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Home My WebLink About5.6 To & From Utility CompaniesALL UTILITY COMPANY CORRESPONDENCE EXCEPT FONTANA WATER COMPANY (SEE SEPARATE FASTENED FILE) CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION. CAPITAL IMPROVEMENT SECTION UTILITY CHECK LIST PROJECT: WASHINGTON STREET EEV4ER LINE-CYPRESS AVENUE TO JUNIPER AVENUE I ET NOTICE 2 ND NOTICE 3RD NOTICE FINAL NOTICE CONTACT ~FILFrY COMPANY REO, FOR INFORMATION ' VF_RIFI. REQ. PERSON & COMMENTS DATE DATE DATE DATE PHONE NO, PACIFIC BELL 8/26/93 {//.~, 909359'2535 7,.// FRAN STEWART SO CAL EDISON .8/26/93 ~//,.~. 9~7~622~' SO CAL GAS 8/26/93 ZR 909335-7716 ~./~/ MARIO BARRERA /~073t//(~.~ f)~/d.?'t'/j', v'FONTANAWATER 8/26/93 ~///9} 90~822-220'i C City of Fontana CALIFORNIA Mr. Fran Stewart Southern California Edison Company 7951 Redwood Avenue Fontana, CA 92336 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Dear Stewart: The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start summer of 1995). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the city along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Thursday, May 4, 1995· If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership · "y Company does not have facilities in the project area. Name Title Date 8353 SIERRA AVENUE (P.G ~X 518) · FONTANA CALIFORNIA 92334~518 I (714}35~78~ SISTER CI~ -- ~MLOOPS, EC. CANADA C City of Fontana CALIFORNIA Mr. K. G. Soverns ~r~ Southern California Gas Company 1981 West Lugonia Avenue ~ ENGiNEER'SOFFIC6 Red/ands, CA 92373 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Deer Mr, Soverns: Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements within the box labeled "Portion Qf Easement to be Vacated by City" which must be reserved on one of the attached copies and return to the city along with a formal request, If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Thursday, May 4, 1995, A copy of your letter dated August 2, 1994 is enclosed, The portion of street mentioned in your letter is not the vacation the city is proposing at this time (See Exhibit). If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Prope~ies LTD,, a California Partnership 8353SIERRAAVENUE(P.O. BOX518) · FONTAN~CALIFORNIA9233~518 · (714)35~76~ SISTER CI~ -- ~MLOOP~ ~C. CANADA The Gas Compa, * -- .,, August 2August 2, 1994 City of ~ontana P.O. Box 518 ~ontana, California 92334-0518 Attention: John Tesley $oemmCalifomim RE: Vacation SUBJECT:Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Southern California Gas Company owns and operates a gas pipeline beneath the portion of street that is proposed to be vacated. Accordingly, in accordance with Section No. 8340 of the Streets and Highways Code, Southern California Gas Company hereby requests that an easement be reserved to ensure the continued operation of this pipeline. The Southern California Gas Company is requesting a copy of the recorded vacation document upon its completion. If you have any questions, please call Geri Lee at (909) 335-7733. Your cooperation in this matter is greatly appreciated. Sincere , Technical Supervisor KS/GL:lrp m mm - &CAN ~ SCALE= :) ,.o,~_ i~A.p.N. 251-171-18 A.P.N. 251-171-~7 4 I_d Ld b~ -~ EASF~ENT 10 Clfi' OF FONT/~IA ~ Ld ,'~ o:~' 'j )EDN SAN BERNARDINO CO- n-' Z )" pRNATE ~ ~J PORTION OF EASEMENT CaJ TO BE RETAINED BY CIIY HI TON WAS NG DRIVE b ..... ~R)~v~i~E~' '*"'---- 243.92' / NBg'45'46"E 425.gE' PORTION OF WASHINGTON DRIVE VACATED. RECORDED IN SAN BERNARDINO COUNTY. qN MARCH 20. 1990. O.R. 90-104433 L (OFFICIAL RECORD) ) 7/94 City of Fomt; i CALIFORNIA July 25, ] 994 File: WaShington Drive Sewer Project Mr. Bill Miller Comcast Cable TV 1205 Dupont Avenue Ontario, CA 91761 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. Miller The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. Name Title Date 8353 alERRA AVENUE(P.O, BOX518) · FONTAN& CALIFORNIAg2334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~ recycled paper City of Fonta . CALIFORNIA ;2L%on D,,ve Sewe, P,oiec, Mr. Them York Pacific Bell Telephone 3073 Adams Street Riverside, CA 92504 RE: Proposed Vacation of e Portion ef Washington Drive Sewer Pump Station Easement Attention; Mr. York The City of Fontana is presently giving consideration to vacate the pe~ion of the subject easement not to be used after the station is removed {Project to start later in this year). Two cop{e8 of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclesuree Andy Trachman Dirtchar Traohman Prope~ies LTD., a California Partnership ..E ..... . SISTER Cl~- ~MLOOP~ ~C. CANADA ~ r~ycl~r C"' City of Fontana CALIFORNIA April 17, 1995 File: Washington Drive Sewer Project Mr. Andy Trachman Birtcher Trachman Properties 1552 Edris Drive Los Angeles, CA 90035 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Dear Mr. Trachman: Please find enclosed copies of correspondence to utilities companies for your records. If you should have any questions regarding this maker, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures 8353 SIERRAAVENUE(P.O, BOX518) · FONTANA CALIFORNIA92334-0518 · (714) 35(>7600 SISTER CITY- KAMLOOPS, B,C. CANAOA C': City of Fontana CALIFORNIA April 17, 1995 Mr. K. G. Soverns Southern California Gas Company 1981 Wast Lugonia Avenue Redlands, CA 92373 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Dear Mr. Soverns: Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements within the box labeled "Portion of Easement to be Vacated by City" which must be reserved on one of the attached copies and jeturn to the city along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Thursday, May 4, 1995. A copy of your letter dated August 2, 1994 is enclosed. The portion of street mentioned in your letter is not the vacation the city i8 proposing at this time (See Exhibit). If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. Name Title Date 8353 SIERRA AVENUE(P.O. BOX 518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA The Gas Cempa., · August 2AUgust 2, 1994 ~ ' 8 City of Fontana P.O. Box 518 Fontana, California 92334-0518 Attention: John Tesley RE: Vacation ~.~ Al,~on,~ .~.~.l,~ SUBJECT:Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Southern California Gas Company owns and operates a gas pipeline beneath the portion of street that is proposed to be vacated. Accordingly, in accordance with Section No. 8340 of the Streets and Highways Code, Southern California Gas Company hereby requests that an easement be reserved to ensure the continued operation of this pipeline. The Southern California Gas Company is requesting a copy of the recorded vacation document upon its completion. If you have any questions, please call Geri Lee at (909) 335-7733. Your cooperation in this matter is greatly appreciated. / Technical Supervisor KS/GL:lrp U,G. PAC. BELL &CAIV ~ : SCALE ~ I ':40 ' L,J ~o~ i~d ::) "'- i:A.P.N. 251-171-18 A.P.N. 251-171-17 ~ bJ >' ~ EASF..,MENT 'O CITY OF FONTANA :~ L,J ~ "%'< ~ RECORDED'N SAN BERNARDINO CO. ~ ~ ~. ~ ON OCTODE ~ 12, 990. ~, - >_ L) pO..