant to Section 4 of this Agreement are paid in full. 7. Surplus Excavated Earth Material. Developer acknowledges City will deliver surplus excavated , earth material from the Tracts due to construction of Segment 2 of the Project to and will deposit it, uncompacted, at the location within Tract No. 12314 depicted on Exhibit "D" attached hereto and incorporated herein be reference. City shall not deposit surplus excavated earth material, other than from the Easement, on the Tracts. In excavating, delivering and depositing the surplus excavated earth material, City shall comply with ' applicable federal, state and local laws. City shall defend, indemnify and ' hold Developer, its officers, employees and agents harmless from any and all claims, actions or liabilities whatsoever including without limitation all consequential damages and attorney's fees, arising out of or incident to said delivery and deposit of the surplus excavated earth material onto Developer's property, whether or not resulting from the negligence of City or City's agents or contractors except to the extent that such claims, actions and liability are attributable to the negligent actions and omissions of Developer. City's liability extends only to the delivery and GCM23345 18 deposit of the surplus excavated earth material. Developer's acceptance of the final load of surplus excavated earth material shall terminate any and all liability of City for the surplus excavated earth material, except as provided by federal or state law. Such material shall become the property of Developer upon completion of work. 4 8. Settlement and Release. Upon execution of this Agreement by City and Developer and recordation of the Easement, the respective counsels of City and Developer are irrevocably authorized and directed to execute an appropriate "Request for Dismissal" form which will have the effect of dismissing, without prejudice, the entirety of the condemnation proceeding entitled "Complaint in Eminent Domain", Case No. 276856 now pending in Superior Court, County of San Bernardino ("Action") g ion") and said dismissal shall include, without limitation, any and all claims for relocation assistance benefits, inverse condemnation, unreasonable precondemnation conduct and/or abandonment and each party shall bear its own costs associated therewith. Said dismissal and the release contained herein shall be conditioned upon the recordation of the Easement as provided in Section 12 of .this Agreement. Developer waives and releases City from any claims which may be asserted under California Civil Code Section 1542 in connection with, or arising out of the Action. Section 1542 provides: GCM23345 • 19 "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " Developer further waives and releases any rights or claims in connection with, or arising out of the • Action available under. common law or equity doctrines similar in right and effect to Civil Code Section 1542. Citywaives aives and releases Developer from any claims in connection with, or arising out of the Action which may be asserted under California Civil Code Section 1542. Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected hi.s settlement with the debtor. " City further waives and releases any rights or claims in connection with, or arising out of the Action available under common law or equity doctrines similar in right and effect to Civil Code Section 1542. Specifically excluding the required performance of Developer and City hereunder, City and Developer do hereby fully release and discharge each other and the other's agents, representatives, attorneys, principals, partners, predecessors, successors, children, heirs, beneficiaries, assigns, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, and causes of action, which any of them may now have, or may hereafter have in GCM23345 conjunction with the Action, but only such obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, and causes of action, that exist up to and including the effective date of the dismissal of said Action. This Agreement shall not be construed to constitute a waiver or release of any damages that may arise from any change in condition not related to the Action which occurs after the effective date hereof. 9• Notice. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's represen- tative as provided in this Agreement. Such notices shall be mailed or' otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose: City Developer City Manager The Presley Companies City of Fontana 19 Corporate Plaza P.O. Box 518 Newport Beach, CA 92660 Attention: CA 92334-0158 Steven Jones Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, certified mail, return receipt requested, to the party at its applicable address. GCM23365 2 10. Term. This Agreement shall have a term which expires ten (10) years from and after the date of its execution and the recordation of the easement, whichever occurs later. Notwithstanding this provision, this Agreement shall remain in full force and effect until all such sums agreed to be paid to City by Developer shall have been paid in full and the indemnities set forth in Sections 2.2, 3.2, 6. 1 and 7 shall survive the termination of this Agreement. 11. Good Faith and Further Acts. Developer and Agency agree that in exercising their respective rights and in performing their obligations provided in this Agreement, Developer and Agency shall exercise the utmost good faith towards one another so that the purpose of this Agreement can be obtained. Developer and Agency shall, furthermore, take such additional steps and sign such additional documents as may be reasonably necessary to attain the purposes of this Agreement. 12. Easement. Concurrently with this Agreement, Developer has dedicated the Easement attached hereto as Exhibit "A" and incorporated herein by reference without payment required therefor by City to Developer, which Easement shall be held in trust by Best, Best & Krieger, together with irrevocable instructions to record, until the City GCM23345 22 Council of City has approved and has directed the City Manager to execute, and Developer and City have executed the Agreement and the Fontana Redevelopment Agency has formally approved and Developer and the Fontana Redevelopment Agency have executed the Detention Agreement. Immediately upon execution of the Agreements or as soon thereafter as possible the Easement shall be recorded. 13. Attorneys ' Fees. • • In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorneys' fees 14. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by both parties in writing. 15. Assignment. • Developer shall have the right to assign and delegate Developer's rights and obligations under this Agreement in GCM23345 23 connection with the concurrent sale, assignment, ground lease, encumbrance or other transfer of all or any portion of the Tracts; provided, however, that Developer's rights under this Agreement shall not be assigned without the delegation of Developer's duties hereunder. Upon such assignment and delegation, Developer shall be relieved of and from further liability or responsibility under this Agreement. 16. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protec- tion and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 17. No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein shall be construed as making City and Developer • joint venturers or partners. GCM23345 23345 • 24 WHEREFORE, this Agreement is executed this 16th day of February - , 1993 . CITY OF FONTANA THE .PRESLEY COMPANIES A Municipal Corporation • a California corporation , Jay M. Corey �� • �� ___. CityAlan D. Uman Manager Vice President L Urnavv ' Dorothy Luman Assist& t Secretary. ATTEST: Kathy Montoya Approved as to legal form:n Cla A op or Stephe e 'ts City t Gre .Hul e unity Develo dent ec r • L / ito , fi-htt . / ennif r Vaughn Blakel ,' Contr ct Compliance Of icer • GCM23345 I 25 SEWER AGREEMENT EXHIBITS t a • RECORDING REQUESTED BY CITY OF FONTANA' Recording Fees WHEN RECORDED MAIL TO: Exempt Pursuant to Government Code §27383 CITY OF FONTANA P. 0. BOX 518 FONTANA, CA 92334 ATTN: ENGINEERING DIVISION APN - NONE (ALMERIA AVENUE AND WALNUT STREET) ADDRESS - N/A BUILDING PERMIT - ALMERIA AVENUE TRUNK SEWER DOCUMENTARY TAX DUE: NONE BY: EASEMENT DEED THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION. (Grantor) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, does hereby grant to the CITY OF FONTANA, a Municipal Corporation (Grantee) , a non-exclusive, non-assignable easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana, County of San Bernardino, State of California, described as follows (Property): PARCEL 1: • THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, GE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE N OF ALMERIA AVENUE AS FOLLOWS: • NORTH 0 04'58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750. 00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CKRYHAL 23000 73391 • OF 8 59'40" AN ARC DISTANCE OF 117 .74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691.87 FEET TO THE BEGINNING OF .A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250. 00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45'49" AN ARC DISTANCE OF 182 .23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A'.'; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30. 00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN. A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2 THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20' 10" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY . ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04'58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN .THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51'00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3 : THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: CKRYHAL 23000 75391 %.� U BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON AID MAP, 89 511 00" WEST 45.05 FEET TO A POINT HEREINAFTER SREFF RE sOUTH TO S POINT "D"., SAID POINT "D" BEING THE TRUE POINT OF BEGINN ' G; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51'00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314 . THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. Said described parcels are as shown on Exhibit "A" attached hereto and incorporated herein by this reference. PROVIDED, HOWEVER, that Grantee shall pay and charge any mechanics' liens or any other claims and demands filed sagainst the Property within thirty (30) days after the date of filing thereof, and shall indemnify, defend and hold Grantor free and harmless from and against any and all loss, cost (including, without limitation, attorneys' fees) , damages, expense or liability for or in connection with such liens, claims or demands. PROVIDED, FURTHER, HOWEVER, that this easement deed is being delivered to Best, Best & Krieger in trust and shall not become effective or be recorded until the following events have occurred: (1) the City Council of the City of Fontana has approved and has directed the City Manager to execute that certain Master Plan Sewer System Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "1" and incorporated herein by this reference ("Sewer Agreement") and the City of Fontana and Grantor have executed the Sewer Agreement; and (2) the governing body of the Fontana Redevelopment Agency has formally approved and has directed the Executive Director of the Fontana Redevelopment Agency to execute that certain Detention Basin Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "2" ("Detention Basin Agreement") and the Fontana Redevelopment Agency and Grantor have executed the Detention Basin Agreement. Grantor hereby irrevocably instructs Best, Best& Krieger to record this easement deed immediately upon, or as soon as possible after, execution of the Sewer Agreement by the City of Fontana and Grantor and execution of the. Detention Basin Agreement by the Fontana Redevelopment Agency and Grantor, whichever occurs later. In the event that the Sewer Agreement and Detention Basin Agreement are not fully executed on or before March 16, 1993, this easement deed CKRYHAL 23000 75391 shall not be recorded and Grantee shall release this easement by executing a quitclaim deed. Dated this day of , 1993 . THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION BY: BY: Alan D. Uman, Vice President Dorothy Luman, Assistant Secretary • CKRYHAL 23000 75391 -4- a Jl1 • STATE OF CALIFORNIA This is to certify S. S. that the interest in COUNTY OF ORANGE real property con- veyed by the deed or grant dated On , 1993, before me, , PERSONALLY APPEARED Alan . from THE PRESLEY D. Uman and Dorothy Luman, personally COMPANIES, A CALI- known to me (or proved to me on the basis FORNIA CORPORATION, of satisfactory evidence) to be the FORMERLY KNOWN AS person(s) whose name(s) is/are subscribed PRESLEY OF SOUTHERN to the within instrument and acknowledged CALIFORNIA, A CALI to me that he/she/they executed the same FORNIA CORPORATION in his/her/their authorized capa- to the City of city(ies) , and that by his/her their Fontana, California, signature(s) on the instrument the a Municipal Corpora- person(s) , or the entity upon behalf of tion, is hereby which the person(s) acted, executed the accepted by the instrument. undersigned officer pursuant to authori- WITNESS my hand and official seal. ty conferred by res- olution of the City Council adopted on Signature July 16, 1991; and the grantee consents • to the recordation (SEAL) thereof by its duly authorized officer. CITY OF FONTANA BY: • Robert W. Weddle, P.E. , City Engineer • • CKRYHAL 23000 75391 -5- • .` .-_ ••.....i fa 1:.; • , V) ViPiv ill 1 T :�: l; - .... Aft g -I� (w _ _ w i . entetaM� : y� f ti ' , t 4 to b2 g ar 1:., - -Y. „Lama. .la , . 1 -- .-..0s .P.,...r.=...... iip t t % •41---r f R1-111 )... 4.14Ail_ . .1111.....1411.,- - . „, I - I 11 0 .15iiii• voill,r(,,,,iiiiitiiittrien : i . YElltartitLe : ; .. Ili 41.5101 kik. ........ ..__114rs, R . ' J - "11 '"nr irillff.WO. 1 i n a 48 le saint It 1aNliwa Avernus and M� Avenue to E �e�"'�"'""" +� t 9 = i� E : ,+� uMri• Avenue r,,,c„,„,,, _ Y and sa.a line Aesnu. Mg U -fi litir.,'' + y= , Nilsen!_ . 7 t Almeria Avenue 1.I •: ; •.7 -- — land ) _ w 1' I I Y!-to tfalteitt���niii`{lti9b ! van ----------- -:�/1-� � � ` � i -�r, - >sagaant )t haalina Manuaand Almeria Avenue of Tract No. 11114 i i ' �r•.r.• !'_M-^'J to east borndary I i i i I t l 1(f l sill11, a i • SEGMENT 2 rt I I�, 7.1. _ l 1311 ' It wil i Ile }]• • wry s .o...m-r� _ Ji '., SEGMENT ' i + _ aiI:. Ir. �eee�e11�� tn golf r-s�__ y _ --....117.71:i i - • \--1-- • wwCr W. Itsto••t SEGMENT 3. t EXHIBIT "Cu • Estimated Total Project Costs Segment It Design Engineering $ 17, 053 (1) Construction Cost $384, 143 (2) Construction Engineering $ 38 . 000 $439, 196 Developer Share 0% -0- City Share 100% $439, 196 Segment 2: Design Engineering $ 19,320 (1) Construction Cost $213,430 (2) Construction Engineering $ 21. 000 $253,750 Developer Share 43 .3% $109,874 (3) City Share 56.7% $143,876 (3) Segment 3 : Design Engineering $ 3 , 081 (1) Construction Cost $ 69,267 (2) Construction Engineering $ 7, 000 $ 79,348 Developer Share 0% -0- City Share 100% $ 79, 348 Design Costs advanced by Developer as of July 1, 1992 Segment 1 $ 17,053 Segment 2 $ 19, 320 Segment 3 $ 3 . 081 $ 39,454 Estimated Reimbursement Developer's Share $109,874 less prepaid design costs S-39.454 Future estimate due $ 70,420 (1) Design costs advanced by Developer. (2) See Exhibit C-1. (3) Ratio that Developer responsibility for construction cost bears to the construction cost of Segment 2, as set forth on Exhibit C-1. • C.) • • • • Exhibit "C-1" lime.septa sod b...ls, ss•l '.••a althea . t.natl•• ps•albaa to lieslws b•tl..t s. the beet•sell•fle ls+d••tsy tote •s the al. ENGINEER'S COST ESTIMATE CITY AND DEVELOPER ARE RESPONif■LE b'ati•s.tls.1..wu••s •s•s■•• ..• s.p++sl1 •FOR EACH SEGMENT OF THE MASTER PLAN OF SEWERS PROJECT. the tom • Ot mob ..0 WON la • DATE: 4-11-92 �.•st, I RASIEME IxgtNUrAND-BEECH AVENUE TO ALMERIA AVENUE ITEM L�l/.1:111t t�l�il`{J./.l .lr~ Miijj , T . i.;- .�,-; . 14 • • -.C.r. R _ -'�'ti t i E iZriE.TZ4lii ■RR1LLy�7V/-I • :.. 'ri i'- —UM— -iR711 Al .• C 1s I pu•O i . .• . - -*3.ti F....r....3F).... •' -1. MIIIIIIIIIIL rillirri1111111111 r. 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SANTA ANA•CAUFORNIA 12701 PHONE 714•83E•2E4E ` —`\K (----- I --�--- AGENDA ITEM CITY COUNCIL ACTION REPORT MARCH 2. 1993 CONSENT CALENDAR Meeting Date Agenda Placement • TO: Mayor and Council Members FROM: Community Development Department SUBJECT: Award of Contract for the Construction of the Baseline/Almeria Sewer Project RECOMMENDATION: TO ACCEPT A BID IN THE AMOUNT OF $464,020 AND AWARD A CONTRACT TO ALBERT W. DAVIES, INC. , FOR THE CONSTRUCTION OF THE BASELINE/ALMERIA SEWER, AND TO ' AUTHORIZE A CONSTRUCTION CONTINGENCY FUND IN THE AMOUNT OF $46,402 (10% OF THE CONTRACT AMOUNT) AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT. Funing BUDGET IMPACT: CI No' I (X es Source: —1General Budget IXXI SEWER (071) Fund Budget I`I Bond Proceeds (_I Developer Deposits Funds in, the amount of $807,129 for the Baseline/Almeria Sewer. Project are budgeted in the Fiscal Year 92/93 Budget under Sewer Fund Account No. 071-7243- 4300 (Page 4). ENVIRONMENTAL IMPACT: I_I No ICI Yes A Mitigated Negative Declaration for the Baseline/Almeria Sewer Project was adopted by the Fontana City Council on November 17, 1992 (Page 5). BACKGROUND: In December 1992, the Redevelopment Agency completed construction of a local sewer system within the Highland Haven Tract 3348 of North Fontana. In order for this sewer system to be functional within the Highland Haven area a sewer master trunk line on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street must be constructed (the Baseline/Almeria Sewer Project). In December 1990, when Tract 12314 was recorded, it was anticipated that the owner, the Presley Companies would construct the Baseline/Almeria Sewer Project (subject to reimbursement by the City) as part of development of their Tract 12314 in the Rancho Fontana Specific Plan of North Fontana (see attached map, Page 5). 'Presley' was going to construct the Almeria sewer line as it is encompassed within the limits of their proposed development and because the conditions of approval for the Tract require Presley to dedicate to the City the public easements subject to improvement. Therefore, the necessary' easement was originally contemplated as part of the Tract Map. .T ,aM c, • Subsequently, staff was advised by the Presley Companies that they had no plans to proceed with development of Tract 12314 in the foreseeable future. In anticipation that Presley was not going to move forward with their development plans, and to facilitate completion of the Highland Haven Sewer, the City budgeted funds in the 1992/93 Sewer Improvement Fund to construct the Baseline/Almeria Sewer Project. On September 7, 1992, in response to a formal request by the City to grant the sewer easement, Presley informed the City that they were unwilling to do so until several unrelated issues were resolved. On November 17, 1992, the, City Council adopted a Resolution of Necessity declaring the City's intent to acquire the sewer easement through eminent domain proceedings so that it might proceed with construction of the Baseline/Almeria Sewer Project( (Page 5). On December 15, 1992, the City Council authorized the Community Development Department to advertise for bids for the construction of a sewer trunk line on Baseline from Beech Avenue to Almeria Avenue and north on Almeria Avenue to Walnut Street (Baseline/Almeria Sewer Project) (Page ,7). On January 8, , 1993, the Court granted possession of the sewer easement to the City. ANALYSIS AND FINDINGS: This project will provide a 21 inch sewer trunk line on Baseline Avenue from Beech Avenue on the west to Almeria Avenue on the east and an 18 inch sewer line on Almeria Avenue from Baseline Avenue on the south to Walnut Street on the north. The construction of the Baseline/Almeria Sewer Project is required in order to provide sewer service to the North Fontana area (which includes the Highland Haven area) ultimately serving 5,100 dwelling units and 800 acres of future commercial property. Without this Project, development in the area between Beech and Citrus Avenues, north of Baseline Avenue within North Fontana will not take place and the sewer system recently completed in Highland Haven, will not be functional , resulting in continuing adverse impacts 'to the health and quality of life of persons residing in the affected area. The bid process was conducted in accordance with bid procedures for public works projects. Twenty-five (25) bids were received by the City Clerk's office. Bids were opened by the City Clerk in the Council Chambers at 2:00 p.m. on February 4,. 1993. The lowest responsible bidder was Albert W. Davies, Inc. , as reflected in the recapitulation of bids (Page 8). The low bid of $464,020 is below the Engineer's Estimate of $624,780. Staff recommends award of a contract to Albert W. Davies, Inc. , for construction of the Baseline/Almeria Sewer Project. Once the contract is awarded, but prior to beginning construction, the contractor must prepare and submit a detour plan for City and Caltrans approval . Once the detour plan is approved, the contractor may begin construction. The contract calls for a construction period of 90 working days. The estimated date of completion of the project is August 1993. This recommended action complies with the City's adopted Purchasing policies and procedures. 3 ATTACHMENTS: • Page 4 - 1992/93 Adopted Budget-Sewer Improvement Fund (071) Page 5 - Minute excerpt of November 17, 1992 City Council Meeting Page 6 - Project Location Map Page 7 - Minute Excerpt of December 15, 1992 City Council Meeting Page 8 - Bid Recapitulation SUBMITTED BY: REVIEWED BY: RECOMMENDED BY: ennif Vaughn Blakel C arc A so J Corey Assi ant City Manag Steve Dei ch t Manager City Attorney JVB:GVO:cz if, 1993 MAR fx ) ! MEMORANDUM ", w� A"r ,; CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: DISTRIBUTION LIST FROM: DON GILBERTSON I ,L7, ENGINEERING TECH. II SUBJECT: BASELINE AVENUE AND ALMERIA AVENUE TRUNK SEWER SYSTEM CONSTRUCTION PROJECT PRE-CONSTRUCTION MEETING DATE: MARCH 12, 1993 The Pre-Construction Meeting for the above mentioned project has been scheduled for 10:00 A.M. on Wednesday, March 17, 1993, in the D.A.B. Conference Room at Fontana City Hall. Your attendance is requested. If you have any questions, please call me at Ext. 6659. Distribution List Robert W. Weddle,P.E. , City Engineer Clyde Sweet, City Traffic Engineer Felipe Molinos, Principal Civil Engineer/C.I.P. Maggie Pacheco, RDA Project Coordinator Carlos Navarro, Associate Engineer/Inspection Yousuf Patanwala, Associate Engineer/Special Projects Tim O'Connor, Police Sergeant II Public Works Inspector 93-100798 • • RECORDING REQUESTED BY CITY OF FONTANA Recording Fees Exempt Pursuant to WHEN RECORDED MAIL TO: Government Code §27383 CITY OF FONTANA P. O. BOX 518 FONTANA, CA 92334 ATTN: ENGINEERING DIVISION APN - NONE (ALMERIA AVENUE AND WALNUT STREET) ADDRESS - N/A BUILDING PERMIT - ALMERIA AVENUE TRUNK SEWER DOCUMENTARY TAX DUE: NONE BY: EASEMENT DEED THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION (Grantor) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 'does hereby grant to the CITY OF FONTANA, a Municipal Corporation (Grantee) , a non-exclusive, non-assignable easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana, County of San Bernardino, State of California, described as follows (Property) PARCEL 1: THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN, A STRIP OF LAND 64.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE .OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89°52157" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0°04158" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°58/39" AN ARC DISTANCE OF 117. 52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81°06119" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CKRYHAL 23000 753912 9:3--160798 OF 8°59'40" AN ARC DISTANCE OF 117.74 FEET; TANGENT TO SAID CURVE, NORTH 0°05'59" WEST 691.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°45/49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED •CURVE THROUGH A CENTRAL ANGLE OF 8°34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39°46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30. 00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39°46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN ,BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48°20'10" WEST 134.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250. 00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0°04'58" WEST 469. 37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C" . THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89°51'00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. . PARCEL 3 : THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: CKRYHAL 23000 75391 2 BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89°51'00" WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE.OF WALNUT STREET, NORTH 89°51'00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0°09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. Said described parcels are shown on Exhibit "A" attached hereto and incorporated herein by this reference. PROVIDED, HOWEVER, that Grantee shall pay and discharge any mechanics' liens or any other claims and demands filed against the • Property within thirty (30) days after the date of filing thereof, and shall indemnify, defend and hold Grantor free and harmless from and against any and all loss, cost (including, without limitation, attorneys' fees) , damages, expense or liability for or in connection with such liens, claims or demands. PROVIDED, FURTHER, HOWEVER, that this easement deed is being delivered to Best, Best & Krieger in trust and shall not become effective or be recorded until the following events have occurred: (1) the City Council of the City of Fontana has approved and has directed the City Manager to execute that certain Master Plan Sewer System Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "1" and incorporated herein by this reference ("Sewer Agreement") and the City of Fontana and Grantor have executed the Sewer Agreement; and (2) the governing body of the Fontana Redevelopment Agency has formally approved and has directed the Executive Director of the Fontana Redevelopment Agency to execute that certain Detention Basin Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "2" ("Detention Basin Agreement") and the Fontana Redevelopment Agency and Grantor have executed the Detention Basin Agreement. Grantor hereby irrevocably instructs Best, Best & Krieger to record this easement deed immediately upon, or as soon' as possible after, execution of the Sewer Agreement by the City of Fontana and Grantor and execution of the Detention Basin Agreement by the Fontana Redevelopment Agency and Grantor, whichever occurs later. In the event that the Sewer Agreement and Detention Basin Agreement are not fully executed on or before March 16, 1993, this easement deed • CKRYHAL 23000 75391 2 9371G�0798 shall not be recorded and Grantee shall release this easement by executing a quitclaim deed. Dated this -q day of . .3"arl)Ae ' , 1993. THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION BY:` BY: AiooCfic Alan D. Uman, Vice President DorothJLuman, Assistant Secretary • • • CKRYHAL 23000 75391 -4- • y 937100798. • STATE OF CALIFORNIA This is to certify S.S. that the interest in COUNTY OF ORANGE real property con- veyed by the deed or grant dated On /- 4'07� , 1993, before me, ��j�.L' ,e.. 3.4Nurg2y ie. ',qs y,70;p4 , PERSONALLY APPEARED Alan from THE PRESLEY D. Uman and Dorothy Luman, personally COMPANIES, A CALI- known to me (or proved to me on the basis FORNIA CORPORATION, , of satisfactory evidence) to be the FORMERLY KNOWN AS person(s) whose name(s) is/are subscribed PRESLEY OF SOUTHERN to the within instrument and acknowledged CALIFORNIA, A CALI- to me that he/she/they executed the same FORNIA CORPORATION in his/her/their authorized capa- to the City of city(ies) , and that by his/her their Fontana, California, signature(s) on the instrument the a Municipal Corpora- person(s) , or the entity upon behalf of tion, is hereby which the person(s) acted, executed the accepted by the instrument: undersigned officer pursuant to authori- WITNESS my hand and official seal. ty conferred by res- olution of the City Council adopted on Signature //://,;:: July 16, 1991; and the grantee consents to the recordation (SEAL) thereof by its duly authorized officer. • ...... • OFFICIAL SEAL MARY R. WALTERS CITY OF FONTANA _vim' (t'.L NOTARY PUBLIC•CALIFORNIA ,,v]] PRINCIPAL OFFICE IN % ORANGE COUNTY • ._ � My Commission Eltp. tune 16. 1993 By: Robert W. Weddle, P.E. , City Engineer • CKRYHAL 23000 75391 -5- y U0'798 SUP[R of 01►R +ME ~ARID w THE Off=Of f.M L sal Isar• MILE AIN AtwINC, CUTEi. ' .M DO .14e1 ; GOIluLTINI CMI.1$S$IUllt • l AND LMIO noon, • IL1��st LTo4 O WRANY.WI_OOMIA MT11 r1 MOMT11• fl•7ON . • W.iuu 123\A • le. g� *OfI310 e�►\t�01. � ' gyp. T g•a'01:fo' ( 1 m•71u ' • \\::: aaa'.7is'fA" ' I PARCEL 1 S ' 1,4 SAC, 36 -it • TIN 1 R GVN; S•B.M. 'Q i Fe LI I d g ' , l'/' 5M•A 44'A re es,ic.sd, . Atoms/ ) I611 Rae. PARCRL 1;xi. !sJr osa o4e' 4 I , 6Q BA L1N AV NU — q ALMERIA AVE.G) ' EXHIBIT 'A' MgEt5OFF6 CITY OF FONTANA,CALIFORNIA ' At� • DEED PLAT ;a. • • 9:3-1047Q8 PAVANE&IN MI DPP=DP ' .ja44 �jd•-' MAOOLE ANO*SWIMS,ML. PARCEL 3 d aaas�rd calruiNMA cm iNs AND WAD MANORS TRUE NOW PARCEL.A� • MOIL POINT D i 1%,,* WITA AMA 0/UPONNA OEM sof75/21a r :,..ss.as ��.as' ;, . t \.qk.. WALNUT STREET A/D'cf'621 J� rciNT' PARCEL k �• I Ilit,„, I. • PARCEL 2 I iii ,-q ALMERIA IAVE.(N) o I 1:::i . L __._ _ . .. _ _ _ A.,•0'f3'/'C'' AT r esn GO' l.,"%st' ' .10Yd/0V 123A4 /3.10 d,D• %t7' , NO. .A14 ee— 1s taetLd' A.6•� �.� ' POD • _-- b.de/Vil a A.**a co 4 PONT L•/Atsa' I!0 4. PARCEL Z T. ,,47' Se0. 36 J. R6W SgM c. listS— -f. ‘ N. •' PARCEL 1 ALMERIA AVE. (N) ' ' EXHIBIT 'A' SEE SHEET s smtn 6.2r6 `Avowals* . lmr}b CITY OF FONTANA.CALIFORNIA • DEED PLAT .am In 93-1.00798 exhibit "1n Exhibit 1 'consists of the Master Plan Sewer Systlem Reimbursement Agreement, Document Number GCM2345, dated January 27, 1993 , a copy of which is on tile with the City Attorney • • • • • • • l CKAY HA L 23000 73391 Exhibit "2" . Exhibit 2 "consists of the Detention Basin Reimbursement Agreement, Document INumber GCM23442, dated January 29., 1993, 1at approximately 11: 00 a.m. , a copy of which is on "file with the City Attorney 1FEE 6 CfifG 2 MSYS 7 GIMS 3 PCOR $NO E 4LNNT •STFEE 5SVY f- QQ 9 79V OTT � RECORDED IN OFFICIAL RECORDS 93 MAR -4 PM I: 46 SAN BERNARDINO CO.. CALIF. • • • CKRYHAL 2300373391 k\R5 / \?/. sh 4,‘ BASELINE/ALMERIA SEWER PROJECT \\ TENTATIVE CONSTRUCTION SCHEDULE Actions Dalt 1. Redevelopment Agency approves Detention Basin ' 2/16/93 Agreement with Presley and obtains Almeria Avenue Easement 2. City Council Awards Contract to Albert W. Davies , 3/2/93 (See attached City.Council Report) 3. Pre-Construction Conference 3/17/93 4. Construction Notice to Proceed 4/1/93 • Preparation of detail detour plans occurs. .5. Construction Commences 5/1/93 6. Construction Completed 9/1/93 C . y of Fontana CALIFORNIA 1 't om t. N •. • • April 30, 1993 Mr. Steve Jones The Presley Companies P.O. Box 6110 j Newport Beach, CA 92658 Q RE: Baseline/Almeria Sewer Project �� �;, Insurance Certificate & Rider to Contract Bonds \ Dear Mr. Jones: As per the agreement between the City of Fontana and The Presley Companies, the City's Contractor for the above mentioned project has provided the City with the Insurance Certificate and Rider to the Contract Bond naming the Presley Companies as Additional Insured and Obligee respectively on each Document. Copies of the Insurance Certificate and Rider to the Contract Bonds is enclosed for your records. Please call the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yo of Patanwala Associate Engineer/Special Projects Enclosure cc: City Engineer R.D.A. Project Coordinator (M.P.) c:\yousuf\leters93\insrcert.bsl 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA.CALIFORNIA 92334.0518 • (714)350.7600 SISTER CITY- KAMLOOPS, B.C. CANADA ft.0 recycled paper. dig 'II Nor r0THE C�T'�� City of Fontana i 010 eimisl, CALIFORNIA tiN�� iasse - May 3, 1993 41/4 uw«, r:, Lester W. Davies Albert W. Davies, Inc. 8737 Helms Avenue `' ���,"`? Rancho Cucamonga, CA 91730 ' �� A`., / e>J RE: Baseline Avenue to Almeria Avenue Trunk Sewer System Notice to Proceed Dear Mr. Davies: • On March 2, 1993 the City Council awarded the construction contract to Albert W. Davies, Inc. for the above reference project. This letter will serve as you Notice to Proceed on the Almeria Avenue. Enclosed for your records is a fully executed copy of the contract documents. Contractor must obtain City Construction Permit from the Engineering counter at City Hall. Arrangements for inspection can be made by contacting Jim Rankin in the Engineering Division at (909) 350-6634. Also, contractor must have a letter on file with the City from property owner authorizing contractor to use their property for stock piling if contractor intends to do so. Letter should have proper address for the property to be used. Please contact the undersigned at (909) 350-6645, if you need any additional information. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division • Yo of Patanwala Associate Engineer/Special Projects Enclosure, Executed Contract Document cc: City Engineer Principal Civil Engineer/Special Projects Principal Civil Engineer/Capital Improvement Projects R.D.A.Porject Coordinator (M.P.) Associate Engineer/Inspection Public Works Inspector(J.R.) c:\data\wp\yousuf\leters93\notitofr.bsl 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY— KAMLOOPS, B.C. CANADA • t, recycled paper CITY OF FONTANA ��i 293037 California ;1' 49 MEMORANDUM JUL 1992 tyk RECEIVED 4 Redevelopment p TO: r ,MAGGIE'PACHECO ` REDEVELOPMENT PROJECT COORDINATOR Housing o� FROM: BOB WEDDLE, CITY ENGINEER pi) fs1`1eL511,L���' RE: BASELINE/ALMERIA SEWER PROJECT (071-7243) DATE: JULY 28, 1992 As requested, this is to provide you an approximate schedule for constructing the Baseline/Almeria Sewer Project that will make Highland/Haven sewers functional . This project was approved by the City Council in the FY 92/93 budget in an amount of $914,846 from the Sewer Capital Fund (less final adjustments for furlough and additional internal service charges approved by Council ) . The project plans and specifications are complete; however, the City does not have any permanent nor temporary construction easements to build the sewer thrbugh recorded Tract No. 12314 (Presley). The City's rights via the final map in this tract's streets, are "subject to improvement" and the tract's streets are -undeveloped pending resolution of the North Fontana Infrastructure Program and market conditions. Negotiations with Presley Company have been progressing favorably these past few weeks for obtaining separate sewer easements along the proposed sewer alignment. The Presley people have indicated a willingness to grant the City the easements subject to resolving a number of related and non-related items dealing with the development of their property. These items, in summary, are: 1. Sewer Reimbursement Agreement 2. Detention Basin (Presley may file for a design review for Planning Commission approval to resolve some legal and policy issues) . 3. Potential of Highland/Haven Project Area contributing to the cost of upsizing the detention basin to accommodate Phase II of the proposed Highland/Haven Construction Program's additional runoff. 4. Master Plan of Drainage Reimbursement (new issue). Presley is requesting that their mainline storm drain to the detention basin be considered for reimbursement by the Storm Drain Fund (038). Meetings will be held on this topic this week. Memo to Maggie Pacheco July 28, 1992 Page Two Upon resolution of these issues and any potential new ones the Engineering Division will request City Council authorization to bid, approval of the project environmental documents, approval of the Sewer Reimbursement Agreement and acceptance of the easements. A proposed schedule follows that keys off of internal approvals of the City Attorney and Risk Manager, et.al . , sign off of the reimbursement agreement. 1. Prepare Council Report and Schedule Public Hearing/ Meeting for Project 3-5 weeks 2. Bid period including bid opening 4-6 weeks 3. Prepare Council report for award including 3 weeks Council meeting 4. Execution of contract documents and scheduling 2-3 weeks preconstruction meeting and issuing Notice to Proceed 5. Contractor orders materials and constructs project 12-16 weeks (includes street closure of Baseline Avenue) TOTAL 24 to 33 weeks Should the City consider alternate alignments or the potential of acquiring right of way following normal purchasing procedures for retaining appraisers, real property agents and attorneys, it could add a minimum of five to nine months to the above schedule. At the present time, the Presley people are negotiating in good faith; therefore, staff would not at this time recommend the alternate program due to its significant costs. Should you have any questions, please call . RWW:sh cc: Community Development Director RDA/Housing Manager Building and Safety/Planning Manager Principal Engineer/Capital Improvements 1 L (Space below for filing stamp only) Proof of Publication CITY OF FONTANA REDEVELOPMENT AND HOUSING DEPT. CITY OF FONTANA FONTANA,CALIFORNIA STATE OF CALIFORNIA, }ss• NOTICE OF PUBLIC HEARING County of San Bernardino, NOTICE u City of FontanaIS thatHEREBY a publicGIVEN hearingbythe wCiillty beCo heldncil Toof conthe- sider an ordinance of the City of Fontana amending Chap- ter 26 of the Municipal Code of the City.of Fontana by The undersigned hereby certifies as follows: adding new sections concerning construction of local sew- er systems,and partial house connection laterals thereto, the construction of partial house connection sewer laterals I am a citizen of the United States,over the age of twenty-one years, and not a off of the master plan sewer facilities,the reimbursement to the city of its construction costs, and maintenance party to nor interested in the above-entitled matter; I am the principal clerk of the liability. printer of a newspaper,to wit, The Sun;the same was at all times herein mentioned a Nature of Request•. To consider adoption of an newspaper ofgeneral circulationprinted andpublished daily,including Sunday,in the ordinance af then City 1.o Fontanahro Y g Y adding Section 26-31.1 through ;' City of San Bernardino, in the County of San Bernardino, State of California; said 26 311 Sectiona26 1 and SSeeccttion newspaper is sopublished everydayof theyear as and under the name of The Sun,said 26-67 of the Code of the Code of the City of Fontana, California, newspaper has been adjudged a newspaper ofgeneral circulation bythe Superior concerning the construction of ) g Pe local sewer systems and related Court of the State of California,in and for the County of San Bernardino,by a judg- matters., ment ment of said Superior Court duly made, filed and entered on June 20, 1952, in the Date of Hearing: earn: September, ]9J records and files of said Superior Court in that certain proceeding entitled In the Mat- Place of Hearing: City Hall Council Chambers' 8353 Sierra Avenue ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- Fontana, California 92335 culation,numbered 73084 in the records of civil proceedings in said Superior Court Any person interested in this matter is invited to appear and present information which may be of assistance to '. and by judgment modifying the same,also made,filed and entered in said proceeding; the City Council as it considers the matters described in this notice. If you have any questions concerning this• the notice or other process or document hereinafter mentioned was set, printed and public hearing,please contact the city's Community De-, velopment Department, Public Works Division. , published in type not smaller than nonpareil and was preceded with words printed in C _ _;__6/8_016).6960 black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the NOTICE OF PUBLIC HEARING of which the annexed is a true printed copy,was published in each edition and issue of • said newspaper of general circulation, and not in any supplement thereof,on each of the following dates, to wit: AUGUST 8, 1992 I certify under penalty of perjury that the foregoing is true and correct. �-3"�-'"�'�.,,, h�-•`f'�©"..fir Executed on the 10 day of AUGUST , 19 92 , at San Bernardino, in said County and State. NO.3 05024181 /li fe--' . CIT i) Y. Pa71-d..,�.4.1a RECEIVED Al, Pzb?