~TION OF EASEMEN~ /w ,E TO BE RETAINED BY C TY ~WASHINCTON ~ ~ ' ' ~ ' ' 4'¢'' ' ' ' '~/WL;~EHr''' 245.92' N89'45'46"E PORTION OF WASHINGTON DRIVE VACATED. ~ 425.96' RECORDED IN SAN BERNARDINO COUNTY. qN MARCH 20, 1990. O.R. 90-10443,t ~ (OrRC~AL RECORD) ~ 7/94 C" City of Fontana CALIFORNIA Mr. Fran Stewart Southern California Edison Company 7951 Redwood Avenue Fontana, CA 92336 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Dear Stewart: The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start summer of 1995). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the city along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Thursday, May 4, 1995. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. Name Title Date 8353 SIERRAAVENUE{P.O. BOX518) · FONTANA CALIFOFINIA92334-O518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA A 1Ii501.UTIOff OF THE CITY COtMOIL OF THE CITY OF FONTAJ(4 OltOtilNq THE VACATION OF A IS~ITION OF VAIHIN~TON AVFj~JE FAST al4) VEST OF JIJNIPEi AV(?eJ! ~ A PORTION OF ,WU141PF, R AVetill SQIJTH OF yALLFr IQULLrVA~. It appearing to tf~e satlstdctlofi of the Gity Council of the City of P~fi,tana that s lesolvtlo~ of Intention to Vacate the berethalter described strut. dul~ and regularly ~ssss4 ~ the ~lt~ ~o~ctl of the ~lt~ of Fontsas on day of February, 1110, and that sate resoluttm was ~bllshed in the Nm, a ne~pa~er of lenatel ctrculatt~, not less than 15 da~ frm Zhe date of the ~sssage of the resolution and mrs thin 10 days ~fore the tim of the hearing on the Frogsad vacatl~l that ~stinl of ~tlces as requtr~ vat duly and rt~lar'7 Hrfomdl I~ that said hatring m the vsc~tlon having reguTlrll c~ ~ fop hearthI ~ the Ith 4~7 of Hitch, 7:30 F~m. ~ said day, the Ctt7 Co~tl hiring fo~4 rr~ ~11 or the evidence sumtzted that the berethalter 4escrta~ ~rttm of hshtngt~ Avenue, vest of J~tper Av~e end i ~rt!~ of ~tHP Avenue bth o haleyard Is unnecessar~ for ;resent or pres;ttve ~blie sepal ~r~ses. NW, ~EREFOR[, IT IS HU~Y OM~ that t~se ~rttons of said sirfits Tawfully or officially ~ IS Vashfngt~ Avow, east a~ nat of Avenue lad J~tper Avenue s~ of VIilay blevtrd sad letally describe 'A. That Nrtloe of rashIndian Aveme te be vicetel East of hatper Avenue, ~ being a ~rtt~ of ~t-T~Ite ten &Mlttr C~anF su~vtst~, rKored In Nil ~ tie Pl~ 12, Sm le~l~l~ ~tf R~rder, State of 1 '. C/i I fornil. el pl~t~laflF delcrt~ as foilms ~ c~tnl at t~ tntersKtt~ of Valley ~leve~ & ~tHr Ave~el' ~ ; I -L- Thence Sout~ ~0~..'44· East IlCT.g the canterllne of d~per Avenue o disgrace ef 1040.01 feet to the intersection of auntper Avenue ind. Thencl retriclnl sl~g said centerllne a distance of 20.~ feet 16 the ~rt~erlI RIft-of-May of satd Vashlngton Thence along the ~rt~erl~ NIght-of-ely ~rth 8~44'11' East I distance of ]el.l] feet to I ~tnt earking the beltnntnI of e tangent CMFYI htvln1 redtus of 480.~ feegl Thefce alefig the arc of said curve through I central angle Of 27 * 3~'01' ~ev~ng in arc distance or 231,GS feet; t~ ~ ~f distance of 4S.~ flail Thence Northerly lionI the Ire of llld curve through I clntrll artIll of lOllsale hiring in arc dlstlncl of 17.71 fllti Thence North IIwH'2I' tiff I ~tltlnel of 4S.NI Thence S~th ~e Ote3:e East a dtst/nce e3.1l let to the ~rtherly RIght.of.iay of Cattrams interstate ~O per Gaitrams drewtnl !~2S341 Thence alertt said RIght-of-ray bib 7~*~O'01* Vest a dlstl~e of t7~.14 feet to e point martint the beginning of 8 tanlent curve hevtn9 a radius 4IS.~ feet to the rigfill Thence along the are of said cu,e thr~h a central emile of 18G2g'Og" Vest I distance of ISd. Ol fleet Thence S~th 8e4~'17' Vest 349.H' Therice letv~ng ta~d Right-of*Vat krth ~1~'44' East e dlsttncw of ZQ.~ feet te the TRUE POt: ~ ,F IHlml~. !. That portton of Vtshtngte' ~kr~l te be vacate vest of ~l~r Avenue in Nip IHk 11, Pege 12, $e lefnlrdl~ C~ty tgordlf, State of California, mre parttculaPly described is cm~tn~ at the lntersKtl~ of valley blevir4 aM ~t~r Avenues The~e ~th ~'44e [sit i1~1 ~]~r Av~ a i]sti~e of XQaQ.QI feet to the intersKtt~ of J~l~f t~ Vashtnlt~ Avenue baits the POiNt Of The~e c~ttnutnl ~ O~lZ'~* East t distaMe of ZO.~ feet to the ~rth~rIy RIIht-of-VaY, Celtfins Interstate 1O ~r Cattries driving tlZH4l feet to the Unitefly 1lee of the East S.SI icr~s of Let 7388 ./0-1044 Thorpe lieeI tied Northerly IISht. Of-Vi]F I itsthroe of ~S!.17 felt Thence ~4uth Oft2'44· II~1 1114 clntlrl~ne i distance if 20.~ flit the T~U! POl~ OF IEOl~l~. C. A ~rtlo~ of J~lper Avenue te be vatReed ~e~n1 I Netira of Set-Tropic Land I eerie C~/ny su~dh~st~, rKordd In ~el IH~ It, Pile ler~erdtne C~t~ Ricerear, State of Catlfor~ta, are C~nclnt it the lntersecttm of 1slhf l~Tevird end J~ptr A~en~e: distance of 673.1~ feet to The~e Nerth It~ 4l'11' hat e1~1 t~ ~r~h 11~ of tied Lot HIt d~sta~e of 30.N feet to the Easterly RIght-of-vsy of said ~tper Aven~e; Thence South ~1~'44' [Rat el~I slid ~tlht-of-iaF I 41111nce of )41,1t Rtght-of-Vl~ of Callfins Interstate tO He CIItrans drlvlnI titS341. Thence ~th 11~41't7e Vest 30 flea 18 t~ (I~tIPlIN ef ~tHr Thence S~th I~ 45'46' Vest I dlstl~e 1f 3Q,~ fat to the ~19ht-of-VlY of laid J~tper Avenues Thine hrth ~ 11*44e Vest 11~1 slid Vll~lrly 111ht*of-vly of 341.11 flit to I Mint thlt II S,lS flit krth of a~ pitliter ~rth line of Lot 7 SI 3 ~l~t ~rth I~ 45'46e Ilia I IlStI~t Of 30,~ fee tO the ~ ~t~ That slid sireel are 11vfvlly or offlef,.,f ~ aM 0~ c~ly IS Illhlnlt~ Avenue l~ ~tNP Avenue a~ rlflr!~l I1 ~rlly nee to t~ el or pain ~ fill ~n t~ office of the CIty Clerk fop fwt~r pirglcullrl I~ t~e pro~sd vucatt~ of sat4 streets that It Is Intolid to Fellfie ~d exctp~ 0YaP AM u~ ~ IreHid village, in ellmet to c~tt~t, place, ~tntltn, refute, re lace a~ fmve s~h tarts1 tele~e, undQtlrM vltlr$ -)- : ....... AfPI~G ~ ~g this lib day of Hitch, 1910. I, Ratthe I. Stsen~k, CttF Clerk of ~ CIty of F~t~l, CliOradii, de t~ I~ day ef RIP~, 1IN 11 ~e follelnf vote, te-wttl CI~ OF FO~TANA ~c~.-. ~ SAN eERNA~INO ~ CO~ CALIF. ' , . Continental La~vyers Compan',r ~ Recording requested by ~ (d RECORDED ~H City of Fontana Ssv~ 5__OTr ~.