«, AUG I 4 1992 CITY ENGINEER'S OFFICE CITY OF FONTANA California 1�.� -j is 7s o27 PS: Pk n� cry TO: BOB WEDDLE, CITY ENGINEERR .AAG 1992� `k r) 7) FROM: MAGGIE PACHECO, REDEVELOPMENT PR Rr 1't' ;FIDINATOR C: SUBJECT: BASELINE/ALMERIA SEWER PROJECT ,.. 01, DATE: AUGUST 13, 1992 In our meeting of August 12, 1992, regarding the above referenced Project, we agreed that the number of unresolved issues surrounding Presley Tract No. 12314 might delay their granting of sewer easements to the City indefinitely and that your staff was too backlogged with work to proceed with any alternative means of gaining possession of the needed easements at this time. Based on these concerns and in light of the fact that it is imperative that the Baseline/Almeria sewers be in place commensurate with or soon after completion of the Highland Haven sewer, the Agency proposes to take the following actions on behalf of the City: O , • Solicit legal advice and direction. • Prepare a letter to Presley officially requesting them to grant the necessary ,y v easements within a specified time (for Mr. Hulsizer's signature). ' aim ' • If easements not granted, secure the services of a private appraiser and pursue friendly acquisition of needed easements. • If friendly acquisition is not possible, initiate eminent domain proceedings and seek prejudgment possession. In as much as Agency staff are also overloaded with work, I have directed Gary Van Osdel, 9: Agency Consultant, to take the lead in these efforts. Costs associated with gaining the easements will initially be covered by the Agency with the intent of requesting reimbursement from_the City's Sewer Fund at some later date. (.... MP:GVO:cm AO' sc-' se �,,,,?,0 t.e cc: Community Development Director SL''`' -b 1�'�'z 1 p',d �i Redevelopment and Housing Manager S -t?Jv I" ✓ L°`'/ ,L Agency Consultant (GVO) L la,,/ �a, 0)4iv f File f ) A G Gyp f1' 1JUPLI CATE CITY OF FONTANA Memorandum TO: Cliff Stewart, Central Services Manager FROM: Maggie Pacheco, J Redevelopment Project Coordinator I� V 1? iir SUBJECT: Appraisal Services for Baseline and Almeria Trunkline DATE: August 17, 1992 This memo will confirm our conversation of August 14, 1992, whereby you and I came to an agreement regarding the Appraisal Services for Baseline and Almeria trunkline in North Fontana. Our agreement is to have Best, Best & Kreiger hire the Appraiser (MAI) for these services and to have BB&K bill us for these services via the Agreement their firm has with the Fontana Redevelopment Agency. The cost estimation for these services is $5,000. If there are other requirements needed and the cost goes over $5,000, I will consult with you so you may advise me accordingly. Should you have any questions, please contact myself (6739) or Lois (6723). Thank you. • /lg •• / 1 attach. <‘\I / Z co file . lik 1 0 j /1 4: copy: i iti b .,0 c coo) 14 t-'' jt\ •T 1/e12.04111tisigo,... '5,, C.)1 City of Fontana CALIFORNIA \ .ot • ,relmilagea kzt. %7111 el1170 ..," September 2, 1992 Mr. Steven Jones Project Manager PRESLEY OF SOUTHERN CALIFORNIA 19 Corporate Plaza Newport Beach, California, 92660 RE: Tract No. 12314 - Sewer Easements Dear Mr. Jones: In order to facilitate the City's infrastructure planning efforts in the North Fontana area, the City respectfully requests that Presley grant the needed sewer easements within Tract No. 12314 to the City at this time. Staff would appreciate Presley executing and delivering the previously transmitted easement deeds to Mr. Bob Weddle by September 9, 1992. Thanking you in advance for your prompt cooperation. If you wish to contact me, please call me at (714) 350-6712. •Sincerely, CO U IT EVELOPMENT DEPARTMENT A i ist atio Gre lsi 'Co unity De elopment Director ., GH:i1P:cz 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7800 SISTER CITY— KAMLOOPS, B.C. CANADA • i . CITY O F • A X C AL I F O R NIA c O M M 'U N ' CAT IONS FROM FAX NO. (7 1 43 3 6 0 - 7 6 9 1 0 i PLEASE DELI"! THE FOLLO NS PAGES TOs INS I NAME s • ' r-, 111 ,L. .' C T C •,9,-7.7e...r7T • LOCATIO s !/ / 4/ / '/ FAX NUM ER s I • 7 C) '`/40 �`---���3 PHONE s /.. 6 4 G C..\ A FROM S �?c� � r c_... J ' T- lC .c. ^'�` . LOCATI s LJ �;-,C .—_ 4=."7. c-••y • • ACCOUNT INO. i%��S "'"� 6 ct' I PHONES TOTAL NUMSERI.OF PAGES. DATES TIME. (including cover ss ee ) MESSAGES I I ' CC. . FAX CHA1t0E i33s *3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.60 THEREAFTER. PLEASE IMAKE 'CHECK PAYASLE TO CITY OF FONTANA IN THE AMOUNT OF AND MAIL TOs CITY OF FONTANA. P.O.SOX 616. FONTANA. CA. 92334 • I ma44ANumi FROM s ' I K� name companX / firm 409: -1, x-- . address Phone no. '� %_• . _ NOTES PLEASE RETURN THIS COVER SHEET.WITH PAYMENT «:Jy slosle. (ACC.N0.010-0316-2100) • 3AN. 1992 SKY— TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT • ** COUNT # 2 *** SEND *** NO REMOTE STATION I. D. START TIME DURATION #PAGES • COMMENT 1 7146401643 9— 3-92 3:23PM 1 ' 11 " 2 • TOTAL 0:01 ' 11" 2 XEROX TELECOPIER 7021 • TUE ,•,, ado''\ .� � . , • n City of Fontana ct, =r.. oa - � / CALIFORNIA s• •. ry September 2, 1992 • Mr. Steven Jones Project Manager PRESLEY OF SOUTHERN CALIFORNIA 19 Corporate Plaza Newport Beach, California, 92660 RE: Tract No. 12314 - Sewer Easements Dear Mr. Jones: In order to facilitate the City's infrastructure planning efforts in the North Fontana area, the City respectfully requests that Presley grant the needed sewer . easements within Tract No. 12314 to the City at this time. Staff would appreciate Presley executing and delivering the previously transmitted easement deeds to Mr. Bob Weddle by September 9, 1992. Thanking you in advance for your prompt cooperation. If you wish to contact me, please call meat (714) 350-6712. Sincerely, CO U IT EVELOPMENT DEPARTMENT A i ist a io . Gre lsi ''Co unity De elopment Director • .40 GH.1 ( s'cz • 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA.CALIFORNIA 92334.0518 • (714)350.7800 SISTER CITY- KAMLOOPS, B.C. CANADA CITY OF FONTANA CALIFORNIA MEMORANDUM TO: BOB WEDDLE, CITY ENGINEER FROM: MAGGIE PACHECO, REDEVELOPMENT PROJECT COORDINATOR ff SUBJECT: BASELINE/ALMERIA SEWER TRACT NO. 12314 - SEWER EASEMENTS DATE: SEPTEMBER 3, 1992 Attached for your files is a copy of the letter from Greg Hulsizer to Steven Jones officially requesting Presley to grant the sewer easements to the City. For your information, if Presley fails to deliver the easement deeds to the City by the date referenced in the letter, the Agency will be prepared to initiate acquisition procedures immediately. Ken MacVey of BB&K, who will be providing legal guidance to the Agency if acquisition of the easements is required, has indicated to me that you may proceed to seek Council authorization to bid segments 1 and 2 off the Baseline/Almeria sewer (including the necessary environmental documentation) , as long as authorization is made subject to receipt of the required easements. In this regard, may I suggest that prior to submitting the agenda item, we run it past Mr. MacVey for his review and approval. Also, for your review and input is the Detention Basin Agreement as revised by BB&K. A cursory review of the Agreement, indicates that many of the new provisions incorporated by BB&K may be unnecessary. MP:GVO/np cc: Don Gee Greg Hulsizer Op '4f ° ► City of Fontana CALIFORNIA .V _ (.Ea September 11, 1992 Mr. Ken MacVey, Esq Best, Best& Krieger 3750 University Avenue Suite 400 Mission Square Riverside, CA 92502 RE: Tract No. 12314 - Sewer Easement Acquisition (Presley of Southern California) Dear Ken: This letter will serve as your authorization to proceed with employing the services of an appraiser to determine the fair market value of a certain sewer easement within the above referenced tract. Additionally, I am transmitting herewith a copy of the proposed easement deed which provides a map and legal description of the easement to be apprised, and a mylar copy of the tract map which depicts the easement dedication condition. For your information, any communication with the owner, Presley of Southern California, may be directed as follows: Mr. Steven Jones Project Manager Presley of Southern California 19 Corporate Plaza Newport Beach, CA 92660 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7800 SISTER CITY- KAMLOOPS, B.C. CANADA Mr. Ken MacVey, Esq. September 11, 1992 Page 2 If you need more information regarding this matter, please call me at (714) 350- 6739. Sincerely, REDEVELOPMENT AND HOUSING DEPARTMENT Maggie Pachec_, 8' Redevelopment Project Coordinator Attachments cc: City Engineer Building and Planning Manager Redevelopment and Housing Manager Assistant Planner MP:Ip 9-11-92 \\ /o THE ff cf , v- -,„ 1 � �- , o. ( f City of Fontana 1 / t$ )%4,). .I 0401 " : '4' CALIFORNI •- \ov.,:,:c4gigik_11 -eA, / 4 6 0i)/1' \ 0•4-0. -1 L., ,,ii:l.... ,:=.,,,,_ i\ q�*s 4p , September 14, 1992 i� sit5GIo „1, 7, 1 \;), ,‘,tI 4).-) ,,z) ‘ Mr. Steven Jones 0 o1, -� X. Project Manager '�°' �� P'� G Presley of Southern California O��G�\��V ;; 19 Corporate Plaza �,:. vQ c, z-,; I Newport Beach, CA 92660 ` ti �Q�ae��� ,,` ,RE: Sewer Reimbursement Agreement 4,-,,�•_,,. n0',` \' (071-7243) Tracts 12314 and 10800 �'' ==� • !4\\4. \ Dear Steve: • IP Please find enclosed the updated final draft copy of the sewer reimbursement agreement for your offices to review. C� Upon receipt of your comments,final documents will be prepared for City l Council Actions. • Please call at 714-350-7613 if you have any questions. ,A,Tk Sincerely, 9� y COMMUNITY DEVELOPMENT DEPARTMENT . Engineering Division /`C / ,/e/j)(/-1‘,(./. et/itledP1-' .2-; 6sy,),,ee,, , „ AL., c.,.., cfr Ro ert W. Weddle, P.E. �,-f City Engineer �•� //��^� / 14.,.y, J7, €f/4i c.c1'.a( L.. RWW:s h At'. / r—do i S 1 d Enclosure v��,��� 7, cc: Redevelopment Project Coordinator (MP) ��� 45... �� �, / �''` Principal Engineer/Land Development Principal Engineer/Capital Improvements . 'Cr)l -05% ly r= ,,,,,,/ -„, <, . . . t,,,, 6' 1., , ,1.$) pApj...../,j j r• 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334.0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA 0 recycled paper OF IRE cf� v/ia'i I, ° �r � ,,<< CITY OF FONTANA o�s I`VA i' '. • RECORD OF TELEPHONE CONVERSATION 4' AL By FoI ,GC4....ti. Date /g732.- (City Employee) Subject -c.'/ey Ti-cc /Z 3/1 S 1e./-s;a/i1-4•1e-r✓' .rewe,P Individual //)1a y y i'e ?tmGlec0 Organization /ODA Phone No. 6 7 3 Items Discussed 1..e h ,e Ui4 Axi `t er,-fi,, cer ,6 A She/ ce a-rt , 76-3 47 4- Ake-fG✓.z S2u..e i ea.., .9p�ra.'lc- J5' • La csiu,s. �..� c�rd� • ,� 6.'. 6,'//P cic 4-- /ter,..) s ✓ o�-- s °'l .L 2cisocJrr-e qo Wei y ,- ..i"-- /do/ sr ,re 11.0 we A. vr,.1g 07 /- 7243 7."7' G...o' - so / t we cmcei 4,ilea, Ae. i A. .r ec.•.e✓ ,(...-o./ ,00y...4/"- re 1,.g ins y /P/,-rt 6..,-.r r--..=r_,....74!"' 72'I.:r Set-e... 14r is e ilred ems-✓ A et owya A7-hi A. r64we. /[9./41. Comments or Action Required -: 2345n. /off, k. -610 ry r. ro q ptCE9 �eV aw RedveN6r0yIn n Id.. 7/92 C /A/4i`7=e✓ OZStc��' • jkI. /mod cew CITY OF FONTANA CALIFORNIA MEMORANDUM TO: LISA N. NJULBERG, LEGAL ASSISTANT (B B & K) FROM: BOB WEDDLE, CITY ENGINEER SUBJECT: TRACT NO. 12314 SEWER EASEMENT ACQUISITION DATE: SEPTEMBER 28, 1992 Please be advised that in my professional opinion the sewer easement required by the City in order to construct the Almeria Avenue sewer through Tract 12314, is best described as a subterranean or underground easement. The easement rights language on the attached page, as modified, covers all of the uses and restrictions the City wants with respect to the sewer easement to be acquired from Presley. Attachment BW:GVO:jt a 1'} . 1,7 `G�iaAn exclusive, . permanent and perpetual easement, together with the ,ck' . 6 ? right to forever maintain, operate, improve, alter, relocate, iy, ,y irtii •reconstruct, inspect, repair, occupy and use, and otherwise install 5 4 necessary appurtenances thereto, for the construction, operation 0'GoA6 and maintenance of underground sanitary sewer line facilities as A / determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across . cantiauous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real, property in the County of San Bernardino, State of California, to wit: • See legal description and plat attached as Exhibit "A. " 74 Grantor_shal•l-bo tintitred7to`uti.lize the dasement-area`:for:parking;`' '' playground .and/or ... la ldscapinct .:purposes': Grantor shall not, wor 4 ... erect or construct, or permit to be erected or hdpi(cl°IUTAT4 constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. CV grantor:agroos""that no'`7:othor-easemont"o easements-shall'��be'granted it on -°under, • or- fiver hire,.easement° riiE The City may at any time change the location of pipelines or other s mfNY facilities within the boundaries of the easement right-of-way, or 6r AlJroX/iinodify the size of existing pipelines or other improvements as it g-Yy0,4 w /Gmay determine in its sole discretion from time to time without pt((it paying any additional compensation to Grantor, provided the City 7y4 5fa does not expand its use of the easement beyond , the easement gZf boundaries described above. . Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement, which • exist at the time this document is executed without obtaining the prior written consent of the city. • LMN132712 ZO' d L00' oN 8Z: S TO, 9Z NUf : al \ u,\(" V AGENDA ITEM CITY COUNCIL CLOSED SESSION ACTION REPORT • OCTOBER 20. 1992 Meeting Date TO: Mayor and City Council FROM: Community Development Department SUBJECT: Real Estate Negotiations for the Baseline/Almeria Sewer Project - North Fontana BACKGROUND: In June 1992, the Redevelopment Agency authorized commencement of the construction of the local sewer system (funded by the Agency) within the Highland Haven Area of North Fontana. In order for this , sewer system to be functional upon its completion, estimated around December, 1992, a sewer master trunk line on Baseline Road from Beech Avenue to Almeria Avenue and a sewer line on Almeria Avenue from Baseline Road to Walnut Street must be constructed (see attached map). Originally it was anticipated that the Presley Company would construct the Baseline and the Almeria sewer lines as part of development of their Tract 12314 in the Rancho Fontana Specific Plan. It was anticipated that Presley would construct the sewer line as it is, encompassed within the limits of their proposed Tract development and because the conditions of approval for the Tract require dedication to the City of the public easement, however, subject to improvement. Staff was advised by Presley that they have no plans to proceed with development of Tract 12314 in the foreseeable future. In anticipation that Presley was not going to move forward with their development plans, and to facilitate completion of the Highland Haven Sewer, the City budgeted funds in the 1992-93 Sewer Improvement Fund to install , both the Baseline Road and the Almeria Avenue sewer lines. Subsequently, on September 4, 1992, Presley was formally requested to grant the necessary sewer easement within Tract 12314 to the City. On September 7, 1992, Presley advised the City that they are not prepared to grant the needed sewer easement at this time. ANALYSIS AND JUSTIFICATION: In light of Presley's unwillingness to dedicate the sewer easement within Tract 12314 at this time, and in order for the City to proceed with construction of the Baseline/Almeria Sewer line and provide the necessary link to the Highland i Haven area in a timely manner, acquisition of the subject easement is required. 1' In accordance with Government Code Section 7267, in pursuing the acquisition of any easement or right-of-way for purposes of constructing, or replacing subsurface sewers, the City is not required to handle the acquisition process in the traditional manner (i .e. appraisal of property followed by a formal offer to purchase), prior to considering the adoption of a Resolution of Necessity. RECOMMENDATIONS: Staff recommends that the City Council : (1) authorize staff to obtain an appraisal of the subject easement, and (2) set a public hearing for November 17, 1992, to consider a Mitigated Negative Declaration relative to the sewer project and a .Resolution of Necessity for the acquisition of the sewer easement within Tract No. 12314. ATTACHMENT: Page 3 - Site Map • AC I Ir Y C' O M M U N I C A T I O N S C A L IFOR NI A PROM' FAXX H O. C7 1 4) 2 Mf 0 - 7 6 9 1 PLEASE DELIVER THE FOLLOWING PACES TOs N NAME. Gri 111')n_c,\/ c s • LOCATIO a �i o�tr_l FAX NUM ER* PHONE s/ Csa 4S"Co 1 t.�O ' :J FROM s Gt�'c t � i�s-. P r ...Nona.aI,P. L /.►�7ttJ O. r mac, [t�+y�/ J LOCATIOIps. �=rsy �'G�.r D,� / � ACCOUNT NO. PHONE: ,5 7 —7 G,47 Z- to TOTAL NIJWSER OF PAGES. _ DATEs t tT/z/ TIME. (Including covar .s sr ) MESSAQEiA-� p[ y^o�J17hvas vr� . S1 - �.',- J ZJ "j"� M� G, d,v 4 L L_.ffi.L -Ent, rnrn. r 1r.. - �.e� 4 ..9AD t fC•..,.-. .-t ~.r 1 c o • 'w$,11)G41 <A G o ct i R ti• -ear 'S.r.�„b,-•n. r tf-�. i s 1 O f2 R- Sia W O tw..1 cL a r, t oux.' FAX CHARDE IS - ACE (EXCLIICINO COMER SHEET) $1.60 THEREAFTER. • PLEASE MAKE CHECK PAYABLE TO C F FONTANA IN THE AMOUNT OF $ AND MAIL TO* CITY OP FONTANA. O.BOX 5185. FONTANA. CA. 92334 NINO*Rti FROM: Mh,.� Hama company / ::::. no. "r' 77 NOTE. PLEASE RETURN THIS VER SHEET WITH PAYMENT (ACC.NO.010-0216-2100) I • JAN. 111192 SKY--. • TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT * COUNT 5 *** SEND *** NO REMOTE STATION I. D. START TIME DURATION #PAGES COMMENT 1 BEST. BEST&KRIEGER 10-22-92 11 :24AM 3'06 5 TOTAL 0:03'06" 5 XEROX TELECOPIER 7021 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Not ice ice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17, 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date: October 26, 1992 Note to Press: Please publish on Wednesday, 10-28-92 in The Sun. Send proof of publication to: Fontana Redevelopment Agency Attn: Maggie Pacheco 8353 Sierra Avenue Fontana, CA 92335 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline , Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2, 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17, 1992 at 7 pm the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. • Date Received • for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM °D" DRAFT NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two 1. Both primary and secondary consequences were evaluated and it was . determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). Cii 4 =_M" CAL IF 0 R N I A - FAX CONN .UN I CA TIONS FROM FAX NUMBER : (714) 350 - 7691 T PLEASE DELIVER THE FOLLOWING PAGES TO: I ' A NAME: 6 . ?.-. / aJ' Ads s 1►�� LOCATION / PHONE: e) , A FAX NUMBER: SIKG---- J ? 3 FROM: /JO J- 5 6;)1,- ;' LOCATION / PHONE: 1� 4z2�rl at) "-Lid/Tire/if- ACCOUNT NUMBER: TOTAL NUMBER OF PAGES: ;=.2----'" DATE0,0- J/ TIME: ,cAG ?"771") (including cover shut) • IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (714) . O 'l9 �a-.B MESSAGE: (Bin 1I//l i,.76_. , i /.5s99 /6,_) r` e.derhirmen e4 c255c ,ei--,--4- ArieI• �i �/17 6 C 9t 3 3 sJ •.. VCCIVOWelb w1.. C ) • ri' .e., /ems tr:04:-..'.;irr-44.1t -. .. cc: '1A1--4 Rs / (Lt_., ,,,_,) ° 8353 S AV P.O.BOX 518 ..t.‘•-�• _ FONTANA, CALIFORNIA 92334-0518 IN �i "�� PHONE NUMBER (714) 350-7600 ie � DEC. 1990 SKY- 'ME o , ' ��wco°O n (v. eili - �fla City ty of Fontana �r-z � : CALIFORNIA ) % • A I 1 - October 28, 1992 CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO 385 N. ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 ATTN: Cindy Gilbert Dear Ms. Gilbert: Enclosed is a Notice of preparation of draft negative declaration/mitigated negative declaration. Please stamp the documents and return a copy to us in the enclosed self-addressed, stamped envelope. If you have any question, please call me at (714) 350-6739. Thank you. Sincerely, REDEVELOPMENT & HOUSING DEPARTMENT (..... e\.."..e...: Lois M. Griep, CPS Administrative Aide .. • /1g enc. • 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY— KAMLOOPS, B.C. CANADA NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing \to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of.. an Environmental Impact Report. Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM HD" DRAFT NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons . supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: , The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 . Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two • 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. • 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). ENVIROIMENTAL CHECJCLIST FORM (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue Fontana, CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? X THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION" USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" Yes Maybe No d. The destruction, covering or modification of any unique geologic or physical features? _ X DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes, in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or , any bay, inlet or lake? _ X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT.. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK". b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? - X d. Emission of hazardous air pollutants within one-fourth of a mile of a school? X e. Burning of municipal wastes, hazardous waste or refuse-derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? _ X CITY-COB.FJ Page 2 of 9 FORM "J" Yes Maybe No 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? _ X b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? X c. Alterations to the course of flow of flood waters? _ X d. Change in the amount of surface water in any water body? _ X e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or with drawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i Exposure of people or property to water re- lated hazards such as flooding or tidal waves? X j. Significant changes in the temperature, . flow or chemical content of surface thermal springs? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? _ X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ X c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? _ X CITY-COB.FJ Page 3 of 9 FORM "J" Yes Maybe No d. Reduction in acreage of any agricultural crop? —, X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers .of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species? X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? _ X d. Deterioration to existing fish or wildlife habitat? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X _ DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare? _ X 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X ' b. Substantial depletion of any non- renewable natural resource? X CITY-COB.FJ . Page 4 of 9 FORM "J" Yes Maybe No 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? X THE CONTRACTOR SHALL ADHERE TO ARTICLE. 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X _ SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? _ X c. Substantial impact upon existing transpor- tation systems? _ X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X _ DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK". SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" Yes Maybe No e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X _ DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. - 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ' ernmental services in any of the following areas: a. Fire protection? X b. Police protection? x c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? _ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: _ X a. Power or natural gas? X b. Communication systems? X CITY-COB.FJ Page 6 of 9 FORM "J" Yes Maybe No c. Water? _ X d. Sewer or septic tanks? _ X e. Storm water drainage? _ X f. Solid waste and disposal? X 17. Hu•an Health. Will the proposal result in: a. Creation of any health hazard or potential • health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X • 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially. reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten CITY-COB.FJ Page 7 of 9 FORM "J" Yes Maybe No to eliminate a plant or animal community, reduce the number or restrict the range of a rare. or endangered plant or animal or eliminate • important examples of the major periods of California history or prehistory? _ X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) X c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - X 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? X b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? X c. May this project cause significant effects on the environment that were not examined in the,prior EIR? X III. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Nays, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. CITY-COB.FJ Page 8 of 9 FORMS "J" IV. DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect, on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed ,project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project may have a significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: 01A)DeQi Ulv, I`i)Y PREPARED BY: .• ;yam �' Felipe Molinos, P.E. Principal Engineer, REVIEWED BY: R ert W. Weddle, P.E. City Engineer APPROVED BY: 4,( S ( ILc;. Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" LEGEND 466 MAJOR DETOUR N 1•11111111 LOCAL CONTROL - .T. 8 . LOCAL TRAFFIC ONLY 3 MILES - -- SASE LINE /ALMERIA SEWER PROJECT -. 1 I( r"_J. • /1 V/ C _au�r -�,1 I cu.r» .v wnew II . - ( ....a, . �f �1 i a II a I I •%1 P. _____] �` ! a"�i. II r H I G H L A D A y ,�P MIS NSW n l I U - .T... .... .. w l e 11 • III i `� ' i � 1t II two:L/, , • i 'U 1. a ,III _ '. 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MIMI 1 vwe uw lr , a ,. ,, 1 1 -,:...iiftiz___P-rrezi iiihm,!Ii: F' ], - .. : , br ..r. . iL-II]k• _ i 1 ° i w �F�1-11 -1 -l( =1I II 1 . III.---41, .II 1 e i 1... . d� 1(r...K. •.inininoDIt 7 . 3 . 15 . 2 Sewer Facilities A detailed engineering report was prepared by Albert A . Webb Associates which analyzed the infrastructure ( i .e . , sewer , water , storm drain ) needs for Rancho Fontana . That report has been appended with this Specific Plan . The following text provides a summary of the findings , conclu- sions , and recommendations of that engineering report . Existing Conditions The City of Fontana currently owns and operates the waste- water collection system within Fontana . The City has con- . tracted with the Chino Basin Municipal Water District ( CBMWO ) to treat and dispose of the effluent . Presently, there are no sewer lines connected to the property . Sewage is treated in CBMWO Regional Plant No . 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues , approximately four miles south of Rancho Fontana . Present flow to this facility is 3. 2 million gallons . per day (mgd) ; the rated capacity of the plant is 3 . 5 mgd . l The C8MW0 •has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No . 1 to treat flow from Regional Plant No . '3. The plan was to - construct the Fontana Interceptor which would carry the wastewater from Regional Plant No . 3 to Regional Plant No'. 1 and phase out Regional Plant No . 3 . However , this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6 . 2 and 10 . 2 mgd for average daily flow and ' peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No . 3 for groundwater reclamation . Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750, 000 gallons of 'Robert Schoenborn , P . E . , Public Works Director , City of Fontana ; letter dated' December 1 , 1981 . 2Rancho Fontana Engineering Report , March 1982; p . 1-4. 3lbid . VII -92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII MASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF • The total estimated project cost of S1,659,00O would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter Beech trunk line would have a peak design.capacity of approximately 8.0 MGD based on a design depth of.0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1.28 MGD, while the peak flow from the entire proposed sewered area is 8.0 MGD. The City of Fontana should contribute to the construction cost of the recommended trunk line, since 84 percent of the peak capacity. 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. Wastewater Collection System The cotlection system for the Rancho Fontana development.re quired for the ultimate wastewater effluent is shown on Plate 1-1. The • recommended collection system for Rancho Fontana is based on the recom mended trunk system Alternative D-3 and the proposed Specific Plan. The • collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total, estimated project cost for the collection system and trunk mains is $1,630,O00 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that run through the proposed project. • • • • 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) • APPENDIX D ENGINEERING REPORT PAGE 1 OF 3 TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA 'WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES") ' Unit , Size : Quantity : Unit Price . Total Sever Collector Lines 8" Dia. 21,440 LF $ 17.50 $ 375,000 Sewer Collector Lines 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sewer•Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LF 39,00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286,000 Manholes 48" Dia. 170 EA 2000.00 340.000 Total Estimated Construction Cost S1,164.000 Total Estimated Project Cost $1.630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based.on ENR-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 152; (b) Technical Services at 152; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acauisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect , on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2, 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17, 1992 at 7 pm the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "D" DRAFT NEGATIVE DECLARATION • 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2., Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. • 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other. (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this- proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows:. See Attached Sheet A copy of the Initial Study may be obtained at: • The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). NOTICE OF DETERMINATION • TO: _ Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of. San Bernardino Fontana, ,CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer imvrovements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will , xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings were were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" I% CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the project's effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L" (SD+«below for filing stamp only) Proof of Publication FONTANA REDEVELOPMENT AGENCY • "NOTICE'OF-T—' PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE STATE OF CALIFORNIA, }ss• $ DECLARATION County of San Bernardino, NEIeREBfFn-N that the o t tana has completed an Ini- tial Study of the acquisition The undersigned hereby certifies as follows: of a sewer easement on Almeria Avenue from BaI am a citizen of the United States,over the age of twenty-one years, and not a a Street the co so Walnut ofrseewer improvements on party to nor interested in the above-entitled matter; I am the principal clerk of the Baseline Avenue from printer of a newspaper,to wit, The Sun;the same was at all times herein mentioned a Beach to Almeria Avenuefrom oBaseline Avenue to newspaper of general circulation printed and published daily,including Sunday,in the Walnut Street project in Cityof San Bernardino, in the Cot of San Bernardino, State California; d accordance with the City's County ernarno, of said Guidelines implementing newspaper is so published every day of the year as and under the name of The Sun,said the Quality Environ- mental This newspaper has been adjudged a newspaper of general circulation by the Superior Initial Study was under- en for Meth of Court of the State of California,in and for the County of San Bernardino,by a judg- j•deciding wer pu r treese pro- led may have a significant ment of said Superior Court duly made, filed and entered on June 20, 1952, in the effect on the environment. On the basis of such Initial records and files of said Superior Court in that certain proceeding entitled In the Mat- Study,the City's Staff has concluded that the project ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- will not have a significant effect on the environment, culation,numbered 73084 in the records of civil proceedings in said Superior Court and has therefore pre- and byjudgment modifying the same,also made,filed and entered in said proceeding; flared a Draftare onfileNegative. j g Y g Declaration are file at En- the notice or otherprocess or document hereinafter mentioned was set, printed and City Hall,DivisionEas Annex,a l gineering and are published in type not smaller than nonpareil and was preceded with words printed in re- black face type not smaller than nonpareil describing and expressing in general terms view aComme Comments l e the purport or character of the notice intended to begiven; and the received,1992.Any y until pNerson ing19to comment on this NOTICE OF PREPARATION/NEGATIVE DECLARATION commen s s>isubmit gu o the City prior to this date. P.O. 13599 Comments of all Respon- sible Agencies are also requested. At its meeting on Tuesday November 17, 1992 at 7 p.m.,the City Council will of which the annexed is a true printed copy,was published in each edition and issue of consider the project and the Draft Negative Decla- said newspaper of general circulation,and not in any supplement thereof,on each of ration.ds tif tieeCity ct Council fl the following dates, to wit: not have a significant ef- fect on the environment,it may adopt the Negative Declaration. This means that the City Council may proceed to consider the Project without the prepa- OCTOBER 28, 1992 aa im pa cta nEvro nmen- 10/28 (73) 1486..... I certify under penalty of perjury that the foregoing is true and correct. Executed on the 28 day of OCTOBER , 19 92 • at San Bernardino, in said County and State. NO.3 0502/4/81 1 I 4 4 q , t 4 BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL.CORPORATIONS LAWYERS ARTHUR L.LITTLEWORTH• DOUGLAS 5.PHILLIPS• MATT H.MORRIS MARSHALL S.RUDOLPH 400 MISSION SQUARE GLEN E.STEPHENS• ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS 3750 UNIVERSITY AVENUE WILLIAM R.DeWOLFE• GREGORY K.WILKINSON STEVEN C.DeBAUN CYNTHIA M.GERMANO POST OFFICE BOX 1028 BARTON C.GAUT• WYNNE S.FURTH BRANT H.DVEIRIN MARY E.GILSTRAP ` RIVERSIDE,CALIFORNIA 92502 PAUL T.SELZER• DAVID L.BARON ERIC L.GARNER NGUYEN D.PHAN DALLAS HOLMES• EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. TELEPHONE(714)686-1450 CHRISTOPHER L.CARPENTER.BASIL T.CHAPMAN JULIE HAYWARD BIGGS GINEVRA C.MARUM RICHARD T.ANDERSON• TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER TELECOPIERS JOHN D.WAHLIN• VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE (714)686-3083 • 682-4612 MICHAEL D.HARRIS. DANIEL E.OLIVIER JANICE L.WEIS CHRISTINE L.RICHARDSON W.CURT EALY• DANIEL J.MCHUGH SHARYL WALKER JOANE GARCIA-COLSON THOMAS S.SLOVAK• HOWARD B.