~<; OFFICIAL RECORP'-- ~hen recorded mail to: N 12 ' SAN 5ERNAROtNO CO.. CALIF. city of F~tana APe 25~-~7~-~8,~7 P.O. ~x 5Z8 Address F~t~a, ~ 923~ 8utldlng perrote (Att~tt~: ~gtmrtng Dtvtstm) EASEMENT OEED Documentary Tax Due $ (Grantors) BIRTCHER TRACHMAN PROPERTIES LTD., By: A CALIFORNIA PARTNERSHIP, FOR A VALUABLE CONSIDERATION, receipt of whtch ts hereby acknowledled Does__ Hereby Grant to the CiTY OF FONTANA, a INntctpal Cormration, an ease- ment for street, highway and public utility purposes over, under, and u~on the reel property In the City of Fontana, County of San 8ernardtno, State of California, describe as FINANCE DEPARTMENT Said described parcels are II shQ~lt oil 'Exhibit A', sheet 3 of 3 BIRTCHER TRACHHAN PROPERTIES LTD., A California Limited Partnership BY: A.~!. TRACHPRN ZNVESTHENTS-[, A CALIFORNIA LIMTTED PARTNERSHIP, GENERAL PARTN BY: ~Y: LTCItER REAL ESTATE LIMITED, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PART~ BY: ~~ , A CALIFORNIA CORPORATION, GENERAL PARTNER : e PREs [ DENT ' Sheet 1 of 3 90-408045 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTy OF C'~'~ ) On J/~r/~s/! , 19 4c~ , before me, the undersi~ned, a Notary PubLic in and for ~d State, persona~y appeared MICHAEL H. VOSS, personally known to me (or proved ~o me on the basis of saGsfacto~ evidence) to be the person who executed the ~t~ inst~ment as 3~q~e President on beM~ of DIRTCIIER R~L ESTATE IN~, a Ca~orm coloration, s~d co~oMtion bein2 the 2ene~ partner of BIRTCHER R~L ESTATE LIMITED, a Ca~orm limited parlneM~p, w~ch parlners~p is a 2ene~ parlneP of BIRTCHER TRACH~N PROPERTIES LTD., a C~orm ~ted parlneM~p, the paPineM~p t~t executed lhe ~fh~n instrument, ~d ac~owled2ed to me t~t he exerted the ~fhin ~stmment on be~ of DIRTCIIB~ ~L ~TATS I~I~ pu~uant ~o its Bylaws or ~solutions oE its b~rd of ~o~, l~t ~d ~o~on executed the ~thtn i~t~ment on be~ or BIRTCHER R~L ESTATE LIMITED lMt ~d partners~p executed the ~t~ ~t~ment on hem BIRTCHER TRACH~N PROPERTIES LTD., ~d tMt BIRTCHER TRACH~N PROPERTIES LTD. exerted the ~. WITNESS my hsnd ~d offi~ s~. O~C~ S~ ~ PU N~ (TYPED OR PRINTED) (S~L) 90-406045 ACKNOWLEDGENtENT STATE OF CALIFORNIA ) ) ss COUNTY OF J~'~-~t- ) On 2't~ H , 19q6~ , befoTe me, the undersigned, a Notary Public ~ and [o~ald State, personally appeared ANDREW M. T~C~N, personally kno~ to me (or p~ved to me on the basis o{ satisfactory evidence) to be the person who executed the wit~ ~st~ent and who Is the general partner o[ A.M. TRAC~N INVES~NTS - I, a Cslltorn~ ~ted partnership, said partnership be~6 a gsneral partner of BIKTCHEK TRAC~N PKOPEKTIES LTD., a Ca~ornla ~ted partnership, the partnership that executed the wit~ ~stment, and acknowledged to me that he executed the with~ ~str~nt on beh~ o~ A.M. TRAC~N INVEST~NTS - I, that said partnership executed ~he with~ ~str~ent on behs~ o[ BIRTCHEK TRAC~N PKOPEKTIES LTD., and that BIKTCHEK TKAC~AN PKOPEKTIES LTD. executed the s~. WITNESS my hand and offleVi se~. (SEAL) 90-408045 Dated ~.hts day of lg ACXHOVLEDGNENT OF Thtsts to certtfy Zhit the ~erest In reel property conveyed STATE OF CALZFORN S$. by the deed~r grant dated COUliT~ OF SAN B ) ~e~,y/~ / On before me, the undersigned Notary Publlc tn and to the City of Fontins, for satd and State, persona]ly e Huntctpal Corporation, ts hereby appeared accepted by the undersigned officer pursuant to authority conferred by known to me (or proved to resolution of the Ctty Council me busts of satisfactory evt- adopted on October 3, 198gl and '~he to be the person whose name_ grantee consents to the recordst4on ubscrtbed to the wtthtn thereof by its duly authorized . and acknowledged to Be officer. exKuted CZ~f OF FOIITA&4 Notary stgnatur® or Ctty Parcel !to. ~--~j~ Sheet Z of 3 90-40 045 EXHIBIT A LEGAL DESCRIPTION A portion of'the West 2.70 acres of the East 5.5G acres of the North 10.96 acres of Lot 735, Semi-Tropic Land & Water Company subdivision, recorded in Map Book 11, Page 12, San Bernardino County, Stare of California, described as follows: Beginning at a point On West line Of the East 1/2 Of the West 1/2 of ~he West 2.70 acres of the East 5.56 acres of the North 10.96 acres of said Lot 735, said point being on the northerly right-of-way line of Washington Drive; Thence northerly along the west line of the parcel of land described above, North 00ela'44" West, 45.00 Thence North 89e4S'46" East, 11Q.00 feet; Thence Sou~h 00"12'44" East, 45.00 feet to a point on said North line of Washington Drives Thence westerly along said North line of Washington Drive, South 89e45'46" West, 11~.0~ feet to the TRUE POINT OF BEGINNING. Page 3 o~ 3 I I ,,~.~. '~ ~.,. , CITY OF FONTANA. CALIFORNIA DEED P~T U.G, P~C. BELL & CAW ~ SCALE ]':40' ::) ,~,~ i~A.P.N. 251-171-18 A.P.N. 251-171-17 ~ ~,5 "~ EASEMENT '0 CITY OF FONTANA :~ Ld , ~- ~d /f RECOI~DED N SAN BERNARDINO CO. · W,~ASHING ON L (OFFICIAL I~ECOF~D) 7/94 FROM BEARING DIST(Feet) NORTH EAST TO 13 N 89^45'46.0"E 29.7801 10,000.4554 10 109.9991 4 BB INT 13 S 89A45'46.0"W 55.9939 10,000.1003 10 024.2257 14 BB INT 14 N 75A26'20.2"E 54.2532 10,013.7402 10 076.7364 12 BB INT 10,000.0000 10 000.0000 1 1 N 00^12 44.0"W 45.0000 10,044.9997 9 999.8333 2 INV 2 N 89^45 46.0"E 110.0000 10,045.4551 10 109.8324 3 INV 3 S 00~12 44.0"E 45.0000 10,000.4554 10 109.9991 4 INV 4 S 89^45 46.0"W 29.7801 10,000.3321 10 080.2192 13 INV 13 N 14~33 39.8"W 13.8530 10,013.7402 10 076.7364 12 INV 12 S 75A26 20j2"W 54.2532 10,000.1003 10 024.2257 14 14 S 89^45 46.0"W 24.2259 10,000.0000 10 000.0000 t INV 10,000.1003 10 024.2257 14 14 N 89~45'46.0"E 55.9939 10,000.3321 10 080.2192 13 INV **W1 Max=lll Uef=15 ** PRINTER OFF ** POINT CODE OFF ** ELEV OFF** FROM ? S STORE PT B# DISPLAY BER # OI OFFST-INT CA CALC AREAS PI PI-CURVE ^# STORE BER# PB PRINT BER LIST 0 OFFSET IZ INV W/ELEV CT CURVE TOL A AREA Y/N D SET DEFAULT PT X X-SEC NTS DP DELETE PTS M MORE OPT J STA'S Y/N RD RESET DEFAULT SS SIDE-SHOT AC ARC CALCS H HELP P PRNTR Y/N R BER,DIST LIST CI CNT INTRP Z INPUT ELEV E EXIT PGM FROM BEARING DIST(Feet) NORTH EAST TO 11 N 14A33'34.3"W 7.5000 10,013.7401 10,076 7472 12 TP~AV 12 S 14^33'34.3"E 13.8528 10,000.3322 10,080 2296 13 BB INT 13 N 89^45'46.0"E 29.7697 10,000.4554 10,109 9991 4 BB INT 13 S 89^45'46.0"W 55.9988 10,000.1003 10,024 2313 14 BB INT 14 N 75A26'25.7"E 54.2583 10,013.7401 10,076 7472 12' BB INT 10,000.0000 10,000 0000 1 1 N 00^12 44.0"W 45.0000 10,044.9997 9,999 8333 2 INV 2 N 89^45 46.0"E 110.0000 10,045.4551 10,109 8324 3 INV 3 S 00^12 44.0"E 45.0000 10,000.4554 10,109 9991 4 INV 4 S 89^45 46.0"W 29.7697 10,000.3322 10,080 2296 13 INV 13 N 14^33 34.3"W 13.8528 10,013.7401 10,076 7472 12 INV 12 S 75^26 25.7"W 54.2583 10,000.1003 10,024 2313 14 INV 14 S 89^45 46.0"W 24.2315 10,000.0000 10,000 0000 1 INV **W1 Max=ill Def=15 ** PRINTER OFF ** POINT CODE OFF ** ELEV OFF** FROM ? 0 S STORE PT B# DISPLAY BER # OI OFFST-INT CA CALC AREAS PI PI-CURVE ^# STORE BER# PB PRINT BER LIST 0 OFFSET IZ INV W/ELEV CT CURVE TOL A AREA Y/N D SET DEFAULT PT X X-SEC NTS DP DELETE PTS M MORE OPT J STA'S Y/N RD RESET DEFAULT SS SIDE-SHOT AC ARC CALCS H HELP P PRNTR Y/N R BER, DIST LIST CI CNT INTRP Z INPUT ELEV E EXIT PGM _ Of LOT 755 Ld O,_O (3 ~om z z ZD ~ baL,jcO A.P.N. 251-171-18 A.P.N. 251-171-17 I b_b_O ~- ;t J I °o~ PARCEL ~oo~' ~ ~ e_ M.B.I~5Z'~-II \Ld ~ ',..-" Ld Z ....... . WASH~NG'~ON" ~::-"' '7' 7: :" ',,p · ' ';" ':"' PORTION OF WASHINGTON DRIVe' VACATEDj''/'~ RECORDED IN SAN BERNARDINO COUNTY, ~SOUTH LINE OF NORTH 10.96 ON MARCH 20, 1990. ACRES OF LOT 735, SEMI-TROPIC LAND &c WATER CO. SUBDIVISION, ~ ( .) ~ue ,,4~.~t~.,,~ t,~,~ Rm. lZ4~1, , ~,~,,~ /.~_i/M.B.11, PAGE 12, Ap[Droved City Pgrcel No. CITY OF FONTANA, CALIFORNIA XXXX DEED PLAT sHEEr Drawn By: Jr ,..o,.,.,o. ,o-.90-104433" \... A RESOLUTION 0f THE CITY C0(MCIL OF THE CITY OF FONTAJdA 01tOEItl~ THE VACATION OF A PORTION 0F MASHII~TON AVENtJC FAST ANt) VaST OF JVN!PEI AYE]dtJ! AND A PQftTIQN OF JtMlPF~t zt appearing to the satisfaction or the City Counctl of the CIty of Fort.tint that e liesolution of Intention to Vacate the heroinafter described strm. t was duly and regularly passed by the City Counctl of the City of Fontant on the 6th day of February, 1$gO, and that satd resoluttofi was published In the NeraTd News, 8 nevaDaper or gunoral ctrculetlofi. not less than 15 days t'roel the date of the passage of the resolution and Born than 10 dlya INfore the ttme of the heartrig on the proposed vacatlofil that poatlnl of notices as required by 1all was duly and regular*y porformdS and thee aatd haartnl un the proposed vacation havlnl regularly come ~, rot hearInS on the Ith day of Ketch, 1'leO, at 7:30 p.m. on setd day, the CIty Council havlnl Found true all or the artdance I Boulevard Is unnecassar7 rot present or prospective publlc street purposes. H0e, THEREFORE, IT IS HERtRY ORDERED that those Imrttuns of said streets lawfully or officially Icn~m as Mashingtoo Avenue, east and west of Avenue and Juntpur Avenue south of Yallel kaleyard and legally described as fo|1owSz A. That portlo~ of Mashingtoe Avenue te be vacated East of ,:uatpor Avenue, : betng a ~rtt~ of ~I-T~pIc La~ & Mater C~y suM!visit, r~ordd ~ . ~ In nl~ ~ ]Is h~ ]~e ~ le~a~t~ ~ty Rworder, State of ' ~ California, ee pa~t~tarly descrt~ as foXms Cm~tn9 at ~e intersKate of Valle~ ~levs~ & ~!~r Avenues ; ~ ....... ,~ 90-104433 ' Thence South OO~ll'44· East ste:.g the csntarl t~a of Juniper Avenue a elltinGe of 1040.07 feet to the intersection of Juniper Avenue and "' usshtngtoe Avenue being the TRUE POINT OF 8[aileHll~i ' Thence retracing alefig said cent·tithe s dtstance of 2O.O~ feet to the hrtharly Right*of-May of said Mash;hUron Avenues Thence along the North·fly RIght-of-May North alo4d'17, East e dtstince of 3S1.13 feet to · point earking the beginning of a tangent curve having a radtus of 480.00 feet; Thence along the arc of said curve through · ·eatraT angle of 27*3g'000 having in arc distance of 23|.66 feast t,- non-tangent curve the central point of ~lch beers NOrth II}Og,21· or a distance of 4S.OO Thence NOrtherly along the arc of said curve through a central angle of 8le ll'SZ' having an arc distance of 17.7g reetl Thence North 8IeSQ'iI' East a ~lstance of 4S.OOl Thence South OO°OgsiE· East a distance g3.gg feet to the NOrtherly Right-of-May of Callruns interstate lO per Celtruns driving giiS341 Thence along said RIght-of-May South 71"20'Q1' Vest e d¶stanco of 37~.i4 feet to e point marking the beginning of e tangent curve having I radius of 48S.OO feet to the righit .:. Thence alone the arc of sold curve through a central angle of 1862E'Og" Vest I distance of ISI.OI feet;. Thence South g(4d'|T" Vest 348.36' Thence TeeMing said lilght-of-iay krth OQ" |1'44' East I distance of 20.00 feet to the TRUE POle r nF BEGINNiNe. That portion of gashinUre- ~rque to be vacated Vest of ~lunlper Avenue being I perttaft of Seat-Tropic Land i inter Company subdlvisio~, recorded in NIp louis II, Page 22, $u hrnerdlno County Recorder, State of California, are particularly described Is rollmess Ceemencinl at the intersection ef Valley kaleyard and Juniper Avenue; Thence South OeZi,44· East lionI v'uniptr Avenue I distance of 1040.07 feet to the intersection of Juniper end Mashengine Avenue bears the TRUE POINI OF I[I|;{~INGi Thence continuing South 0;1~'44· hit a titSSince of ZO,OQ feet to the NOrther!~ Right-of-icy, hiteel Interstate lO per CatSfens drlvtnl fiZS341 ,' Thence South Ile4S'41· hit IIonl said Itight-of-VliF a distance of Ill.17 rent to the Vesterly line of the East $.SI acres of LOt 731l .. 0-1044 '- Thlnce lesvSnl said St¶he-of-ray kl0rt~l O' |2'44' Vest alonI said vestsfly TIne a d~it/nce of 4O,N fee to the ~rtherly RIghl-ef-iay of said :, the c~terltne ef JuniOr Avenuel Thence ~th O~lZ'44* stone said centerline a distance of 2Q.~ feet of the T~[ POi~ OF Land i eater C~lny subdivests, rKordd tn ReI I~ It, Pate it, San hrnirdtno C~ty 8leerder, State 0f California, are pirtlcMlirly described el fo11Nt C~nclng st the IntersKtt~ of We110~ I~levard sad J~lper Aven~ ~e~ee ~th ~ 12'44° Test ales the centerlane 0f J~tNr Avenue 0 dlstl~e of 673.17 flit to the ~rth Tree of Lot 7141 The~e hrth Ig;4l'l~' East 01~g t~ ~rth 11~ of lied Lot 730l distance of 3O.N feet to the ElsieFir Rtght-of-va~ of sled ~per Avenue; Thence ~th ~12'440 [ast 81~1 said Right-of-elF I distance of 348.99 feet to I ~tnt that is 4O.H feet krth of end Farella1 vlth the krth Ktght-of-VaY of Caterins lAterstate XO Nr Celtruns dra~tnl t~2S)4i. Thence ~th ll~4l'17· vest 30 feet to t~ clntlrl lN 0f ~lNr Avenues The~e S~th If 45'46" Vest a dislike of 30.~ fat te the easterly Right-of-is7 of said J~tper Ave~e; The~e hrth ~ i~'44" Vest al~g tlid VestarTy Rlght-of-ily e distance of 341.19 feet to ~ ~1nt thee ts S.iS feet hrth of ~ parallel vtth ~e hrth IIne of Lot 7)SI ~0~0 ~rth 1~4S'410 East I destine of 3Q.~ fat 10 ~0 ~ ~1~ 0F It61~1~. are hereby vacated ~rsuant to Pa~ 3~ Chapter 4 of ~e elitists Streets e~ HighaYe CNe. That satd strata are 1awfu11~ or offtet,.,W ~a a~ aN e~TY ~ as iashintt~ Av~e a~ ~tNr Avenue I~ refere~l Is ~reby ude to the up or plan m file tn t~ effete 0f the CItX Clerk for fwt~r particulars e~ te frm the IroNIN VICIt4~ I~Ve referred to the foilwing Nmnent easefits .. ~eP i~ u~ ~ l~Nsd vatstee, so elsefit to c~st~t, place, uaderir~ Miters stem drains SMPe I ~ r Ca I I e~l, I 0 a i C~lCltlm ltMtU~S IS n~ ~ n~IIIIFF. '~'.