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER JOHN E.BROWN• STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL' MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD MEREDITH A.JURY. JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES DURNEY OF COUNSEL MICHAEL GRANT• MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE JAMES B.CORISON FRANCIS J.BAUM• J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY I.ANDERSON ANNE T.THOMAS• VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHERY• JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN,SR. DINA O.HARRIS WILLIAM W.FLOYD,JR. JACK B.CLARKE,JR. KENNETH R.WEISS MICHAEL A.CRISTE• BRIAN M.LEWIS SUSAN C.NAUSS GREGORY L.HARDKE JEANNETTE A.PETERSON CHRISTOPHER DODSON ' OFFICES IN KENDALL H.MaeVEY BRADLEY E.NEUFELD BERNIE L.WILLIAMSON PALM SPRINGS(619)325.7264 CLARK I-I ALSOP• KANDY LEE ALLEN ELAINE E.HILL RAYMOND BEST(1868-1957) RANCHO MIRAGE(619)568-2611 DAVID J.ERWIN• ELISE K.TRAYNUM KEVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) MICHAEL J.ANOELSON• WILLIAM D.DAHLING,JR. JAMES B.GILPIN EUGENE BEST(1893-1981) ONTARIO(714)989-8584 •A PRO[ESCiONAL CORPORATION • October 27, 1992 z. RECEIV HAND DELIVERY E� . OCT 27 1992 h MY CLERK'S MICE i` Ms. Debbie Tucker s4. - ' Assistant City Clerk , CITY OF FONTANA IV 47 8353 Sierra Avenue Fontana, California 92335 Re: Baseline/Almeria Sewer Project N. Dear Debbie: , , - • Enclosed is a confidential memorandum to the City Council regarding the hearing to consider the adoption of a Resolution of Necessity to acquire an easement for construction of underground sanitary sewer line facilities for the Baseline/Almeria Sewer Project; which is scheduled for November 17, 1992. This memorandum is confidential and protected by the attorney-client privilege, and should be distributed only to the Mayor, members of the City Council and the City Manager. Also enclosed is the original Notice of Hearing to Property Owners. It will be necessary for the.City Clerk to note for the record at the hearing the proof of mailing of the Notice of Hearing. • Please notify us if your office receives any requests to be heard from the property owners. LMH137475 h LAW OFFICES OF BEST, BEST & KRIEGER Debbie Tucker Assistant City Clerk October 27, 1992 Page 2 If you have any questions regarding this matter, please do not hesitate to call. Ve , truly yours, . Lisa M. Hju Leg41 Assis . BEST, BEST & KRIEGER Enclosures cc: Jay M. Corey, City Manager Greg Hulsizer, Director of.Community Development Clark H. Alsop, Esq. LMH137475 i LAW OFFICES OF BEST, BEST & KRIEGER October 27, 1992 CONFIDENTIAL NOT FOR PUBLIC DISCLOSURE ATTORNEY CLIENT!PRIVILEGE MEMORANDUM TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: CITY ATTORNEY RE: HEARING ON PROPOSED RESOLUTION OF NECESSITY - ACQUISITION OF EASEMENT FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT, NORTH FONTANA) The City of Fontana is considering the adoption of a resolution of necessity for the initiation of condemnation proceedings to acquire an easement in real property needed for construction of underground sanitary sewer line facilities along Baseline Road from Beech Avenue to Almeria Avenue and along Almeria Avenue from Baseline Road to Walnut Street to provide the necessary link to the Highland Haven sewer. The hearing is set for Tuesday, November 17, 1992 , and a notice for this hearing has been sent. If a written request to appear at the hearing is made, then the record owners of the property from which the easement is to be acquired, or their representatives, must be allowed to speak. No one other than someone who has an interest in the property is legally entitled to speak at the hearing. The only issues that the hearing are to address are: LMH137424 i LAW OFFICES OF BEST, BEST & KRIEGER (a) Whether the public interest and necessity require the proposed project; (b) Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) Whether the easement described in the resolution is necessary for the proposed project; and (d) Whether the required offer to purchase the easement was made. ' At the hearing, a representative of the City should make a presentation giving the basis for acquiring the easement and explaining the project. Each of the findings listed above should be addressed in the report. Another staff person, preferably the City Clerk, should also note for the record the proof of mailing of the notice of the hearing. In the course of the public hearing no members of the City Council should suggest that they have prejudged the issue as to whether condemnation proceedings should be initiated. The purpose of the hearing is to review that question ` and should be conducted in a way that provides a full and fair hearing for the involved property owners. We recommend that the City Council limit . public comment to those persons, who have an interest in the property. This is advisable because the purpose of the hearing is to give the property owners the opportunity to present their posi- t An offer was not made, nor was one required, since the easement is for underground sanitary sewer lines. The nature of the easement relieves the City of the requirement to comply with the offer provisions of the Government Code. LMH137424 —2— LAW OFFICES OF BEST, BEST & KRIEGER • tion as to whether or not condemnation should be initiated. Any presentation by those who do not have an interest in the property may "dilute" the presentations and expressed wishes of the property owners. Nevertheless, it is a matter of discretion to allow such persons to speak. If no one wishes to speak, the City Council may proceed after hearing the staff report. After everyone has made their presentation, a vote should be taken as to whether to adopt the resolution. (It is not recommended that the City Council go into closed session to consider how to vote on the resolution. ) The resolution will only be adopted if two-thirds of the City Council vote to adopt it. That means that at least four members of the City Council must vote in favor of the resolution for it to be adopted. You should make certain that a sufficient number will be at the hearing to adopt the resolution. If there will not be a sufficient number, you may wish to continue the hearing. If. the resolution is adopted, counsel will initiate condemnation proceedings, and, if so instructed, will attempt to obtain an order for immediate possession. Legally, the City does not need to immediately file a condemnation lawsuit, but in any event should file the lawsuit within six months after the adoption of the resolution in order to avoid exposure to a suit in inverse condemnation. If the City instructs us to obtain an order for possession, then a deposit based upon the appraised value of the easement will have to be made with the court. The deposit will "freeze" the date of value. LMH137424 -3- LAW OFFICES OF BEST, BEST & KRIEGER Attached to this memorandum is a proposed agenda for conducting the hearing. This is simply a guide for the presiding officer at the hearing to know what steps to follow in the course of the hearing. Attached to the staff report is the proposed resolution of necessity authorizing condemnation. The original notice of hearing to property owners with proof of mailing is on file with the City Clerk's office. Kendall H. MacVey Enclosures • LMH137424 _4_ f • AGENDA FOR HEARING ON EASEMENT IN REAL PROPERTY TO BE POSSIBLY ACQUIRED BY EMINENT DOMAIN FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT City of Fontana 1. PRESIDING OFFICER OPENS HEARING. 2 . PRESIDING OFFICER CALLS UPON THE CITY CLERK FOR PROOF OF MAILING OF NOTICE OF HEARING. 3 . PRESIDING OFFICER CALLS UPON STAFF FOR A REPORT REGARDING THE EASEMENT TO BE POSSIBLY ACQUIRED AS RELATING TO THE CITY'S PURPOSES. 4 . PRESIDING OFFICER CALLS FOR THE CITY CLERK TO NOTE ALL WRITTEN OBJECTIONS, PROTESTS, AND REQUESTS TO BE HEARD, WHICH HAVE BEEN FILED, RECEIVED, READ AND CONSIDERED. 5 . PRESIDING OFFICER CALLS UPON ALL PERSONS WITH AN INTEREST IN THE PROPERTY WHO WISH TO BE HEARD. 6. PRESIDING OFFICER CLOSES HEARING. 7 . IF THE CITY COUNCIL WISHES TO PROCEED, THE CITY COUNCIL ADOPTS THE RESOLUTION. 11 , NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, November 17, 1992, at 7: 00 p.m. , at 8353 Sierra Avenue, Fontana, California, the City Council of the City of Fontana intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition for public use of an easement interest in certain real property which, according to the last equalized county assessment roll, is owned by you. The public use for which this interest is to be acquired is construction of underground sanitary sewer line facilities. The easement rights, legal description and plat of the easement to be acquired are attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above and you have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which an easement interest in your property is sought to be acquired. • 2 . Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3 Whether your property is necessary for the proposed project. LMH137451 u Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: City Clerk City of Fontana 8353 Sierra Avenue Fontana, CA 92335 DATE OF HEARING: Tuesday, November 17, 1992 7: 00 p.m. PLACE OF HEARING: 8353 Sierra Avenue Fontana, California DATED: October 27, 1992 BEST, BEST & KRIEGER By: Kendall H. MacVey Attorneys for City of Fontana LMH137451 -2- An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional . compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. LMH132712 LEGAL DESCRIPTION EXHIBIT "A" PARCEL 1 : THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64 .00 FEET WIDE, THE CENTERLINE. OF SAID STRIP BEING DESCRIBED AS FOLLOWS: , BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04 '58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39' AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'I9" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59'40" AN ARC DISTANCE OF 117. 74 FEET; TANGENT TO SAID CURVE, NORTH 0 05 '59' WEST 691 .87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45 '49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34 '10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OP SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'IO" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OP SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00" WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. •( PREPARED UNDER THE SUPERVISION OF, PREPARED IN THE OFFICE OF l04 S1 SEE SHEET 6 MADOLE AND ASSOCIATES, INC. ?IAADO. CE.14614 DATE i CONSULTING CIVIL ENGINEERS i ANC) LAND KANNERS 1 1120 GM Strw1 ,'Off SSiO % SANTA ANA.CALIFORNIA f1701 /,.,,r 000R 4,_ \ fly, t�110Nt 714•S7i M 7i i . = IN.SqU IAA I 10 Ciro NO e • it.7ea.00• il: L.•//7.74' (fc... 1"4 C .. ,e•760co' 7%ere.63' lip IIII PARCEL 1 3 2 w SE 1/4 SEC. 36, rat' a TIN I R 6WI S.B.M. ,` a W X Q sAt cuatvQ 00C.46, T.W.,QGso/ ) I 0.9..PARCEL 1 o✓e9'ss�7 �er�' • is BASELINE AVENUE - c.ALMERIA AVE.(S)- 4r, EXHIBIT 'A' A►/h� _• Mewl No. CITY OF FONTANA. CALIFORNIA .14_ DEEDPLAT News Sys PREPARED IN THE OFFICE OF ,,;o e,,i.---- MADOLE AND ASSOCIATES,INC. PARCEL 3 N��'�'c CONSULTING CIVIL ENGINEERS ��a . AND LAND PLANNERS TRUE PO.8. P RCE1,3 .. 1$20 E.llth StrNI D. �j SANTA ANA.CALIFORNIA$2701 So,S CO � / u/ - 'fit 4• PHONE 714•/a•2sN • 45.06 , I (q. WALNUT STREET NO'Of v V' ;1 POINT. .PARCEL 3 i PARCEL 2 I rc / ALMERIA , lAVE.(N) I - L... __. _ 1 _.. __ _ , d•1D•/s%'t• •rroSi' NArte/ev/ 12314 /3-10 so. .1L‘4 4:0*.e...../7' 4,..:;:r.o.,• POINT'B d•l►✓vslie ' 1(4POINIT'Ai .t•Aroco' POS. PARCEL 2 L •/At1- ' T• y3.sr SEC. 3 NA R6W 1.6 S • E 1l• a • T % S' S PARCEL 1 - --...,rr`....... -- ALMERIA AVE. (N) 13 EXHIBIT 'A' • SEE SHEET S Aow.•«1 Ps No. CITY OF FONTANA. CALIFORNIA DEED PLAT Draws Ilis I , PROOF OF MAILING NOTICE I , Lisa M. Hjulberg, acting on behalf of the City Clerk of the City of Fontana, hereby certify that on October 27, 1992, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Tract No. 12314 : Presley of Southern California P.O. Box 19672 Irvine, CA 92713 courtesy copy to: Mr. Steven Jones Project Manager Presley of Southern California 19 Corporate Plaza Newport Beach, CA 92660 Dated: October 27, 1992 eV ' Lisa . Hjulb= • LMH137451 4, r .. BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L.LITTLEWORTH• DOUGLAS S.PHILLIPS• MATT H.MORRIS MARSHALL S.RUDOLPH 400 MISSION SQUARE GLEN E.STEPHENS• ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS 3750 UNIVERSITY AVENUE WILLIAM R.DeWOLFE• GREGORY K.WILKINSON STEVEN C.DeBAUN CYNTHIA M.GERMANO POST OFFICE BOX 1028 BARTON C.GAUT• WYNNE S.FURTH BRANT H.DVEIRIN MARY E.GILSTRAP RIVERSIDE,CALIFORNIA 92502 PAUL T.SELZER• DAVID L.BARON ERIC L.GARNER NGUYEN D.PHAN DALLAS HOLMES" EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. TELEPHONE(714)686-1450 CHRISTOPHER L.CARPENTER'BASIL T.CHAPMAN JULIE HAYWARD BIGGS GINEVRA C.MARUM RICHARO T.ANDERSON• TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER TELECOPIERS JOHN D.WAHLIN• VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE (714)686-3083 • 682-4612 MICHAEL O.HARRIS• DANIEL E.OLIVIER JANICE L.WEIS CHRISTINE L.RICHARDSON W.CURT EALY• DANIEL J.McHUGH SHARYL WALKER JOANE GARCIA-COLSON THOMAS S.SLOVAK• HOWARD B.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER JOHN E.BROWN• STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL" MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD MEREDITH A.JURY. JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES DURNEY OF COUNSEL MICHAEL GRANT• MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE JAMES B.CORISON FRANCIS J.BAUM• J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY I.ANDERSON ANNE T.THOMAS• VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHER'''. JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN,SR. DINA O.HARRIS WILLIAM W.FLOYD.JR. JACK B.CLARKE,JR. KENNETH R.WEISS MICHAEL A.CRISTE• BRIAN M.LEWIS SUSAN C.NAUSS GREGORY L.HARDKE JEANNETTE A.PETERSON CHRISTOPHER 00DSON OFFICES IN KENDALL H.MacVEY BRADLEY E.NEUFELD BERNIE L.WILLIAMSON PALM SPRINGS(619)325-7264 CLARK H.ALSO!". KANDY LEE ALLEN ELAINE E.HILL RAYMOND BEST(1868-1957) RANCHO MIRAGE(619)568-2611 DAVID J.ERWIN• ELISE K.TRAYNUM KEVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) MICHAEL J.ANDELSON• WILLIAM D.DAHLING,JR. JAMES B.GILPIN EUGENE BEST(1893-1981) ONTARIO(714)989-8584 •A PROFESSIONAL CORPORATION October 27, 1992 HAND DELIVERY Maggie Pacheco Redevelopment Project Coordinator CITY OF FONTANA 8353 Sierra Avenue Fontana, California 92335 Re: Baseline/Almeria Sewer Project Dear Maggie: In connection with the hearing to consider the adoption of a resolution of necessity to acquire an easement from property owned by Presley of Southern California, enclosed are the following: (1) proposed Resolution of Necessity; and (2) copy of Notice of Hearing to Property Owners (the original is on file with the City Clerk's office). LMH137399 ' LAW OFFICES OF BEST, BEST & KRIEGER Maggie Pacheco Redevelopment Project Coordinator October 27, 1992 Page 2 If you have any questions, please do not hesitate to call. Ve truly yours, • grit I/i Lisa M. Hj erg Le:•I Assis . t BEST, BEST & KRIEGER Enclosure cc: Jay M. Corey, City Manager Greg Hulsizer, Director of Community Development Clark Alsop, Esq. LMH137399 ThE of ci MP T�. y/iti� :',o FONTANA ��,�A. _.;;:� CITY OF\ikw I , -loi RECORD OF TELEPHONE CONVERSATION tigl�*� p4 rrn1 kNft ~' ' T)1 \sJirs, 0 By . h X�rd 'Z Date /0/Z4'5'2:>"'\` (City Employee) ! % `�' Subject G ��.--.-�. Individual //47/ c6.. /(47 7 Organization Gle/k 1 C Phone No. 77a✓ [-y// F. d-L- ,: 1��F 9e.Le a, - res6,2c,, ,. 673, Items Discussed ./: 2.5— P� h H da. s-4 DivPsr '2' .7`` c.-o fE �... 4'- ,'r 04 fie. ____ — c a- ' iJ/4(fie 6.. /•r P 4 r d !/ 3v 5 42-,..,_ s/--e- fi..ii•// 9 __ T ✓p f✓ /T G-r+ % ,'r i J S v-2_ 7-,o1a - 1e` c/v %/d 4. .fr"'Q75.r e / A 4.rt,P q A ./4° 4 , /lea--=�-�- '—• , 3, 4 /-T`-e--- r ,r, I /d-/►• " .7 Comments or Action Required De. , A 9 ,'e. `"'`- ,i2-c2' /4/7a_t7xe ‘,,E, -4-( ,-, it. lir,--e- Deils-e '1 .5: 4 t t �n� 5 0.<e) /�-�� / 7` /�r ///V C..._, r/ ✓s• .r cr..r..r fr 1 ' /I `-kiay9,.. re ca/( 4 De4ra d3,,y ,., l.. ?e--r- Ih•�z y.Q.,-, v-A Ste- Pie/4,4_ is b.- A/.e„-i Ls41.12-s r Id.. 7/92 ` C -rie ' �g-/� // frt. ?AG!-ocv i F A X C I T Y O COMMUNICATIONS C I► L 1 F O R NIA FROM FAX NO. [7 1 4] 3 5 0 - 7 6 9 1 Q PLEASE D EL• I R THE FOLLOWING PAQES,,pTO: NNAME: ` .!/.Lr+.✓ �c%P f1 7/ - (., C/!e/�_ ^LOCATION: /[r ,55-G dT�i NT FAX NUMBER: 6O*?--` 0. -= PHONE: A FROM: -)-;"! -r..! ��-- -•?--'-� h LOCATIONS .3 - - G 7 3 9 - ACCOUNT NO. PHON s A TOTAL NUMBER OF PAGES: >) DATE: '�\\\ TINE: 1�.I� (including cover e ) MESSAGE: CC: FAX CHARGE IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.80 THEREAFTER. PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF $ ANO MAIL TOs CITY OF FOITANA• P.O.BOX 51R. FONTANA, CA. 92334 w>H4A��1� FROM: name company / firm .:::;--, _ kv.. .iM \ address phone no. NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT �►SI '3Pop � (ACC.NO.O 10-0316-2100) JAN. 1992 SKY-- . TRANSMISSION REPORT 4 THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT * COUNT # fi *** SEND *** NO REMOTE STATION I. D. START TIME DURATION #PAGES COMMENT 1 BESTIBEST&KRIEGER 11-11-92 1 :03PM 3'32" 6 TOTAL 0:03'32" 6 XEROX TELECOPIER 7021 (PHONE CALL) I'" - ' '-!D TIMF ®r A. M ,GL/ • ✓ PHONED I OF p </D 020 ` // RETURNED PHONE x` dtG � YOUR CALL AREA COO NU BER E f EN I SE CALL 4E S S E A�^ WILL CALL ACM fi � CAME TO ` ,,, SEE YOU �/ WANTS TO SEE YOU SIG TOPS 4 FORM 40031 NOTES ..r. J� rIvi01 , �! '. HOME CALL) FOR TIME'.' P.M 1 M )I �/0/9Z. ( ' Ys' O F / PHONED PHONE 7I' Y & 190 OURCALDL A EA CODE NUMBER EXTENSION PLEASE CALL MESSAGE (�, ev,,m 1 t etlik I. _ ) CAM E1U o d // i SYou, • /eai- (5 ! t `'SIGNED r 03 .... v... 6‘.11 t.11qt,.... I , .... ssff ext _ I ii,t,u 1 . fs•� - . ilia... . HONE CALLD FOR dif!ng TIME�� P.M M 9 /0 9Z (ftY �,r(� X .PHONED OF 11 /it Rt.JRNED PHONE el` ' So a�RGAtL. A EA CODE .. NUMBER EXTENSION PLEASE CALL MESSAGE " Vi t/ • ctc I,t///Ext , 1, ��..f" �♦�r SEZ YOU fAtm- laa SIGNED •�F T.• ' -.. o� ^oa 0)10,91.1, 14:"---- f . t,-.) t Si . IV ''' " le)t1 ' b f i -1 ? . I w (WHILE Y'OU;WERE OUT FOR �iaRSte-. DATE t I-11 TIME l'D, D YL'3l PHONED OF .. 11�4--.640- 6(QD, . ,• . RETURNED PHONE -YRCALL AREA CODE NUMBER EXTENSION Y ` MESSAGE i� PLEASE CALL ''``�� ,\ :WILL CALL W VA . 'C t LVtiN 2 ; 1•C Lcb 4 ,l:A AGAIN i C TO Ca1� h•: cke... �-h s oG U WANTS TO CODcnw, ► 111L.S SEE YOU -- `SIGNED TOPS FORM400B,,, � _ . �( o l,vl , ' `ORNE.CALL) FOR E 6r TIME FOr OF_ - 4' � � RCA PHONE AREA COO N BER XTENSION r M SSAGE %�_ ,n L/j a1 �1'�(1 Q' W- h lyli L. I LL [/{' L] �Gv ()11/ it�f tl CAMET0 i/"_ _`- Sy5EE YOU�9 WANTS TO ' SEE YOU `SIGNED .) ( TOPS e FORM 4003� J • HONE L` L FOR DATE TIME I fit/ M irdih 4 PHONED O F !�' 4 rjr/� RETURNED PHONE `�T/�/V/ �(/ YOU ALL AREA L DE NUMSE �+ EXTENSION ASE CALL MESSAGE Lvl ` -V 44,e_..7; /Li , / WILL CALL O C� e •1. r,/,.. r ' L AGA{N r / CAME TO r� '::SEE YOU ca�s�G �l' rt, � ��L WANTS TO kot.Le ellts�•otwAd . SEE YOU III SIGNED•= TOPS V FORM 4003 NOTES . �: NOV 199 City of Fonta - E, F20 c% r . :� ►~` CALIF O R N J A`�i P• )Ti9f� A', l • I, �C;AV November 16, 1992 y i//6/9 2. Mr. Steven C. Jones Gres, Project Manager �� i The Presley Companies Ion es 19 Corporate Plaza ! �� -� Newport Beach, CA 92660 7d^'e . A ovie �f,r .� y - Ov✓ RE: Tract No. 12314 - Storm Drain Reimbursement t / �, Dear Steve: 51 y This is to follow up on the master plan of drainage information requested in your November 12, 1992 letter to David Martinez, Building 6 ',Die#1. and Safety/Planning Manager of the City of Fontana (copy enclosed). Pursuant to our many previous meetings and discussions on this topic, the storm drain line as your firm was directed to design in Almeria Avenue by City staff qualifies as a master planned drainage facility due to its size and tributary drainage area. The suggested reimbursement agreement will be developed at such time as your project moves towards a construction mode. Should you have any questions, please call at (909) 350-7613. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Robert W. Weddle, P.E. City Engineer RWW:sh Enclosure cc: Community Development Director Building & Safety/Planning Manager Redevelopment Agency Project Coordinator (MP) Principal Engineer/Land Development Principal Engineer/Capital Improvements • 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA „ SENT 8Y: Olivetti FX 2100. ;11-12-9,2 ' 4: '4PM ; 7148 01843-► 3508818;#1 1 . 1 .. . • .. . . . . - Iii D ' 41gr7/. ;.- ' ' i . • tee777.7.7, / ” .. .. • 1 SOUTHERN CALIFO Post-It"brand fes transmittal memo MI Cal Pam.► .pi- ' • November 12, . ii.. 00 Mr. David J. Martinez . Building and safety/Planning flag ' I . City of Fontana 13353 Sierra Avenue _ i P. O. Box 518 • . Fontana Ca. 92334-0618 l N ' :.;1I-,,NE:t r.1'city, request for¢rent qi;,;Sewer EaseEei # [� �.,t • • �'�c'::;; 7 . • within Tract No."12314 :i.: Dear •Dave i • *� • • we were very pleas • ed to"receive.,yci —getter of oetbber 30, 1992, , telling us that i the Planning;,Commip6ion had deterisined that the . detention basin would be brought 'bafO s it only •�for ' aesthetic ' • . consideration. We understand..,_this• to: mean tha the Planning Commission will not concern itself with such engine g � .slo ratios eta., so 3on9 �..,, , location, use, sire,F;:�.e ..tt.hh,;,'cdAzoitY� Pe � as the detention basin is in compliance with, lee:plans»a?tpp ved I „.... t1�e.�9it .�En inter on April 16, 1992 '} i ;`�' �;c. �, .._... We would appreciate it if you :oouldi confirett,;; ins,aritinq, that our L'Ib ,..• understanding is correct. - YY 1, '•`,. J t,;0} ,, Finally, Presley is prepared to provide ther...City , . . , •te1 seater _ . .:.a . easement that,.•tt;#as...requested in Almeria Avenue as soon as each of • the" o1Yowi;nc '.has. , en place: . .. ` ' ;The City,-,,has confirmed our understanding of what will not be . ' at.issue when the Planning Commission design reviews the �. ` fdetention basin>< • • ,2. .,a The City,,and Presley have signed the:Master Plan Sewer System eimbure.ement saeeement.- This-agreement''has been through two. ,,. Tdrafts and"is' currently.being fi,naiiied. 11. . -:3:.�. . .1-'bi. •city and Presley have signed the Detentioh Basin • ReimburSeaent. agreement. This agreement is i %,;dreft.,,form:and :' i w is currently being• reviewed by our legal: o91.117}el. W{ • • _ C � ^ . •;': 19 Corporate Plaza,Newport Beach,California 93660•(114)640.6400 FAX(714)M0.164i :, '' . • Poet Office Box 6110,Newport Beach,California 92658.6110 ._... • A SENT BY: Olivetti FX 2100 ;11=12-92 ; 4:25PN ; 404116 -4 3500610;# 2 i Page 2. I , David Martinez i ,1 November 12, 1992 .I 4. The City 8ngineer has confirmed in writing, that the storm drain line to be installed within Tract 12314 wall be a. Master Plan storm Drain subject to some reimbursement. The 1 1 details of a reimbursement agreement can be worked out at a . later date. , . i..._. . As you know, we have come a long way and it now looks li.1e we have resolved all of the issues before us. It i only a *atter of documenting our agreements. However, the city�has filed a Notices of Hearing for November 17, 1992 for the commencement of eminent domain proceedings. It has always been our intention to provide City witlr=the .. easement once the now resolved issues were address#'. It would be sE N:f r nA i rtUn�a , at 1 DF?-44.4 AI*money to �-Mt,..Cirdevote bath-4-1'8;:#1 2 our legal courts, s in such an action. We look forward to hearing from you regarding the above and to finalising our egrasments. sincerely, v' •` it a Steven 1 ones project - agement..,„ ,, - . .. .. ..:•:. rr:��t , . , cc: 1i. J{a�yy Corey- ♦ ' . ; City Hamel et �4'4 J r . // 1 ,.. 11.r 1 S ...1.1 . Mr.' Qregi:Hulsiser . 1 t ;fycommuni.ty,.:Develop,Ment Director, _ .., ., 1, it Magiip Pacheco ' ' R4asvolo�nt Prot jeot coordinator: ) . . - , ';��. ...Robert Meddle h: city.Engineer ' ,„ .' Kennsth:'fr..:•Blay• I: �F�� ' 1 1f�X Castle_& Nichol8on .. , . , ?fr. Kendall H. MacVey. • 1. , _pest,. Best .4 xriegsr _ . .... , - .. . . • Nancy Harlan, Esq. .' The Presley Companies► ; . . E . , .. v .' - 3 J . 01-/-9 Viv. i ' ppjjjy 11 {fit rJ/!1r' d. Cr SOUTHERN CALIFORNIA DIVISION f '' N�V 199 I' November 12, 1992 ^(421/01 “ ,,1 r Mr. David J. Martinez Building and Safety/Planning Manager City of Fontana 8353 Sierra Avenue P. O. Box 518 Fontana, Ca. 92334-0618 RE: City request for Grant of Sewer Easements within Tract No. 12314 Dear Dave: We were very pleased to receive your letter of October 30, 1992, telling us that the Planning Commission had determined that the detention basin would be brought before„ it only for aesthetic consideration. We understand this to mean that the Planning Commission will not concern itself with such engineering issues as location, use, size, depth, capacity, slope ratios, etc. , so long as the detention basin is in compliance with the plans approved by the City Engineer on April 16, 1992. We would appreciate it if you would confirm, in writing, that our understanding is correct. Finally, Presley is prepared to provide the City with the sewer easement that it has requested in Almeria Avenue as soon as each of the following has taken place: 1. The City has confirmed our understanding of what will not be at issue when the Planning Commission design reviews the detention basin; 2. The City and Presley have signed the Master Plan Sewer System reimbursement agreement. This agreement has been through two drafts and is currently being finalized. .3. The City and Presley have signed the Detention Basin Reimbursement agreement. This agreement is in draft form and is currently being reviewed by our legal counsel. . 19 Corporate Plaza, Newport Beach, California 92660• (714) 640-6400 FAX (714)640-1643 Post Office Box 6110, Newport Beach, California 92658-6110 i , , r Page 2. David Martinez November 12, 1992 4. The City Engineer has confirmed, in writing, that the storm drain line to be installed within Tract 12314 shall be a Master Plan Storm Drain subject to some reimbursement. The details of a reimbursement agreement can be worked out at a later date. As you know, we have come a long way and it now looks like we have resolved all of the issues before us. It is only a matter of documenting our agreements. However, the City has filed a Notice of Hearing for. November 17, 1992 for the commencement of eminent domain proceedings. It has always been our intention to provide the City with the easement once the now resolved issues were addressed. It would be an unfortunate waste of time and money to have to devote both of our legal counsels in such an action. We look forward to hearing from you regarding the above and to finalizing our agreements. Sincerely, Steven . Jones Project anagement cc: Mr. Jay Corey City Manager. Mr. Greg Hulsizer Community Development Director Ms. Maggie Pacheco Redevelopment Project Coordinator Mr. Robert Weddle City Engineer Mr. Kenneth B. Bley Cox, Castle & Nicholson Mr. Kendall H. MacVey Best, Best & Krieger Nancy Harlan, Esq. The Presley Companies Mac ^r .,p • ei '• -r" City of Fonta • . - - 7 r;;,� • C A L I F O R N r,�A^ �r:...... �� . 11 0 "41.. I •••: CP) (1 October 30, 1992 `k;4 Re d` ,A Mrs. Stephen Jones Presley of Southern California 17991 Mitchell South - Irvine, CA 92714 Re: Proposed Detention Basin to Serve Tract #12314 Dear Mr. Jones: At the City of Fontana Planning Commission meeting held on October 26, 1992, the Planning Commission by a vote of 6-0 affirmed that- the detention basin proposed for Tract 12314 is a permitted use as per the Specific Plan and will not be an issue at a later date. The Commission requested that when the design review on Tract #12314 is brought before the Planning Commission that the detention basin be included only for aesthetic consideration. ' The action of the Planning Commission shall not be final for a period of ten (10) days following the approval hearing to allow the filing of appeals with the City Clerk of the City of Fontana. • If you have any questions regarding this action, please contact me at (714) 350-7641. Sincerely yours, COMMUNITY DEVEL' MENT DEPARTME PLANNING DIV • ''N David . artin Buildi • : & S ety/Planning Manager DJM/dm .jh cc: Building & Safety Division Business License Code Enforcement Current Planning Engineering (R. Cota) • File Landscape Development Transportation Planning 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA.CALIFORNIA 92334.0518 • (714)350.7600 SISTER CITY— KAMLOOPS, B.C. CANADA e MINUTES OF THE CITY OF.FONTANA PLANNING COMMISSION REGULAR MEETING OCTOBER 26, 1992 PLANNING MANAGER REPORT: 1. Proposed Detention Basin to serve Tract 12314 and surrounding properties in North Fontana (Continued from 10-12-92): Mr. Martinez stated Tract 12314 which is owned by Presley of Southern California and recorded on December 10, 1990 is a 259 lot single family residential subdivision located within the Rancho Fontana Specific Plan. Mr. Martinez stated for purposes of interim storm drainage control , the subdivision is to be served by a detention basin on an adjoining parcel . He stated Condition of Approval #8 of Tract 12314 required that the design of the detention basin be reviewed and approved by the City Engineer and the Community Development Director. Mr. Martinez stated the Rancho Fontana Specific Plan permits the use of detention basins for interim flood control purposes. He also noted the City Attorney has determined that the use of a detention basin is consistent with the Rancho Fontana Specific Plan and, therefore, is also consistent with the General Plan. Mr. Martinez stated on' June 2-, 1992•the Redevelopment Agency authorized the construction of sewer and storm drainage improvements in the Highland/Haven area of the North Fontana Redevelopment Project Area. In order to construct the sewer line, he stated the City is attempting to acquire right-of-way to connect the future sewer line with existing sewer facilities. Mr. Martinez stated the Engineering Division has recommended that the sewer lines be constructed in alignment with the right-of-way to be dedicated for street improvements which would, in part, serve the residents within Tract 12314. In order to construct the sewer line, Mr. Martinez stated the City has requested that Presley offer to publicly dedicate streets within Tract 12314. Mr. Martinez stated Presley of Southern California is concerned with the City's request for street dedication within Tract 12314 because Presley does not have an approved design review for the homes to be built on the 259 lots within Tract 12314 nor the approval for the detention basin. Mr. Martinez stated Presley does not intend to construct -the residences within the near future and has no immediate plans to apply for design review of the residences due to the expense and the two year approval limitation for design reviews. Mr. Martinez stated staff is seeking guidance as to whether the detention basin will be an issue requiring review and 'approval by the Planning Commission or if the Commission supports the original condition adopted on January 22, 1990, by the Planning Commission, which states that the detention basin, "shall be subject to design review and approval by the City Engineer, the Community Development Director or their designated representatives". e t. ' Commissioner Clark stated if he understands this correctly, if the water run is tentatively laid out then the homes would be designed according to the water run. Mr. Martinez stated yes, that is correct. He stated during the tract map process and grading plan process they will design the way they wish to drain these parcels individually and as a tract. Commissioner Clark then questioned what should come first, designating the required right-of-way with or without the detention basins or the tract designed and the basins worked around them. Mr. Martinez stated the drainage basin is a specific part of the drainage plan and should be, as well as the individual lots and the overall subdivision, therefore he stated it should be designed concurrently. Commissioner Potts was under the impression that the detention basin is approved at the time of the tract approval drawings. Mr. Martinez stated this was part of the drawings, however he stated the issue is that the design review still has to come before the Commission for hearing. Commissioner Potts noted as part of the design review the Commission normally looks at the basin in relation to the homes. He questioned why this would not be the case for this particular project. Mr. Martinez stated this is anticipated by staff. Commissioner Mesa stated he was not sure of staff's question. According to the staff report, he noted staff was asking if the Commission was in favor of allowing the basin to be approved by the City Engineer and Community Development Director and not being required to come before the Commission. Mr. Martinez indicated this was the specific question. Commissioner Mesa stated he was in favor of having the •detention basin reviewed with the design review by the Planning Commission. Commissioner Roberts questioned if this was an engineering or aesthetic change. In response, Richard Cota, Engineering stated the installation of the basin is governed by the location of the tract. In other words, he stated it is going to take waters from everything above it so generally he stated you will find your basin at the lowest receiving point and in conjunction with other circulation elements. Aesthetically he stated this is a design criteria. Chairman Dattilo expressed concern with overlapping responsibilities since as stated by Mr. Cota the basin will be located in a specific area as determined by the geographic grade of the land. Commissioner Roberts stated he understands it will be in a general geographic location, however he stated his suggestion for it coming before the Planning Commission for review would be to address if it is a single purpose use or if it would include a recreational use. Commissioner Potts agreed, noting sometimes things that get approved are sometimes changed (ie. Smith's Foods). He stated it would not hurt for the Planning Commission to look at this in relationship to the entire project. The City Attorney stated what the developer is looking for is an affirmation that the detention basin is permitted in a Specific Plan area where the detention basin is included so that when it comes back before the Planning Commission this is not an issue. She suggested this be included in the motion. Motion was made by Commissioner Mesa, seconded by Commissioner Potts that when the design review on Tract #12314 is brought before the Planning Commission that the detention basin be included. And affirming that the detention basin is permitted in the Specific Plan and should not be an issue. Motion carried by a vote of 6-0. • • • • . c 4 . • . . FAX CITY Q CAL IFOR NIA COMMUNICATIONS FROM FAX ,NO. [714] 350 - 769. 11::/ PLEASE DELIVER THE FOLLOWING PAGES TO: N NAME: Pzece, Ph_e4/64-ye LOCATION: 4� (-n - �° 760 T FAX NUMBER:7/V 6`7d /4, '3 PHONE: A FROM: L�/a /310-dtc,-0 s� N LOCATION:' 7 3cf ACCOUNT NO. ,?)S O '"74 PHONE: A TOTAL NUMBER OF PAGES: DATE: ///� 2- TIME: fl (including cover sue) MESSAGE: 40,12G4, v' //U-e740,--e/ C!,;- ; /74,, JPX0f0,422,01 ..g.etzaikcj /2 o ` 2av• /c",///r9,0? • 0164,.. "4o et 1//')v � f ;; tei° /.:CC: FAX CHARGE IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.50 THEREAFTER. PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF $ AND MAIL TO: CITY OF FONTANA, P.O.BOX 518, FONTANA, .CA. 92334 1111E FROM: r=°1°�+To4 �' name company. / firm k4ir3M �r : ,, .' address phone no. �-� ;R �,,` c NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT k1• `) (ACC.N0.010-0316-2100) JAN. 1992 SKY-- AGENDA ITEM.1 3 B(1 -3 CITY COUNCIL ACTION REPORT NOVEMBER 17. 1992 NEW BUSINESS Meeting Date Agenda Placement 1`c Yl TO: Mayor and Council Members (\ . FROM: Community Development Department i r) SUBJECT: Baseline Road/Almeria Avenue Sewer Project North Fontana 1,.) ti.“ 6 RECOMMENDATION: .12,( 07 ) 1. CITY COUNCIL TO CONDUCT A HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY. 2. MOTION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND CALIFORNIA FISH AND GAME DE MINIMIS IMPACT FINDING AND DIRECT STAFF TO FILE THE NOTICE OF DETERMINATION AND CERTIFICATE OF FEE EXEMPTION FOR A PROPOSED PROJECT , WHICH INCLUDES THE ACQUISITION OF. A SEWER EASEMENT ON ALMERIA AVENUE BETWEEN BASELINE ROAD AND WALNUT STREET AND FOR CONSTRUCTION OF A SEWER ON BASELINE ROAD FROM BEECH AVENUE TO ALMERIA AVENUE AND NORTH ON ALMERIA . AVENUE TO WALNUT STREET. (NORTH FONTANA) '� 3. MOTION TO ADOPT RESOLUTION NO. 92-_, DECLARING THAT THE ACQUISITION OF AN EASEMENT WITHIN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT I DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMER SEWER PROJECT). _ Funding BUDGET IMPACT: 1_f No IXX es Source: 1_I General Budget 'XXI SEWER Fund Budget I_I Bond Proceeds I_I Developer Deposits Funds in the amount of $913,3 86 for the Baseline/Almeria Sewer. Project are budgeted in the Fiscal Year 92/93 Budget under Sewer Fund Account No. .071-7243- 4300. ENVIRONMENTAL IMPACT: 17X0 No I_I Yes The construction of public facilities and acquisition of property are referenced in the Environmental Impact Report (EIR) certified on December 21, 1982 by the City Council and the Redevelopment Agency for the North Fontana Redevelopment Plan. Staff has, therefore, prepared an Initial Environmental Study and a Mitigated Negative Declaration for this Project in accordance with the California Environmental Quality Act (CEQA)(Page 6). 2 BACKGROUND: , In June 1992, the Redevelopment Agency commenced construction of the local sewer system within the Highland Haven area of North Fontana. In order for the sewer system to be functional within the Highland Haven area upon its completion (estimated aroundDecember, 1992), a sewer master trunk line on Baseline Road from Beech Avenue to Almeria-Avenue and a sewer line on Almeria Avenue from Baseline Road, to WalnutStreet must be constructed. The location of the easement runs through Tract #1214/owned by Presley Development (see location map, Page 18). In December 1990, when Tract 12314 was recorded, it was anticipated that the Presley Company would construct the Baseline and the Almeria sewer lines as part of development of their Tract 12314 in the Rancho Fontana Specific Plan of North Fontana (see attached map, Page 28) . Presley was going to construct the sewer line as it is encompassed within the limits of their proposed development and because the conditions of approval for the Tract require Presley to dedicate to the City the public easements, however, subject to improvement. ' Therefore, the necessary easement was originally contemplated as part of the Tract Map. Staff was advised by Presley that they have no plans to proceed with development of Tract 12314 in the foreseeable future. In anticipation that Presley was not going to move forward with their development plans, and to facilitate completion of. the Highland Haven Sewer, the City budgeted funds in the 1992-93 Sewer Improvement Fund to install both the Baseline Road and the Almeria Avenue sewer lines. Subsequently, on September 2, 1992, Presley was formally requested to grant the necessary sewer easement within Tract 12314 to the City (Page 29). On September 7, 1992, Presley verbally advised the City that they are not prepared to grant the needed sewer easement. In light of Presley's unwillingness to dedicate the easement within Tract 12314 and in order for the City to proceed with construction of the Baseline/Almeria Sewer Project and provide the necessary link to the Highland Haven area in a timely manner, staff recommends the adoption of a Resolution of Necessity (Pages 30 - 37). The Resolution declares the intent of the City to acquire through eminent domain proceedings an easement for the construction of sewer improvements on Almeria Avenue between Baseline Road and Walnut Street (Tract 12314). The property from which the easement is to be acquired for this Project is owned by Presley of Southern California. HEARING AND REQUIRED FINDINGS The action under consideration affects property owned by Presley of Southern California (Tract 12314). The appropriate Notice was sent to the property owner on October 27, .1992 in accordance with Section 1245.235 of the California Code of Civil Procedures (Page 38) . 3• Although this matter is not a formal public hearing, the property owner(s), or their representatives are entitled to appear and be heard on the following issues: 1. Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in a manner which will be most compatible with the greatest public good and least private injury; 3. Whether the property sought to be acquired is necessary for the proposed Project; and 4. Whether the required offer to purchase the easement was made to the owner of record. s,!- The "Analysis and Justification" portion of this report will address each of the x finding which are required for adoption of the Resolution of Necessity. 40 ANALYSIS AND JUSTIFICATION: • 4 (1) THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT: �r`c This Project will provide a 21 inch sewer trunk line on Baseline Road from Beech f e7, :,' • Avenue on the west to Almeria Avenue on the east and an 18 inch sewer line on �`'� ; ' Almeria Avenue from Baseline Road on the south to Walnut Street on the north. The construction of theBaseline/Almeria sewer Project is required in order to provide sewer service to the North Fontana area (which includes the Highland Haven area) ultimately serving 5,100 dwelling units and 800 acres of .future commercial property. L ,S Without this Project, development in North Fontana cannot take place and the Qa"i��,u sewer system, currently nearing completion in Highland Haven, will not be bty„ functional , resulting in adverse impacts to the health and quality of life of �°" persons residing in the affected area. Construction of the Almeria Avenue sewer line, which is consistent with the recorded Tract Map 12314' street alignment for Almeria Avenue, is the -most _ (} vr�,� efficient and economical means of providing sewer service to the affected areas. r The public interest and necessity require the proposed Project. (2) THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY: The easement area is vacant.There will be no displacement of persons and/or property as a result of the acquisition. The easement area is also located within property identified as dedicated public right-of-way, however, subject to improvement. The Project as designed meets the requirements for the proposed . future improvement of recorded Tract 12314, and other areas to the north. An alternative to constructing the master line within the Almeria Avenue alignment was considered as follows: 4 • Use Citrus Avenue as alignment for the master line. Then upsize the master line on Baseline Road to the same size (21 inch diameter) as Citrus; then use it as the master segment constructed on Los Cedros Avenue. in the Highland Haven area (see map, Page 46). This option was not pursued because it would have required a force main and pump station at the south west corner of the Highland Haven area for pumping sewer flows to Citrus Avenue (Citrus Avenue connection point is approximately 29 feet higher) . These costs were estimated at $120,000, plus maintenance and operation costs. Staff, therefore, determined this alternative uneconomical because it �di exceeded the City's 1992/93 budget as approved by the City Council . 