% "' .. Ii IT FTJI/~!I Ri~dLY~D that the CIty Clerk lh~ll cause I certified copy Of l, girths I. St~n~k. CIty Clerk of ~ City of F~tUl, California, de Ctty AtR~F ' ~TO CI~ OF FONTANA /" ..~,.~ ~_._m ~-- ~m20 ~ ]AM 8[RNA~INO , , ~ COd CALIF. .i' t 90-408045 Continental Lawyers Title CompanY' Recording requested by ~ ~ RECORDED Ctty of Fontana ,3SW' 5__011' 6.~ OFFiC|,ad,. When recorded mat1 to: ~ r%J l~00CT 12 PR ' SAN BERNARD|NO CO., CALIF. City of Fontana APN 251-Z7Z-Z8,17 P.O, Box 518 Address Fontaria, CA 92334 Butldtng permtt (Attention: Engineering DIvision) EASEMENT DEED Documentary Tax Due $ ,~ By: ~ (Grantors) BIRTCHER TRACHMAN PROPERTIES LTD., A CALIFORNIA PARTNERSHIP, FOR A VALUABLE CONSIDERATION, receipt of whtch is hereby acknowledged Does__ Hereby Grant to the CITY OF FONTAliA, a Municipal Corporation, an ease- ment for street, highway and pub11c uttl try purposes over, under, and u~on the real property tn the City of Fontana, County of San Bernardtno, State of Ca1 ifornta, described as followsz . '!U~/ ' 19Cl3 FINANCE DEPARTMENT Said described parcels are as shown oll "Exhtbit As, sheet 3 of 3 8IRTCH[R TRACNHAN PROPERTIES LTD. , A California Ltmtted Partnership BY: A.H. TRACHNAN INVESTNENTS-I, A CALIFORNIA LTMITED PARTNERSHIP, GENERAL PARTNE BY: BR~T~E/~.~"~' E~Y: R REAL ESTATE LI!qITED, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTN BY: ~C.V~OSS , A CALIFORNIA CORPORATION, GENERAL PARTNER : ~E~ PRESIDENT ' Sheet 1 of 3 90-408045 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ~r'~f, ) On ,ffl.~Y~s/! , 19 ~?~ , before me, the undersigned, a Notary PubLic in and for aid State, personally appeared MICHAEL H. VOSS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President on behalf of BIRTCIIEIt REAL ESTATE INCA, a California corporation, said corporation bein2 the 2eneral partner of BIRTCHER REAL ESTATE LIMITED, a California ltmXted partnership, which partnership is a general partner of BIRTCHER TRACHMAN PROPERTIES LTD., a California limited partnership, the partnership that executed the within instrument, and acknowledged to me that he executed the with{n instrument on behalf of BIRTCIIER REAL ESTATE IHt~x pursuant to its Bylaws or resolutions of its board of directors, that said corporation executed the with{n instrument on behalf of BIRTCHER REAL ESTATE LIMITED that said partnership executed the within instrument on behalf of BIRTCHER TRACHMAN PROPERTIES LTD., and that BIRTCHER TRACHMAN PROPERTIES LTD. executed the same. WITNESS my h, nd and official seal. NAME (TYPED OR PRINTED) (SEAL) 90-408045 ACKNOWLEDGEMENT STATE OF CALIFOKNIA ) ) ss cot NTY ov On Z~'~{ ~1 , 19 ~ , before me, the undersigned, a Notary Public in and fordaid State, personally appeared ANDKEW M. TKACHMAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument and who is the general partner of A.M. TItACHMAN INVESTMENTS - I, a CAlifornia Limited partnership, said partnership being a general partner of BIKTCHEK TRACHMAN PKOPEKTIES LTD., a CAlifornia limited partnership, the partnership that executed the within instrument, and acknowledged to me that he executed the within instrument on behal~ of A.M. TRACHMAN INVESTMENTS - I, that said partnership executed the within instrument on behalI of BIKTCHEK TRACI-IMAN PROPERTIES LTD. and that BIKTCHEK TKACHMAN PKOPEKTIES LTD. executed the same. WITNESS my hand and official seal. ........... N~(TYPED OK PRINTED) (SEAL) 90-408045 Dated this __ day of 19 ACKNOliLEDGIqENT OF Thts ~s to certtfy that the 1n- eerest tn real property conveyed STATE OF CALIFORN S$. by the deed~r grant dated COUNTY OF SAN ) froIn A,~,/~4,,, On before me, the undersq Notary Publlc tn and to the Ctty of Fontana, California, for $atd and State, personally a nuntctpal Corporation, ts hereby appeared accepted by the undersigned offtcer pursuant to authority conferred by known to me (or proved to resolution of the Ctty Councfi me beats of satisfactory evt- adopted on October 3, 1989; and the to be the person whose name_ grantee consents to the recordathn to the wtth~n thereof by tts duly authorized ,truBent, and acknowhdged to me officer. ... executed CITY OF FONTAliA Notary signature .~~ ctty Sheet ~ of 3 ; 90-408045 EXHIBIT A LEGAL DESCRIPTION A portion Of'the West 2.70 acres of the East 5.56 acres of the North 10.96 acres of Lot 735, Semi-Tropic Land & Water Company subdivision, recorded in Map Hook 11, Page 12, San Bernardino County, State of California, described as follows: Beginning at a point on West line of the East 1/2 of the West 1/2 of the West 2.70 acres of the East 5.56 acres of the North 10.9.6 acres of said Lot 735, said point being on the northerly right-of-way line of Washington Drive~ Thence northerly along the west line of the parcel of land described above, North 00°12'44" West, 45.00 feet; Thence North 89°45'46" East, 110.00 feet; Thence Sou~h 00e12'44" East, 45.0~ feet to a point on said North line of Washington Drive; Thence westerly along said North line of Washington Drive, South 89e45'46w West, 110.00 feet to the TRUE POINT OF BEGINNING. Page 3 of 3 ', ~k~' :~,,. -, ~ · . I ~ ,,~ "~,"~ ~-.~.. . , ~ __,_ ~ ' '~ ._, CITY OF FONTANA. CALIFORNIA , ~tss~ · r~l .' DEED P~T U.G. P/~. BELL &CAW ~,~ SCALE: 1'=40' :z:r--~' P~ ,y_ P~ Z z° i~A.P.N. 251-171-18 A.P.N. 251-171-17 .~ Ld ~.~ ~ EASEMENT 10 CiTY OF FONTANA ~ Ld ,~ ~ ~ RECORDED N SAN BERNARDINO CO. ul ~ ,,-, ~ ON OCTOBE ~ 12. 1 ggO. r~L O.R. 90-408045 rY n -- >_ z CJ F..Q B~( ' ~/ll~lNg PRIVATE ~) PORTION OF EASEMENT ' / R LATERAL ,C~__.{V__wu__.~..~TO BE RETAINED BY CITY. ,~ ;.----., , WASHINGTON ~ DRIVE ..... ~/,;v~i~ -- ',,t..._ 243.92' / N89'45'46"E / 425.96' PORTION OF WASHINGTON DRIVE VACATED. RECORDED IN SAN BERNARDINO COUNTY, nN MARCH 20, 1990. O.R. 90-104.433 k.~ (OFFICIAL RECORD) ~ I 7/94 The Gas Compa,, RECEiV! August 2August 2, 1994 CrT, y ENG|NEER'SGi~'~'~ City of ~ontana P.O. Box 518 Fontana, California 92334-0518 Attention: John Tesley RE: Vacat ion Redlan~ CA SUBJECT: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement ~00~ Southern California Gas Company owns and operates a gas pipeline beneath the portion of street that is proposed to ~2~-o~ be vacated. Accordingly, in accordance with Section No. 8340 Of the Streets and Highways Code, Southern California Gas Company hereby requests that an easement be reserved to ensure the continued operation of this pipeline. The Southern California Gas Company is requesting a copy of the recorded vacation document upon its completion. If you have any questions, please call Geri Lee at (909) 335-7733. Your cooperation in this matter is greatly appreciated. Sincere , · · G. Soverns ~visor KS/GL:lrp - City of Fontana CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Thom York Pacific Sell Telephone 3073 Adams Street Riverside, CA 92504 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. York The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the area.of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. Name Title Date 8353 SIERRA AVENUE ( P.O. BOX 518) · FONTANA CALIFORNIA g2334.O518 · (714) 350-7600 SISTER CITY- KAMLOOPG, RG CANADA ~ recycle~;~oer *' City of Fontana (,--,, CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Bill Miller Comcast Cable TV 1205 Dupont Avenue Ontario, CA 91761 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. Miller The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below /---, and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Teelay at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. ~ Name Title Date 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA92334~)51E · (714) 350-7800 SISTER CITY- KAMLOOPS, SC. CANADA ~ tecyc~ pamer "City of Fontana (--, CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Fran Stewart Southern California Edison Company 7951 Redwood Avenue Fontana, CA 92336 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. Stewart The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the ar~a of the proposed vacation are enclosed. Please indicate any existing facilities and easemeJ~ts which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below r~-'-- and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Teslsy at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Falipa Molinoa, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachman ~Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. Name Title Date 8353 SlERRA AVENUE(P,O. BOX 518) · FONTANA CALIFORNIAi2334-OSlO · (714)350-1~00 SISTER CITY -- KAMLOOPS, B.C. CANADA City of Fontana CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Dennis Freeman Southern California Gas Company 1981 West Lugonia Avenue Redlands, CA 92373 RE: Proposed Vacation of a Portion o~ Washington Drive Sewer Pump Station Easement Attention: Mr. Freeman The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Teelay at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachmen Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. ~ Name Title Date 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA CALIFORNIAE2334-OBt5 · (714)350-1600 SISTER CITY -- KAMLOOP~, SC. CANAOA 'ITY OF FONTANA ,- '1 REPLY TO UTILITY NOTICE RECEIVED Project Title WASHINGTON DRIVE ,SEWER PROJECT- ""' 2 :~ JJ ' FROM CYPRESS AV.TO APPROX. 803 FT.EAST Date JUNE 12, 1994 The following information is requested/submitted: k~ CITY ENGINEER'S OFFICE 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within ~ days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary Plans per our records. )0..ur existing facilities will not interfere with the completion of your project. b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor (explain fully so that we may detail our project plans and the specifications). 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate working days will be needed to perform our work. c) Our construction work can be started 7. COMMENTS: ~,/-< F,4~'IL I TE,,,<' d)AJ PLEASE RETURN COMPLETED FORM AND. REQUESTED INFORMATION TO: ~' :~;' G:''~' '~" L~ PHONE: (~) MO PHONE: (909) 350-6641 FAX: (909) 350-66 8 FAX: < ' """"' CITY OF FONTANA lalFPLy TO UTILITY NOTICj Project Tdle WASHINGTON DRIVE SEWER PROJECT FROM CypRF~t~ AV,TO APPFJOX. 803 F.EAST Date JUNE 12. 1994 The following Information is requested/submitted: 1. We have pdor dghts In the area. We will submit m estimate of relocation Goats and prior rights within days. 2. We have no facilities within the limits of the prooosed work. We have facilities within the limits of the proposed work aa shown on the Preliminary Plans per our records. /~)ur existing facilities will not interfere wiffi the completion of your project. b) Our existing faoilities will interfere wiffi the Gempiston of your project. 4, We have facilities wlthln the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Pr-nts showing location of our facilities are enclosed and/or marked in red on your preliminary plans, 5. Our work will require coordination with your contractor (explain fully so that we may dateil our project plans and the specificstiGma), We exist on franchise rigrrts and have facilities vhich will interfere with your proposed work. e) We contemplate the following new and/or rel~eation work: b) We estimate working days will be needec to perform our work. c) Our construction work can be started PLEASE RETURN COMPLETED FORM AND REGUF-,STEO INFORMATION TO: COMMUNITY DEVELOPMENT/ RRM NAME:. ~c~~~~t~// ENGINEERING DIVISION 8353 8IERRA AVENUE SUBMITTED FONTAliA, CA 92335 HON: ( ~ ATrN: FELIPE MOLINOG P E PHONE: (909) 350-6641 FAX: (gO9)350-8618 FAX: I~;l~') .~'~' CITY OF FONTANA ....... REPLY TO UTILITY NOTICE i , 2 0 ~ Project Title WASHINGTON DRIVE SEWER PROJECT FROM CYPRESS AV.TO APPROX. 803 FT.EAST CITY ENGINEER'SOFFICE Date JUNE 12, 1994 The following information is requested/submitted: 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within ~ days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the eliminary Plans per our records. a) Our existing facilities will not interfere with the completion of you b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor (explain fully so that we may detail our project plans and the specifications). 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate working days will be needed to perform our work. c) Our construction work can be started 7. COMMENTS: PLEASE RETURN COMPLETED FORM AND REQUESTED INFORMATION TO: COMMUNITY DEVELOPMENT/ FIRM NAME: '~"/-/'/:7 d- 7f -< ~- (:) ENGINEERING DIVISION 8353 SIERRA AVENUE SUBMITTED BY: ..Z)z.qX,/X//~ f, Ff~'l:'/~k%/~/~} FONTANA, CA 92335 ATTN: FELIPE MOLINOS PHONE: (~2o'/) ,,~,~,b' -- 7--~'~-/7 PHONE: (909) 350-6641 FAX: (909) 350-6618 FAX: (fO~) ~35'- 75 2-7 CITY OF FONTANA UTILITY COORDINATION MEETING AGENDA JUNE 15, 1994 The following items will be the topics of discussion and addressed by the individuals listed: 1. Walnut Village Parkway/Mango Avenue - John Tesley 2, Mango Avenue/Micallef Street eastside construction of new sidewalk - Felipe Molinos 3. Washington Sewer Projects - Felipe Molinos 4. Locust Sewer Project - Felipe Molinos 5, Heritage Village Landscaping and Restroom Projects - Yousuf P./Keith Kramer 6, Citrus Avenue Storm Drain from 1-10 Channel to