1 r t Therefore,. the Project has been planned and located in the. manner that will be .(1.- i` most compatible with the greatest public good and the least private injury. r r� � ( 3 THE PROPERTY SOUGHT TO BE ACQUIRED IS NECESSARY 0`o k�Q�� ( ) FOR THE PROPOSED PROJECT: Q he easement is necessary for the orderly development of Tract 12314, and other aN areas to the north and as specifically� � outlined in (1) above. The current 0 9- sewer/easement alignment was approved as part of Tract Map 12314, recorded on 1` t,v December 10, 1990. A r�x' r4r0Ohe easement is necessary for the proposed Project. Without the easement, it �xa would not be feasible to construct the Almeria Avenue sewer line. vr 1r (4) OFFER OF JUST COMPENSATION NOT REQUIRED: Pursuant to Government Code Section 7267, in pursuing the acquisition of any easement, or other nonpossessory interest in real property for purposes of constructing underground sewers, the City is not required to appraise the subject property, nor establish just compensation or submit a purchase offer to the owner, prior to adoption of a Resolution of Necessity. ' Thus, an offer of just compensation has not been made. ALTERNATIVES: In considering this matter, the City Council has several alternatives: 1. a. City Council to conduct a hearing to consider the adoption of a Resolution of Necessity. b. Motion to adopt the Mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and direct staff to file the Notice of . Determination and Certificate of Fee Exemption for a proposed Project which includes the acquisition of a sewer easement on Almeria Avenue between Baseline Road and Walnut Street and for construction of a sewer on Baseline Road from Beech Avenue to Almeria Avenue and north on Almeria Avenue to Walnut Street. (Staff Recommendation) c. Motion to adopt Resolution No. 92- , declaring that the acquisition of an easement within certain real property (Tract No. 12314) by eminent domain is necessary for construction of underground sanitary sewer line facilities for the Baseline/Almeria Sewer Project. (Staff Recommendation) 5 F 2. Not adopt the above motion and direct staff to process easement at time of public improvements. 3. Refer this matter back to staff for further consideration. ATTACHMENTS: Page 6 - Mitigated Negative Declaration and Initial Study Page 18 - Area map showing properties and easement in relation to the Project Page 29 - Letter to Presley Requesting Sewer Easement Page 30 - Resolution of Necessity Page 38 - Notice of Hearing to Property Owner and Proof of Mailing Page 46 - Area map - alternative sewer line Citrus Avenue SUBM 4 B REVIEWED BY: . RECOMMENDED BY: • Greg H e ar • so/ — J y . Corey Commun t Developme t Steve Del ch . ity Manager 'Director City Attorney GD:GVO:cz i 1 . I F A FAX O Fi. C I T 'Y ! COMMUNICATIONS- C A ` . l F O R NIA FROM FAX NO. [7' 1 4] 3 5 O - 7 s 9 1 �O 1 i PLEASE DE YER THE FOLLOWING PAGES TOs • iSi NAME, c--- s ry+-4...,.• C/% .,c5 LOCATIONS // T FAX NUMBER: [rnle�--i.e. PHONE: moms / • /N� LOCATIONS • ACCOUNT NO. . PHONE, TOTAL NUMBER' OF PAGES: J.5 �k7 DATES , TINES •(including cover shheet) I MESSAGEs i 1 1 . j CC* 1 FAX CHARGE ISs $2.00 1ST PAGE (EXCLUDING COVER SHEET) $1.80 THEREAFTER. PLEASE MAKE CHECK•PAVAGLE •TO CITY OF FONTANA IN THE AMOUNT OF $ I AND NAIL TO: CITY OF FONTANA. P.O.YOX 61i. . FONTANA. CA. 92334 .11, FROM* . I �� ��•••..,. fir, nasee company / firm • • • 1 +11 v __ address phone no. .� �� ', - NOTES PLEASE RETURN THIS COVER SHEET WITH PAYMENT t�� `. 0 (ACC.No.oao-oars-2100) .' ' .TAN. 1 992 SKY— TRANSMISSION• REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT ** COUNT ** # 15 *** SEND *** NO REMOTE STATION I. D. START TIME DURATION #PAGES COMMENT 1 7146401643 11-16-92 4:59PM 7'56" 15 TOTAL .0:07'56" 15 XEROX TELECOPIER 7021 6 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received 7;06 for Filing: John Tesley Engineering Tech . II (Clerk Stamp Here) CITY-COB.FD FORM "D" 7 DRAFT NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration 8 Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. • 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. • 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). 9 4 EMYIROIIIENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue Fontana, CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X _ PROPER TRENCHING AND SHORING TECHNIQUES AS , DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? _ THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION" USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" 10 Yes tufa No d. The destruction, covering or, modification of any unique geologic or physical features? DURING CONSTRUCTION THE CONTRACTOR SHALL X ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: _a. Substantial air emissions or deterioration of ambient air quality? X TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK'. b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X d. Emission of hazardous air pollutants within one-fourth of a mile of a school? X e. Burning of municipal wastes, hazardous waste or refuse-derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? CITY-COB.FJ Page 2 of 9 FORM "J." } 1I Yes Maybe No 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage 'pat- terns, or the rate and amount of surface water runoff? _ X c. Alterations to the course of flow of flood waters? • X d. Change in the amount of surface water in any water body? X e.' Discharge into surface waters, or in any . alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? _ X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or with- drawals,' or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i . Exposure of people or property to water re- lated hazards such as flooding or tidal waves? X 3. Significant changes in the temperature, flow or chemical content of surface thermal springs? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X c. Introduction of new species of plants into an, area, or 1n a barrier to the normal replenish- ment of existing species? _ X CITY-COB.FJ Page 3 of 9 FORM "J" 12 Yes Maybe No' d. Reduction in acreage of any agricultural crop? _ X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms, or insects)? X b. Reduction of the numbers of any unique, rare or endangered species? _ X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? _ X d. Deterioration to existing fish or wildlife habitat? _ - X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? ' X DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels? _ X 7. Light and Glare. Will the proposal produce new light or glare? _ X 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? _ X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ X b. Substantial depletion of any non- renewable natural resource? _ X CITY-COB.FJ Page 4 of 9 FORM "J" 13 Yes Maybe No 10. Risk of Upset. Will the proposal involve: a. A risk of an .explosion or the release of hazardous substances (including, but not limited to oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X _ SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transpor- tation systems? _ X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X _ DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY, CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK". SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" 14 Yes Mavbe No e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X _ DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS. AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have, an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? X b. Police protection? _ X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: X a. Power or natural gas? X b. Communication systems? _ X CITY-COB.FJ Page 6 of 9 FORM "J" • 15 Yes Maybe No c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? _ X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? x 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an offensive site open to public view? _ X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing , recreational opportunities? _ X 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? X b. Will the proposal result in adverse physical " or aesthetic effects to a prehistoric or historic building, structure, or object? X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Finding of Significance. a. Does 'the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten CITY-COB.FJ Page 7 of 9 FORM "J" 16 Yes Maybe No to eliminate a plant or animal community, reduce the number or restrict the range of a rare , or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs-in a rela- ' tively brief, definitive period of time while long-term impacts will endure well into the future.) X c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tieing Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? . X b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? X c. May this project cause significant effects on the environment that were not examined in the prior. EIR? X III. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. CITY-COB.FJ . Page 8 of 9 FORMS UJu 17 IV. DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. _ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. _ I find that the proposed project may have a significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: ;;QTUDeV, W, v PREPARED BY: Felipe Molinos, P.E. Principal Engineer REVIEWED BY: R ert W. Weddle, P.E. City Engineer APPROVED BY: .; // ( )31 ( p Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" MAJOR DETOUR N worm LOCAL CONTROL - . T . S . LOCAL TRAFFIC ONLY 3 MILES _ _.- SASE SEWERLIPROJECT RIA CII/w /f II_ ....I.:N —_ — 6.e liii . HIOHLA O Ay ,� sun w.. M M 1111101 MIT SO . r IL: .....«,:cie , r. •- J- ,1 :11.1" ti_-_— - WWII r r..•..) "a ..,..� .r t - .1CrYr air _— t AREA TO BE ISY.-PA $SEDi ' � = DURING SEWE CONSTRUCTIONS L ri . je i�g U I, , . J� . , : . O1,_ r .. { 4 8ELIN I ...—.�.-� 'al- --.. ie ,._,.., ..„„1c.1” 1o.61',.1/'.'_•• //: i,,c, 0''4.,1_ 1i;' _i_i_.' I7:..ti0_-c\.re-1F1,,_'_-,'.'.1'1;3:,7'14,t,.0.--t-- 1I -7.7iM. _1.il1-Al—lf—till'1.'.E-- ------i— - V e.),t,,,7_..-.7 7--.'—j,s4o-,i 1/ 1 ,moC Ai.nii. t i11i .� ut---rt., •I z “ii MINI, E, iiiItri1i .''.„..' .�O r �� - , L, ', ___'_,,I„#:.s—:I,,,----..---,N.-,-.,,.N,),s.r7,1•.,s1-_,-1 T.!...- Mill I:Ill 1 NI lilt ant • . FtEitilr� ,om _ . N k t4;\ ''moo,, !!!!110111-11, ritiN117 15. 6111.1 i . e ,, __ � t • rNI1 . IMO poll,-. L - . - ,,4,tii; _,L3::,,c;•;,,. _41, .,'r .,,..::........,..ik!.•.9 TOE .L,•• se 0.g Till'.ko,, 111111F-441 - 1 M. __iiiillo."1!"1. ......,— _ --.w.,,t N 3 � Uly, ICC..C■ 8 �I ' 1 �:-L,I Itr M1 • r . {.] i PI ......__:-.----00. Ci 1111 l!tUt 1 ED ;. in N C MUrf — MMIMs ir II • ill =If 1l =1I III II--11 n"="t I'3L�� .II 'I O %• ( ILRY .`I l ti fl]O�rvr 7 . `3 . 15 . 2 Sewer Facili * ie5 , A detailed engineering report as prepared by Albert 44 Webb Associates which analyzed the infrastructure ( i .e . , sewer , water , storm drain ) needs for Rancho Fontana . That report " has been appended with this Specific Plan . • The following text provides a summary of the findings , conclu- sions , and recommendations of that engineering report . Existing Conditions The City of Fontana currently owns and operates the waste- dater collection system within Fontana. The City has con- tracted with the Chino Basin Municipal Water District ( CBMWO ) to treat and dispose of the effluent. Presently, there are no sewer lines connected to the property . Sewage is treated in CBMWO Regional Plant No . 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues , approximately four miles south of Rancho Fontana . Present flow to this facility is 3. 2 million gallons , per day (mgd) ; the rated capacity of the plant is 3 . 5 mgd . The CBMWO has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No . 1 to treat flow from Regional Plant No . 3. The plan was to construct the Fontana Interceptor which would carry the wastewater from Regional Plant No . 3 to Regional Plant No . 1 and phase out Regional Plant No . 3 . However , this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6 . 2 and 10. 2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No . 3 for groundwater reclamation . Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750, 000 gallons of 1Robert Schoenborn , P . E . , Public Works Director , City of Fontana ; letter dated December 1 , 1981 . 2Rancho Fontana Engineering Report , March 1982; p . 1-4. 3Ibid . VII -92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII MASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF • zo • The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter [leech trunk line would have a peak design capacity of approximately 8.0 MGD • based on a design depth of.0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1.28 MGD, while the peak flow from 'the entire proposed severed area is 8.0 MGD. The City of Fontana should contribute to the construction cost of .the recommended trunk line, since 84 percent of the peak capacity. 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. Wastewater Collection System The collection system for the Rancho Fontana development `re • quired for the ultimate wastewater effluent is shown on Plate 1-1. Thu recommended'.collection' system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project cost for the collection system and trunk mains is $1,630,000 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that rum through the proposed project. • 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT PAGE 1 OF 3 • r zi TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA 'WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) • Unit • Size Quantity Unit : Price Total Sewer Collector Lines 8" Dia. 21,440 LF • $ 17.50 $ 375,000 Sewer Collector Lines . 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 . Sewer•Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LP 39.00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286,000 Manholes 48" Dia. 170 EA 2000.00 340.000 Total Estimated Construction Cost S1,164.000 Total Estimated Project Cost $1.630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on ENR-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 152; (b) Technical Services at 152; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 22 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received +^^'�i for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "D" DRAFT 23 NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. • 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other. (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Councils findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM NEN Negative Declaration 2 4 Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book"will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). 5 Negative Declaration Z Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps An protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). 26 NOTICE OF DETERMINATION TO: Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana,,CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer improvements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Construction of 21' dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer mainline on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will , xx will not have a significant effect on the environment. 2. An Environmental Impact Report was . prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3.. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings were _were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" 27 CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an. adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by, a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the projects effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L" 29 • .� City of Fontana • ,'�•:; ' � CALIF. �� .�1! >! O R N I A ' '6 a>. .J. .: F • September 2, 1992, Mr. Steven Jones Project Manager PRESLEY OF SOUTHERN CALIFORNIA 19 Corporate Plaza Newport Beach, California, 92660 RE: Tract No. 12314 - Sewer Easements Dear Mr. Jones: In order to facilitate the City's infrastructure planning efforts in the North Fontana area, the City respectfully requests that Presley grant the needed sewer easements within Tract No. 12314 to the City at this time. Staff would appreciate Presley executing and delivering the previously transmitted easement deeds to Mr. Bob Weddle by September 9, 1992. Thanking you in advance for your prompt cooperation. If you wish to contact me, please call me at (714) 350-6712. Sincerely, CO U IT EVELOPMENT DEPARTMENT A i 1st a io . Gre lsi "Co unity De elopment Director f } iij GH•l1P4rcz I. 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA. CALIFORNIA 92334.0518 • (714)350.7800 SISTER CITY- KAMLOOPS, B.C. CANADA • "AREA MAP - Alternative Sewer Line - Citrus Avenue" . - r ::" . cEi Amu 4065 cn 1`' #= �� ��� 1423S-};, J//' 1 4 /� .,: 4067 i,'i T y� 4063 �s_an 1__' La G i i 142771 1 .... CM. :/, GYM ,142751 R ♦1 Vs L .'. 1 4273 ,•--- �. ...t i 40591- 1142211 i 4271 ,,/ 443011 I / 4057 4069 /' 1 4219 j 1_ J * 4263• 2' i w I 11 7 I 4267 ® I .J 4055 2 I �� * 1 •1 c 1 1142131 I j 1 4265 - v Li! "' fi 4 1 J', 4053 i 14211 ( I I ^L �i--, < c/) 1 I `; + ,-i:r - 142571 ' i .14051 1 1142091 1 J6H �.114251 (' ' 1142071 , 1 1 ' 1 JYi (S '.ai : LOS GED2o5 1 0 Pa- ;�� . - _ ; I _ i 1 42051 "QZ�� I .Q II® _ 1 NI 4047 N � 4 40201 1 L *424I F_ 4109 I Mill 1 ',\� - : 1 4203 H � v --- �- T _ v_ - - . __. 7 n 1 • •0_ -�\ � 4043• 1 ( - 40-I L �1��1 nrii _ .46 311 5 'tiJ``� �r--4089 _ mart - =Jl,w<, • r��•- -,+ I •' .L. _.._.._. - :--... 4_,- `:▪ ,`:. ! ;7r-v iI 's, 4 7I .. LR pm - - ,l• i_30551 f3085r 31 • -_- ` CM] 14 7 3 - __ �_ 309 •• • 4037• _.... t. .. 1 — y', ~\;\: j -.-- � t-. „_i__,.t�053 3083 9 - ,� -_- j,./i .�40351 ,`♦ii I i 303Tr_ J._ `_— .�Z�i 4107 , — - 14031 4• .1---_ 1140831• \ �-, *2...- ."- -- . 308 91. 140331 _ - MI1 4.9 ;'� col 3081 . 41 —_ 402 •,•• ...... 't0029t" -- — ��a5t1 _ C \.-, _.... 130771 T __y— _-- 304 3475 _.. 1 3381 - -9 3395 - . _ 41n251�.14299 - • 1 1 - 30471-- ' a -ni3� —� • 133241 _ _ ,_ . �: : r..-.,.� i. 1�EE 2MSYS 7PCOR 4010 Recording requested by 011 `�U-,��SJ2 'CIliiil TY OP.POHTANA e� V 5__OTT ++....�sr-•-x• - -• ® RECORDED IN • ��.Ii}r;,QA CITY OF FONTANA (PUBLIC ' •:. • •. • 11111 1990 QEC I() FM 3 55 • ,P.O. BOX 518 'FONTANA, 'CA 92335 ,SAN BERNARDINO • ' CO.. CALIF. • • APN: 228-131-15 • EASEMENT DEED Document Tax Due $ NONE/ • By: n ; LA •• (Grantors) THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION / . FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged . Does .hereby grant to the CITY OP FONTANA, a Municipal Corporation, an • easement for' street and highway purposes over, under and upon the real property in the City of Fontana, County ' of San Bernardino, State of • California, described as follows: - • THAT PORTION OP THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE . SOUTHEAST QUARTER OP SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN . BERNARDINO BASE AND MERIDIAN, IN THE CITY OP FONTANA, COUNTY OF SAN • • BERNARDINO, STATE OP CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT • TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL ON NOVEMBER 13, 1885, DESCRIBED AS FOLLOWS: - • BEGINNING. AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 30.00 • . FEET OP SAID SECTION WITH THE WESTERLY LINE OP THE EASTERLY 53.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OP•THE SOUTHEAST QUARTER OF . SAID SECTION, SAID POINT BEING THE SOUTHEASTERLY CORNER OP THE LAND ' DESCRIBED IN PARCEL 2 OF THE DEED TO THE CITY OF FONTANA RECORDED JUNE 8, . 1982 AS DOCUMENT NO. 82-111670 OP OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, NORTH 0°04'58' WEST 43.00 FEET TO THE TRUE POINT OP BEGINNING, SAID POINT ALSO BEING THE MOST NORTHERLY • • . 1 1 CORNER OP PARCEL 2 OP SAID DEED TO THE CITY OP FONTANA; THENCE ALONG SAID. WESTERLY LINE AND ALONG THE WESTERLY LINE OP THE LAND DESCRIBED IN PARCEL / 1 OP 'SAID DEED TO THE CITY OP FONTANA, NORTH 0°04'58• WEST 587.08 FEET TO I THE NORTHERLY LINE OP THE SOUTHWEST QUARTER OP THE SOUTHWEST QUARTER OF • THE SOUTBT QUARTER OP SAID SECTION; T • NORTHERLY LINE SOUTH 89°52'29' WEST 12.00 FEET CE TO THEGWESTERLSAIDLYLINENTIONED OF THE EASTERLY 65.00 FEET OP THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE ALONG SAID LAST MENTIONED WESTERLY LINE, SOUTH 0° 04'58' EAST 580.09 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 80.00 FEET OP SAID SECTION; THENCE SOUTH 48°53'35' WEST 30.47 PEET TO THE INTERSECTION OF THE NORTHERLY LINE OP THE SOUTHERLY • 60.00 PEET OP SAID SECTION WITH THE WESTERLY LINE OP THE EASTERLY 88.00 _, FEET OP' THE SOUTHWEST QUARTER OP THE SOUTHWEST QUARTER OP THE SOUTHEAST ` QUARTER- OP, SAID SECTION; THENCE SOUTH 0°07'03• EAST 21.97 PEET TO THE t 2' : _ . •• NORTHWESTERLY' LINE OF THE LAND DESCRIBED IN PARCEL 2 OP SAID DEED TO THE 'CITY•• OP• FONTANA; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°53'59' EAST•49.48 PEET TO THE TRUE POINT OP BEGINNING. 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AS 9E 0- N 8c1"�JL'�31 E _ -.... .33.00` COQ `N 1/2 ,SEA S(0, }" N0q'52.51E 1.Iq' — 't IN, R CoW111 j•QaO`TON hA�F\ • � NO'o4'S8"W 43.00' 1 /t c, 444 Cs D--N 44.59'S9 461.48' Na 14$14 n. A e• VA Crefltre w 21.91' -41 -3 1,140'035e 30.41' \ \ - / 4 _, � ("1) N 8/1.52'29"E\ 12.00' . ; 4 Crvr` w• 8)-NO.O4'SB"W 55/.06' t4OF CAUF°j� CITY OF FONTANA, CALIFORNIA ,.,.p..•.- ZCoSCo .11 DEED PLAT • Drawn an . THAT THE l2PORATION EXECUTED IT. RACT NO IN THE CITY OF FONTANA , STATE OF BEING A SUBDIVISION OF A PORTION OF TOWNSHIP 1 NORTH, RANGE 6 WEST, MADOLE AND ASSOCIATES , INC J , M . MADOLE R . C . E . 14814. DECEMBER 1987 OWNERS STATEMENT WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN . THE LAND SUBDIVIDED AS SHOWN ON "THE ANNEXED MAP AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP AND WE HEREBY DEDICATE TO THE CITY OF FONTANA AS EASEMENTS FOR PUBLIC USE: BASELINE AVENUE, ALMERIA AVENUE, MONTECA DRIVE, NIAGARA DRIVE, MARGARITA DRIVE, MARIPOSA DRIVE, CATAWBA DRIVE, WINCHESTER COURT, CASCADE DRIVE, MONTECA COURT, WHITEWOOD . DRIVE, HOME COURT, VIRGINIA DRIVE, KNOX AVENUE, SCOTT DRIVE, CERRITOS COURT, WALNUT STREET AND CATAWBA AVENUE . WE ALSO HEREB DEDICATE TO THE CITY OF FONTANA THE DRAINAGE EASEMENT AS ' SHOWN. WE ALSO HEREBY DEDICATE TO THE CITY OF FONTANA ALL RIGHTS OF VEHICULAR INGRESS TO OR EGRESS FROM OVER AND ACROSS THE SOUTHERLY LINES OF THOSE LOTS ABUTTING BASE LINE AVENUE, EXPRESSLY LOTS 1 TO 3 INCLUSIVE. WE ALSO HEREBY DEDICATE TO THE CITY OF FONTANA THE 4 ' PUBLIC UTILITY EASEMENTS . AS SHOWN. THE ' PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUHERN CALIFORNIA, A CALIFORNIA CORPORATION BY: (baa......-SEXf2~60%-ti--4.A-5BY: )00 o h _ MAN t• U A)..V.KEE YPiCE$1DEXIT 'ma anTud j ATMAIL.% e4.CMTA►I tei»cri Iu), , • G0 1'3E TENTATIVE MAP AND ANY APPROVED ALTERATIONS ,THEREOF , AND THAT ALL • THE' PWOVISIONS OF THE SUBDIVISION MAP ACT AND ARTICLE I , CHAPTER 28 , C3DE' uF FONTANA CITY, HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT THIS MAP IS TECHNI Q ' Y .Cary.•RECT. / ELLI,y f\ 0 1 DATE CDs !N0. 25131 14,cE NATON , CITY ENGI , CITY OF FONTANA, r LIP.'NIA . R.0 R.C .E. 2513% PIRES; 12—31 —93 EXP IZ•mil-q3 d>4 V Ik• *�� CITY OFFICIALS CERTI � OF_. �E� AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FONTANA, STATE OF CALIFORNIA, HELD ON THE 2111 DAY OF AUGUST , 1992, THE SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE CITY OF FONTANA THE ANNEXED MAP OF TRACT NO. 12314 AND ACCEPTED THE,. . FOREGOING_ DEDICATIONS , SUBJECT TO THEIR IMPROVEMENTS IN AOCORDA CE WITH CITY OF FONTANA.:.STANDARDS-,,,. , ....•.. . . .. �. ....._.....,~ 47ago Goa (4 DATE 1 ` AYOR, CITY OF FONTANA, LIFORNIA I �S ATTEST• --- . „$Y: TH1r TOYA , CITY CLERK CITY OF FONTANA, CALIFORNIA • AUDITOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS. DATE, THERE ARE NO LIENS AGAINST THE REAL PROPERTY SHOWN UPON THE ANNEXED MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES CR SPECIAL ASSESSMENTS COLL TED AS TAXES , EXCEPT TAXES NOT YET PAYABLE ESTIMATED TO BE $_ � /)^7 YD ERROL J. MACKZUM, COUNTY AUDITOR LATE COU Y OF SAN B NA• =.1'O • BY: DEPUTY • ' , •RD OF SUPERVISORS CERTIFICATE 1, I HER. :Y CERTIFY THAT A BOND IN THE SUM OF $ S aox •{"rr BEEN EX - TED AND FILED WITH THE BOARD OF SUPERVISORS • . COUNTY < k1* r CF SAN BE' •RDINO. STATE OF CALIFORNIA, CONDITI• . • • • •N THS ?AYHtNT . C F ALL TARE • STATE. COUNTY. HUHICIP • a '• j •a�.�Ala��J1LL:,�fIIQ;A& ASSESSMENTS. COL• CTED -AS. ;"TAXER • .� - h T, 0 • ra THE ANNEXED HAP THE ' C C. • :, 'RECORDER;IIRE' Ai`•L 1X1)&03 „.', • j.. FROPERTY, BUT NOT YE • - AND THAT THE SUBDIVIDER AS ,TIL1IVIIIT `M' � ' .,' frE A CERTIFICATE B •ROPERTY OFFICER GIVING HIS 'ESTIMATE OF THE "' AMOUNT OF SAID •XES AND . SSESSMENTS , AND SAID BOND HAS BEEN DULY �f•:" APPROVED BY D BOARD OF SUPER ' ORS . . .TED EARLENE SPROA CLERK OF THE BOARD SUPERVISORS • OF THE COUNTY OF SAN - - -NARDINO BY: • -UTY Cam' i .0 " ",� # o, THE C/. P; �ll.���l o'x City of Fontana -iitho A , 2-'i l CALIFORNIA ow �I,� . ,�,.4 November 19, 1992 Clerk of the Board of Supervisors County of San Bernardino 385 North Arrowhead San Bernardino, California, 92415-0110 ATTENTION: Cindy Gilbert . Dear Cindy: • At its meeting on November 17, 1992, the Fontana City Council adopted a Mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and directed staff to file the Notice of Determination and Certificate of Fee Exemption for the following project: 1. Acquisition of a sewer easement and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Enclosed for recordation and filing are the Mitigated Negative Declaration, Notice of Determination and Certificate of Fee Exemption De Minimus Impact Finding forms for the project mentioned above. Also, please find enclosed a - check for twenty-five dollars ($25.00) for the documentary handling fee of the De Minimis Impact Finding for the project. For your convenience, the City has enclosed a self-addressed return envelope for copies of the forms to be returned to the City with the Clerk's stamp and date. If you require any additional information, please contact John Tesley at (714) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division F.,vC,,;/A-e- ./CA 47�',A Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures cc: City Engineer 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY— KAMLOOPS, B.C. CANADA 111FA NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline-Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: • The City Council , having reviewed the Environmental Information Form for, this proposed. project and having reviewed the written comments received prior1 to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will note have a significant effect on the environment. A brief statement of the reasons supporting the City. Council 's findings are as follows:. See Attached Sheet A copy of the Initial Study may be obtained at: '. The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: ,(714) 350-7610 • John Tesley Engineering T chnician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). TO: _ Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana, CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Acquisition of a sewer easement on Almeria Ave. and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Acquisition of a sewer easement on Almeria Ave. between Baseline Ave. and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Ave. and construction of 18" dia. VCP sewer main line on Almeria Ave. Project Description This is to certify that the City of Fontana approved the above described project on 11-17-92 and made the following determination: 1. The project will , xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made .a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not ma pursuant to the provisions of CEQA. // /9 .3V Dat ohn Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" , . i CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the projects effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the.Fish and Game Code. 7 2,,/...74/e:‘, • Jo n Tesley Engineering Technician II City of Fontana Date: /4/91'' CITY.COB.FL • FORM "L" • INVOICE DATE INVOICEUMBER CONTROL NUMBER AMOUNT DISCOUNT AMOUNT PAID REMARKS " 11 18 92 RQST 25.00 25 .00 FILING FEE BASELINE/ALMERIA TRUNK SEWER TR 12314 • • • • CITY OF FONTANA AO- VENDOR NO. CHECK NO. PAGE 8353 SIERRA AVENUE TOTAL AMOUNT FIGURE CALIFORNIA 92335-3598 CHECK IS LAST FIGURE IN COLUMN ABOVE 50140 89590 •CITY OF FONTANA FOLIO NUMBER • CHECK 89590 ---�• 16-66/1220 NUMBER 8353 SIERRA AVENUE 89590 FONTANA,CALIFORNIA 92335-3598 'CHECK DATE 1 1 • 11 119 1192 PAY THIS AMOUNT PAY THE SUM OF****25***IV; DOLLARS AND *00 CENTS *******25.00 , TO THE ORDER OF SAN BERNARDINO, COUNTY OF ;' 1 CLERK OF THE BOARD OF SUPERVISORS / J • • z iot.� • VOID AFTER 90 DAYS BANK OF AMERICA • Fontana,California APOI-1658-AA il'08959011' 1: L 2 200066 Li: -0 244 2r1180 2L,C r __ _ _• � : NAMES AND ADDRESSES TELEPHONE • • • U,-0[%i tow 0(- 5u? 15oR-5 ' ?-4tczf3 10AJ.J, .) Of jk ADIIJO - '5,6 tJ - A Ni/Jf4EAO E 11.4tc-o I 10 Afx1;(Avg tht Pk0I co ki COUNTY•.RECORDER g7-.30(� .i 4'IA„ A� n/�_•`u HALL OF RECORDS, 172 W. 3rd ST. 414' �i.# t v ,*'.SAN BERNAP.OtNA CA 42415 1. COTjeJ III ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue Fontana. CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? - X _ PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? X THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION" USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" Yes Maybe No d. The destruction, covering or modification of any unique geologic or physical features? X DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? _ X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ X TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK". b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ X d. Emission of hazardous air pollutants within one-fourth of a mile of a school? X e. Burning of municipal wastes, hazardous waste or refuse-derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? X CITY-COB.FJ Page 2 of 9 FORM "J" Yes Maybe No 3. Water. Will the proposal result in: a. Changes in- currents, or the course of di- rection of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? _ X c. Alterations to the course of flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? _ X i . Exposure of people or property to water re- lated hazards such as flooding or tidal waves? _ X j. Significant changes in the temperature, flow or-chemical content of surface thermal springs? - X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ X c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? X CITY-COB.FJ Page 3 of 9 FORM "J" Yes Maybe No d. Reduction in acreage of any agricultural crop? _ X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species? X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe. noise levels? _ X 7. Light and Glare. Will the proposal produce new light or glare? _ X 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? _ X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any non- renewable natural resource? X CITY-COB.FJ Page 4 of 9 FORM "J" Yes Maybe No 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not. limited to oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X SEE RANCHO FONTANA ENVIRONMENTAL:IMPACT REPORT- SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X _ SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? _ X c. Substantial impact upon existing transpor- tation systems? _ X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK". SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" Yes Maybe No e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ X _ DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? X b. Police protection? _ X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? — X PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: X a. Power or natural gas? X b. Communication systems? _ X CITY-COB.FJ Page 6 of 9 FORM "J" Yes Maybe No c. Water? X d. Sewer or septic tanks? _ X e. Storm water drainage? _ X f. Solid waste and disposal? _ X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing • recreational opportunities? _ X 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? _ X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten CITY-COB.FJ Page 7 of 9 FORM "J" Yes Maybe No to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) _ X c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) _ X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? X b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? X c. May this project cause significant effects on the environment that were not examined in the prior EIR? _ X III. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. CITY-COB.FJ Page 8 of 9 FORMS "J" • IV. DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION'WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project may have a significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: 0.."(U' '' Vp, PREPARED BY: Felipe Molinos, P.E. Principal Engineer REVIEWED BY: R ert W. Weddle, P.E. City Engineer APPROVED BY: C1 136„t•cL Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" ATTACHMENT 1 LEGEND MAJOR DETOUR N MIMI LOCAL . CONTROL N. T. B . LOCAL TRAFFIC ONLY 3 MILES_ — -- ELIPROJECT RIA SEWER • `I� II II . � m. L I CIMTI• •v ron••[r - —1T ,,...� ,T .wlrtrT .v 0 ( 4 I .IL=• _= Lamed___ . - , a b a I • iii ` _ 11 III 4 i 41 [1 , t SOKOL u II a UI 1 HIGHLAND A y' At. 1••MI.I.TN AT w •ET, I.T b p___,_________ #4` { r - d je ` ' s t' i �~�:VT . rCM ille flif i 1 - } _ lea K.0414 f�i V�L7wl�•L - VICTORIA •T. - fililliT IT. - ,� MLNVT •T I,__ M .l ../_ l 1!2 MIMI I••!•/P! IC AREA TO BEIPY.- PA •$ ED! - r I KM..( W DURING SEWE CtiI ONBTRUCTION1 • A 11 ; • . a a v, V aI Q j:„. 7, 4 pkm a,,,,..N.r.',e a'-4r.-!'-!-"-a-im--; /\ 14 1-1 � 3 --' s SE LIN ai/./ t0 1{3( Wi\ - ---- - -J �.L•t Litt •a '/ ! `� . 11 II � }1tu•r�r7::.,- �0 •!-:-.-_-_-_ !!........ ? ,,, 1 IM_ ri- .1 1 .. . - _ pp • „ "I L,____, ..no m...... ....,,,—, me swoon 4_ , . 11•"":* 1.... . 'r,• i-' u • ii, All pil t 1 . I Lill gm N.. ' 1 I � sc�� '�� '^y� .•�.' .` • � r�� ac••.�roar III� _ �. '�,I is_ "il : N •ziertim, Y,I *.A.. I ) L_. 1l A. PO a .. .. iii 1 r : ea" ' - iiiiTiti ., lia El _. .1, i , H I L L , . ,..ii.. I••, _ 11• r it I MIMI III kilgillig2 . l O TrWT •• .. ���L �L LII I i `_ I� l ..auvClItITIVT E MI r F nT •v r ,: .�,&11-1 LTYUTL ALOHA lr. T iii RI VW OTT o0o a oa o • AA•0111 MIT t ---j' it : . . , ,,,,....... . ' klur C e. i •[w_ pre 1I 3II 3II77e -1I II 'II III iI ,II 7,77 4I—T•V L iI ■II 1 m ;1 Y rw. dI I vLurcu . oo©0000aa 7 . 3. 15 . 2 Sewer Facilities A detailed engineering report was prepared by Albert A . Webb Associates which analyzed the infrastructure ( i .e . , sewer , water , storm drain) needs for Rancho Fontana . That report has been appended with this Specific Plan . The following text provides a summary of the findings , conclu- sions , and recommendations of that engineering report . Existing Conditions • The City of Fontana currently owns and operates the waste- water collection system within Fontana . The City has con- tracted with the Chino Basin Municipal Water District ( CBMWD) to treat and dispose of the effluent . Presently, there are no sewer lines connected to the property . Sewage is treated in CBMWD Regional Plant No . 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues , approximately four miles south of Rancho Fontana . Present flow to this facility is 3. 2 million gallons , per day (mgd) ; the rated capacity of the plant is 3 . 5 mgd . l The CBMWD has obtained Clean Water Grant funds to expand •4 the treatment plant capacity at Regional Plant No . 1 to .4 treat flow from Regional Plant No . 3. The plan was to construct the Fontana Interceptor which would carry the wastewater ' from Regional Plant No . 3 to Regional Plant No . n 1 and phase out Regional Plant No . 3 . However , this _ aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6 . 2 and 10. 2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- 2 ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No . 3 for groundwater reclamation . Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750, 000 gallons of 113 4 'Robert Schoenborn , P . E. , Public Works Director , City of a Fontana ; letter dated December 1 , 1981 . 2Rancho Fontana Engineering Report , March 1982 ; p . 1-4. 3lbid . VII -92 • SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII MASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF 1 • • • The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter Beech • trunk line would have a peak design capacity of approximately 8.0 MGD based on a design depth of.0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1..28 MGD, while the peak flow from • the entire proposed sewered area is 8.0 MGD. • The City of Fontana should contribute to the construction cost of the recommended trunk line, since 84 percent of the peak capacity. 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. Wastewater Collection System The collection system for the Rancho Fontana development re- quired for the ultimate wastewater effluent is shown on Plate 1-1. The recommended collection system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project cost for the collection system and trunk mains is $1,630,000 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that run through the proposed project. • 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT • PAGE 1 OF 3 TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) . Unit . Size : Quantity : Unit . Price : Total Sewer Collector Lines 8" Dia. 21,440 LF $ 17.50 $ 375,000 Sewer Collector Lines 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sewer•Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LF 39.00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286.000 Manholes 48" Dia. 170 EA 2000.00 340.000 Total Estimated Construction Cost $1,164,000 Total Estimated Project Cost $1.630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on En-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 152; (b) Technical Services at 152; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 • NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. • Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "D" DRAFT NE6ATIYE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana — Engineering Division B. Other (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects' of the project. • 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures. . (attached). NOTICE OF DETERMINATION TO: Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana,,CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer improvements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will , xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing ti CITY-COB.FF FORM "F" CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is . located within, the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City, of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the project's effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L" i BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS 400 MISSION SQUARE 1 ARTHUR L.LITTLEWORTH• DOUGLAS S.PHILLIPS• MATT H.MORRIS MARSHALL S.RUDOLPH GLEN E.STEPHENS* ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS 3750 UNIVERSITY AVENUE WILLIAM R.DeWOLFE• GREGORY K.WILKINSON STEVEN C.DeBAUN CYNTHIA M.GERMANO POST OFFICE BOX 1028 BARTON C.GAUT• WYNNE S.FURTH BRANT H.DVEIRIN MARY E.GILSTRAP RIVERSIDE,CALIFORNIA 92502 PAUL T.SELZER• DAVID L.BARON ERIC L.GARNER NGUYEN D.PHAN DALLAS HOLMES• EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. TELEPHONE(714)686-1450 CHRISTOPHER L.CARPENTER*BASIL T.CHAPMAN JULIE HAYWARD BIGGS GINEVRA C.MARUM RICHARD T.ANDERSON* TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER TELECOPIERS JOHN D.WAHLIN* VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE (714)686-3083 • 682-4612 MICHAEL D.HARRIS* DANIEL E.OLIVIER JANICE L.WEIS CHRISTINE L.RICHARDSON W.CURT EALY• DANIEL J.McHUGH SHARYL WALKER JOANE GARCIA-COLSON 1 THOMAS S.SLOVAK* HOWARD B.