San Bernardino Avenue City of Fontana CALIFORNIA June 15, 1994 Mr. Bill Miller Comcast Cable TV 1205 Dupont Avenue Ontario, CA 91761 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. Miller: Please find enclosed two (2) copies of the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in September of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRA AVENUE (P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B,C. CANADA City of Fontana CALIFORNIA June 15, 1994 Mr. Thorn York Pacific Bell Telephone 3073 Adams Street Riverside, CA 92504 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. York: Please find enclosed two (2) copies of the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in September of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRA AVENUE(P,O. BOX518) · FONTANA CALIFORNIA92334-0518 · (714}350-7600 SISTER CITY- KAMLOOPS, B,C. CANADA ~ recycled paper City of Fontana CALIFORNIA June 15, 1994 Mr. Fran Stewart Southern California Edison Company 7951 Redwood Avenue Fontana, CA 92336 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. Stewart: Please find enclosed two (2) copies of the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in September of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353SIERRAAVENUE(P.O. BOX518) · FONTANA GALIFORNIA92334-O518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B,C, CANADA ~!a recycled paper City of Fontana CALIFORNIA June 15, 1994 Mr. Dennis Freeman Southern California Gas Company 1981 West Lugonia Avenue Redlands, CA 92373 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. Freeman: Please find enclosed two (2) copies of the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in September of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SiERRAAVENUE(P.O. BOX518) · FONTANA CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~le~ ~acycled paper City of Fontana CALIFORNIA June 15, 1994 Mr. AI Krohn Fontana Water Company 16803 Spring Street Fontana, CA 92335 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. Krohn: Please find enclosed two (2) copies ~f the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in September of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353SIERRAAVENUE(P.O. BOX518) · FONTANA, CAUFORNIA92334-0518 · (714}350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~1~ recycled pa~er "' CITY OF FONTANA REPLY TO UTILITY NOTICE Project Title WASHINGTON DRIVE SEWER PROJECT FROM CYPRESS AV.TO APPROX. 803 FT.EAST Date JUNE 12, 1994 The following information is requested/submitted: 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within .. days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary Plans per our records. a) Our existing facilities will not interfere with the completion of your project. b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans.. 5. Our work will require coordination with your contractor (explain fully so that we may detail our project plans and the specifications). 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate working days will be needed to perform our work. c) Our construction work can be started 7. COMMENTS: PLEASE RETURN COMPLETED FORM AND REQUESTED INFORMATION TO: COMMUNITY DEVELOPMENT/ FIRM NAME: ENGINEERING DIVISION - 8353 SIERRA AVENUE SUBMITTED BY: FONTANA, CA 92335 ATTN: FELIPE MOLINOS PHONE: ( ) PHONE: (909) 350-6641 FAX: (909) 350-6618 FAX: ( ) City of Fontana CALIF August 26,019:3 ,N I 'ECEIVED Mr. Mario Barrera ClIt'ENGINE!r$OFFICE General Telephone Company 870 North Mountain Avenue Upland, CA 91786 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr; Barrera: The City of Fontana is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontaria 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 alERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7~00 SISTER CITY- KAMLOOPS, B.C. CANADA CITY OF FONTANA REPLY TO UTILITY NOTICE Project Title WASHINGTON STREET SEWER LINE Date AUGUST 25° 1993 The following information is requested/submitted: 1. We have prior rights in the area. We will submit an estimate of relocatlon costs and prior rights within days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary blans per our records. a) our existing facilities will not interfere with the completion of your project. b) our existing 'facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor. (explain fully so that we may detail our project plans and the specifications.) 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a} We contemplate the following new and/or relocation work: b) We estimate__working days will be needed to perform our work. c) OUr construction work can be started ?. C0MHENTS PLEASE RET~ COMPLETED FO~ ~ REQUESTED I~O~TION TO= EN~INEERIN~ DIVISION FI~ N~E~ FO~A, CX 92335 ATTN= FELIPE MOLINOS (909) 350-6641 ' RECEIVED CITY OF FONTANA REPLY TO UTILITY NOTICE Project Title WASHINGTON STREET SEWER LINE !~ Date AUGUST 25. 1993 The following information is requested/submitted: IlViM~rq~ 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary Plans per our records. a) Our existing facilities will not interfere with the completion of your project. b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor. '(explain fully so that we may detail our project plans and the specifications.) 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate __workingdays will be needed to perform our work. c) Our construction work can be ~tarted 7. COMMENTS ..2,.,,,,. ,,,,, ,,.., y PLEASE RETURN COMPLETED FORM AND REQUESTED INFORMATION TO= COMMUNITY DEVELOPMENT/ ENGINEERING DIVISION FIRM NAME= 8353 SIERRA XVENOE S TED BY= FONTAM/t, CA 92335 ':~ - ATTN-" FELIPE MOLI_NOS (909) 350-6641 PHONE: ~O'~ RECEIVED,: City of Fontana August 26, 1993 ClTy ENGINEER'SOFF|CE I ~ C 1205 Dupont Avenue RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utd~i~y Informabon Request e r Mr. iller:' ~~e h C'ty of Fontana is currently preparing a feasibility study for constructing t ashington ~ w ' ' / recently / Enclosed is a 'cinity map, and a utility notice reply form. Please send your plat sheets or c~tr~ti~ draw~f~ your facil wit~n the project area (~press Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontana 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos ~Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, P~u L COMMUNITY DEVELOPMENT DEPARTMENT p~A~E Engineering Division a~ ~ ~ h~vE PrineiDal En~in~r/C~Dit~l ImDrov~m~nts En¢losur~s 8353 SIERRAAVENUE(P.O. BOX518) · FONTAN~ CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA CITY OF FONTANA REPLY TO UTILITY NOTICE Project Title WASHINGTON STREET SEWER LINE Date AUGUST 25, 1993 The following information is requested/submitted: 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary Plans per our records. a) Our existing facilities will not interfere with the completion of your project. b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor. (explain fully so that we may detail our project plans and the specifications.) 