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER JOHN E.BROWN* STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL* MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD MEREDITH A.JURY' JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES DURNEY OF COUNSEL MICHAEL GRANT* MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE JAMES B.CORISON FRANCIS J.BAUM• J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY I.ANDERSON I ANNE T.THOMAS* VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHERY• JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN,SR. DINA O.HARRIS WILLIAM W.FLOYD,JR. JACK B.CLARKE,JR. KENNETH R.WEISS MICHAEL A.CRISTE• BRIAN M.LEWIS SUSAN C.NAUSS GREGORY L.HAROKE JEANNETTE A.PETERSON CHRISTOPHER DODSON OFFICES IN KENDALL H.MaeVEY BRADLEY E.NEUFELD BERNIE L.WILLIAMSON PALM SPRINGS(619)325-7264 CLARK H.ALSOP• KANDY LEE ALLEN ' ELAINE E.HILL RAYMOND BEST(1868.1957) RANCHO MIRAGE(619)568-2611 DAVID J.ERWIN• ELISE K.TRAYNUM KEVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) ONTAMIR(714)989-8584 MICHAEL J.ANOELSON• WILLIAM D.DAHLING,JR. JAMES B.GILPIN EUGENE BEST(1893-1981) •A PROFESSIONAL CORPORATION December 10, 1992 Maggie Pacheco Redevelopment Project Coordinator City of Fontana 8353 Sierra Avenue Fontana, CA 92335 • Re: Baseline Road/Almeria Avenue Sewer Project - North Fontana Dear Maggie: Enclosed is a copy of the appraisal prepared by Donahue & Company of the underground sewer line easement to be acquired from Presley Homes. The appraisal is confidential and should not be provided to the property owner or anyone else without first consulting with the City Attorney. If you have any questions, please do not hesitate to call. Ve-• truly yours, • fir Lisa M. j berg Leg:1As t Be• , Best & Krieger Enclosure LMH144181 . 1 DONAHUE & COMPANY, INC. PROPERTY AND URBAN ECONOMICS IJOHN C. DONAHUE 23 CORPORATE PLAZA DRIVE, SUITE 160 TELEPHONES MICHAEL F. WALDRON NEWPORT BEACH. CALIFORNIA 92660 (7(4) 760-3166 MICHAEL A. TAYLOR (800) 734-0074 NORMAN CANTOR FACSIMILE BARBARA L. ZACHRY (714) 760-5496 111 KEVIN J. DONAHUE PETROS BERHANE LAWRENCE M. MAXWELL JEFF KAUTTU CHARLES P. FOX I DANIEL C. TAYLOR December 2, 1992 IMr. Kendall H. MacVey Re: Acquisition Appraisal Attorney at Law Sanitary Sewer Easement I Best, Best & Krieger Almeria Avenue from 400 Mission Square Baseline Road to Walnut Street 3750 University Avenue Fontana, California Riverside, California 92501 IOur File No. 4800 , IDear Mr. MacVey: In accordance with your request and authorization to proceed, we have completed our I appraisal of the above-referenced property and herewith submit four(4) copies of this letter report summarizing our findings and setting forth our estimate of value. The purpose and function of this appraisal is to provide an estimate of value for an underground sewer I easement in favor of the City of Fontana in order for them to make a deposit in court and obtain an Order For Possession. ISubject Easement Description The subject easement lies wholly within the proposed street right-of-way of Almeria Avenue, I from Baseline Road northerly to Walnut Street,and also within a portion of Walnut Street, in the City of Fontana, County of San Bernardino, State of California. Reference is made the Location Map included in this report. Ito Almeria Avenue and Walnut Street are proposed public streets in Tract No. 12314, Map Book 240, Pages 3 through 10. Full sewer easement and legal descriptions of the subject ' are included in this report,along with deed plats and a composite of San Bernardino County Tax Assessor Maps. It should be pointed out that although Almeria Avenue is shown as 49 feet wide from the centerline of Baseline Road north 632 feet, an additional 15 foot Ieasement for street purposes adjacent on the west of this reach (obtained by the City in 1990) provides the full 64 feet required for the subject easement. IThe subject easement was physically inspected and photographs were taken on November 12, 1992, establishing the effective date of value. These photographs are included in this report. 1 1 Mr. Kendall H. MacVey -2- December 2, 1992 1 Subject Tract Tract No. 12314 was filed with the City and has reportedly received final approval,although development of this single family residential tract has not yet commenced. It is still vacant land, generally level and at grade with Baseline Road. A condition of the tract approval process was that the City would not accept dedication of the streets as public rights-of-way until all street improvements are in and complete. According to Assessor records, the owner of the tract is: The Presley Companies anies 19 Corporate Plaza Newport Beach, California 92660 Highest and Best Use The highest and best use for the subject property, namely Almeria Avenue and Walnut Street as shown on Tract No. 12314,is as right-of-way for public streets and utilities serving the tract. ' Valuation Since the subject easement lies within proposed dedicated streets of a tract with final ' approval and also lying within an existing 15 foot easement for street purposes, the value of the subject easement can only be nominal, say ' $1,000 ONE THOUSAND DOLLARS ' This nominal amount is measured by a sum considered adequate to cover the costs incurred by the owner for processing the required documents, etc. ' Concluding Comments ' Retained in our files are documents,photographs, maps,work sheets,field notes and other data upon which our opinion is partially based. Mr. Donahue has not physically inspected the subject property. 1 The Appraisal Institute conducts a voluntary program of continuing education for its designated members. MAI's who meet the minimum standards of this program are awarded Mr. Kendall H. MacVey -3- December 2, 1992 ' periodic educational certification. Mr. John C. Donahue, MAI is currently certified under this program. Thank you for this opportunity to again provide appraisal services. Respectfully submitted, ' DONAHUE & COMPANY, INC. •wts-4-y ' Lawrence M. Maxwell Senior Appraiser John C. Donahue, MAI Principal Appraiser JCD/LMM:le 1 1 i i CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE The undersigned does hereby certify that,except as otherwise noted in this appraisal report: 1 1. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 2. I have no personal interest or bias with respect to the subject matter of this appraisal ' report or the parties involved. 3. The compensation received is not contingent upon any action or event resulting from ' the analyses, opinions, or conclusions in, or the use of, this report. 4. To the best of my knowledge and belief the statements of fact contained in this appraisal report,upon which the analyses,opinions and conclusions expressed herein are based, are true and correct. ' 5. The undersigned have made a personal exterior inspection of the property that is the subject of this report except otherwise noted in the preceding transmittal letter. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 7. This appraisal report has been prepared in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. ' 8. No one other than the undersigned prepared the analyses,conclusions and opinions concerning real estate that are set forth in this appraisal report except as noted in the transmittal letter. 9. The use of this report is subject to the requirements of The Appraisal Institute relating to review by its duly authorized representatives. 1 CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE 10. Neither all nor any part of the contents of this report (especially any conclusions as ' to value, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI designation) shall be disseminated to the public through advertising media, public relations media, news media, sales ' media or any other public means of communication without the prior written consent and approval of the undersigned. JAAAA14-4-e-- 144 tiA 6÷..41A 1 CONTINGENT AND LIMITING CONDITIONS 1 UPON WHICH APPRAISAL IS MADE • This report is made expressly subject to the contingent and limiting conditions, factors and assumptions herewith: 1. That the vesting and legal description furnished this appraiser are correct. 2. That measurements and areas furnished by others are correct. No survey has been made for the purpose of this appraisal. 1 3. That the property is appraised as if free and clear of liens and that the title is good and merchantable. 1 4. That no guarantee is made as to the correctness of estimates or opinions furnished by others which have been used in making this appraisal. I5. That no liabilities be assumed on account of inaccuracies in such estimates or opinions. ' 6. That no liability is assumed on account of matters of a legal nature, affecting this property, such as title defects, liens, encroachments, overlapping 1 boundaries, etc. 7. That this appraisal is subject to review upon presentation of data which might be later made available, undisclosed or not available at this writing. 8. That the appraiser herein, by reason of this appraisal, is not required to give 1 testimony or attendance in court or any governmental hearing with reference to the property in question, unless arrangements have previously been made therefore. ' 9. That the maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied. 1 10. 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" O 70t0c01 OIr .0 0. 07 Ia _ --111SEt•NC — AVCNNC1 1 SEWER EASEMENT DESCRIPTION An exclusive, permanent and perpetual easement, together with the P P 9 right to forever maintain, operate, improve, alter, relocate, ' reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as 11 determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: ' See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional ' compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other ' facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without I paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the ' prior written consent of the City. IMH132712 i LEGAL DESCRIPTION - EXHIBIT "A" ' PARCEL 1 : II THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64 .00 FEET WIDE, THE CENTERLINE. OF SAID STRIP BEING DESCRIBED AS FOLLOWS: ' BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH ' QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04 '58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT ' CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58 '39" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59'40" AN ARC DISTANCE OF I127, 74 . FEET; TANGENT TO SAID CURVE, NORTH 0 05 '59" WEST 691 . 87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OP 250.00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45 '49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OP ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT I "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34 '10" AN ARC DISTANCE OP 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A IIRADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00 WEST. • THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE I WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. IIPARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY ' OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: 1 1 1 BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; 1 THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; i NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. i12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR 1 SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT 1 RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. iPARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, -STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, ' PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: 1 BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00 WEST 45.05 FEET TO A POINT HEREINAFTER I REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00" EAST 180.05 FEET TO THE EASTERLY LINE OP SAID TRACT NO. 12314 . THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR I SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. i 1 1 1 1 I 1 I PREPARED UNDER THE PREPARED_ SUPERVISION OF: PREPARED IN THE OFFICE Of !o-� �r MAOOIE AND ASSOCIATES, INC. M.MADOLE CE _14814 DATE SEE SHEET 6 I CONSULTING CIVIL ENGINECAS I WI _ AND LAND►LANNEA$ I 1120 E.1ith 3tr,t `��ofriGN�tf c ` SANTA ANA.CALIFORNIA tZ701 .� `ti Io '\ PHONE 714•is*•244t I IN.tttl/ 1**r.4, to A'Sy•, . i 3\ 2 pp IRM 1d•6.57W I L.•//774' (c..ei,A.,`��.✓ r,m.ry, 1 •Acrzc r•ae.eo• PARCEL 1 I 0. ' ISE 1/4SEC. 36, . wQ .TIN, R 6W, S.B.M. I Q ce I w W 2 I‘, I 6A caevve• e,esc..a., TAP.AGM/ "1 f� I • PO.B..PARCEL 1 I - Md9'•st 0 _G od od Gf' �� BA§ELINE AVENUE c. ALMERIA AVE.(S)— , I EXHIBIT 'A' ICITY OF FONTANA. CALIFORNIA A"r$4 target AS DEED PLAT DTs•+Ns I I • I _ M[M!1[O IN INC OFFICE OF ,vo` MAOOLE AWO ASSOCWTES,INC. �_. CONSULTING CIVIL ENGINEtRt PARCEL 3 N AN0 LAND PLANNERS I TRUE PO.B. PARCEL, .0' �3 � 1.4•• 1520[. 7ti Strh4 SANTA AMA.CALIFORNIACA /ORNIA 112'701 Sef 5/'VW - 4. P 40N[ 714•S3S•24A[ 1546. Q. WALNUT STREET I A/o'o1 D..4/. PC4NT'C PARCEL 3 i I PARCEL 2 I I �I q ALMERIA ?.1..,. - lAVE.(N) I I .. L 4•1o•%ail• I R•csocr 1q h•"54 ,v,e'rOYO'►✓ 123 /3. 0 r•fir 97' 4 /ai/7• 2 40 A.4.1.1200' I TR NO 'Si'- ,••7.,r ` I POINTA1 ,t • P64G0' PQEl. PARCEL Z T. 's 6�• SEC. 36 R 6W s.B. I 1/4 . SE T. ► N' IPARCEL 1 �„- c. ALMERIA AVE. (N) 1 13 I EXHIBIT �A- . SEE SHEET 5 ICITY OF FONTANA. CALIFORNIA wh+voi Navel ' •11t_-, . DEED PLAT Dr...Sig I ISEWER EASEMENT FONTANA, CALIFORNIA - - .. ,.g • g. t ,..y+r li • f, f tT + f• � le4., �fcvt• y . + 4 �r �k� 4. c w -'=""^�-__- ----•v,�, ., el 'y�cr•` ;fin ...� t.. .may I ILooking north from Baseline Road along proposed Almeria Avenue and the subject easement. roux 4 +� r • xYii tiffi � P �:' t w 7` s " : f. C' y#+.s._•' 4*-',"': h Kai . fin,._' , • a3 r y.w:• ^r„ .�.• . C� . 'L . 4,s 1.. �t� 4:11r �x q • '..4 1 ra T . I - ,..,.. +.1,47 *6 .r• ; ,4',1., . ,..:1, - ...3,;,.... ....". ' -4-.1' ,.....,.. . ....... .. ,. .. ..,,k.........., , . 4, - Northerly view from the proposed intersection of Almeria Avenue and Winchester Court. I DONAHUE&COMPANY,INC I • I SEWER EASEMENT FONTANA, CALIFORNIA • r ` k1#Si :r 3 c , •rw• ,w c --— 7, .44 ,ar 17' • Rift ..sec .�,qA,?A' R .m.i.i ,-w.. ..xo .. Mm,.... __ I .,. /'v/may/^� K �f ��l{"��R1's.9 "it 1.;�I... -A +T" gyp. • Looking south from Walnut Street along the subject easement. I • I I . 1 ` I I I DONAHUE&COMPANY.INC 1 r LAW OFFICES OF BEST, BEST & KRIEGER Maggie Pacheco Redevelopment Project Coordinator December 29, 1992 Page 2 take challenge. While it is unlikely that they will prevail in either case, the risk must be considered prior to the City taking actual possession of the easement and building the works of improvement. I have already received a telephone call from Presley's counsel inquiring as to the reasons the City is proceeding with condemnation. I responded that the City needs possession now in order to complete construction of the sewer project, but that this should have no effect on negotiations..for the smer:reimbursement agreement. However, I would not be surprised if Presley attempts to challenge the Order for Possession, contending that it is an attempt by the City to obtain leverage in these negotiations. Because we are now in litigation, it is important that I be kept informed of the status of the negotiations. If you wish to discuss this further or have any questions, please do not hesitate to call. Very truly yours, Pia Kendall H. MacVe of Best, Best & Krieger cc: Jay M. Corey, City Manager Greg Hulsizer, Community Development Director Stephen P. Deitsch, Esq., City Attorney • LMH146632 (el° is PRESLE CP • 'l..J,-• j to�^ N .;\Thalip erilMeJ/ r, -0 SOUTHERN CALIFORNIA DIVISION C 199� �' �•r� a F \�. , y\�5a.. ,ccr December 29, 1992 ,' ,,' City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Sewer Construction across Presley property Attention: Maggie Pacheco Dear Ms. Pacheco: Find a copy of the letter forwarded to Felipe Molinos on December 21, 1992. As a follow-up to further discussions with Felipe, this letter is permission to reuse rock under 12 inches in diameter in the trench backfill and stockpile per the approval of your full time Soils Engineers Inspector. All rock over 12 inches in diameter is to be removed from the site. I If you have any questions, please contact me immediately. Sincerely, CS212aLLL,‘, a2_, Alan D. Uman Vice President Engineering ADU:kb CC: Milt Madole Steve Jones 19 Corporate Plaza, Newport Beach, California 92660• (714) 640-6400 FAX (714)640-1643 Post Office Box 6110, Newport Beach, California 92658-6110 • , fly • SOUTHERN CALIFORNIA DIVISION December 21, 1992 • City of Fontana 8353 Sierra Avenue Fontana, Ca. 92335 RE: Sewer Construction across Presley property Attention: Felipe Molinos Dear Mr. Molinos: • As a follow up to our conversation, Milt Madole of Madole Engineering has created a stock pile plan for excess dirt generated from the sewer construction. It is agreed that the dirt only generated from the construction within Presley's property can be stock piled on Presley's property per the stock pile plan. This is with the understanding that the dirt stock piled on Presley's property will not contain any rocks. Rocks are to be hauled from the subject site. • If you have any questions, please contact Milt Madole or myself. Sincerely, Alan D. Uman Vice President Engineering cc: Milt Madole Steve Jones 19 Corporate plaza,Newport Beach, California 92660•(714)640-6400 FAX(714)640-1643 Post Office Box 6110,Newport Beach, California 92658-6110 • ` I I i I t III 41, Pi i /' Imo ` a filt?er -. .. .. 4ho so aub LI k. 1647111111\4%, C, il Plijill .- 2 .,- I ,1 r r � • s ` r, • ... al a _ Fontana .. .... NORTH FONTANA REDEVELOPMENT PROJECT AREA BIENNIAL REPORT 1991 r " , Fontana Redevelopment Agency Fontana, California Downtown Redevelopment Project Biennial Report • -1991- Table of Contents Page * The Fontana Redevelopment Agency 1 * Introduction 2 * North Fontana Project Area Background and 3 Description * North Fontana Project Area Boundaries (Map) 4 * Table of Incremental Values 5 * Growth of Incremental Assessed Valuation 6 * Owner Participation Agreements 7 * Map: Owner Participation Agreements 9 * Development Activities and Future Potential 10 New Development * Map: Development Activities and Future 12 New Development * Achievement of Plan Goals and Accomplishments 13 * Goals 1991 1993 14 . The Fontana Redevelopment Agency The Fontana Redevelopment Agency is a separate legal entity created and governed by California Community Redevelopment Law. The Agency Board oversees all redevelopment activities within the City and is comprised of four City Council Members and the Mayor. The Redevelopment Agency is a division within the Community Development Department of the City and it is headed by the City Manager, serving as Executive Director, and the Redevelopment Manager who is responsible for the daily administration of the Agency. The members are as follows: Gary E. Boyles, Chairman Ben L. Abernathy, Vice-Chairman William Kragness, Member • Patricia M. Murray, Member David E. Eshleman, Member Staff to the Agency Kathy Montoya, Agency Secretary Russell A. Carlsen, Executive Director Greg Hulsizer, Deputy City Manager David J. Martinez, Community Development Director Don Gee, Redevelopment & Housing Manager Best, Best i Krieger, Agency Attorney -1- I Y INTRODUCTION Section 33348.5 of the California Community Redevelopment Law requires that every Agency of a City with a population greater than 75,000 hold a public hearing every two years to review each of its redevelopment plans and evaluate its progress. This Report is intended to provide information necessary for the Fontana Redevelopment, Agency to complete such a review and evaluation of the progress of the North Fontana Redevelopment Plan. • -2- y North Fontana Redevelopment Project Area Background and Description Background The North Fontana Redevelopment Plan was established by the Fontana City Council by Ordinance No. 739 adopted December 21, 1982, under the provisions of the Redevelopment Law. The purpose of the plan is to eliminate existing blighted conditions, and to revitalize and enhance the area by the provision of necessary public improvements and facilities to the extent that it will no longer constitute a serious physical , social or economic burden to the Community. Project Area Description The Project Area basically encompasses major portions of the northern area of the City from Foothill Boulevard to Interstate 15 on the northwest to the City boundaries immediately east of Sierra Avenue. The Project Area boundaries include approximately 14.5 square miles of land, or about 8,960 acres of primarily vacant land. . -3- a y. ( • • ` •,• \\\♦\♦\ ►\\\\ \ • \\\\\\ ►\\1 Q • \\\\\♦♦♦ ►v\ `4 ••4 \\\\\\\\\ ►\\ • •\\♦♦♦♦\\♦\ \\\� Q ••k -\\\\\\♦\♦\\\ \\♦1 1 • • \\\\\\\\\\\♦ ►\ti '` \ \\\\\♦\♦\\\\ ►♦ \\ \\\\♦\\♦\\\\ ►♦ i I•• ♦\t \\\\\\\\\♦\\ ►\ 1 \♦\\\\ ♦ \\\\\\\\\ ►\t' \\♦\\ `\\♦♦\\♦♦♦\\ \\ I \♦\\\\ \\\♦\\\\\\\\ ►\• ♦\♦\♦\\ \\\\♦\\♦♦\\\A\ L. ". \♦\♦♦\♦\ \\\♦\\\\♦\\\ ►♦\ • \\♦♦\\\\\ ♦♦♦\\♦♦\\\\\ .♦\• r.".0 \\\\\\♦ ♦\♦♦♦\\\\\\\ .\\' .► i' \ \\\\\ ♦♦♦♦\\ \ `..♦\\\ \\♦\\ \\\' \\\\\\\♦♦♦♦\♦ ` \`\\\\ \\`\\ .♦ .' \\\\\\♦ ♦ \ \\ \♦ .♦♦ \\♦♦ \\\\ \\ \\ \' AV. 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Dayton Hudson Corporation (Target Stores Distribution Facility) Description: On November 19, 1985, the Agency approved the Owner Participation Agreement - Dayton-Hudson. This Agreement outlined the development of a 1.4 million sq. ft. warehouse distribution facility for Target Stores, situated on an 85 acre site located at Redwood and Miller. The Agency assisted by reimbursing Dayton-Hudson a portion of the net property tax increment generated by the project on an annual fiscal year basis. The term of the agreement is for eight years, beginning with the 1988-89 fiscal year. The net tax increment equals 52% of the property taxes generated by the development. The reimbursement percentage is as follows: Years 1-5 757. Year 6 50% Years 7-8* 33% * For year eight, the maximum reimbursement is $350,000. The OPA was amended in 1987 in order to advance Dayton-Hudson $350,000 during fiscal year 1988-89, which would offset that portion of the net tax increment payable for the eighth fiscal year. The Project was completed on April 4, 1989. 2. BD Fontana West End Venture (Village of Heritage) On November 26, 1985, (and as amended) , the Agency entered into an Agreement with the Developer. The Village of Heritage is currently the main development within the Project Area, comprised of approximately 1,400 acres. This mixed-use development is a specific plan area known as the West End Specific Plan. The Plan contains 2,724 detached single family dwelling units and 1,099 apartment units. Approximately 100 acres of land are designated for office uses, 27 acres of land are planned for retail uses, 370 acres are planned for industrial development and 14 acres are planned for medical uses. To date, 2,100 residential building permits have been issued and 1,600 occupancy permits have been granted. -7- The November, 1985 Agreement was later amended on March 18, 1987, to dissolve the limited partnership, and the Developer purchased the Agency's interest in the limited partnership for the sum of $2 million, payable in three (3) installments. This Agreement was later amended on December 17, 1985. The amended Agreement provided the' Developer and Agency be required to cause the construction and installation of certain public improvements within the Specific Plan Area. In January, 1991, the City, Agency and Developer entered into a Settlement Agreement in order to resolve disputes which' arose between the parties. Under the Agreement the' Agency assumed responsibility for the completion of infrastructure improvements, and to provide the developer, with $26 million as reimbursement for costs of public improvements originally constructed ' by the Developer. Additionally, the Agency has agreed to purchase from the Developer 42 acres of land located east of East Street' between Miller Avenue and Day Canyon Drive, and west of West Liberty Parkway for the sum of $6.1 million., Moreover, the Agency has agreed to issue up to $10 million in bonds to be delivered to the Developer. In return, the Developer will 'construct certain public' improvements including 85.5 acres of park and school sites. The implementation of the West End. Specific Plan prompted numerous development activities within the area. Those' projects are specifically noted on Page 10 of this report. • -8- . % �o / x.,,, 4.. (,, A \ sat‘ . , \./ \ SIERRA ENGINEERING) SIERRA RIDGE ����� 1 .// / \\\ I •% ao a! (HUNTER'S RIDGE \\\ • /. ' Av. \ ./ /LA CUESTA ..,..k.• v A LYTLE CREEK j ,\\ \ / .it. SIERRA LAKES) I , MIG AV. \ :.\\. 4-` WE A \STG TE c, / ti \�\ CA IFORKIA LANDIN� 3 3/ W v A .�\ 'WALNUT YILLAi .� .� .�\ yr i W1\ \ % \ \\ ,,, •ROMENADE / 4 i 6*, / 1 RASE 11��\\� \\c..Y `.; / \\�\�,;, :j"tryy_-Fzz RANCHO ONTANA • * j. , \�W ST ��i�/,, . I • V <:\\\ \ 2 \ ```l \ 7 \ \ \.• (NORTHGATE FOOTHILL 1......... ARROW WY. S.P. R.R. - OWNER PARTICIPATION AGREEMENTS I DAYTON HUDSON 2 VILLAGE OF HERITAGE —9— I { r . North Fontana Redevelopment Project Area Development Activities and Future Potential New Development I. Recent Redevelopment Activities No. of Units or Square Feet * Heritage West Developments: North Impressions (Laing) 19 units sold Falcons Pointe (Russell/Packard) 69 units sold Cantamar (Inalnd Pacific) 10 units sold Monticello (Zeliner) 51 units sold The Estates (Inland Pacific) 1 unit sold Saratoga (Republic) 24 units sold Bel Tiara (Manning) 53 units sold 227 Total Units * Heritage East Developments: Cambridge (Zeliner) 90 units planned Bentley Park (Zellner) 65 units planned Sierra Palms (Watt) 112 units sold/planned Pacific Scene (Pacific Scene) 117 units sold/planned Sienna (Baywood) 76 units planned Springfield (Standard Pacific)1 115 units sold/planned Summer Place II (Rockfield) 133 units sold/planned Autumn Glen (Lusk- 220 units sold/planned Saratoga II (Republic) 109 units sold/planned Bell Tiara II (Manning) 63 units sold/planned California Oasis (Kaufman) 289 units sold/planned 1389 Total Units * Commercial Development: S.iarra- Engineering Storage 174,000 sq.ft. unjlerway Ellis; Sloan, Burnett Warehouses. 308,468- sq.ft. complete Barclay Village Retail 26,000 sq.ft. planned Bermant Industrial Lofts 177,584 sq.ft. planned Dayton-Hudson (Target:- 1 400.000 sq. ft. cdMpleted Facility) 2,086,052 Total Sq. Ft. a. -10- 1 * Indicates Projects that have been assisted by Agency, or benefited by Agency assistance. II. Future Potential New Developments Residential developments which have not commenced construction, but may occur over the remaining life of the Redevelopment Plan include possible additional capacity totaling of over .9,400 units. This additional housing is presented in pending proposals or Specific Plans currently under review and consideration, but not limited to: Potenti al Housing Units Housing Developments Proposed: Sierra Engineering Corporation 112 Approved. Specific Plans: La Cuesta Specific Plan +500 Sierra Lakes Specific Plan +1,500 Rancho Fontana Specific Plan 2,295 Proposed Specific Plans: California Landings Specific Plan 750 Lytle Creek Specific Plan 866 Promenade Specific Plan 340 Westgate Specific Plan +2.500 Total Potential Housing Units 8,863 Units Note: Refer to attached map which shows Proposed Projects. -11 I 4 a\ / • c1/4.N."-' , . 3 9 i. [SIERRA ENGINEERINGifk \ SIERRA RIDGE \\\\\\ 11 % \ al� / Q \\\ ,!HUNTER'S R 1 E • W"/ 4 i Av. \ •`t , R m it CUESTA! 5 0 / • \-LTLE CREEK , �\ / • !SIERRA LAKES! O.1 \ MIG •�� �► .`!WESTGATE 7 N.: .. ♦�y \` [CALIFORNIA LANDINGS �. r r, V CTOR A AV ��\ \ liuti.k 9 \s,, [WALNUT VILLAGE lir1\ PROMENADE j § g SASE '�'� \ ..\� ‘ N /.W.�//i 6 •� `a `� 5s \"\\\�\\•\ 1 1 12 (RANCHO• FONTANA 14 W km �; NEST ENO(! 15 l�li/. �14 d i \ _ ~:\ p . \\� \.' INORTHGATE FOO1wr1I I!- ����\\\�\���\\\\�\��-- `� . 11 ‘ i i ARRQW MO. s.v. a.a..l DEVELOPMENT ACTIVITIES AND FUTURE POTENTIAL NEW DEVELOPMENT 1 HERITAGE WEST DEVELOPMENT 11 SIERRA ENGINEERING, STORAGE 2 HERITAGE EAST DEVELOPMENT 12 ELLIS ET AL WAREHOUSE 3 SIERRA ENGINEERING CORP 13 BARCLAY VILLAGE RETAIL CENTEI 4 LA CUESTA SPECIFIC PLAN 14 BERMANT INDUSTRIAL LOFTS 5 SIERRA LAKES SPECIFIC PLAN 15 DAYTON-HUDSON - TARGET 6 RANCHO FONTANA SPECIFIC PLAN 7 CALIF LANDINGS SPECIFIC PLAN 8 LYTLE CREEK SPECIFIC PLAN 9 PROMENADE SPECIFIC PLAN 10 WESTGATE SPECIFIC PLAN -12- North Fontana Redevelopment Project Area Achievement of Plan Goals The first column of the following chart lists the goals of the Redevelopment Plan at the time of adoption. The second column summarizes the degree of accomplishment of each goal . Goal Accomplishment 1. Eliminate and prevent the Redevelopment has reduced or eliminated conditions of blight and the blight by providing for the expansion of spread thereof in the Project police facilities at the Fontana Civic Area. Center, and by providing financial assistance (by issuance of bonds) to encourage development which eradicated blight from several hundred acres of the 8,960 acre project area. 2. Pursue the Redevelopment Plan Among the causes of blight in the project objectives to insure, as far area are inadequate public improvements, as possible, that causes of public facilities and utilities. blighting conditions in the Construction of infrastructure, most project area will be either notably in the Village;of Heritage and eliminated or protected , currently beginning in the Highland Haven against. Target Area, have addressed the causes of blight, and serve to protect against the reoccurance of blighting conditions. The Agency continues to address the problems of inadequate street layouts, irregular lot sizes and improperly utilized properties. 3. Provide incentives to owners All major Redevelopment activities in the in the Project Area. Project Area have been carried out through agreements with owner-participants. • It is the policy of the Agency to afford financial opportunities for participation by owners and tenants wherever compatible with the goals of the plan. 4. Encourage and foster the Almost $800 million of new value has been economic revitalization of created in the Project Area since its the Project Area. inception as a result of direct and indirect Agency assistance. Although no total count of jobs created has been performed, hundreds of jobs exist in facilities constructed since 1982. This goal has certainly been achieved. -13- North Fontana Redevelopment Project Area Goals and Objectives 1991 - 1993 1. Village of Heritage Completion of the obligations of the Agency and the City with respect to the January, 1991, Settlement. Agreement, including the issuance of needed Tax Allocation Bonds. 2. 'Housing and Infrastructure Revitalization Program' - Highland Haven Residential Target Area. The implementation of the construction of several needed public • improvements within this blighted residential neighborhood such as sewer, storm drains, streets, sidewalks, gutters, etc. Additionally, the Agency will explore the possibility of developing approximately 10-15 infill housing units for low and moderate income households. 3. North Fontana Master Infrastructure and Services Study and Plan. The City is embarking on a Plan which will analyze infrastructure deficiencies and costs within North Fontana prior to any further development occurring. It is expected that the final plan will necessitate the installation of major public improvements beyond the funding capability of private enterprise. It is very likely that the Agency may be a participant in the implementation of this plan. 4. Grand Sierra Corridor Concept Plan. The Agency has retained The Arroyo Group (TAG) to provide conceptual development standards for Sierra Avenue which would establish a 260 foot right-of-way along Sierra Avenue between Baseline Avenue and the I-215 Freeway. Implementation of this project will provide an opportunity to create an upscale beautification thoroughfare plan for this area. 5. Development of Fire Station. Participate in the design and construction of Temporary Fire Station No. 78, and permanent Fire Station No. 78 and 79 per Agency obligation to the Central Valley Fire Protection District. -14- X7/ 74O 5 y 9 ,::, Recording requested by . w 82-111670 City of Fontana When recorded mail to RECORDED IN OFFICIAL RECORDS • City of Fontana P. 0. Box 518 nu JUN -8 AM U:.32 228-131-14 & -15 Fontana, California H8 SA N cE . S 92335 E CO., CALIFNA .D{NO EASEMENT DEED Documentary Tax Due $ N Noone By: ,e4kC (Grantors) SUNSHINE FOODS - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Does Hereby Grant to the CITY OF FONTANA, a Municipal Corporation, an easement for Street aria-highway purposes over, under and upon "sthe real property in the city of Fontana, County of San Bernardino, State of California, described as follows: } The properties described are portions of the'Southwest'quarter of the Southwest quarter `'c u of the Southeast quarter of Section 36, Township 1 North, Range 6 West, San Bernardino �- Base and Meridian, according'to'United States Government Township plat approved by the IMF Surveyor General November 13, 1885, more particularly designated as "Parcel 1" and pi-, "Parcel 2" as described below: '. `" , Parcel 1: The West 3 feet of the East 53 feet of the above described Southwest quarter Fa EXCEPTING THEREFROM the South 30 feet. 0 • Parcel 2: Commencing at the Southeast corner of the above described Southwest quarter; thence N 0° 05' 36" W 30.00 feet along the Easterly line of said Southwest quarter; thence S 89 52' 20" W 53.00 feet along a line parallel to and 30.00 feet Northerly of the Southerly line of said Southwest quarter to the True Point of Beginning; thence continuing along last mentioned line 43.00 feet; thence N 44° 52' 20" E 60.81 feet; thence S 0 05' 36" E 43.00 feet back to the True Point of Beginning. • STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO M -1 SS. j SUNSHINE FOODS On this _ ) LGr C/- aday of t... win the year one tho x t C S, I nine himdr before mt I a NotaQ L n � f20;tnd State personapri appeared .... i - 1..h :heZ said known to me to be.the t� Presid • and This is to certify that the interest in etO { real property conveyed by the within known to me to be the Secretary u� instrument to the City of Fontana, Celi- of a corporation that executed the within instrument, and fornia, a municipal corporation, is kno to me to be the persons who executed the within .ae. hereby accepted by order of the City inst meet on behalf of the corporation therein named, and Council oII May 20, 1982, and the a wledged to me that such corporation executed the same, and acknowledged to me that such corporation executed the Grantee consents to the recordation within instrument pursuant to its by-laws resolution of thereof by its duly authorized officer. Its"board of directors WITNESS my official a-1' day and in this • CITY C! FONTANA certificate first a 'tt -i 2 i (SEAL) �l��! �-, By: /~ /� Notary Public' f ' County and State Parcel .�'l q$3 My Commission expires J/ �, c /�b� - _jiZ it) r.,‘ kL) r 45 / G 17y ,e WI W N ()AIL,y . , � ' GiTr S 1 ► 3 , 4 s"-- 4;( 4.2../c.,ni 36.7 1,z..1 41:NA.2:ie... • fiz.i //, .sw.o of/he sw./iIMe 5E.0piS.rc•3G $ - ' • �• ' • ' I V 1 • /',€e/''L• ;'t 1.% • •V µ er qriIII C4: • a' e 5 erft 1c"w T./.4e. kI �I. 4h 5..2. ./.45. sw./* ,,e/he S.W.* -/ of ,DASEL/NE ra a 41 e' W • ,W Ponce/ "/ D.D./l3 Pore/ -t o it/t TOTAL AG...4 e0 Ar . • Approved Pared No. 1 - CITY OF FONTANA. CALIFORNIA ‘f d •t'PZ 7 Icl&S 1 DEED PLAT Drum'87l ,f/eK r r F A X C 1 ' T Y o f C A L I P O R N I •A COMMUNICATIONS • FRO M FAX NO. ( ) ' 3 5 0 - 7 6 9 1 PLEASE 'DELIVER THE FOLLOWING PAGES TO: • N NAM E i e P xE --1") LOCATION: O✓1 .� l.tA./ LOCATIONs 4 0 ! 3/ T FAX NUMBERS l '1/Y)r7/4 yy[.PHONES _ FROM: 1 T Cic1 N LOCATION: �' i / 'I -a b - -7J q J ACCOUNT NO. CSC —1... ?34 PHONES • TOTAL NUMBER OF PAGES: MATE, /'-✓2- TIMES I- ^r"' • (including cover si .+ ) MESSAGE: �cp ✓1.� 3 ' Cc: • FAX CHARGE IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.50 THEREAFTER. PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF $ AND MAIi. TOs CITY OF FONTANA. P.O.110X 5191. FONTANA. CA. 92334 1�� FROM s �?► ���,;r nos. crummy / 'Firm. V� • .� address phone no. • �� NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT 4...Flr` `3t~'' (ACC..NO.010-0316-2100) AAiN. 1092 SKY— TRA • NSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT • ** COUNT # 3 • *** SEND *** NO REMOTE STATION I. D. START TIME DURATION #PAGES COMMENT 1 12- 2-92 4:52PM 2'08" 3 TOTAL • 0:02'09" 3 XEROX TELECOPIER 7021 , . J. r FAX A X CITY OF: CAL IFOR NIA COMMUNICATIONS 9o9 FROM FAX NO. [- ] 350 - 7691 1::/ PLEASE DELIVER THE FOLLOWING PAGES TO: N NAME: LaMV WA-7( ---1) 6 rVeN_h(452./ LOCATION: . —2 4 O 31 Ho ■ FAX NUMBER: 0(1)-21(0- cY%PHONE: FROM: 'VIA ACam.: 6),,,,,kc..„ LOCATION: ( 1( 9 ) 3 5- D 74 q / ACCOUNT NO. 350 -4.159 / PHONE: A TOTAL NUMBER OF PAGES: DATE: 16212 TINE: g if (including cover s eet) MESSAGE: A.. 3 / e CC: FAX CHARGE IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.50 THEREAFTER. ' PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF $ AND MAIL TO: CITY OF FONTANA, P.O.BOX 518, FONTANA, CA. 92334 T1 ilE FROM: ,. ,�,,, '),". name company / firm -7-. c'' ity ��yil: :,�,��. •.'�' address phone no. 7* ,�'.,`j r" "c NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT 4 • ��.� (ACC.N0.010-0316-2100) JAN. 1992 SKY-- RECORDING REQUESTED BY CITY OF FONTANA Recording Fees Exempt Pursuant to WHEN RECORDED MAIL TO: Government Code §27383 CITY OF FONTANA P. 0. BOX 518 FONTANA, CA 92334 ATTN: ENGINEERING DIVISION APN - NONE (ALMERIA AVENUE AND WALNUT STREET) ADDRESS - N/A BUILDING PERMIT - ALMERIA AVENUE TRUNK SEWER DOCUMENTARY TAX DUE: NONE BY: EASEMENT DEED THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION (Grantor) • • FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, does hereby grant to the CITY OF FONTANA, a Municipal Corporation (Grantee) , a non-exclusive, non-assignable easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana, County of San Bernardino, State of California, described as follows (Property) : PARCEL 1: THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628.64FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04'58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF. SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CKRYHAL 23000 75391 OF 8 59'40" AN ARC DISTANCE OF 117.74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59'.' WEST 691.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250. 00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45'49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO. AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30. 00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134 . 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04'58"WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C" . THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30. 00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51'00" EAST AND .WHICH PASSES THROUGH POINT"C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS CKRYHAL 23000 75391 BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51' 00" WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET,, NORTH 89 51'00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. Said described parcels are as shown on Exhibit "A" attached hereto and incorporated herein by this reference. PROVIDED, HOWEVER, that Grantee shall pay and discharge any mechanics' liens or any other claims and demands filed against the Property within thirty (30) days after the date of filing thereof, and shall indemnify, defend and hold Grantor free and harmless from and against any and all loss, cost (including, without limitation, attorneys' fees) , damages, expense or liability for or in connection with such liens, claims or demands. PROVIDED, FURTHER, HOWEVER, that this easement deed is being delivered to Best, Best & Krieger in trust and shall not become effective or be recorded until the following events have occurred: (1) the City Council of the City of Fontana has approved and has directed the City Manager to execute that certain Master Plan Sewer System Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "1" and incorporated herein by this reference ("Sewer Agreement") and the City of Fontana and Grantor have executed the Sewer Agreement; and (2) the governing body of the Fontana Redevelopment Agency has formally approved and has directed the Executive Director of the Fontana Redevelopment Agency to execute that certain Detention Basin Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "2" ("Detention Basin Agreement") and the Fontana Redevelopment Agency and Grantor have executed the Detention Basin Agreement. Grantor hereby irrevocably instructs Best, Best & Krieger to record this easement deed immediately upon, or as soon as possible after, execution of the Sewer Agreement by the City of Fontana and Grantor and execution of the Detention Basin Agreement by the Fontana Redevelopment Agency and Grantor, whichever occurs later. In the event that the Sewer Agreement and Detention Basin Agreement are not fully executed on or before March 16, 1993, this easement deed • CKRYHAL 23000 75391 shall not be recorded and Grantee shall release this easement by executing a quitclaim deed. Dated this .29 day of 5-oirlOpq , 1993 . THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION BY: > By: ! LC JCIiYYiI�-� Alan D. Uman, Vice President Doroth Luman, Assistant Secretary CKRYHAL 23000 75391 -4- STATE OF CALIFORNIA This is to certify S.S. that the interest in COUNTY OF ORANGE real property con- veyed by the deed or grant dated On f-.,����� , 1993 , before me, �'j�,efi, i1AifyzS , PERSONALLY APPEARE Alan from THE PRESLEY D. Uman and Dorothy Luman, personally COMPANIES, A CALI- known to me (or proved to me on the basis FORNIA CORPORATION, of satisfactory evidence) to be the FORMERLY KNOWN AS person(s) whose name(s) is/are subscribed PRESLEY OF SOUTHERN to the within instrument and acknowledged CALIFORNIA, A CALI- to me that he/she/they executed the same FORNIA CORPORATION in his/her/their authorized capa- to the City of city(ies) , and that by his/her their Fontana, California, signature(s) on the instrument the a Municipal Corpora person(s) , or the entity upon behalf of tion, is hereby which the person(s) acted, executed the accepted by the instrument. undersigned officer pursuant to authori- WITNESS my hand and official seal. ty conferred by res- t „ olution of the City �_�],, Council adopted on Signature , July 16, 1991; and the grantee consents to the recordation (SEAL) thereof by its duly authorized officer. C OFFICIAL SEAL ti MARY R. WALTERS CITY OF FONTANA h :� NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. lune 16. 1993 BY: Robert W. Weddle, P.E. , City Engineer CKRYHAL 23000 75391 -5- ' Y _ v+.ter pp��qq��qq��pp UU PERVIitON R YHE MVANO IN T1 OIf1CS Of SEE SHUT III YAU U AIM Aii0CINTE*,INC, M.M DOLE C E.1�81 OONINLTNIS CIVIL ENSNISIM OM LAND M ANYAM t#I A SARAAWr CALPOMIIA ISM TO f L A • �1 1t�`�. ��, WON J14 q0>lFM 1 s w• .11:�L•t3 * 12 /3.10 ,rf QNtt 0 2AO /C.gym' T S5fJ Nam _ . • . 4,it#5641.•-..4 I . . hp/176d'' rues.&b' . _______, _____ Imo 1 PARCEL 1 SE 1,4 SEC., 3b, (� ; TIN' rRGW S.B.M. t i W t.9...-.51 . . k f Ro.B.1 PARCEL 1 BASELINE AVENUE g.ALMERIA AVE.(S) , l EXHIBIT "A" T OF AppeovoI 1 hood NI. CITY OF FONTANA,CALIFORNIA DEED ;". • • • • • }WARM)IN T%l Orr=Os MAHOLI AND ASSOCIATES,It. • PARCEL 3 'i aa,1 "% c5tam.tl4t Cmti AIM mO LAIRD PL MNDIM TRUE RGM;• PORNTD, + !anL _,� 1�a1�M • MNTA ANA,CALNIOIdM URI sd�V/2V.V MOM 711M■112.11Ni 111•05 WALNUT STREET A/D101.°°4/'r ; Pc487pARCEL • • RAR CEL 2 I • ALMERIA ' 1AVE.CN) • y 1 /3 • •ra 'W 12314 240 ' • r•NA 97' oafn'' e•ert7' - I�. N0• ,4t� '• f' •5 ' p- anti✓ lotlfr PdtJrri A'tcaQo' RC.B• PARCEL 2' T• 7047' SE.C. 36 S1. 141. c. 1/4 - 6V4 • S• -� 1N. • PARCEL 1 ''''"'� ALMERIA AVE. (N) EXHIBIT 'A' sEE 1 sHEE7 s -- jMUT B F� Ayp,Ii Piaui NI& CITY OF PONTANA, CALIFORNIA DEED PLAT bow Mrs • Ex)1ibit 01H Exhibit 1 .consists of the Master Plan Sewer System Reimbursement Agreement, Document Number GCM23345, dated January 27 , 1993 , a copy of which is onIfile with the City Attorney • • • I , cKRYHAL 23000 73391 • it 112,1 Exhibit 2 jconsists of the Detention Basin Reimbursement Agreement, Document 141mber GCl!23442 , dated January 29, 1993 , iat approximately 11: 00 a.m. , a copy of which is on !file with the City Attorney • • CICtYHA L 23003 75391 SENT BY:COX1CASTLE&NICHOLSON ; 1-15-93 ; 3:27PM ; 21327778894 BEST, BEST & KRIEGER;#11 SEWER AGREEMENT ' • EXEIBITS ....._ __._�., . f........ ., , ,... ^.. ....._;. _.. • • • • • • • • • SENT BY:COX, CASTLE&NICHOLSON ; 1-15-93 ; 3:28PM ; 21327779894 BEST, BEST & KRIEGER;#12 • Exhibit "A" • RECORDING REQUESTED BY CITY OF FONTANA WHEN RECORDED MAIL TO: ,,, CITY OF FONTANA P. O. BOX 518 FONTANA, CA 92334 ATTN: ENGINEERING DIVISION APN - NONE (ALMERIA AVENUE AND WALNUT STREET) ADDRESS - N/A BUILDING PERMIT - ALMERIA AVENUE TRUNK SEWER - w DOCUMENTARY TAX DUE: , NONE , BY: EASEMENT DEED THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION (Grantor) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, does hereby grant to the CITY OF FONTANA, a Municipal Corporation (Grantee) , an easement for street, highway and public utility purposes over, under; and upon the real property in the City of Fontana, County of San Bernardino, State of California, described as follows: PARCEL 1: THAT PORTION OF TRACT NO. 12314 IN THE CITY OP FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57 t1 EAST 628.64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH,. RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04/58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'.3 9" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE,TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE M.19 TUAT nannn Patti! SENT BY:COX, CASTLE&NICHOLSON ; 1-15-93 3:28PM ; 2132777859-' BEST, BEST & KRIEGER;#13 OF 8 59'40" AN ARC DISTANCE OF 117.74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; •• • • NORTHEASTERLY ALONG SAIIY CURVE THROUGH.A CENTRAL ANGLE OF 41 4.5'4 9" • • • . AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS •SHOWN ON • SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST . MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE.OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL, BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS • NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAI) BOOK 240, PAGES 3 TO 10 INCLUSIVE, . IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED- IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04'58" WEST 469.37 FEET TO' THE INTERSECTION OF.THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C" • THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OP PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM. A LINE WHICH . BEARS NORTH 89 51'00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF . SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP 07' LAND 60.,00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIEEDAS FOLLOWS: •CKRThAL 23000 73391 SENT BY:COX, CASTLE&NICHOLSON ; 1-15-93 ; 3:29PM ; 21327775894 BEST, BEST & KRIEGER;#14 BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51' 00" WEST 45.05 , FEET TO A POINT,J.iEREINAFTER REFERRED TO AS ` OINT "D","•SAIDrPUINT''"B M.'EING'THE -Pb NT"OrBE TNIYt; ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51'00" EAST 186.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314 . THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. Said described parcels are as shown on Exhibit "A" attached hereto • and incorporated herein by this reference. PROVIDED, HOWEVER, that this easement deed is being delivered to Best, ,Best & Krieger in trust and shall not become effective or be recorded until the following events have occurred: (1) the City Council of the City of Fontana has approved and has directed the City Manager to execute that certain Master Plan Sewer System Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "1" and incorporated herein by this reference ("Sewer Agreement") and the City of Fontana and Grantor have executed the Sewer Agreement; and (2) the governing body of the Fontana Redevelopment Agency has formally approved and has directed the Executive Director of the Fontana Redevelopment Agency to execute that certain Detention Basin Reimbursement Agreement in substantially the same form as attached hereto as Exhibit "2" ("Detention Basin Agreement") and the Fontana Redevelopment Agency and. Grantor have executed the Detention Basin Agreement. Grantor hereby irrevocably instructs Best, Best & Krieger to record this easement deed immediately upon execution of the Sewer Agreement by the City of Fontana and Grantor and execution of the Detention Basin Agreement by the Fontana Redevelopment Agency and Grantor, whichever occurs later. In the event that the Sewer Agreement 'and. Detention Basin Agreement are not fully executed on or before , 1993, this easement deed shall not be recorded and Grantee shall release this easement by executing a quitclaim deed. Dated this day of , 1993. THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION BY: BY; Alan D. Uman, President Dorothy Lumen, Assistant secretary c1 YHAL23000753$'1 SENT BY:COX, CASTLE&NICHOLSON ; 1-15-93 ; 3:30PM ; 2132777889-4 BEST, BEST & KRIEGER;#15 • STATE OF CALIFORNIA This is to certify S.S. that the interest in COUNTY OF ORANGE real properly, con-' ereyec� by.,th'e deed or grant dated On January 5, 1993, before me, PERSONALLY APPEARED Alan . from THE PRESLEY D. Uman and Dorothy Luman, personally COMPANIES, A CALI- known to me (or proved to me on the basis FORNIA CORPORATION, of satisfactory evidence) to be the FORMERLY. KNOWN AS person(e) whose name(s) is/are subscribed PRESLEY OF SOUTHERN to the within instrument and acknowledged CALIFORNIA, A CALI- to me that he/she/they executed the same FORNIA CORPORATION in his/her/their authorized cepa- to the City of city(ies) , and that by his/her their Fontana, California, signature(s) on the instrument the a Municipal Corpora- person(s) , or the entity upon behalf of . tion, is hereby which the person(s) acted, executed the accepted by the instrument. undersigned officer pursuant to authori- WITNESS my hand and official seal. ty conferred by res- olution of the City Council adopted on Signature July 16, 1991; and the grantee consents to the recordation (SEAL) thereof by its duly authorized officer. CITY OF FONTANA BY: Robert W. Weddle, P.E. , City Engineer =MAL230007539:1 -4- _ t''t . ,4 - T •- rWi• ! VA. i 7/i 1. Smitl Art]i 141I), : I1.......-...ail..i.2_.............. r M r er,.. Y1l155 i _ t - w _ - ...,�, ems,.,....- t CCI ! i W]:_._ " " r E I• illin ""A 4 CO • . . ': la..1.., . il 1 7 L 1 7:ti.1.W. Mi. IeW iggligii . •. -4 it 54„,,, ip),„....0• ,,.---. 0,1 i i 74 1* '*-111110151311 . ., 6 _ _ („AL tic -'311 . ire- irmigilig 41 ,,r1 .... }F wa ' - - 1 t i .1° a f is gill ' ' I' ''.111 rivrfitHi-gt -G tanw3�rea 7ktrsrw� end Avenue to :••••••• 3 • ft . sq..nn 3: y antnismn At _.►- ! Pa.orris Arsa». ��� � .fir V ;Segment 92 Tea A��nVs it7a HiM R� �Y4 _ ;-.;r�o- � I A G LA` . a .. �r-- to Mrt ma AVli �`'1-i s icy ra 312..... s r....1_,wi Y•K"' ' ; t 31 Tins ,�. as and Saneria A ruin _ •ti'ap`, c ►� � ' � �. .1. 1 - li to east laa a ]i I s-t : : I t x : s,...--. 4.etrir.A. i 11 1-N 9 1 i a Truk - ,_,,,r. .....1 . :1.orsmaire siasai esi 14 11111 1 V.11—lantsk c:. gi• I• immorTt b...M.I.M1.140.11.11 V.... 0. _ - i t s T uta/t.L.r"' SEGMENT I ir a:uaR w t L 1 + -RI i j::" • ' gong iR a �r '✓�[L * �..- _� _..: _ I aGiC! 74. RHO••g _ 3 • swot MINIM m 1. W SENT BY:COX, CASTLE&NICHOLSCN ; 1-15-93 ; 3:31PM ; 21327?7889-9 BEST1BEST & KRIEGER;#17 EmIBIT "C" Eotirrated Total Project Costs j Segment 1: Design Engineering $ 17,053 (1) Construction Cost $384,143 (2) Construction Engineering $ 38.000 $439,196 Developer Share 0% -0- City Share 100% $439,196 Segment 2: Design Engineering $ 19,320 (1) Construction Cost $213,430 (2) Construction Engineering $ 21,000 $253,750 Developer Share 43.3% $109,874 (3) City Share 56.7% $143,876 (3) Segment 3: Design Engineering $ 3,081 (1) Construction Cost $ 69,267 (2) Construction Engineering $ 7,00Q $ 79, 348 Developer. Share 0% -0- City Share 100% $ 79,348 Design Costs advanced by Developer as of July 1, 1992 Segment 1 $ 17,053 Segment 2 $ 19,320 Segment 3 $ 3,081. $ 39,454 Estimated Reimbursement Developer's Share $109,874 less prepaid design costs $-39,454 Future estimate due ' $ 70,420 (1) Design costs advanced by Developer. (2) See Exhibit C-1. (3) Ratio that Developer responsibility for construction cost bears to the construction cost of Segment 2, as set forth on Exhibit C-1. • - _.... . . • • - . • . . . • - . • ._ • • it •. • • u_i * • co - . Ui ! . I-.. . • .i . r= • . . • - Exhibit "C-1" =sit outs, used lhandigab slim ImoWI alibi ez• : -! . ' isessmisit sinseMaii to.Sitilsoom be*Um - the kers anils14.1 Wirtz,dna m Sh - " ENGINEWS COST EST/HATE CITY AND Ee1rE1OriiT ARE REEroHREELE 1"1""tilm.• .611"ae "4"1"ii am"'PI _ tr31- _I • .t.irir SU imbreauies M mei gaga'rums 1.1.1 DATE: 4-1211-Y1 *Mr EACH seamnir OF THE MASTER PLAN OF SEWERS PROJECT ' "'Na- m 1 ' ' A' ' I A ' 0 RE- ila A I- i 4 AL - hi. A r.o I MN . 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X -- '0 000 '"'' 4 4100." • pe.a.4...p.,e k_LE,;.. iv ) iNgis - --fft P iiiiiiiiiii".11111 C-3 ...4.1.EVELS41173 MOM ; . • =111111.111111.111 >-- • CC1 1 1101111111111111111 i-- 1 . 111.11111111111111111 . .r..- En 1 : SUB-TOTAL ........dt cog lam.. ....._.....•••••••••• ••••T•I gre..a 1:140 47° --41._ 91-.1W •1- . • SENT BY:COX, CASTLE&NICHOLSON ; 1-15-93 ; 3:32PM ; 21327778894 BEST, BEST & KRIEGER;#19 a • j ‘ I . .EXHIBIT p tea_ 4OA � aD` s j 'STOCKPILE EXHIBIT r, BsQAL�-"TD t t ►„� A{j ;� TRACT NO . 1 231 4 r0 ii,lpi,pll'1)0__i_. ii.=i,..!__ ,..‘.. . 4 p I�. -tt4 41, STOCgPILE AREA ` V --, ortri .Ptr ' 1 SSG'fl MN s • 4) 44 f E it Pr, .4701?. V.14.apat,• I1 ' SECTION A A - Nu----• :MO tri.n.•.4 . !zo' r ¢.1 i U 'N Nx ram .7r:c io El g ' %-=.:--1 . ; ' i0 ,‘ f ? 2 C �r >4 14t # • ,+ , D il ., . .'e A4 ilr., 7 , . , ..., -iiiiNkw iN... 1 s . stag INV .1 • • 'r a a TA �g all y`=rig1 �r�lrr� � ._ ? •• a. "Ili !' I lit asu ninel " 1 ' 1:—.- — U i ; II . pas ;REIM rain -; Iksitrit- gig .44-irbak—ez-----• k .• i'r Siel-kr' I ' 111 ' .21; * vp ILE -- it II t 81 i,. A n -.. 0 zig./\; In IOC . i' : t. r 6 Iv131117----.= itli . )^ i --::.111:1 ---.. �b .r a rill 1 - 1 *A 3131 1 --L ' ,1 Ilik $ 1 1, ' la, -ri II $ ' .2--- 3 'S 11 PR t ,, ...,, n s i $ , .0. ? . . '; g fi 1 Er . MI" SIN Eg '.73 41 I 1, `0,. sa I S 0 z. 1 t,imiotiql it. ' . ..,.27..•MIIIPII .... -----••• , ' , 33V . $ 1 • .. .ob Q r 1.ex , ( . .eel ... , l4.Yx S Oil"- t " X..! ! ` •. 1% .. 1 r Extended Page 19. 1 4 / 1 1�s8 t .... ' r fir; it M .• e l rem ''¢ . .- \ cy r�3 . � S\s, ..,.. i t f $I Pr,: gi ro at et 2 ' . p c./I%L , ( ` 1"%% .2O ( b 1.~1 by .k 9 t c y I1 i e ro 1n r ~ �,, • �I4-tip«i iT • 4 I .�.Ir��i '�4 .M � .5 ,W1r REPARED IN THE OFFICE Of 11 101.E AND ASSOCIATES, INC. �,,4.aL.. ,9 �! a:1i 1 i . DNSULTING CIVIL ENGINEERS --.--1 A• 00 ,p+ _ AND LAND PLANNERS --•• , , _ 1820 E.18th Street . a � I�I� I�+ry :."'- � cc ANA,CALIFORNIA!i2?tI1 Y\\ /__ _,- -,� ----- _I MASTER PLAN SEWER SYSTEM REIMBURSEMENT AGREEMENT This Agreement is made and entered into this day of , 1992, by and between the City of Fontana ("City") , a municipal corporation, and Presley of Southern California ("Developer") , a California corporation. RECITALS WHEREAS, Developer owns certain real property known as Tract No. 12314, and Tract No. 10800, located within the City (the "Tract(s) ") ; and . WHEREAS, City as a part of the Master Plan of Sewers Capital Improvement Program (CIP) has planned and budgeted the construction of the Baseline Sewer from the current terminus of the Master Plan of Sewers System at the intersection of Baseline Avenue at Beech Avenue, within Baseline Avenue to Almeria Avenue; and WHEREAS, Developer desires to design, construct and install an extension of City's Master Plan of Sewer System for the purpose of providing sewer services to the Tracts; and WHEREAS, City and Developer's sewer projects are jointly referred to herein as "Master Plan of Sewers Project"; and GCM20061 1 t 4 1 WHEREAS, Developer as a part of the development of Tract(s) is required to construct Master Plan of Sewers within the Tracts and said construction as a part of the Master Plan of Sewer System will benefit other property owners; and WHEREAS, Developer and City recognize that it is in their mutual interest to coordinate the design, construction and installation of the Master Plan of Sewers Project to serve the City's Master Plan of Sewers System and the Tracts so as to efficiently implement City's overall Master Plan of Sewers System and to avoid duplication of facilities; and WHEREAS, Developer's required construction of Master Plan of Sewers System facilities provides supplemental capacity for others, thereby benefitting other properties; and WHEREAS, Developer's construction of sewers for all in tract sewers for the Tracts has been on hold pending City's implementa- tion of a North Fontana Infrastructure Program with a commensurate financing program, but City and Developer now desire to go forward with construction of the Master Plan of Sewers Project notwith- standing the status of the Program; and WHEREAS, City proposes at this time to construct two of the three master planned sewer line segments of the Master Plan of Sewers Project as noted herein in order to provide Master Plan of Sewers System facilities to that area of land known as the GCM20061 -2- • • A Hihland/Haven tract and will construct the third segment at a later time; and WHEREAS, Developer acknowledges its responsibility for repay- ment to City for constructing those facilities required by Tracts that are part of a standard local sewer system. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City of Fontana and Developer hereby agree as follows: AGREEMENT Definitions: (a) "Agreement" shall mean this "Master Plan of Sewers System "Reimbursement Agreement" between the City of Fontana and Presley of Southern California, a California corporation. (b) "City" shall mean the City of Fontana. (c) "Developer" shall mean Presley. of Southern California. (d) "Local System Cost" shall mean the cost of constructing a sewer system with pipe of up to 8" in diameter. (e) "Lowest responsible bidder" shall have the meaning given the term in California Public Contracts Code Section 2000. (f) "Master Plan of Sewers Project" shall mean the construc- tion of three segments described as follows and delineated in Exhibit "A". GCM20061 -3- 1 (g) "Segment 1" shall mean that portion of the Master Plan of Sewers Project sewer systems proposed to be constructed from Baseline Avenue and Beech Avenue to Almeria Avenue. (h) "Segment 2" shall mean that portion of the Master Plan of Sewers Project sewer system proposed to be constructed from Almeria Avenue and Baseline Avenue to Walnut Avenue (Highland/Haven) • (i) "Segment 3" shall mean that portion of the Master Plan of Sewers Project sewer system proposed to be constructed from Baseline Avenue and Almeria Avenue to the east boundary of Tract No. 12314. (j) "Tracts" shall mean Tract No. 12314 and Tract No. 10800 owned by the Developer and located within the City. (k) "Upsizing" shall mean the difference between the cost of constructing a sewer system with pipe of 8" in diameter and the cost of constructing a sewer system with pipe greater than 8" in diameter, based upon the diameter of pipe actually installed. 1. Master Plan of Sewers Project 1.01 The Master Plan of Sewers Project to be constructed shall be divided into three segments as follows and as delineated in "Exhibit A" : 1. Segment 1: Baseline Avenue, Beech Avenue to Almeria Avenue 6CM20061 -4- r ; 4 2. Segment 2: Almeria Avenue, Baseline Avenue to Walnut Avenue (Highland/Haven) 3 . Segment 3: Baseline Avenue, Almeria Avenue to east boundary of Tract No. 12314 1.02 Developer has commenced design upon all three segments of the Master Plan of Sewers Project; however the funding responsibility for each segment is apportioned as follows: City Developer 1. Segment 1: 100% 0. 0% 2. Segment 2: Upsizing Cost Local system cost 3. Segment 3: 100% 0.0% 1. 03 Developer shall promptly furnish to City all design documents, plans and specifications for Segments 1 and 2 which Developer or its agents have completed as of the date of this Agreement. City shall finish and sign off on design of Segment 1 and 2 upon execution of this Agreement and shall put out for bid a contract for construction of sewers for Segment 1 and 2 for award to the lowest responsible bidder within a reasonable period of time following execution of this Agreement._ 1.04 Developer shall complete design of Segment 3 prior to obtaining its first building permit for Tract 12314. This shall be accomplished notwithstanding the status of the construction of Segments 1 and 2. GCM20061 -5- � r ' 1.05 City as set forth in Section 1.03 and 1.04 shall be solely responsible for securing appropriate bids and awarding the contract for construction of the sewer segments in compliance with all applicable federal, state and local laws. 1. 06 Developer shall defend, indemnify and hold City free and harmless from any and all claims, actions or liability whatsoever, including without limitation attorney's fees, arising out of or in connection with Developer's performance of the design of Segments 1, 2 and 3 . 1.07 City shall defend, indemnify, and hold Developer free and harmless from any and all claims, actions or liability whatsoever, including without limitation attorney's fees, arising out of or in connection with City's securing of bids and award and performance of the construction of sewer Segments 1,, 2 and 3. 2. Costs of Construction 2.01 Developer's and City's engineers have estimated the total costs of the design, construction and inspection of the sewer project and that the proportionate share of such estimated cost is: GCM20061 -6- ti City's Developer's Total Construction Share Share Cost Authority Segment 1 $439,196 0.00 $439,196 City Segment 2 $143,876 $109,874 $253,750 City Segment 3 $ 79,348 0.00 $ 79,348 City TOTAL $662,420 $109,874 $722,294 Exhibit "B" attached hereto provides a detailed cost breakdown. The maximum reimbursement available to Developer , from City for design and/or construction of project is $45, 000. 00, unless City, by action of the City Council, approves a higher amount. 2.02 For Segments 1, 2 and 3, City will require progress reports and billings every 30 days from the contractor performing construction of Segments 1, 2 and 3 of the Master Plan of Sewers Project. Upon receipt of such progress reports and billings, City shall be solely responsible for determining their accuracy. 3. Terms of Reimbursement 3.01 Developer shall submit to City an itemized accounting of funds expended in designing Segments 1 and 2. Upon City's approval of said design costs, Developer's proportionate share of the actual costs for Segments 1 and 2 shall be reduced by the amount of design costs, approved by the City, which Developer has advanced for design of Segments 1 and 2. Developer shall pay to City Developer's proportionate share of the actual costs for Segment 2 as generally provided in GCM20061 —7- Y j Section 2.01 and Exhibit "B" within thirty (30) days following the recording of the notice of completion of Segment 2 or prior to issuance of the first building permit for Tract No. 12314, whichever event occurs last. City shall provide Developer an itemized bill for costs incurred. 4. Indemnification Insurance 4.01 Developer shall defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all liability from loss, damage, or injury to or death of persons or property in any manner arising out of or incident to Developer's performance of this Agreement, including without limitation all consequent damages and attorney's fees, whether or not resulting from the negligence of Developer or Developer's agents. This indemnity shall not extend to any claim arising out of the sole negligence of the City. 4.02 City shall defend, indemnify and hold Developer, officers, employees and agents free and harmless from any and all liability from loss, damage or injury to or death of persons or property in any manner arising out of or incident to City's performance of this Agreement, including without limitation all consequential damages and attorney's fees, whether or not resulting from the negligence of City or City's agents. This indemnity shall extend to any claims arising GCM20061 -8- ' because City has failed to secure any necessary easement, land right, contract, and approval, but shall not extend to any claim to the extent that it arises out of the negligence of the Developer. 4.03 Developer acknowledges City will deliver surplus excavated earth material from construction of Segment 1 and 2 of the Project at the agreed upon location within Tract No. 12314, pursuant to the applicable Codes of City and City shall defend, indemnify and hold Developer harmless from any and all liability from loss, damages or injury to or death of persons or property in any manner arising out of or incident to City's contractor's delivery of, and up to the time of delivery of, the uncompacted excavated earth material onto Developer's property, including without limitation all consequential damages and attorney's fees, whether or not resulting from the negligence of the City or City's agents or contractors. City's liability extends only to the delivery of the surplus excavated earth material. Developer's receipt of delivery of the surplus excavated earth material terminates any obligation. of the City to indemnify Developer pursuant to this Section 4.03. Such material shall become the property of Developer upon completion of work. GCM20061 -9- ' 5.' Approval of Sewer Costs Upon completion of all three segments of Master Plan of Sewers Project and final acceptance of Master Plan of Sewers Project, Developer shall, within thirty (30) days provide City with an itemized bill showing all reasonable fees and costs incurred by Developer to design Segment 1, 2 and 3 of the Master Plans of Sewers Project. Such reasonable costs shall be limited to the costs of acquiring necessary land and easements, administrative expenses associated with the Master Plan of Sewers Project, permit fees, and any other associated costs directly and necessarily related to the design and construc- tion of the work excluding the costs of borrowed funds and bonding costs. Developer agrees to provide City with cost bills evidencing costs incurred. Developer also agrees to provide City with any additional information as to any items shown on the cost bill as requested by City's representative from time to time. Following completion of the analysis, City shall advise Developer in writing of any fees or costs shown on the cost bill that City will disallow and the reason why these items are being disallowed by City. Only those design and construction costs approved by City, in its sole dis- cretion, will be allowed for reimbursement in accordance with this Agreement. Upon completion and acceptance of Segments 1 and 2 of the Master Plan of Sewers Project, City shall within thirty (30) GCM20061 -10- , days provide Developer with an itemized bill showing all costs and fees incurred by by City to complete design and to construct Segments 1 and 2 of the Master Plan of Sewers Project, including but not limited to, all costs referred to in this Agreement as being borne solely by City. Such reasonable costs shall be limited to costs of acquiring necessary land and easements, administrative expenses associated with Segments 1 and 2 of the Master Plan of Sewers Project, permit fees and any other associated costs directly and necessarily related to the design and construction of the work. City agrees to provide Developer with access during normal business hours to review City's cost records. Developer shall pay City Developer's proportionate share of said costs within thirty (30) days of receipt of City's itemized bill. If Developer fails to pay its proportionate share within thirty (30) days of receipt of City's itemized bill, the highest legal rate of interest shall begin to accrue from the date City's bill was submitted to Developer. Developer may advise City, in writing, of any fees or costs that Developer disputes. However, City shall have final approval of all costs and expenses relating to design and construction and Developer is obligated to pay its proportionate share of those costs and expenses as approved by City. 6. Dedication of Easements GCM20061 -11- Within fifteen (15) days following the date of this Agreement, Developer shall dedicate sewer easements for Segments ,. 2 a OL_to City and shall prepare and record deeds describing said easements and covenants with the County Recorder and shall as soon as possible thereafter furnish copies of said recorded deeds to City. 7. .Termination In the event that the Developer defaults in the performance of any of its obligations under this Agreement, or materially breaches any of the provisions of this Agreement, City shall have the option to terminate this Agreement upon written notice to Developer. 8. Notice All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose: City Developer City Manager Presley of Southern California City of Fontana 19 Corporate Plaza P.O. Box 518 Newport Beach, CA 92660 Fontana, CA 92334-0158 GCM20061 -12- Such notice shall be deemed made when personally delivered or when mailed, forty eight (48) hours after deposit in the U.S. Mail, first class postage, prepaid and addressed to the party at its applicable address. 9. Terms This Agreement shall be set for a term of ten (10) years from and after the date of its execution. City shall have no obligation whatsoever to Developer upon expiration of the term of this Agreement. 10. Attorney's Fees In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorneys' fees. 11. Entire Agreement This Agreement contains the entire Agreement of the parties hereto with respect to the matters contained herein, and supersedes al negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or GCM20061 -13- I modification of this agreement shall be binding unless consented to by both parties in writing. 12 . Assignment This Agreement shall not be assigned without the written consent of the parties hereto, and any assignment without consent shall be void and ineffective. GCM20061 -14- . 0 + WHEREFORE, this Agreement is executed this day of , 1992. READ AND APPROVED AS TO LEGAL FORM AND CONTENT: Clark Alsop or Stephen P. Deitsch City Attorney Greg Hulsizer Community Development Director Jennifer Vaughn Blakely Compliance Officer Robert Graham Risk Management CITY OF FONTANA, PRESLEY OF SOUTHERN CALIFORNIA a municipal corporation Jay M. Corey Name City Manager Notary Name ccM20061 -15- NOTICE OF DETERMINATION TO: Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana,,CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer improvements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A • State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) ' Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will , xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and . certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental .Impact Report. An initial study has been prepared for this project that evaluated the project's effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L" V 4t4-44 i N---. . . 0 City of Fontana �rz�.1 ,1w� ! . , / CALIFORNIA w _. October 28, 1992 CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO 385 N. ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 ATTN: Cindy Gilbert Dear Ms. Gilbert: Enclosed is a Notice of preparation of draft negative declaration/mitigated negative declaration. Please stamp the documents and return a copy to us in the enclosed self-addressed, stamped envelope. If you have any question, please call me at(714) 350-6739. Thank you. Sincerely, REDEVELOPMENT & HOUSING DEPARTMENT (...:2.r.e.,.a) Lois M. Griep, CPS Administrative Aide /lg enc. 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334.0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA i . • NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a • significant effect on the environment. On the basis of such • Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2, 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17, 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. i Date Received irje for Filing: '^"' John Tesley Engineering Tech II (Clerk Stamp Here) - N • f' CITY-COB.FD FORM ED" w DRAFT •� • NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue N • Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" • Negative Declaration • Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. • 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). ENVIRONMENTAL CHECKLIST FORM • • (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue Fontana. CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT ' STREET. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? _ X PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? X THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION"USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" Yes Maybe No d. The destruction, covering or modification of any unique geologic or physical features? _ X DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or. erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? — X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X _ TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? — X — TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK". b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X d. Emission of hazardous air pollutants within one-fourth of a mile of a school? X e. Burning of municipal wastes, hazardous waste or refuse-derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? — X CITY-COB.FJ Page 2 of 9 FORM "J" • Yes Maybe No 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? _ X c. Alterations to the course of flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? _ X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? _ X h. Substantial reduction in the amount of water otherwise available for public water supplies? — X i . Exposure of people or property to water re- lated hazards such as flooding or tidal waves? X j. Significant changes in the temperature, flow or chemical content of surface thermal springs? _ X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? — X c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? X CITY-COB.FJ Page 3 of 9 FORM "J" • Yes Maybe No d. Reduction in acreage of any agricultural crop? _ X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species? _ X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? X d. Deterioration to existing fish or wildlife habitat? _ X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels? _ X 7. Light and Glare. Will the proposal produce new light or glare? _ X 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any non- renewable natural resource? _ X CITY-COB.FJ Page 4 of 9 FORM "J" Yes Maybe No 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. • 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT- SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? _ X c. Substantial impact upon existing transpor- tation systems? _ X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" Yes Maybe No e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ X _ DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? X b. Police protection? _ X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? _ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: X a. Power or natural gas? X b. Communication systems? _ X CITY-COB.FJ Page 6 of 9 FORM "J" • Yes Maybe No c. Water? — X d. Sewer or septic tanks? _ X e. Storm water drainage? _ X f. Solid waste and disposal? _ X 17. Milan Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? — X • 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? — X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ X 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten CITY-COB.FJ Page 7 of 9 FORM "J" • Yes Maybe No to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) _ X c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? X b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? X c. May this project cause significant effects on the environment that were not examined in the prior EIR? X III. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. CITY-COB.FJ Page 8 of 9 FORMS "J" • • IV. DETERMINATION • (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. _ I find that the proposed project may have a significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: QTU5Pe,Q- 2.lv, f'1 ' PREPARED BY: /Lt,.o 14 s- Felipe Molinos, P.E. Principal Engineer REVIEWED BY: R ert W. Weddle, P.E. City Engineer APPROVED BY: l it £ ( L Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" LEGEND 466 MAJOR DETOUR N tr•m LOCAL CONTROL - N. T. S . LOCAL TRAFFIC ONLY --- SASE LINE/ALMERIA MILEB SEWER PROJECT t. . .. //07, „,_,_.,. ...,_,_ 1 cum. av lealmoril —IT 71 T : • �e ter•iL_ _ twr[• . 3 a 1 i :[1 I .�.,OW r i HIGHLA D = ' I • 1--ii.--t',--.11 c ..re,• ;f ; 1 _ y • _n10= r:s-iawu— .,u..MVP IICIIIMA .., &sex / IIRLINII in L_______ ., . .41 i--11 6 !III bd( L AREA TO SE ,BY.-PASSED! r ' """ x DURING 8EWEI CONSTRUCTION\ II I ; �cL :a ` F. l ' B e N . 12 ASE t.IN .�►I• Ufa 1I3l I — [ ; 401 ir*t___, i: i t.- r_ iii u .... . -1011104—. " . • 1 - i-i- . t---%. , 42.tirn , .1-.VtIrwa-1 ?;-4. . , =4 .. . - 'y e . i 0'1' 1- t-7-4*j. A soN.: 1' .C t•. 1 1 -- nicii...._ 11 .Al'\ '-t" 100i.‘.•' .••• ;.-..4 _J....2_ [2nflaiiM% 4 21111 ' Lr . Irr:- Ii 1-1111137 AUNT r , , .417 _ [Hi ii iii( __„..--1,. ..u..,,,,./14.T.- -•= 1 Ai I I Cr" 1"einiar fr-144 lig i, I Le , ) .413... N - •i p..A, ,,,_. ..4.1,,,..„, i,___,;_.1 ""LriiiirW . .•'� ,c.'� l 40 \OTHIYLL � �_�lLI � E 1 i1.J ° . 1 M®1n11 r 1 Ni PM .tClArl rim• 4 ,.. ___g S g ..MI ire vs fili 1 I. wn a WV N .. 1 r,i ,.... .--) =in it 211 • El,--E Tv. f I �_. .Iu•" .. II I • oo - ir �[ �r 1i- —illit 1 =II `I III n ll ,--- .11 xI• I 11 b.,� :( lL. .rto©oaooaa . ' 7 . 3. 15 . 2 Sewer Facilities A detailed engineering report was prepared by Albert A . Webb Associates which analyzed the infrastructure ( i .e . , sewer , water , storm drain) needs for Rancho Fontana . That report has been appended with this Specific Plan . The following text provides a summary of the findings , conclu- sions , and recommendations of that engineering report . Existing Conditions' The City of Fontana currently owns and operates the waste- water collection system within Fontana . The City has con- tracted with the Chino Basin Municipal Water District ( CBMWD ) to treat and dispose of the effluent . Presently, there are no sewer lines connected to the property . Sewage is treated in CBMWO Regional Plant No . 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues , approximately four miles south of Rancho Fontana . Present flow to this facility is 3. 2 million gallons . per day (mgd) ; the rated capacity of the plant is 3 . 5 mgd . 1 The CBMWO has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No . 1 to treat flow from Regional Plant No . 3. The plan was to construct the Fontana Interceptor which would carry the wastewater from Regional Plant No . 3 to Regional Plant No . 1 and phase out Regional Plant No . 3 . However , this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study. 2 The grant eligible flows for the Fontana Interceptor are 6 . 2 and 10. 2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No . 3 for groundwater ireclamation . Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750, 000 gallons of 1Robert Schoenborn , P . E . , Public Works Director , City of Fontana ; letter dated December 1 , 1981 . 2Rancho Fontana Engineering Report , March 1982 ; p . 1-4 . 3lbid . VII -92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII !CASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF 1 • The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter Beech trunk line would have a peak design capacity of approximately 8.0 MGD based on a design depth of0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1.28 MGD, while the peak flow from the entire proposed sewered area is 8.0 MGD. The City of Fontana should contribute to the construction cost of the recommended trunk line, since 84 percent of the peak capacity. 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. Wastewater Collection System The collection system for the Rancho Fontana development re- quired for the ultimate wastewater effluent is shown on Plate 1-1. Thu recommended collection system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project cost for the collection system and trunk mains is $1,630,0O0 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that run through the proposed project. 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT PAGE 1 OF 3 TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) • • •. Unit . Size : Quantity : Unit Price : Total Sewer Collector Lines 8" Dia. 21,440 LF $ 17.50 $ 375,000 Sewer Collector Lines 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sewer•Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LP 39.00 103.000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286,000 Manholes 48" Dia. 170 EA 2000.00 340.000 Total Estimated Construction Cost $1,164.000 Total Estimated Project Cost $1.630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on ENR-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 15%; (b) Technical Services at 15%; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall , East Annex, Engineering Division and are available for public review. Comments will be received until November 2, 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: John Tesley :, Engineering Tech II (Clerk Stamp Here) CD CITY-COB.FD FORM "D" DRAFT NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council , having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council , including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council 's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 ; Phone: (714) 350-7610 0 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" • Negative Declaration Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, November 17, 1992, at 7:00 p.m. , at 8353 Sierra Avenue, Fontana, California, the City Council of the City of Fontana intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition for public use of an easement interest in certain real property which, according to the last equalized county assessment roll, is owned by you. The public use for which this interest is to be acquired is construction of underground sanitary sewer line facilities. The easement rights, legal description and plat of the easement to be acquired are attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above and you have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which an easement interest in your property is sought to be acquired. 2 . Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3 . Whether your property is necessary for the proposed project. 1MH137451 • Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: City Clerk City of Fontana 8353 Sierra Avenue Fontana, CA 92335 DATE OF HEARING: Tuesday, November 17, 1992 7 : 00 p.m. PLACE OF HEARING: 8353 Sierra Avenue Fontana, California DATED: October 27, 1992 BEST, BEST & KRIEGER By: Kendall H. MacVey Attorneys for City of Fontana LMH137451 -2- • An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rightp granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the. prior written consent of the City. LMH132712 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1 : THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OP. LAND 64.00 FEET WIDE, THE CENTERLINE. OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0' 04'58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39' AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59'40" AN ARC DISTANCE OF 117. 74 FEET; TANGENT TO SAID CURVE, NORTH 0 05 '59" WEST 691 .87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250. 00 PEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45 '49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT . "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A ' POINT HEREINAFTER REFERRED TO AS POINT -"B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00 WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION .36 AND NORTHERLY IN A LINE WHICH BEARS 'NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON NAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: • BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT, ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00" WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314 . THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID -EASTERLY LINE OF SAID TRACT NO. 12314. • • . •• _ • ' PREPARED UNDER THE SUPERVISION OF: PREPARED IN THE O►►Itt OP Io.Y-ii MADOLE AND ASSOCIATES,INC. SEE SHEET 6 t:MADOIE RCE,14814 DATE ` COMIUITINO CIVIL ENGINEERS T ANO lANO►LANNE11i .I 1l20G1!I!ISb1I .1OcLSSip± Off, WiTA ANA.CALIFORNIA t27Q1 h'' 4,0 \l1oN 44_ ,,, V(/f' ►NON 1714•$.W$4$ • . 114.144I4 M 1 31 tvi 12 • to :,r3 1133 ', .4%1ZAC�3:'A A•46.57Yetr; 1 Z.•//7.74' �4,•a( .., r,sa.1.9' o e� ,e•760 00' r•ere eb I PARCEL 1 IQ Z W Q SE 1A4 SEC. 36, TIN, R 6W, S.B.M. a ce I 1 Q I1 • II l � 5M cgevze e,Isc.sG, iLkb____�w ) t $( - O.B.•PARCEL 1 i Glad G etq BASELINE AVENUE c ALMERIA AVE.(S)•• •., EXHIBIT 'A' • _ Apr,"4 Panel N.. CITY OF FONTANA.CALIFORNIA at_..._ DEED PLAT E3 • PREPARED IN THE OFFICE OF ,vo i MAOOLE AND ASSOCIATES,INC. /v ,c CONSULTING CIVIL ENGINEERS PARCEL 3 ANo LANo PLANNERS TRUE P.0.8• PARCEL,3� 1120 I.1Stt'Street POINT 0 SANTA AKA,CALIFORNIA 12701 S0f 5/Wt./ �_ W ff PHONE 714••.7E•214N 4�•06 , I `Q WALNUT STREET No'0f�.%tl� POINT.i.PARCEL 3 L ..... I •� N PARCEL 271.) I I /q ALMERIA lAVE.(N) I • _ I ___ _ _ 1 R•PSCW' l‘hoh t•cross' N+d'toYo'I✓ 1231240 /3.1) ,e•tea m' SR Np. `I �•V1sf' POINT'S ,.� .� • M'6. A.1' "• '• P01NT'A i i! •seaW POB. PARCEL 2 4 •/it 3' . T. y3.e7' SEC. 36 R 6W S6 PARCEL 1 k_eALMERIA AVE. (N) 3 .fin g 0 EXHIBIT 'A' . SEE SHEET S ♦pp•+TM/ heel!I•. CITY OF FONTANA. CALIFORNIA • .» DEED PLAT Drove•TI w L PROOF OF MAILING NOTICE I, Lisa M. Hjulberg, acting on behalf of the City Clerk of the City of Fontana, hereby certify that on October 27, 1992, I .mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Tract No. 12314 : Presley of Southern California P.O. Box 19672 Irvine, CA 92713 courtesy copy to: Mr. Steven Jones Project Manager Presley of Southern California 19 Corporate Plaza Newport Beach, CA 92660 Dated: October 27, 1992 • Lisa . Hjulb LMH137451 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA DECLARING THAT THE ACQUISITION OF AN EASEMENT IN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT) WHEREAS, the City of Fontana (the "City") proposes to acquire an easement in certain real property for purposes of construction of underground sanitary sewer line facilities pursuant to the authority granted to it by section 37350.5 of the California Government Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, November 17, 1992, at 7: 00 p.m. , at 8353 Sierra Avenue, Fontana, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240. 030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240. 040 of the California Code of Civil Procedure; NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the City with the require- ments of section 1245 . 235 of the California Code of Civil Procedure regarding notice and hearing. Section2 . Public Use. The public use for which the easement is to be acquired is,construction of underground sanitary sewer line facilities. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the easement rights and the legal description and plats of the easement to be acquired by the City, which LMH137460 describe the general location and extent of the easement with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; • (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The easement described in Exhibit "A" is necessary for the proposed project; and (d) An offer was not required pursuant to section 7267 of the California Government Code. Section 5. Use Not Unreasonably Interfering With Existing Public Use(s) . Some or all of the real property in which the easement is to be acquired is subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easement subject to such existing public use(s) pursuant to section 1240. 510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property in which the easement is to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the easement appropriated to such existing public use(s) pursuant to section 1240. 610 of the California Code of Civil Procedure. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described easement in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use the easement at the earliest possible time. Counsel is LMH137460 -2- further authorized to correct any errors or to make or agree to non-material changes in the legal description of the easement that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easements. Counsel is further authorized to reduce the extent of the interest or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the easement is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this day of , 1992 . Mayor ATTEST: City Clerk LMH137460 -3- An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. LMH132712 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1 : THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64 .00 FEET WIDE, THE CENTERLINE. OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04 '58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 8I 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59 '40" AN ARC DISTANCE OF 117. 74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691 . 87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250. 00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45 '49 " AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34 '10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30. 00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C" . THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00" WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE, WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314 . • • i1 • PREPARED UNDER THE SUPERVISION OF: PREPARED IN THE OFFICE OF IAFie4' ZO.4 Si SEE SHEET IS CONSULTING AND ASSOCIATES,INC. �.MADOLE RCE.14814 DATE CONSULTING CIVIL ENGINEERS } AND LAND PLANNERS toi06tSSip 4 ,bMO E.1Sth Street SANTA ANA,CALIFORNIA 97101 ` ,�1.1ON`,�fs�� WON, 714 g6.2544 �.v. 40 Cr s •' ' Mc 1014 r` 123'0 I :,, *j /310 1140 ,AA • ? •xti•• • 11R•• Mg• . Z �\ ,t••755).00' • 1 L.•//774' 14 4•76o co' r-54M.--- .--- ---.- No I - r PARCEL 1 • I 3 z z w SE 1/4 SEC. 36, ,r,,�" Q TIN 1 R 6W. S.B.M. ; Q cr Q . il .9 5* caevez eesc.4G, VA,RG:v/ ) 1 eS;l ..IPO.6..PARCEL 1 • Alf:St'o7 t 62GGf' •-r • tc, BASELINE AVENUE c.ALMERIA AVE.(S)— , EXHIBIT 'A' • Approved Pend Me. CITY OF FONTANA. CALIFORNIA ,11 DEED PLAT Ovoirs Sys C- , ( PREPARED IN THE OFFICE OF 64 L4t/E MADOLE AND ASSOCIATES,INC. �tlp�5�G1�'d CONSULTING CIVIL ENGINEERS PARCEL 3 /Ca as AND LAND PLANNERS TRUE PO.B. Street POINT�O. I" _ � AN E.ALI1 ORNI SANTA ANA,CALIFORNIA!f2'701 Sey 5/'R7W AteQ.- PHONE 714•NO.25 0 6 •! . I � N WALNUT STREET- No'Of C,./) �t POINT'i PARCEL 3 I 44 PARCEL 2 / rI c. ALMERIA t� lAVE.(N) I L_ ____ _. 1 _____ _ _ A•10•/5%P' R•t°SOC2�' <•r7i ,v45•to,,0'K/ 1231240 '3-10 A•LSLt CO' .441Lk NO• Z•1,7�9' M•e,R �t� ' PO�B 4•t/'e5".4' 4 ParrT a A•?6GG10' PO.B. PARCEL 2 . I. •Met?' SE 36 - C. 8 • T. 13.57' A. R6W S. SE 1/4 I. ‘ N' k PARCEL 1 t...,........-- ALMERIA AVE. (N) 3 h 0 iT EXHIBIT 'A' . SEE SHEET 5 Ap pre rod Rafael No. CITY OF FONTANA. CALIFORNIA DEED PLAT Drava RI Ii • ,,• L\ ' • . r -, j i ;,; ; ti' 2/ I _.... \,. / 4 39 1 \: 4235 A 42i31J .,., 4065 423 J�/�.' 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T 1 — 11408 ' O i•-L I-. .i I 657+1 -- 9J r . .� }�— _ 1 17777 --ram- /' / NI� �. i 1 I L.._ i 1 .T-T� I. 131 13} ' rt II 1 4087 , 1 1 1 I 1 iT140;9Ji _..� �_.— I , I I }3055j 130851j - I11 ' ED�-- _ !-r, i" 4 (\is 4073 4075i I1 s�,�r 40I:5 �}I:4 0hi1J.. ( i� i I Ii - / r t �� - 9 '7-'_ ' `� --�y,c 140371I 1 1 05 jal ' -�( _y_ C"� ) -J 4035j i a __ __..13031 fi ....._.....1 11 1_ .. 1. 1 i 095 140991 14107 L I I ' 14031 • 40 I • + B L \, r l i : _....._._ .... J40831 2 13081 11402911 4033 1--I -I �M ..1----.1 409 4103 410 0411 `� �i_ - _... _ 1 {30 � 305) I I 1 r' ��„_' 1 -1307 71 1 30 _ 3039 —i t 1 I I I L • - LL • i 13381IT 395 1-. r 1 v i i 1 1305j j 1 1 I c•r-j 2 4299 i r � — I ra I & )' r 1 !I33.7.4L 7-- 1 _._1 ,. —1',. '7}__ -d.30 .31`.r� • 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA DECLARING THAT THE ACQUISITION OF AN EASEMENT IN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS_NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT) WHEREAS, the City of Fontana (the "City") proposes to acquire an easement in certain real property for purposes of construction of underground sanitary sewer line facilities pursuant to the authority granted to it by section 37350.5 of the California Government Code; and WHEREAS, pursuant to section 1245.235 of. the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, November 17, 1992, at 7:00 p.m. ; at 8353 Sierra Avenue, Fontana, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section . 1240. 040 of the California Code of Civil Procedure; NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedures There has been compliance by the City with the require- ments of section 1245. 235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the easement is to be acquired is construction of underground sanitary sewer line facilities. Section 37350.5 of the California Government Code authorizes the City to acquire ,by eminent domain property necessary for such purposes. Section 3 Description of Property. Attached and marked as Exhibit "A" are the easement rights and the legal description and plats of the easement to be acquired by the' City, which LMH137460 . 31 describe the general location and extent of the easement with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The easement described in Exhibit "A" is necessary for the proposed project; and (d) An offer was not required pursuant to section 7267 , of the California Government Code. Section 5. Use Not Unreasonably Interfering With Existing Public Use(s) . Some or all of the real property in which the easement is to be acquired is subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general 'location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easement subject to such existing public use(s) pursuant to section 1240. 510 of the California Code of Civil Procedure. Section 6. ' More Necessary Public Use. Some or all of the real property in which the easement is to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the easement appropriated to such existing public use(s) pursuant to section 1240. 610 of the California Code of Civil Procedure. Section 7. Further Activities. Counsel, for the City is hereby authorized to acquire the hereinabove described easement in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use the easement at the earliest possible time. Counsel is LMH137460 -2- • 32 • further authorized to correct any errors or to make or agree to non-material changes in the legal description of the easement that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easements. Counsel is further authorized to reduce the extent of the interest or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the easement is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this day of , 1992 Mayor ATTEST: City Clerk • • LMH137460 -3 • 36 PREPARED UNDER THE SUPERVISION OF: PREPARED IN THE OFFICE OF !o-�t�� MADOLE ANC ASSOCIATES, INC. M.MADOLERCE.148 SEE SHEET 6 14 DATECONSULTING CIVIL ENGINEERS 1 1 AND LAND PLANNERS 1120 t illes Street O�IQI ISS�pM,[ O SANTA ANA,CALIfOAN1A 1 701 �`�i�y4,104•'$►s�. • f►EONE 714.I1ii•2i4$ ' . IN.148t1 ' a • • ., I 231 0 1 tv are• ��.', ZaC -CR. NO. . be tA• A.6•5990• L.•//7.74' mot. •6'seiy•� .t•760 Ce L•//76i. PARCEL 1 • ,43 ;.• l w ,4�/ Q SE 1,4 SEC. 36, I"f1`i TIN. R 6W, S.B.M. 'rs— Iw 11 I . a 1,1 cau. /Q e, .4*, T,W.,eGv./ ) S..PARCEL 1 Aidf'32 07 G2.0G¢' N BASELINE AVENUE . c.ALMERIA AVE.(S) EXHIBIT 'A' • CITY OF FONTANA'. CALIFORNIA Approved funni S.. DEED PLAT ....,, PREPARED IN THE OFFICE OF 7/ 4 A MADOLE ANC ASSOCIATES,INC. PARCEL 3 N E CONEUITINO L ENGINtE11E ANo �ANoCIVI rIANNE�E TRUE PO.B. P RCEI,3' �.• 1t20 E.111h StrNt SANTA ANA.CALIFORNIA 92701 SO 5/LQ7'd4001P- , j PHONE 714.ti1.2b4S 4s•o6' i l • I �, WALNUT�� STREET NO'of.ce1�`, �` POINT'I PpARCEL 3 PARCEL 2 I ALMERIA lAVE.(N) R• _ t'SOr T• „:-- /// 240 '54 d•6'51%0' -4441‘‘ A•teetar TR est, Powr eV d.?'VS:d9' POINT'A A•s6cCO' PQB. PARCEL 2 •tetra• 36 r• 1s.57' SEc. M SE 1/a • R 6�1 S 8' • PARCEL 1 �' ALMERIA AVE. (N) EXHIBIT 'A� . SEE SHEET S 4pp••'d Ps I M.. CITY OF FONTANA. CALIFORNIA J DEED PLAT Draws in • 38 • • NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, November 17, 1992, at 7: 00 p.m. , at 8353 Sierra Avenue, Fontana, California, the City Council of the City of Fontana intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition for public use of an easement interest in certain real property which, according to the last equalized county assessment roll, is owned by you. The public use for which this interest is to be acquired is construction of underground sanitary sewer line facilities. The easement rights, legal description and plat of the easement to be acquired are attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above and you have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which an easement interest in your property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether your property is necessary for the proposed project. LMH137451 i 39 Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: City Clerk City of Fontana 8353 Sierra Avenue Fontana, CA 92335 DATE OF HEARING: Tuesday, November 17, 1992 7 : 00 p.m. PLACE OF HEARING: 8353 Sierra Avenue Fontana, California DATED: October 27, 1992 BEST, BEST & KRIEGER By: Kendall H. MacVey Attorneys for City of Fontana LMH137451 -2- An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determinednecessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. LNH132712 41 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1 : THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OP CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 64.00 FEET WIDE, THE CENTERLINE QP SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OP THE CENTERLINE OP BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OP SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04 '58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH 'A CENTRAL ANGLE OF 8 58'39' AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OP SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19 EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59'40• AN ARC DISTANCE OF '117. 74 FEET; TANGENT TO SAID CURVE, NORTH 0 O5 '59' WEST 691 .87 FEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250. 00 PEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45'49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OP THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OP SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OP LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT -B6 HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OP FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: 42 BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134. 17 PEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OP 250.00 PEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 48 15'12" AN ARC DISTANCE OP 210.54 PEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OP LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OP PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: • THAT PORTION OF TRACT NO. 12314, IN THE CITY OP FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00" WEST 45.05 PEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OP BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00" EAST 180.05 FEET TO THE EASTERLY LINE OP SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00' WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. • • 43 (. PREPARED UNDER THE SUPERVISION OF PRI►ARID IN TM( O//ICI 0/ frtal‘44/14 • !c MAOOLE AND ASSOCIATES, INC. MADOLE RCE 14614 DATESEE SHEET 6 CQNIULTINO CIVIL INGINII*$ ANO LINO PLANNER* fO�tSS p4 1120 tL 1SEI SA'NI `.�°1 NLt04 ��� I' ; ti SANTA ANA.CALIFORNIA 17701 � 4$ s� N• MON t 714•*711.2E4* ` IN.14111 v A • s„ A.S/-0 . ;p 240 • • • ss�11'SOs1'� 41111, t•i/7as11 PARCEL 1 I r Z - I W SE 1.4 SEC. 36. Q TIN' R 6W. S.B.M. 1 g I � t *caevEe exc.sa, I 77,/Ado./ J I O.iS..PARCEL 1 Nef•ss.o7,>h` Grste N BAfELINE AVENUE c ALMERIA AVE.(S) EXHIBIT 'A'• CITY OF FONTANA.CALIFORNIA Approved Panel M.. DEED PLAT �.... , • 44 . • PREPARED IN THE OFFICE OP 7x7;itflas4./.1 MAOOLE AND ASSOCIATES, INC. • . CONSULTING CIVIL ENGIN(Il11 PARCEL 3 '`/aaGc94. AND LAND rLANNIRI TRUE POS. PARCEPOINTED• ,. 13: 1120E.111N Street SANTA ANA.CALIFORNIA/T701 sal'/•WV . (_1 M a/ ONI714•I •�s•� • . I Q. WALNUT STREET NO.O�4o v.. R POINT•C PQ • 4 I PARCEL. � PARCEL 2 I ALMERIA 1AVE.(N) • I •ito•isie• •AVO Niete2019/ 1231 /3.1.0 //i 97 4 /srtr 2 d.p•siio• ••L1411f'9G Gil' NO. 4 I SR 4 M.6. - PONT•9 s (40•ssa W FONT VSI 'A •/eel C PO A. PARCEL 2 T• ys5T SEC. 36 R6w SBM pia .: . SET ` N, S PARCEL 1 ALMERIA AVE. (N) EXHIBIT 'A' . SEE SHEET S Arrw••d P•I.d N.. CITY OF FONTANA. CALIFORNIA • DEED PLAT Oruro ifs 45 PROOF OF MAILING NOTICE I Lisa M. Hjulberg, acting on behalf of the City Clerk of the City of Fontana, hereby certify that on October 27, 1992, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Tract No. 12314 : Presley of Southern California P.O. Box 19672 Irvine, CA 92713 . courtesy copy to: Mr. Steven Jones Project Manager Presley of Southern California 19 Corporate Plaza Newport Beach, CA 92660 i Dated: October 27, 1992 0) * Lisa . Hjulb . • tMH137451 • CITY of FONTANA DEVELOP ENT . DEPARTMENT 1 NOTICE fMT*O SEMI MS FOR CONSTRUCTION OF ' BASEUME AVEMJEAND employment practices on ALPAERIAAVENUE the basis of race, color, MUM(SEMI 5YSTaiI r national origin, ancestry, sex, or religion will also be • PUBLIC NOTICE IS HEREBY required. GIVEN that the City of The AGENCY hereby Fontana, as AGENCY, affirmatively ensures that • invites sealed bids for the minority business . above stated project and , enterprises will be afforded will receive such bids in the full opportunity to submit offices of the City Clerk up bids In response to this to the,hour of f10 P M oR notice and will not be the 4th day of February discriminated against on the basis of race, color, 1993,at which time they will national origin, ancestry, be publicly opened and !sex, or religion in any read aloud. (consideration leading to the The work of improvement !award of contract. • • consists of furnishing all ' 'The contract documents materials, equipment, tools, call for monthly progress labor, and incidentals as payments based upon the required by the Plans, I . 1 engineer's estimate of the Specifications and Contract I percentage of work • Documents for the above ' , completed. The AGENCY , stated project. The general I will retain 10 percent of items of work to be done I each progress payment as hereunder consists of: ' security for completion of REMOVAL OF EXISTING ; the balance of the work. At STREET IMPROVEMENTS, 1 the request and expense of INSTALLATION OF ,i the successful bidder, the SEWER FACILITIES, i City will pay the amounts so RECONSTRUCTION OF i retained upon compliance STREET IMPROVEMENTS i with the requirements of FOR BASELINE AVENUE I Public Contract Code j AND ALMERIA AVENUE i Section 22300 and the TRUNK SEWER SYSTEM 1 provisions of the contract A N D A L L J documents pertaining to , . APPPURTENANT WORK. d 1 Substitution of Securities. Copies of Plans, Bids must be prepared on ' Specifications and Contract I the approved proposal forms Documents are available I in conformance with the from the Engineering ' Instructions to Bidders and i Division of the Community submitted in a sealed I Development Department of envelope plainly marked on the City of Fontana, 8353 i the outside "SEALED BID 1 Sierra Avenue, Fontana, CA i FOR BASELINE AVENUE 92335 upon payment of a ' AND ALMERIA AVENUE $35.00 non-refundable fee TRUNK SEWER SYSTEM-DO •($45.00 if mailed). ' NOT OPEN WITH REGULAR A payment bond and a MAIL contract performance bond, The AGENCY reserves the 'each in an amount equal to right to reject any or all 100% of the total contract I bids, to waive any amount, shall be required : irregularity, to accept any concurrently with the bid or portion thereof, and execution of the contract to take all bids under j and shall be in the form set advisement for a period of forth In the contract ninety five(95)days. documents. At the tirne of contract Any contract entered into award, the prime Contractor pursuant to this notice will shall possess a Class A Incorporate the provisions contractor's license and/or of the State Labor Code. 1 any combination of Class Labor Code Section 1735 . "C' 'specialty contractors requires that no license(s) sufficient to discrimination be made in i perforrn the work. the employment of persons d BY ORDER OF the City ' upon public works because ' Council of •the City of of the race. rAigious creed, Fontana. color, national origin, Dated this 4th day of I ancestry, physical January, 1993 handicap, medical BY/s/Kathy Montoya. condition, marital status, or City Clerk sex of such persons,except ' Published:Jan.7, 14, 1993 as provided in Government Code Section 12940. , Compliance with the di prevailing rates of wages ' and apprenticeship i employment standards _ established by the State Director of Industrial ' Relations will be required. • Affirmative action to ensure against discrimination in • • 0 RIVERSIDE BLUEPRINT F RIVERSIDE BLUEPRINT . 4295 MAIN STREET R ` ,---' I Pi: L_.L) HWWE_.I4uE • P.O.BOX 108 • PHONE 686-0530 0 RIVERSIDE,CALIFORNIA 92502 M {r•l;; ;i_: ctic,c4rIONICiA Cs '1? is IIMIN 1 I 'T i F t- (Jr.; �'l;,t4 H I !' , _:y 0', --(lr.. Ah(!'i L ACCUUNTS PAYABLE t_E I Era!_; t t,E R I N., _. ._ _.-.RA AVE :Jt • T 'ltk�►� o O L -� INVOICE NO. DATE TYPE OF SALE SHIP VIA P.O.NO. PACKING SUP ORDERED BY 1 _}: 1) I _ CHG O i ._L_ CALL L ,t 4,j'-:){1 LO. S NO. NO. UNITS CATALOG NOJDESCRIPTION - • UNIT BACK ORDER UNIT PRICE EXTENSION 1 OM, PRINTS ORDERED SHIPPED `• u 12 ?`_' 2016 201c-. UL_UEL I NE P I N S i f UIIIth - U . iU �Oi- �.i r' .: _ STAPLING — SETS 0 :30 1 1 SETUP _6 1 . 50 5_ . 0 J.24f ._ } i. . . ..)AK-c(:,c-' -Mu_.T-(i- G i. .'-`ii. 0 . o_: 1 '0 . EIO 2s ' = r,' PtROLL BtDING PER BOOK _A 1 . 35 7 . 30 : 2k t<t- UciK-Tt- -'. -;►!ARE_N f - O`.-'Y . 1 20 S __0 , Alit _. . 1 } • • E� Net.) H-=''E. ,is STOCK OCr THE 1993 Tr"ii"svaa':_ .i:il. .. . ,_ ! .E ! G 1 I OES -3P • . ._RS I CE & ::::.Ft-- BERrNARD I i`NCa COUNTIES - WE OFFER THESE AT 1 m 0 SPCAAL C. I t_CO_- 7 OF 20Y. . ORDER YOUi.--":S It;..::iY g } o SPECIAL s1LctNA - SALE NET '``'�' -. HIM - INSTRUCTIONS: SALE TAX 35 .38 0 PKG.&SHIPPING U . )f) m CC RECEIVED BY: 1 ,n. ;��_ `-1 A n --n� TOTAL �: . . 11 I ' 1 ".i' a''' ,...h T1'7?'141T.11tj.44}{P117:4Y'wN"4A4W.Y'eAK!4ts 1y�yk (1'/ti .7r�V tYtlSl ilif iM FIELD PURCHASE ORDER °• ` ` 14390 ;/""'`' ,, k CITY OF FONTANA No. ,i r This number appear on all • •" �l.a. 8353 Sierra Avenue documents and must appear 'y-10 , •�� Packing Slip must accompany qNq�!A� • Fontana, CA 92335 merchandise. • ' E /2(4)-(4../i/te , ....3.1-1-1-11 D A3 74f-0hi hA/d /V� s g�` R �u�2rnan ,�f} 9�730 0naa.n�, 9.23. DAT TERMS FOB ACCOUNT Na � j 3 I PICKUP 0 DELIVERED 0 I / /..22/4 '49z%,-- --6,ITEM am93 DESCRIPTION OF SUPPLIES UNITS EXTENDED$ • / ag sefs; " 1 sPg.s .. P 1 ales-;a / 13a 11.re_J `T-rum K- -.1 . See,tie,-1,--. .5.;v 5 74e4-77 : 'e,4'- et Ida i-ei 4/9 C -Cve, /k j) . teiiilts ki yr ate.. , CA,' . e0Y�`\ , „...ISYI t„.4i 't All pricing must appear on order. BILLING ADDRESS: SUB TOTAL Enter all available information in the designated areas Accounts Payable Division TAX r� such as account number,complete vendor name and P.O. Box 518 TOTAL /��, �d address. Back orders are not allowed. Fontana, CA 92334 RECEIVED Y a/ --AUTHORIZED SIGNATURE WHITE-VENDOR YELLOW•PURCH. PINK•ACCTS.PAYABLE BLUE•ORIG.DEPT. GREEN•REC.DEPT. 10190.1M �iLu Huh' .... . � .. ....✓:.:. ,...{ . . I. ..... . .. " . a. . :•. . ..H:' r FIELD PURCHASE ORDER �,V/ �, a 1 °r y 4661 ',wt�� CITY OF FONTANA No. - • ., •;.�1%1••t1`e 8353 Sierra Avenue This number must appear on all 4: 1.: � �2 documents and packages. r14, -A�✓o Fontana, CA 92335 Packing Slip must accompany • merchandise R • ' E E line Sun U B City of Fontr . 399 Noxti "DH Street SY Redevelopment & Housing 0 raaan B rn a:Wino, CA 92401 T 8353 Sierra Avenue • • D Fontana, CA 92335 Decals: 386-3986 Lois: 350-6723 DATE TERMS FOB ACCOUNT NO. 01/05/93 • PICKUP❑ DELIVERED❑ 071-7243-2200 ITEM OTY. DESCRIPTION OF SUPPLIES UNIT$ EXTENDED$ • 1 ' 2 Publication: Notice Inviting Sealed Bids for Construction of Baseline Ave.. and Almeria Ave. Trunk Sewer System. To be run on: 1/0/93 and 1/15/93 447.54 • • Li ' • . . ,.. .. , e. r A tii 0 00 • ii V: C.'i,rt __.."-- ' . $50 . • • • • ' Contact Person:LLois Grioo, ±. 6723 All pricing must appear on order. BILLING ADDRESS: SUB TOTAL 447.L4 Enter all available information in the designated areas Accounts Payable Division TAX • such as account number,complete vendor name and P.O. Box 518 address. Back orders are not allowed. Fontana, CA 92334 TOTAL 4,1.7.5 • • RECEIVED BY AUTHORIZED SIGNATURF '-�`f �•a'�'" • . 'WHITE-VENDOR YELLOW•PURCH. PINK-ACCTS.PAYABLE BLUE•ORIG.DEPT. GREEN•REC.DEPT. 10/901M r. 4- , , e gfor: consideration leading to the award of contract. • NB-1 TH FIELD PURCHASE ORDER ,,w•...,. 'ram . �' 1"���� T CITY OF FONTANA No. 14 6 6 0 �p,'�1,• S This number must appear on all •�` '''`'` 8353 Sierra Avenue documents and packages. �T .400. • 'IN NO Fontana, CA 92335 Packing Slip must accompany merchandise. • • • E The Herald News U B City of Fontana N 16920 Spring Street E Y Redevelopment & Housing R Fontana., CA 92335 T 8353 Sierra.Avenue, Fontana, CA 92335 Connie: 822-2231 Lott: 350-6723 DATE TERMS FOB ACCOUNT NO. 01/05/93 PICKUP❑ DELIVERED❑ 071-7243-2200 ITEM OTY. DESCRIPTION OF SUPPLIES UNIT$ EXTENDED$ 1 2 Publications: Notice Inviting Sealed Bids for Construction of reline Ave. and Almeria Ave. Trunk Sevier System. z To be run on: 1/7/93 aid• 1/14/93 342.00 • itT 7.. , $5ØISi. • Contact Person: Lois Grier.), Ext. 6723 All pricing must appear on order. BILLING ADDRESS: SUB TOTAL 342,00 Enter all available Information in the designated areas Accounts Payable Division TAX such as account number,complete vendor name and P.O. Box 518 address. Back orders are not allowed. Fontana,CA 92334 TOTAL 4 • • • • RECEIVED BY [•' r l AUTHORIZED SIGNATURE t. WHITE•VENDOR YELLOW•PURCH. • PINK•ACCTS.PAYABLE BLUE-ORIG.DEPT. GREEN•REC.DEPT. 10P90-1M consideration leading to the award of contract. • NB-1 CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF BASELINE AVENUE AND ALMERIA AVENUE TRUNK SEWER SYSTEM PUBLIC NOTICE IS HEREBY GIVEN that THE CITY OF FONTANA as AGENCY invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk of the City of Fontana, 8353 Sierra Avenue, Fontana, California 9235 up to the hour of 2:00 P.M. on the 4th day, of February, 1993, at which time they will be publicly opened and read aloud. The work of improvement consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. The general items of work to be done hereunder consist of REMOVAL OF EXISTING STREET IMPROVEMENTS, INSTALLATION OF SEWER FACILITIES, RECONSTRUCTION OF AREET IMPROVEMENTS FOR BASELINE AVENUE AND ALMERIA AVENUE TRUNK SEWER SYSTEM AND ALL APPURTENANT WORK. Copies of said Plans, Specifications, and Contract Documents are available from the Engineering Division of the Community Development Department of the city of Fontana, 8353 Sierra Avenue, Fontana, CA 92335 upon payment of a $35.00 non-refundable fee ($45.00 if mailed) . A payment bond and performance bond, each in an amount equal to 100% of the total contract amount, shall be required concurrently with the execution of the contract and shall be in the form set forth in the contract documents. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, l except as provided in Government Code Section 12940. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. NB-1 u The contract documents call for monthly progress payments based upon the engineer's estimate of the percentage of work completed. The Agency will retain 10 percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the AGENCY will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities. Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR BASELINE AVENUE AND ALMERIA AVENUE TRUNK SEWER SYSTEM-DO NOT OPEN WITH REGULAR MAIL". The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of NINETY-FIVE (95) DAYS. At the time of contract award, the prime contractor shall possess a Class A contractor's license and/or any combination of Class "C" specialty contractors license(s) sufficient to perform the work. BY ORDER OF the City Council of the City of Fontana. Dated this 4th day of January , 1993. By Kathy Montoya City Clerk . City of Fontana 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7610 NB-2 :r IP CI- TV 4 P' • C A l I 0 4 M l A , •• • III a . FAX COMMUNICATIONS' FROM FAX NUMBER : --If (714) 350 - 7691 . PLEASE DELIVER ,THE FOLLOWING PAGES TO: NAME: 0,.7-', LOCATION / PHONE: 7h c Sh-, A FAX NUMBER: Q g ta-G-3 . FROM: LO?5 _ . LOCATION / PHONE: Z l)s7/-- jeCf G7 G=1D r>9e-1lf ACCOUNT NUMBER: TOTAL NUMBER OF PAGES: .3 DATE:/-O 93 TIME: � (including cover shest) IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (714) ` --e Z73 MESSAGE: , ./-- PC //gd„4°Df/ /'• /Df ^Q- D/7 �J /--/5-93 - �,.�4e t.�_// Ale}&J/.7 frf'd e _Groy`eJ ,P e p role h - abar. 1 h am gs 1 0 o'r'� ':.�-�i• , cc• ° 8353 SIERRA AVENUE P.O.BOX 518 \41}Ps FONTANA, CALIFORNIA 92334.0518 1 • I*P..••-.lc( Q` PHONE NUMBER (714) 350.7600 4.......g.1-- DEC. 1990 SKY F' • A i 0 4 M A FAX COMMUNICATIONS 41 FROM R M FAX NUMBER . (714) 350 - 769. 1 T 411 PLEASE DELIVER THE FOLLOWING PAGES TOs NAME: �/l/e_, LOCATION / PHONE: /h i// ,4/ jJS FAX NUMBER: �S— 9 s Sg FROM: 160 5 LOCATION / PHONE: ACCOUNT NUMBER: TOTAL NUMBER OF PAGES: • DATE:/--D'I-93 TIME: , (including cover shest7---- IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (714) MESSAGE: g2r- ' eal/W. 40/ 4A7 Git' • /-G 143 / ee-k-S /-/C7 Q M aJ e.- o • c -Abaft- / s • 4.P 0.• `,G'c�" CC: 4.Z . M ,A is ;"; � 8353 SIERRA AVENUE P.O,BOX 518 FONTANA, CALIFORNIA. 92334-0518 PS I • - PHONE NUMBER (714) 350-7600 DEC. 1990 SKY J • • mai -may THEAd* E � City of Fontana CALIFORNIA 1\904041J30 /*. ,A CAti. January 4, 1993 ACI Building News 464 S. Sierra Way San Bernardino, CA 92408 RE: Baseline/Almeria Sewer Construction Project The City of Fontana is now advertising the Baseline Avenue and Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date for the project is set for February 4, 1993, at 2 :00 p.m. in the City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the advertisement for this project. copies of Plans, Specifications and Contract Documents for the project are available from the City of Fontana's Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35. 00 non- refundable fee for each set ($45.00 if mailed) . If you have any questions, or require further assistance, please contact John Tesley at (714) 350-6642 . Sincerely, . COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350.7600 SISTER CITY— KAMLOOPS, B.C. CANADA THE ;. 10 \' City of Fontana CALIFORNIA mil* 0/•• al,.. January 4, 1993 Daily Construction Service 448 S. Hill Street, Suite 818 Los Angeles, CA 90013 RE: Baseline/Almeria Sewer Construction Project The City of Fontana is now,_advertising the Baseline Avenue and Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date for the project is set for February 4, 1993, at 2: 00 p.m. in the City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the advertisement for this project. copies of Plans, Specifications and Contract Documents for, the project are available from the City of Fontana's Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35.00 non- refundable fee for each set ($45.00 if mailed) . If you have any questions, or require further assistance, please contact John Tesley at (714) 350-6642 . Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures 8353 SIERRA AVENUE(P.O. BOX 618) • FONTANA CALIFORNIA 92334.0518 • (714)350.7800 SISTER CITY— KAMLOOPS, B.C. CANADA ji:j : d py: JLJ .,,� � January 4, 1993, Building News 3055 Overland Avenue Los Angeles, CA 90034 RE: Baseline/Almeria Sewer Construction Project The City of Fontana is now advertising the Baseline Avenue and Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date for the project is set for February 4, 1993, at 2: 00 p.m. in the City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the advertisement for this project. copies of Plans, Specifications and Contract Documents for the project are available from the City of Fontana's Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35.00 non- refundable fee for each set ($45.00 if mailed) . If you have any questions, or require further assistance, please contact John Tesley at (714) 350-6642 . Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division �G..c iO v` M/l Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA, CALIFORNIA 92334.0518 • (714)350.7600 SISTER CITY— KAMLOOPS, B.C. CANADA 7 4111 THE c- •. Ii�,-� o City of Fontana fr.. I j Ally " . .r. CALIFORNIA 41 '\°4-Nie-...-to 4 January 4, 1993 F.W. Dodge 202 East Airport Drive, Suite 190 San Bernardino, California 92408 RE: Baseline/Almeria Sewer Construction Project The City of Fontana is now advertising the Baseline Avenue and Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date for the project is set for February 4, 1993, at 2: 00 p.m. in the City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the advertisement for this project. copies of Plans, Specifications and Contract Documents for the project are available from the City of Fontana's Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35.00 non- refundable fee for each set ($45.00 if mailed) . If you have any questions, or require further assistance, please contact John Tesley at (714) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334.0518 • (714)350-7600 SISTER CITY- KAMLOOPS. B.C. CANADA „,np0 /oF`THE C,�-,� w°111r- oj; City of Fontana aridal0Ak Tt om' - CALIFORNIA r �► ,.�. �°►� .•, .,jam. w • January 8, 1993 F.W. Dodge .. . 202 East Airport Drive, Suite 190 San Bernardino, California, 92408 RE: Baseline/Almeria Sewer System Construction Project The City of Fontana is now advertising the Baseline/Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date is set for February 4, 1993, at 2:00 p.m., in City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the Plans, Specifications and Contract Documents for this project. Copies of the Plans, Specifications and Contract Documents are available from the City of Fontana Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35.00 non-refundable fee ($45.00 if mailed). If you have any questions or require further assistance, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz enclosure 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA . Y �,.. ,,, THEE fj t'G vii,� City of Fontana • ,aulll • . ,. CALIFORNIA 41/4 January 8, 1993 ACI Building News 464 South Sierra Way San Bernardino, California, 92408 RE: Baseline/Almeria Sewer System Construction Project The City of Fontana is now advertising the Baseline/Almeria Avenue Trunk Sewer System Construction Project for bids. The bid opening date is set for February 4, 1993, at 2:00 p.m., in City Council Chambers at 8353 Sierra Avenue, Fontana. Enclosed is a copy of the Plans, Specifications and Contract Documents for this project. Copies of the Plans, Specifications and Contract Documents are available from the City of Fontana Public Works Counter, 8353 Sierra Avenue, Fontana, California, upon payment of a $35.00 non-refundable fee ($45.00 if mailed) . If you have any questions or require further assistance, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY. DEVELOPMENT DEPARTMENT Engineering Lv1/4 Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz enclosure 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA,CALIFORNIA 92334.0518 • (714)350.7600 • SISTER CITY KAMLOOPS, B.C. CANADA • RESOLUTION NO. 92-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA DECLARING THAT THE ACQUISITION OF AN EASEMENT IN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT) WHEREAS, the City of Fontana (the "City")proposes to acquire an easement in certain real property for purposes of construction of underground sanitary sewer line facilities pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and WHEREAS, pursuant to Section 1245.235 of the California Code of Civil - Procedure, the City scheduled a public hearing for Tuesday, November 17, 1992, at 7:00 p.m. ; at 8353 Sierra Avenue, Fontana, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll , notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt, a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, be it resolved; determined and ordered by the City Council of Fontana as follows: Section 1 . Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the easement is to be acquired is construction of underground sanitary sewer line facilities. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the easement rights and the legal description and plats of the easement to be acquired by the City, which describe the general location and extent of the easement with sufficient detail for reasonable identification. Page l of 3 jIFIE RUE COPY C;1 UTY CITY CLERK, CITY OF F FONTANA • RESOLUTION NO. 92-153 Section 4. Finding. The City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; • (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The easement described in Exhibit "A" is necessary for the proposed project; and (d) An offer was not required pursuant to Section 7267 of the California Government Code. Section 5. Use Not Unreasonably Interfering With Existing Public Use(s) . Some or all of the real property in which the easement is to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-f- way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonable be expected to exist in the future, counsel for the City is authorized to acquire the easement subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use, Some of all of the real property in which the easement is to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use of uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the easement appropriated t such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Section 7, Further Activities. Counsel for the City is hereby authorized to acquire the herein above described easement in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use the easement at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the easement that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easements. Counsel is further authorized to reduce the extent of the interest or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the easement is being acquired. Page 2 of 3 RESOLUTION 92-153 Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 17th day of November ' , 1992. READ AND APPROVED: /s/ Clark Alsop City Attorney I, Kathy Montoya, City Clerk of the city of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 17th day of November , 1992, by the following vote to-wit: AYES: Mayor Boyles, Council Members Abernathy, Eshleman, Freeman NOES: None ABSENT: Council Member Murray /s/ Kathy Montoya City Clerk of the City of Fontana /s/ Gary E. Boyles • Mayor of the City of Fontana .ATTEST: /s/ Kathy Montoya City Clerk Page 3 of 3 33 An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City") , together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A. " Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. . The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it . may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. LMH132712 • • • 34 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1 : THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OP CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 64 .00 FEET WIDE, THE CENTERLINE. QF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH) , SAID INTERSECTION BEING DISTANT NORTH 89 52'57" EAST 628. 64 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04'58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39 AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59'40" AN ARC DISTANCE OF 117. 74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691 . 87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45 '49" AN ARC DISTANCE OF 182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION . HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OP 8 34 '10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: 35 BEGINNING AT POINT "A" .HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'IO" WEST 134. 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04 '58" WEST 469.37 FEET TO THE INTERSECTION OF THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 30.00 PEET, MEASURED AT RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51 '00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT, "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51 '00 WEST 45.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51 '00 EAST 180.05 FEET TO THE EASTERLY LINE OP SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D" HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF SAID TRACT NO. 12314. 36 ( PREPARED UNDER THE SUPERVISION OF. P I/AIIIO IN TNI OP/ICI O/ Ni DO�CE taBla��o T � SEE SHEET b MADOLE AND ASSOCIATES, INC. 1 C011$UL11NG CIVIL INGINtIR{ T ANO LAND KAHN(AS -11,01ISS/0N4 I*20 E. IS $h,, `���o �ILTON 4, �tP� O SANTA ANA.CALIFORNIA t27Q1 i s 4$ �\ 44' /110N 1714.{.7I. i` Z IM.IWN 0* ' . 1 31a to •��•a ., 12 �41 Q /..... • 2q0 3. d•6•sloo• ,t.NCO. Z.•//7.74' I 'mot.C •+ A•6'sesr•� �y 4 i xfo ce• L•/'16t' '� T•6 !1 d 5' �•d • 1 .... PARCEL 1 � I ^ z v 1IJ.IQ SE 1,43 SEC. 36, ' TIN 1 R 6W1 S.8.M• I I A • I - `sf caevae eac.aG, I 7 R4v/ p J 'ry� ( PO.B.,PARCEL 1 Alai'Jr07 G24 411 i 1 �" 6,c. BAfELINE AVENUE c. ALMERIA AVE.(S) /-4.~ EXHIBIT 'A• . s. CITY OF FONTANA, CALIFORNIA Aw...4 .Ir_ DEED PLAT' NI vs ST I f • I 37 • _ ►RIPAR10 IN TM( OFFICI OF • No e$.4...,.....-- MADOLE ANO ASSOCIATES. INC. • coAoIN % NES(I I PARCEL 3 N 'd COW/VINO R TRUE PO S. P ) I PARCEL, ►• 1 t20 1.11IN ltrNl �,•�3• N. SANTA AMA.CALIFORNIA t7101 SO,•S/?Old 4,_ 9f "* f F110M1 711.1..11.2 4 !s•O6 , I `. WALNUT STREET NO'O7 C17•�/� POINT'i,ARC P .EL 3 ' • I PARCEL 2 I 1 ALMERIA t:1 ,,,,7 lAVE.(N) I ilK I— — — I — Z.R•roses' �/�d'roYo•I✓ 12312Q0 3•"0 r.,�i 9 4 'so.�' -41144L‘' A•t3Ct GO' 1'R ' NO• �' ,.� 4• . .r rr • NV 9 Poaalmo ••L a .,✓ _ a . f/V6'40!• POINT•A; /4 •reel w' PQ B. PARCEL 2 c •a4e•4S' 36 T. 75.7' ..SEC• M Rem $ g. PARCEL 1 ALMERIA AVE. (N) 1 h 0 EXHIBIT 'A' . SEE SHEET S 1•r•»+ ►....I M.. CITY OF FONTANA, CALIFORNIA DEED PLAT Dnyn I„ I , I. S - HIGFLAMD HAVEN AREA FP ;:il! ! ! '.4..t.t. '14," 114 t: I 1 i II J. 1 ' - gril I i I row i : 1 s ! t 1 11` • I' P ONAP•we 3; f ; 1 ; / alj:1°7," ‘1 a •-• IliF=ifig...."\OMR i f t ± f 1 t .... Aspeollv 111110APVIA 1 �,v) � _ I- 1 a� _ :�I1 h E_ 1 as -SET/ •i V. Segment 1: Baseline Avenue and Beech Avenue to 4e I _ —lelf 17 1 : 4 i !a Almeria Arrow. f E ! E 0 I= ii E t:~ y Segment 21 Almeria ►►venue and Baseline Avenue _ .ems � ' ;� ••�. : ,... fit . f :„, to Walnut Avenue (sigbland/!lawn) _ iltiI-u� ire 1 t :Fufil gEg ti `_i s- co Segment 1: Baseline Avenue and Almeria Avenue. ®� :a1Jli dL- e_I ._ _� t ��� • , ate - to east boundary of Tract No. 12314 . 1 ` -— - i t •• ��� : i I II i t f : : a = SEGMENT 2 1rIli . _ _ _• • MAL ilir.• ipc�Arnow WI 10 1•07 _ 1a. �'1 ••- orAilio groom L.'smow ....... ,..?_ .......--..--,..._—__01X.-111111111-111// -——,.......... V ' MINIM G/1111// SE�C'1uENT I - N1, IllEiv \II 1 11 1 climaisp, - __ . I •.•c ..o r cosLla�a ____ �� M/t i • 01.4_1• •r1 11.11 M. Of l'r �•�%_*=' I I1AI i .1.,.. ,�.,� I SST 3 z.� BASELINE/ALMERIA SEWER LINE L el ' "AREA MAP Alternative Sewer Line - Citrus Avenue" M I, ,,' •`/....... �j� . Ala..-Rd 406 ti''• - 9..m....4 J..4c> 142331�, i' 1427911142a1.� /_ . 4067 �,-� T 4063 (.f_4ni j 4278 LI i j42771 .i ; 4.._ ... . d - ,.= pr _ ,4 4275 ~~ • Sa /'I \ `? 1142731 -�,/ ,- › 1 ao 9rI Emi _ > 1 i� /i, 4057 4069 �/iMilli 1142191 142691 4263 1 :� ' 142671 1 , Ili14217) • 4261 1 140551 2 ° 4215 T 1 LE E-r' 1:142131 i J 142651 1 v405 - 1142111 i +► l .40 -. Vf ___.5 .. .. . _ 100 C) �1+ �•.w.A. 14271 __— 11420a1 .� :r -{40511 ,, 1 Gf3•Si ff16044 j' •L P �,L® Q 4� s LOS CED(ZQ • .. 1 42051 O 42 5 7 - - - L•Z37 1 _ �' 1 '� �{42a31 N 1 i - 1 4020i ,4047 _ i = T 1 = - $ 4203 �' aa1 •� �•3 \ t1,404311 I 40'i %F1�I&fL__T�.1 •4' 31 1 5 .,�""i /( ( Li• 71 ", aqx�1 „•__ _._ __ _. •- , 3055 ;i 14 73 4075 �`• .. -c , 4037 •� ":-• aim 3053 3083 \ti 7 Fi i:ri :9 MIA INI11111111 1 1r-N • I �3reidc..- r • 30:1 40291 4 0 . — - D "_ • •9 ••CII•Ij` C7i'�-� .41 "WPM; - 130 ,3039 -_ 3381 - --I 39S fti L�'T1l�CJ� • City of Fontana CALIFORNIA MEMORANDUM TO: // PsteAitld-e-A6 , FROM: . c 0a i SUBJECT: /-?, / � ' DATE: /,2 -//- 9 11A r-) *juy r, 4 .. • PROGRAM SUMMARY 1992- 93 . �f.'.. �.�,.e f,:.A. .. �...�::.rY�...:.':.,...n�..."..!.?.;t.7.'.�<gv•:.n�::•:.;k,.•f•.S,...mo.r.. w:.....<y•':. *�l°,A,�.:i�:'!':.i iri'.' ?�' J' .w;S?�'a'?•:.};'.B..;:�.�.`. ...U+..`i.i::;:�•.F E.:,".� i,.T < �A I§IDNn7�3 #�a� �x� en *am€uN3N�:K t_mavhe i...m � ia � > °=� : > ? � r.•. .GAliiea 4 . B se3hr I imenaSRar zle_ OGRAM.,NUMBERM Otl '7243 DESCRIPTION & PRIMARY ACTIVITIES: The Baseline and Almeria Sewer Program provides for the installation of a sewer line on Baseline,between Beech and Almeria,and in Almeria between Baseline and Walnut. i 1 • PROGRAM OBJECTIVES & PERFORMANCE MEASURES: The Baseline and Almeria sewer construction program is to provide sewer services to North Fontana,including Tract#12314 ! (Presley)and the Highland/Haven Subdivision(RDA project area). A portion of the project costs will be reimbursed :I by the developer of Tract#12314 for that portion in Almeria Ave. This project involves the construction of I .1 approximately 2,750 lineal feet of a 21-inch sewer line. Primary activities include completing the construction plans, managing the construction of the project and developing a reimbursement agreement between the City and Presley. i • • PROGRAM EXPENDITURES: Actual 90-91 Est.91-92 Adopted 92-93 I Personnel Services 0 18,263 37,957 Operating Expenditures 0 118 300 Internal Service Charges 0 0 0 I Contractual Services 0 19,648 875,129 I Capital Expenditures 0 0 0 PROGRAM TOTAL 0 38,029 913,386 DIRECT REVENUE: 0 0 0 • • PERSONNEL SUMMARY: POSITIONS Actual 90-91 Est.91-92 Adopted 92-93 I Associate Engineer 0.00 0.00 0.01 Associate Engineer 0.00 0.00 0.09 Associate Engineer 0.00 0.00 0.02 I Deputy City Engineer 0.00 0.00 0.00 Engineer Tech I&II 0.00 0.00 0.19 I Principal Civil Engineer 0.00 0.00 0.10 Principal Civil Engineer • 0.00 ' 0.00 0.01 P.W.Inspector 0.00 0.00 0.11 Sr.P.W. Inspector 0.00 0.00 0.05 TOTAL PERSONNEL SUMMARY 0.00 0.00 0.58 • • 172 • City Council Minutes November 17, 1992 ACTION: Motion was made by Council Member Abernathy, 13B (1) CONDUCT seconded by Council Member Eshleman (1) Conducting a hearing HRG RESO NECESS' to consider the adoption of a resolution of necessity. BASELINE/ . (2) Adopting a mitigated Negative Declaration and ALMERIA SEWER California Fish and Game De Minimis Impact Finding PROJ MO 92-460 and directing staff to file the Notice of Determination (2) ADPT NEG and Certificate of Fee Exemption for a proposed project BASELINE/ which includes the acquisition of a sewer easement on ALMERIA SEWER Almeria Avenue between Baseline Road and Walnut Street SEWER PROJ and for construction of a sewer on Baseline Road from MO 92-461 Beech Avenue to Almeria Avenue and north on Almeria (3) ADPT RES Avenue to Walnut Street. (North Fontana) (3) Adopting 92-153 DECLARE Resolution No. 92-153. declaring that the acquisition of ACQUSITION an easement within certain real property (Tract No. 12314) EASEMENT by eminent domain is necessary for construction of under- TRACT 12314 ground sanitary sewer line facilities (Baseline/Almeria Sewer Project). Motion carried by a vote of 4-0. • Page 11 of 12 • 1 • • F 4 2 - - �'I •u•�r •rya• J -1... ' •��Ci� • • • HOI';�LA HAVEN PAOJL�,�a�� 21 'VIA 'IW . LNUT AVE ' -X TRACT 12314 £"`� , W _i • SC®ALE \ j '" • Ar Qo i THIS SEWER PP OJECT• ` 6 / WW o Q . • fl. 1 • S4 J� it‘ 4 _..LINE AVE I __ ...,,, .-. . -.... lilt is '� 21"DIA. �/ �i i 3�ti� W RASE LINE TRUNK I 1 ' APPROVED FT 111/f2 • • I- 'I i Q LEGEND -• i U. /i PROPOSED WASTEWATER W �0 COLLECTION LINES. i N •. 1 -------- --- -- ----- ._ '. q — W FUTURE • E OFF-SITE MAJOR -+ m • I WASTEWATER COLLECTOR $ \ I,,•H, 14411So I �t .J�{ EX I STING SEWER 1.7111111r MM. —mill AVE. INTERCE►TOI` ION-SITE WASTEWATER o e. .COLLECTION SYSTEM .T A r pw_ ' A L B E R T A. WEBS ASSOCIATES ' ' I O a, , A 1 C/V--( r _ I ;.:, B ENGINEERS • � RIVERSIDE. CAIIFORNIA OQcvmbtjr 15, 1992 ' ' ) • • • • • • Motion was made by Council Member Eshleman, seconded by CONSENT CAL Council Member Coleman approving Consent Calendar Items "A-C", "E-6", and "J" as follows: A. Authorizing the Community Development Department to advertise for bids for the construction of street. im rove- ATHRZI ADVERT ments on the east side of Sierra Avenue from Interstate 10 BIDS STREET. to Valley Boulevard. IMPRVMTSO SIERRA MO 92-501 B. Authorizing the Community Development Department to advertise for bids for the construction of a sewer trunk BIDRD SEWERETR . • line on Baseline Road from Beech Avenue to Almeria Avenue LINE BASELINENK and north on Almeria Avenue to Walnut Street. (North Fontana • MON92-502E Redevelopment Project Area) Page 3 of 16 _ _ p - (, (1-- iti___. e s e BID RESULTS SPREAD SHEET"•e PROJECT: IJrastn.ctiuo Construction Of Baseline Ave.&Almeria Ave. Tank Sewer System s Bid Date:Thursday.February 4,199302:00 PM Owner:City of Fontana Engineer's Estimate Alden W.Davies,Inc. B&A Coast.,Inc Tomer Engineering,Inc. It Estimated Unit et Unit Unit Uait Unit tits RilliillOSILIMSIMI Shad Quail!ail! b]it laid Diu T4iaI Pries Tsui trio Taal 1 21'V.C.P.Sewer(Ears Strength) 3.504 LP 70.00 245.210.00 53.00 185,712.00 61.00 213,744.00 60.00 210,240.00 2 1 V V.C.P.Sewer(B.S.) 2,406 LP 60.00 144,360.00 43.00 103,458.00 54.00 129,924.00 50.00 120,300.00 3 12'V.C.P.Sewer(B.S.) IS LP 50.00 900.00 30.00 540.00 40.00 720.00 30.00 540.00 4 11'V.C.P.Sewer(U.S.) 171 LP 40.00 6,840.00 29.00 4,959.00 40.00 6,840.00 25.00 4,275.00 • 3. 60•Manho1. 21 BA 3,300.00 69,300.00 2.330.00 48,930.00 1.900.00 39,900.00 2,400.00 50.400.00 6 Remove Hug t Join 21'V.C.P. 1 BA 1.500.00 1,500.00 1,000.00 1,000.00 50.00 50.00 2,000.00 2,000.00 • 7 Sawa*and Remove A.C.Pavement 43,500 SP 0.50 21,750.00 0.10 4,350.00 0.10 4,350.00 .0.40 17.400.00 B A.C.Personal(Baseline Ave) 1,200 Tons 40.00 48.000.00 47.00 56.400.00 40.00 48,000.00 35.00 42,000.00 9. Remove Plus&Join li'V.C.P. I BA. 1.500.00 1.500.00 1.00 1.00 50.00 50.00 1.200.00 1.200.00 10 12'Sewer Plus 1 BA 150.00 150.00 24.00 24.00 50.00 50.00 50.00 50.00 11 S'Sewer Plug 14 - BA 100.00 1.400.00 10.00 140.00 5.00 70.00 50.00 700.00 12 Striping 1 1.3 7.000.00 7.000.00 . 1.850.00 1.850.00 2,500.00 2,500.00 4,000.00 4,000.00 13 Trench Shoeing.Bracing or Shielding and Appurtenant Wort 1 LS 20,000.00 20,000.00 6,600.00 6.600.00 5.668.00 5,668.00 6,000.00 6.000.00 14 Marina end Drubbing 1 - LS 3,000.00 5,000.00 2.200.00 2.200.00 5,000.00 5.000.00 15,000.00 15,000.00 13 Pothole E:istigs Utilities 2 EA 500.00 1.000.00 165.00 330.00 200.00 400,00 500.00 1,000.00 16 21'X 6'Lateral Wye 8 BA 175.00 1.400.00 344.00 2,752.00 350.00 2,800.00 350.00 2,800.00 17 18'X 6'Lataal Wyn 44 BA 150.00 6.600.00 254.00 11.176.00 250.00 11.000.00 250.00 11,000.00 1S 6'X 4'Reducer 52 BA 50.00 2.600.00 26.00 1.352.00 1.00 52.00 20.00 1,040.0 19 Excavation(Almeria) 1 LS 10,000.00 10,000.00 9.680.00 9.680.00 10,000.00 10,000.00 6.000.00 6.000.00 20 15'V.C.P.Sewer(U.S.) 21 LP 50.00 1.400.00 38.00 1.064.00 18.00 504.00 35.00 980.00 21 15'Sewer Plug 1 BA 300.00 300.00 31.00 31.00 75.00 75.00 100.00 100.00 22 Apply Dry Aydroaeed Mix On Graded Ares Of Almeria Avenue 1 LS 7,000.00 7.000.00 4.950.00 4.950.00 4,200.00 4,200.00 6,000.00 6.000.00 23 Traffic Coauol Warning Signe. Barricades and AU Related War• l LS 10,000.00 10,000.00_ 5,100.00 5,100.00 5,000.00 5,000.00 - 7,000.00 7,000.00 1of14 t... A nnln vi C 7/R/93. A •••BID RESULTS SPREAD SHEET••• - PROJECT: lafrastrection Construction Of I !laicise Ave.&Almeria Ave. Tits&Sower System • Bid Date:llerellaw,Febniary 4,1993•2:00 PM &wrier:City of Feslaaa •Eaaioacr's Estimate - Aided W.Davies,loc. B A A Cond.,Inc Tomer Engineering,inc. Item Esdnata/ Usk et Veit Unit Dail Uric Nita 1f1!!a thiffiditt- tdca IlfrIrdss It1d IsWY thu I!W 24 hick t Molar Piss 4 BA 500.00 2.000.00 14/.00 336.00 150.00 600.00 50.00 200.00 2S Remove 6zda ins Manhole And S LP of t'V.C.P.&swat 1 1.3 3.000.00 3.000.00 1.460.00 1,460.00 500.00 500.00 1,500.00 1,500.00 26 46.Maiole 1 BA 2.500.00 2.500.00 1,395.00 1.395.00 1,000.00 1.000.00 2,000.00 2,000.00 27 Pipe Gems Per S.B.C.F.C.D. Dw11 SP 209 • 2 BA. 1.000.00 2.000.00 1.440.00 2,110.00 1.250.00 2.500.00 2.500.00 5.000.00 21 Tweaks Corrol Saadbasa " 1 L.S. 2.000.00 2.000.00 5,350.00 5.350.00 2,000.00 2,000.00 2,000.00 2.000.00 TOTAL'SID P*LC!<' S624.710.00 $464,020.00 S497.497.00 cc...a.0 $520,725.00 • 2 of 14 BASELINE.XLS, 2/9/93, •••BID RESULTS SPREAD SHEET••• PROJECT: l.trastruction Construction()f Baseline Ave.&Almeria Ave. Trunk Sewer System Bid Date:7lrndq,February 4,1993 0 2:00 PM Owner:City of Fenton Calton Coast.,Inc. Kenko Inc. Riverside Pipline C.P.Construction Co. Item Estimated Unit of Unit Vail Unit Unit Lifta Deacriatio■of ltene Oa My O.a.tk bka Tidal tdo 11111 bird 121411 I T4Ll • 1 21'V.C.P.Sewer(Ewa S4ragsb) • 3,504 LP 58.00 203.232.00 65.00 227,760.00 52.44 183,749.76 65.00 227,760.00 2 18'V.C.P.Sewer(B.S.) 2.406 LP 45.00 108.270.00 50.00 - - 120,300.00 48.35 116,330.10 57.00 137.142.00 • 3 12'.V.C.P.Sewer(E.S.) l8 LF 37.00 • 666.00 60.00 1.080.00 32.13 578.34 60.00 1.080.00 4 8'V.C.P.Sewer(B.S.) 171 LP 70.00 11.970.00 50.00 8.550.00 26.50 4,531.50 50.00 8,550.00 S 60'Manhole 21 BA 2.600.00 54,600.00 3,000.00 63.000.00 3,423.73 71,898.33 2,150.00 45.150.00 6 Remove Plus*loin 21'V.C.P. 1 BA 360.00 360.00 300.48 300.48 330.00 330.00 450.00 450.00 7 Sawcut and Remove A.C.Pavement 43,500 SP 0.10 4,350.00 0.10 4,350.00 0.21 9,135.00 0.15 6,525.00 I A.C.Pavement(Baseline Ave) 1.200 Tons 35.00 42.000.00 34.00 40,800.00 69.28 83,136.00 48.00 57,600.00 9 Remove Pius&Join 18'V.C.P. l BA. 360.00 360.00 300.00 300.00 330.00 330.00 600.00 600.00 11 12'Sewer Plus l BA 40.00 40.00 80.00 80.00 75.70 75.70 200.00 200.00 11 8'Sewer Plus 14 BA 5.00 70.00 20.00 280.00 51.41 $17.74 100.00 1,400.00 12" StriPini 1 LS 1.700.00 1.700.00 2.000.00 2.000.00 1,782.00 1.782.00 :1,200.00 1,200.00 13 Trench Shoring.Bracing or Sbield►ng and Appurtenant%La 1 LS 2.200.00 2,200.00 10,000.00 10,000.00 .7,700.00 7,700.00 7.000.00 7,000.00 14 Clearing and Grubbing 1 LS 34,243.00 34.243.00 2.000.00 2.000.00 12.320.00 12,320.00 3,500.00 3.500.00 15 Pothole Existing Wilde' 2 BA 400.00 800.00 200.00 400.00 550.00 1,100.00 300.00 600.00 16 21'X 6'Lateral Wye 8 BA 460.00 3,680.00 425.00 3.400.00 367.50 2.940.00 350.00 2,8(10.00 17 18'X 6'Lateral Wye 44 BA 370.00 16,280.00 325.00 14.303.00 281.71 12.395.24 280.00 12,320.00 1$ 6'X 4'Reducer 52 BA 10.00 520.00 0.01 0.52 44.00 2.288.00 15.00 780.00 19 Excavation(Almeria) 1 IS 20.000.00 20,000.00 21.500.00 21.500.00 8.250.00 8,250.00 8,372.00 8.372.00 20 1S'V.C.P.Sewer(U.S.) 28 LP 83.00 2,324.00 70.00 1.960.00 21.09. 786.52 57.00 1.596.00 21 15'Sew er Plus 1 BA 75.00 75.00 100.00 100.00 139.63 139.63 150.00 250.00 22 Apply Dry Hydroseed Mix Oa Graded Ana Of Almeria Aveass l LS 3,600.00 3.600.00 4.000.00 4,000.00 8,800.00 8,800.00 3.800.00, 3,800.00 23 Traffic Control Warning Signs. 1 LS 3,500.00 3,500.00 5,000.00 5,000.00 7,977.44 7,977.44 6,000.00 6.000.00 Barricades and AU Related Work* ; 3of14 •••BID RESULTS SPREAD SHEET*** PROJECT: Infrastrucooa Construction Of Baseline Ave.A Almeria Ave. Tneek Sewer System W Dais:7>rarsday.Febr>rary 4.1993 A 2:00 PM Omen City et FeataY Calton Cows.,Inc. Kenko Inc. Riverside Pipline C.P.Cooalruction Co. Lpa ER:mated Unit of Unit Unit Unit Unit d!. Rlii iation of 111111 Quail/ ) it Tlld miB 12W h1G! Toil 6it4 12W 24 Brick A Motu Plug 4 EA 200.00 $00.00 100.00 400.00 110.00 440.00 100.00 400.00 2S lteawv Erinieg Wohole And S LP Of P V.C.P.Sever 1 LS 1,400.00 1.400.00 500.00 500.00 330.00 330.00 750.00 750.00 2 411•/kabol• 1 EA 1.350.00 1.350.00 2,000.00 2.000.00 1.3311.70 1.331.70 1.375.00 1.375.00 27 Pipe Oates Per S.B.C.F.C.D. Detail SP 209 2 EA. 1.150.00 2,300.00 $00.00 1,600.00 1,650.00 3,300.00 1,400.00 2,100.00 2$ Eraios Ca4o1 Sandbags l L.S. 3.7110.00 3,700.00 2,000.00 2,000.00 2,200.00 2,200.00 5,000.00 5.000.00 TOTAL'BID PRICE' $524,390.00 $537,961.00 $545,000.00 $545,000.00 • 4 of 14 HILADBID.XLS, 2/5/93. ***BID RESULTS SPREAD SHEET••• PROJECT: Iafrastruction Construction Of Baseline Ave.&Almeria Ave. Trnnit Sewer Systems Rid Data:'Thursday.February 4,1993 0 2:00 PM Owmar:City of Fades') Merlin Johnson Cont. . Utah Pacific,Inc. Mladen Bumich,Coot. ,Boodimeo-McCain,Inc Item Fitimated . Unit of Unit Unit Unit Unit R'!a QIN& hks hid tl]Ia 12W hies T4lIV 10[!G6 ,. T4W I 21'V.C.P.Sewer(Tanta Strength) 3.504 LF 70.60 247.382.40 66.00 238,272.00 60.00 210,240.00 70.00 245,280.00 • 2 It'V.C.P.Sewer(B.S.) 2.406 LP 51.40 123.668.40 60.00 144.360.00 50.00 120.300.00 48.00 115.488.00 3 12'V.C.P.Sever(B.S.) • 18 LP 39.00 702.00 55.00 990.00 70.00 1,260.00 45.00 810.00 4 8'V.C.P.Sever(B.S.) 171 LP 20.00 3.420.00 42.00 7.182.00 30.00 5,130.00 77.00 13.167.00 S 60'Manilas 21 BA 2.200.00 46.200.00 2,500.00 52.500.00 2,500.00 52.500.00 3,000.00 63,000.00 6 Remove Plug A Join 21'V.C.P. 1 BA 350.00 350.00 450.00 450.00 2,600.00 2,600.00 1,000.00 1,000.00 7 Sawcut and Remove A.C.Pavement 43.500 SF 0.1S 6.525.00 0.3S 15,225.00 0.25 10,1175.00 0.22 9,570.00 • A.C.Pavemcot(Buoliae Ave) 1.200 Tons 30.00 36,000.00 25.00 30,000.00 33.00 39,600.00 27.65 33,180.00 9 Remove Plug A Join 18'V.C.P. 1 EA. 350.00 350.00 350.00 350.00 2,300.00 2,300.00 900.00 900.00 10 12'Sewer Plug 1 BA 35.00 35.00 125.00 125.00 618.00 618.00 50.00 50.00 11 1'Sauer Plug 14 BA 15.00 210.00 90.00 1,260.00 600.00 8,400.00 20.00 280.00 12 Striping 1 LS 1.645.00 1.645.00 2,000.00 2.000.00 5,000.00 5,000.00 1,050.00 1,050.00 13 Trench Shoring.Bracing or Shielding and Appurtooan Work 1 1.5 11.500.00 11.500.00 5.900.00 5,900.00 8,000.00 8,000.00 6,000.00 6,000.00 14 acacias and(rubbing 1 LS 1.000.00 1.000.00 5.500.00 5,500.00 9.000.00 9,000.00 29,300.00 _ 29.300.00 15 Pothole Existing Utilities 2 BA 200.00 400.00 1,750.00 3.500.00 400.00 800.00 350.00 700.00 16 21 X 6'Lateral Wy. 8 BA 620.00 4.960.00 500.00 4.000.00 550.00 4,400.00 630.00 5,040.00 17 lt'X 6'lateral Wye 44 BA 460.00 20.240.00 400.00 17.600.00 475.00 20,900.00 540.00 23,760.00 18 6'X 4'Raducsr 52 BA 19.00 988.00 65.00 3,380.00 200.00 10,400.00 60.00 3.120.00 19 Eacavuion(Almeria) 1 LS 13,800.00 13.1100.00 6.000.00 6,000.00 11,000.00 18.000.00 15,600.00 15,600.00 20 15'V.C.P.Sevier(B.S.) 28: LP 4S.2S 1.267.00 75.00 2.100.00 50.00 1,400.00 50.00 1,400.00 21 15'Sewer Plug 1 BA 50.00 50.00 150.00 150.00 409.00 409.00 90.00 90.00 22 Apply Dry Hy/trooped Mix On Graded Area Of Almeria Avelino 1 IS 6.300.00 6.300.00 1.500.00: 1,500.00 5,000.00 5,000.00 2.300.00 2,300.00 23 Traffic Control Warning Sign. Barricades and All Related Worn• 1 LS 10,550.00 10,550.00 '4,500.00 4,500.00 12,000.00 12,000.00_ 11,000.00 11,000.00 • 5of 14 HILADBID.XLS, 2/5/93, e e e BID RESULTS SPREAD SHEET••• PROJECT: • Iafrastrectios Coastructioa Of Baseline Ave.A ALe a Ave. Trunk Sewer System Bid Date:Taaday.Fehrwry 1,1993 0 2:00 PM Owner:City of Fenian Media Johnson Cont. Utah Pacific,Inc. Mlden Buntich,Coot. Bondiman-McCain,Inc Its Estimated Unit of Unit Unit Unit Unit tits RMIliMi2111111DDI �I�OI Sismaill Edo I. M rik, hid 6!c! 19461 1 4 1.21a1 21 Brick At Molar P aj 1 BA 50.00 200.00 150.00 600.00 500.00 2,000.00 50.00 200.00 2S Remove Existing Manhole And • 3 LP Of 1•V.C.P.Sewn 1 LS 750.00 750.00 1.1150.00 1,150.00 1,200.00 1.200.00 2,500.00 2.500.00 26 4$ Manhole 1 BA 1,340.00 1,340.00 1,500.00 1,500.00 5,500.00 5.500.00 2.000.00 2.000.00 27 Pipe Oetea Per S.B.C.P.C.D. Dosed SP 209 2 EA. 1.2111.00 2.576.00 550.00 1,100.00 1.1100.00 3.600.00 1.173.00 2,350.00 21 Erosion Central Sandhi. 1 L.S. 3.370.00 3.370.00 1.450.00 1.450.00 15.000.00 15.000.00 1,675.00 1,675.00 TOTAL*BID PWCB• N'....0 S545.771.10 S553.344.00 S576,432.00 cc...wt S590.110.00 • 6 of 14 BASELINE.XLS, 2/9/93, •"BID RESULTS SPREAD SHEET••• PROJECT: Infrastruction Construction Of Baadiae Ave.&Almeria Ave. Trunk Sewer Systet. Bid Date:Tbarsdaty.February 4,1993 0 21)0 PM ()mien Cigr et?Faison Si.Burkhardt,Inc. No.-ay Eieiroams Vicco Coast. Item - Estimated That e4 Unit limit Unit dla RIIED110012Willi Sb11tYty O111f111 pia lbfd 12111 nil 12141 I 21'V.C.P.Sower(Han Strength) . 3.504 LE 67.50 236,520.00 80.00 280,320.00 76.00 266,304.00 2 18'V.C.P.Sewer(B.S.) 2.406 LP 48.00 115.481.00 65.00 156,390.00 68.00 163,608.00 3 12'V.C.P.Satyr(B.S.) It LP 55.00 990.00 70.00 1,260.00 54.00 972.00 4 1'V.C.P.Sower(B.S.) 171 LP 30.00 5.130.00 60.00 10,260.00 50.00 1,550.00 S 60'blanboie 21 BA . 2,400.00 50.400.00 2,100.00 44,100.00 2,000.00 42,003.00 6 Remove Plug&Join 21'V.C.P. 1 BA 1.000.00 1.000.00 300.00 300.00 100.00 100.00 7 Saweut and Remove A.C.Pavement 43.500 SP 0.25 10,875.00 0.22 9.570.00 0.30 13,050.00 t A.C.Pavomaet(Baraboo Ave) 1.200 Tons 82.00 98,400.00 28.50 34,200.00 45.00 54,000.00 9 Remove Plug&loin 18'V.C.P. 1 EA. 1,000.00 1.000.00 300.00 300.00 100.00 100.00 10 12'Sewer Plug 1 BA 100.00 100.00 40.00 40.00 100.00 100.00 11 11'Sewer Plug 14 BA 50.00 700.00 30.00 420.00 10.00 140.00 12 Striping 1 LS 2.000.00 2,000.00 1.200.00 1,200.00 2,500.00 2,500.00 13 Trench Shoring.Bracing or Shielding and Appurtenant Wort 1 LS 4.500.00 4.500.00 12,000.00 12,000.00 16,000.00 16,000.00 14 Clearing and aging 1 LS 7,050.00 7.050.00 6.300.00 6,300.00 15,000.00 15,000.00 13 Pothole Existing Utilities 2 BA 150.00 300.00 300.00 600.00 600.00 1,200.00 16 21'X 6'Lateral Wye S BA 540.00 4,320.00 180.00 1,440.00 400.00 3,200.00 17 111'X 6'Lateral Wye 44 BA 375.00 16,500.00 160.00 7,040.00 250.00 11,000.00 18 6'X 4'Reducer 52 BA 50.00 2.600.00 8.00 416.00 10.00 520.00 19 Excavation(Almeria) 1 LS 11,000.00 18.000.00 8.000.00 1,000.00 6,000.00 6,000.00 20 15'V.C.P.Serer(B.S.) 28 LP 40.00 1.120.00 100.00 2,1100.00 60.00 1,680.00 21 15'Sewer Plug 1 BA 125.00 125.00 50.00 50.00 100.00 100.00 22 Apply Dry Hydroseed Mix On Graded Area Of Almeria Avenue 1 LS 6.000.00 6,000.00 3.800.00 3,800.00 5,000.00 5,000.00 23 Traffic Control Warning Signs. Barricades and All Related Wool:' 1 1.S 4,957.00 4,987.00 9,000.00 9,000.00 3,000.00 3,000.00` 7 of 14 11�1 ADBID.XLS. 2/5/93, • •••BID RESULTS SPREAD SHEET••• PROJECT: lafrastructies►Construction'Of Baseline Ave.4 Almeria Ave. Trek Sewer System Bid Date:'l)r+sdey,February 4,1993 0 2:00 PM Owner:City e[FeataY Si.Burkhardt,Inc. Nobessay Eaji octi i Vicco Coots. .ham Estimated that of [Jrit lhrit Unit tits 281flilliiIILICHINI 211111ill IWO T>tW !Mu: 101 Ions 12111 24 Brick&Molar Plug 4 BA 75.00 300.00 50-00 200.00 200.00- 800.00 25 Remove Mating Manhole And 5 LP Of t'V.C.P.Sewer 1 LS 1.200.00 1,200.00 1,500.00 1.500.00 1.000.00 1,000.00 24 4$•Manhole 1 BA 1,250.00 1.250.00 1.400.00 1.400.00 1.500.00 1.500.00 27 Pipe Oates Per S.B.C.P.C.D. Detail SP 209 2 LA. 1.600.00 3.200.00 800.00 1.600.00 500.00 1.000.00 23 'bogies Control Sandbags 1 L.S. 1.500.00 1,500.00 2,500.00 2,500.00 4,000.00 4.000.00 TOTAL•111D PRICE' U59S,555.00 $597,006.00 $622,424.00_ • 8of 14 Nu AnRin.XLS. 2/5/93. • • •••BID RESULTS SPREAD SHEET*** PROJECT: lafrastruction Construction Of Baseline Ave.&Maoist Ave. Trunk Sewer Systems Bid Date:TLersday,February 4.1993 0 3:00 PM Owatr.City el Fenta-a Collett&Sons Misden Grbsuoc Coots. 0.D.Beavers Msjich Ikea.,lac. Item Estimated Unit Unit Unit Unit Unit tits DIK1111121.11.110111 TM him Dial !Nita 12W trim 12181 1 21•V.C.P.Sewer(Extra Strength) 3.504 LP 71.00 273.312.00 10.00 2110.320.00 80.00 280,320.00 79.00 276,816.00 2 18'V.C.P.Sewer(B.S.) 2.406 LP 56.00 134,736.00 60.00 144.360.00 70.00 168,420.00 62.00 149,172.00 3 12'V.C.P.Sever(B.S.) It LP 57.00 1,026.00 50.00 900.00 60.00 1,0110.00 48.00 864.00 4 S'V.C.P.Seaver(B.S.) 171 LF 93.00 15,903.00 45.00 7,695.00 50.00 8,550.00 45.00 7,695.00 S 60'Manhole ` 21 EA 2.700.00 56.700.00 3.000.00 63.000.00 2,000.00 42,000.00 2,500.00 52,500.00 6 Remove Pkrg*loin 21'V.C.P. 1 EA 250.00 250.00 200.00 200.00 500.00 500.00 500.00, 500.00 7 Sawed and Remove A.C.Pavement 43.500 SF 0.27 11.745.00 - 1.50 65,250.00 0.50 21,750.00 0.20 8,700.00 I A.C.Pavement(Baseline Ave) 1,200 Toes 50.00 60,000.00 25.00 30.000.00 30.00 36.000.00 40.00 48,000.00 9 Remove Plug a Join IS'V.C.P. 1 BA. 250.00 250.00 200.00 200.00 400.00 400.00 500.00 500.00 le 12'Sewer Plug 1 EA 50.00 50.00 100.00 100.00 300.00 300.00 200.00 200.00 11 8'Sewer Plus 14 BA 25.00 350.00 50.00 700.00 200.00 2,800.00 100.00 1,400.00 12 StriPini 1 LS 700.00 700.00 2,000.00 2.000.00 3.000.00 3,000.00 2,500.00 2.500.00 13 . Trench Shoring.Bracing or Shielding and Appurtenant Work 1 LS 18.000.00 18,000.00 5,000.00 5,000.00 13,000.00 13,000.03 20,000.00 20,000.00 14 Ckaring and Grubbing 1 LS 10.000.00 10,000.00 1.000.00 1.000.00 3.000.00 3,000.00 10,000.00 10,000.00 15 Pothole Exiting Utilities 2 EA 500.00 1,000.00 200.00 400.00 250.00 500.00 500.00 1,000.00 16 21'X 6'Lateral Wye 8 EA 400.00 3,200.00 300.00 2,400.00 334.00 2,672.00 500.00 4.000.00 17 Is'X 6'Lateral Wye 44 EA 300.00 13.200.00 200.00 8,800.00 247.00 10,868.00 400.00 17,600.00 11 6'X 4'Reducer 52 EA 10.00 520.00 20.00 1.040.00 20.00 1,040.00 15.00 780.00 19 Excavation(Almada) 1 LS 6,000.00 6.000.00 2,000.00 2,000.00 10.000.00 10.000.00 15,000.00 15.000.00 2e 15'V.C.P.Sever(B.S.) 21 LP 106.00 2.961.00 65.00 1,120.00 200.00 5,600.00 50.00 1,400.00 31 15'Sewer Plug 1 BA 100.00 100.00 200.00 200.00 300.00 300.00 100.00 100.00 22. Apply Dry Hydroseed Mix On Graded Area Of Almeria Avenue 1 LS 4.000.00 4,000.00 1.000.00 1.000.00 3,000.00 3,000.00 3,000.00 3,000.00 23 Traffic Control Warning Signs. Barricades and All Belated Wort' 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 10,000.00 10,000.00 7,500.00 7,500.00 • 9 of 14 • H I LA D BI D:XL S. 2/5/93. •••BID RESULTS SPREAD SHEET••» PROJECT: latrastmctioa Construction Of ° Baseline Ave.A Almeria Ave. Tina Sewer System Bid Data:Monday,February 4.1993 0 2:00 PM Owner:City of Featasia Colich A.Sofia Minks'Gthauoc Coast. O.D.Besven Match Bros.,Inc. Iles Estimates Unit of Unit Unit Unit Uait Etta Dracrialisaistligal Luca Idea lard fsk$ T2W Boca Tani 24 Brick&Moor Pius 4 BA 150.00 600.00 100.00 400.00 200.00 300.00 200.00 300.00 25 Remove Baiwios Manhole And 3 LF Of s'V.C.P.Sewer 1 LS 500.00 500.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 26 43'Manhole l BA 1,600.00 1,600.00 1.500.00 1.500.00 2.000.00 2,000.00 1,100.00 1,100.00 27 Pipe Gatos Per S.B.C.P.C.D. Detail SP 209 2 BA. 1.000.00 2,000.00 1.000.00 2,000.00 1,200.00 2.400.00 2,000.00 4,000.00 2S Erosion Control Saadbasa l L.S. 1,000.00 1.000.00 2.000.00 2,000.00 1,500.00 1,500.00 3,000.00 3,000.00 • TOTAL°ND PRICE' $624,710.00 $630,285.00 $632,300.00 5639,327.00• 10of 14 VI ADBID.XLS. 2/5/93. s"BID RESULTS SPREAD SHEET"e s PROJECT: Idrisuuction Construction Of Baseline Ave.&Almeria Ave. Trunk Sewer System Bid Date:llursday,February 4,1993 0 2:00 PM Owner:City of Featiamt ben CodnGing Chriteve Corp. [a.6a.r Conn LB.C.Company Item - Fatimalad Unit of Unit flail Uric Unit tilt' D rainikaat11a . O.m kv (v Tarsal trim Tslfal hlct Dial Mut TAM • 1 21'V.C.P.Sewer(Lon Suoa ftb) 3.504 LF 63.00 290.132.00 79.00 276,816.00 80.00 260,320.00 90.00 315.360.00 2 It'V.C.P.Sewer(B.S.) 2.406 LF 65.00 . 156,390.00 66.00 158.796.00 70.00 161,420.00 15.00 204.510.00 3 12'V.C.P.Sestet(B.S.) 1t LP 50.00 900.00 43.00 774.00 200.00 3,600.00 80.00 1.440.00 4 r V.C.P.Siena'(B.S.) 171 LF 40.00 . _ 6.840.00 36.00 6.156.00 100.00 17.100.00 65.00 11.115.00 S 60.1,/aabob 21 BA 2.500.00 52.500.00 2.700.00 56,700.00 2,000.00 42,000.00 2,400.00 50,400.00 6 Remove Plus&loin 21'V.C.P. 1 BA 350.00 350.00 150.00 150.00 1,000.00 1,000.00 225.00 225.00 7 Sawwwt and Remove A.C.Pavement 43.500 SF 0.60 26,100.00 031 13.485.00 0.50 21,750.00 0.25 " 10,875.00 8 A.C.Pavement(Baseline Ave) 1.200 To 38.00 45.600.00 43.00 51.600.00 40.00 48,000.00 51.50 61.600.00 9 Remove Plus A loin 18'V.C.P. 1 BA. 350.00 350.00 75.00 75.00 1,000.00 1.000.00 140.00 140.00 16 12'Sewer Plus 1 BA 100.00 100.00 65.00 65.00 500.00 500.00 75.00 75.00 11 8'Sewn Plus 14 BA 75.00 1,050.00 10.00 140.00 100.00 1.400.00 15.00 210.00 12Pig 1 LS 1,800.00 1,800.00 5.000.00 5.000.00 5,000.00 5,000.00 4.465.00 4.465.00 13 Trench Shins.Brains of Shieldins and Appurleaant Wock 1 LS 15.000.00 15.000.00 7.000.00 7,000.00 20,000.00 20,000.00 1,000.00 1,000.00 14 Clearing and Grubbing 1 LS 2.500.00 2.500.00 39,794.00 39.794.00 12,000.00 12.000.00 1,000.03 1,000.00 1S Pothole Existing Utilities 2 BA 800.00 1.600.00 250.00 500.00 500.00 1,000.00 500.00 - 1.000.00 16 21'X 6'Lateral Wye 8 BA 500.00 4.000.00 550.00 4.400.00 500.00 4,000.00 455.00 3,640.00 17 18'X 6'Lateral Wye 44 BA 380.00 16,720.00 450.00 19.100.00 400.00 17,600.00 335.00 14.740.00 18 6'X 4'Reducer 52 BA 10.00 520.00 50.00 2.600.00 100.00 5.200.00 26.00 1.352.00 19 Excavation(Almeria) 1 LS 10.000.00 10.000.00 11.496.00 11,496.00 5,000.00 5.000.00 8,800.00 8,800.00 26 15'V.C.P.Sewn:(5.3.) 28 LF 40.00 1.120.00 52.00 1,456.00 200.00 5.600.00 10.00 2,240.00 21 1S'Sewer Plus 1 BA 75.00 75.00 70.00 70.00 500.00 500.00 130.00 130.00 22 Apply Dry Hydrated Mix On Graded Ana Of Almeria Avenue 1 LS 4,000.00 4,000.00 6,592.00 6.592.00 5,000.00 5,000.00 3,600.00 3,600.00 23 Traffic Caatrd Wemins Signs. Barricades and All Rained Wort• 1 LS 5,000.00 5,000.00 4,500.00 4,500.00 5,000.00 5,000.00 5,500.00 5,500.00 11 of 14 HILADBID.XLS, 2/5/93, •••BID RESULTS SPREAD SHEET•'• PROJECT: lahrawuctioa Construction Of Bandies Ave.A Aiaeria Ave. Trunk Sower System Bid Date:TBnraday,February 4.1993 O 2ol0 PM Owner:City of Fannon Jane Contracting Chtiteve Corp. Kershaw Comic K.E.C.Company 11rn. Fatimapd Unit e[ Unit Uait Unit Wit d!, QUM& Qriaalk c Mc' I1dd j10fB I11lai hits 121i1 Llll'd ICI 24 Brink A Moran Plug 4 EA 200.00 100.00 75.00 300.00 500.00 2,000.00 175.00 700.00 2S Bamove Raining Manhole And S LP Dill'V.C.P.Sever 1 LS 1.000.00 1.000.00 450.00 450.00 5,000.00 5,000.00 1,000.00 1.000.00 24 41'Manhole 1 EA 1.1100.00 1.100.00 1.200.00 1.200.00 2.000.00 2,000.00 1,230.00 1,230.00 27 Ape Ones Per S.B.C.P.C.D. Detail SP 209 2 EA. 1,400.00 2,100.00 550.00 1,100.00 2.500.00 5,000.00 950.00 1.900.00 • 23 Erosion Control Sending, 1 L.S. 2.000.00 2.000.00 5,045.00 ; 5,045.00 5.000.00 5,000.00 2,300.00 2,300.00 TOTAL"RID P1t10E• $651,747.00 1676,060.00 S619,990.00 $710,747.00 12 of 14 HILADBID.XLS. 2/5/93, • •••BID RESULTS SPREAD SHEET*** PROJECT: 1Jrastcuctioo Coustnactioa Of Baseiiae Ave A Almeria Ave. Trait Sewer System Bid DalE Thaodgl.February 4.1993 2:00 PM Omar:City et Fiataaa lltirsmodea Coon. Peter C.David Co. Sdotey Yawls,Imo INCOMPLETE MD tte. Estimated Unit et unit llait Unit tl!. D ciiatl t 1* I Shod' Zook Goya Tsl11 Ion :12it! Coca TsW 1 21'V.C.P.Sewer(Brmra Stnagth) 3.504 LF 89.00 311.156.00 104.00 364,416.00 59.00 206,736.00 2 It'V.C.P.Sewer(B.3.) 2,406 LF 16.00 206.916.00 %.00 230.976.00 56.00 134.736.00 3 12'V.C.P.Serer(B.S.) It LF 120.00 2.160.00 150.00 2.700.00 45.00 810.00 4 1'V.C.P.Sewer(B.S.) 171 LP 60.00 10,260.00 150.00 25,650.00 40.00 6.840.00 S 60'Maabot• 21 BA 2,500.00 52.500.00 2,500.00 52,500.00 2.200.00 46,200.00 6 Remove Plug It Join 21'V.C.P. 1 BA 100.00 100.00 2.500.00 2.500.00 100.00 100.00 7 Savant sad Remove A.C.Pavement 43.500 SF 0.50 21.750.00 0.50 21.750.00 0.15 6,525.00 i A.C.Pavement(Baraboo Ave) 1.200 Tom 57.00 68.400.00 40.00 43.000.00 58.00 69.600.00 9 Remove Plug A Joia 1t'V.C.P. 1 13A. 100.00 100.00 2.500.00 2,500.00 300.00 300.00 1$ 12'Sewer Plug 1 BA 50.00 50.00 100.00 100.00 50.00 50.00 11 1 Sewer Plug 14 BA 25.00 350.00 100.00 1,400.00 40.00 560.00 12 St:dPini 1 LS 5,000.00 5.000.00 2.000.00 2,000.00 2,500.00 2,500.00 13 Trench Shoring.Bracing or Shielding and Appurtenant Work 1 LS 10.000.00 10,000.00 20,000.00 20,000.00 0.00 0.00 14 Charing sad(rubbing 1 LS 10,000.00 10,000.00 5.000.00 5.000.00 2,000.00 2,000.00 LS Pothole Exhales Utilities 2 BA 500.00 1,000.00 S00.00 1.000.00 250.00 500.00 16 21'X 6'Lateral Wye t BA 500.00 4.000.00 300.00 2,400.00 150.00 1,200.00 17 18'X 6'Lateral Wye 44 BA 500.00 22.000.00 200.00 8,800.00 115.00 5,060.00 1$ 6'X 4'Reducer 52 BA 10.00 520.00 75.00 3.900.00 2.00 104.00 19 Excavatioa(Almeria) 1 LS 14,400.00 14.400.00 25.000.00 25,000.00 11.500.00 11.500.00 2i 15'V.C.P.Serer(B.S.) 21 LP 100.00 2,100.00 150.00 4.200.00 50.00 1.400.00 21 15'Sewror Plug 1 BA 100.00 100.00 100.00 100.00 90.00 • 90.00 22 Apply pry Hydr°e°ed Mix On Goaded Area Of Almeria Avenue1 LS 2,500.00 2.500.00 3,500.00 3,500.00 3.000.00 3.000.00 23 Traffic Control Warning Signer Barricades sad All Related Work* 1 LS 5,000.00 5,000.00 7,500.00 ,7,500.00 2,500.00 2,500.00 13 of 14 HILADBID.XLS, 2/5/93, ...BID RESULTS SPREAD SHEET... PROJECT: • lafrastructrn Coostnyctioo Of liaseias Are.4 Almeria Are. Tnr.k Sew System 1W Doha Thursday.Fibrwy 4.1,93 0 2:00 PM O+imer:City.(roams liiii=niznimilPaef C.Dwid Co. Ilea dsf. islim+� Unit et licit INCOMPLETE BID 24 Brick D rl .1 kar pl„s llama' b Ivat um* BA4 100.00 400.00 Sou oo Dirt . T�I TsW 1.200.00 � 2S lt'asar.admire Manhole A.d 50.00 200.00 t f S LP O •V.C.I•.1.r.r' 1 24O48* 1 LS 2.500.00 2.500.00 2.500.00 2.500.00 500.00 BA 2.000.00 2.000.00 1,500.00 1.500.00 1.1100.00 1,1100.00 27 Pips Oases Per SJ.C.F.C.D. Detail St 209 U Erosion SC2e�teol 3.s e 2 BA. 500.00 1,000.00 1.000.00 1 L.S. 10.000.00 10,000.00 1.000.00 1.000.00 1,300.00 2,400.00 1.000.00 1,000.00 1,000.00 TOTAL"MD 1RlCl;' 3767.662.00 U44,092.00 o*tsw *0* Cootracser Failed To Lint The Bid Price For Contact hem No.13 Trench Shoo:imp.Bodes or Sialdii sad Appaloosa(Woek. • it • • BASELINE.XLS, 2/9/93. 14of14