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate __ working days will be needed to perform our work. c) Our construction work can be started 7. COMMENTS PLEASE RETURN COMPLETED FORM AND REQUESTED INFORMATION TO: COMMUNITY DEVELOPMENT/ ENGINEERING DIVISION FIRM NAME: 8353 SIERRA AVENUE SUBMITTED BY: FONTANA, CA 92335 ATTN: FELIPE MOLINOS (909) 350-6641 PHONE:[ " It T" ' I "F~ I DRIVE City of Fontana CALIFORNIA August 26, 1993 Mr. Bill Miller Comcast Cable TV 1205 Dupont Avenue Ontario, CA 91761 FIE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. Miller: The City of Fontaria is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontana 8353 Sierra Avenue Fontaria, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA 92334-O518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~if~ recycl~d paler City of Fontana ~!~ '~, C A L I F O R N I A .¢~ ~?" August 26, 1993 Mr. Mario Barters Ganaral Talephona Company 870 North Mountain Avenue Upland, CA 91786 Washington $tr~t S~w~r kin~ C~Dr~$$ Avanu~ to 2uniD~r Av~nu~ Utilit~ Information R~u~st DaBr Mr. Tha Cit~ of Eontana is ¢urrantl~ Dr~Darin~ a f~asibilit~ stud~ for ¢on~tructin~ th~ Waahin~ton Strait $awar from th~ saw~r Dum~ station Io~at~d wast of 2uniD~r Av~nu~ ~onstruCt~d C~rasa Av~nu~ EnClosed is a vieinit~ ma~, and a utility noti~a r~ly form. ~onstru~tion drawings for your Ia¢iliti~s within tha Droj~¢t araa {Cypress Avanua to 2uni~ar Avanua on Washington $tr~at} and tha ~omDl~t~d ~n~lo$~d utilit~ r~$Dons~ form to: City of Eontana 8~S~ Sierra Av~nua Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNI~ DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA CALIFORNIA92334-O518 · (714)350-7600 SISTER CITY -- KAMLOOPS, FIC. CANADA · ~llt recycled~Da~er City of Fontana , ~ AuOust 2f, 1~3 Mr. Tho~ York PSoifi~ Bill 3073 Adams Street Riverside, CA 92504 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. York: The City of Fontana is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontana 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos PleaSe indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely., COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNIAg2334-0518 · (714)350-7800 SISTER CITY -- KAMLOOPS, B.C. CANADA ~le~ recycled paper City of Fontana CALIFORNIA August 26, 1993 Mr. Fran Stewart Southern California Edison Company 7951 Redwood Avenue Fontana, CA 92336 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. Stewart: The City of Fontana is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontana 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRA AVENUE(P.O. BOX518) · FONTANA CALIFORNIA92334-O518 · (T14)350-7800 SISTER CITY -- KAMLOOPS, I~C. CANADA ~ recycled paper .......City of Fontana ~1~/'~.~ C A L I F 0 R N I A ,~ .~,,,~,,,f August 26, 1993 Mr. Rogelio Rawlins Southern California Gas Company 1981 West Lugonia Avenue Redlands, CA 92373 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. Rawlins: The City of Fontana is currently preparing e feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontana 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRAAVENUE(P.O. Box518) · FONTANA, CALIFORNIA92334-0518 · (714)350-76oo SISTER CITY -- KAMLOOPS, B.C. CANADA City of Fontana CALIFORNIA August 26, 1993 Mr. AI Krohn Fontaria Water Company 16803 Spring Street Fontana, CA 92335 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. Krohn: The City of Fontana is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontaria 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SiERRAAVENUE(P.O. BOX518) · FONTANA CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA " CITY OF FONTANA REPLY TO UTILITY NOTICE Project Title WASHINGTON STREET SEWER LINE Date AUGUST 25, 1993 The following information is requested/submitted: 1. We have prior rights in the area. We will submit an estimate of relocation costs and prior rights within days. 2. We have no facilities within the limits of the proposed work. 3. We have facilities within the limits of the proposed work as shown on the Preliminary Plans per our records. a) Our existing facilities will not interfere with the completion of your project. b) Our existing facilities will interfere with the completion of your project. 4. We have facilities within the limits of the proposed work but they are/are not shown accurately on the preliminary plans. Prints showing location of our facilities are enclosed and/or marked in red on your preliminary plans. 5. Our work will require coordination with your contractor. (explain fully so that we may detail our project plans and the specifications.) 6. We exist on franchise rights and have facilities which will interfere with your proposed work. a) We contemplate the following new and/or relocation work: b) We estimate __working days will be needed to perform our work. c) Our construction work can be started 7. COMMENTS PLEASE RETURN COMPLETED FORM AND REQUESTED INFORMATION TO: COMMUNITY DEVELOPMENT/ ENGINEERING DIVISION FIRM NAME: 8353 SIERRA AVENUE SUBMITTED BY: FONTANA, CA 92335 ATTN: FELIPE MOLINOS (909) 350-6641 PHONE:( FONTANA WATER COMPANY CORRESPONDENCE City of Fontana CALIFORNIA May 22, 1995 Frank LoGuidice Vice President - Engineering and Operations San Gabriel Valley Water Company P.O. Box 6010 E1 Monte, CA. 91734 RE: WASHINGTON DRIVE SEWER PROJECT COMPENSATION FOR THE WATER'S COMPANY ABANDONMENT OF THE EXISTING MAIN Dear Mr. LoGuidice: Enclosed is the City of Fontana Check No. 28473 in the amount of $12,650.00 (Twelve Thousand Six Hundred and Fifty Dollars). This check is per the amount agreed in the letter dated January 3, 1995 (Copy Attached). The City of Fontana appreciates the San Gabriel Valley Water Company's co-operation in this regard and timely abandonment of the existing 2 inch water main. Please call me at (909)350-7613, if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Robert W. Weddle, P.E. City Engineer cc: City Manager Community Development Director Principal Civil Engineer/Special Projects 8353SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~l~ recycled paper CITY OF FONTANA ,,-.,,2~0 0 2 8 4 7 3 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3598 CHECK Z DATE 05/11/95 AMOUNT PAY THE SUN 0F ****12,,650,0DDOLLARS TOTHE SAN GABRTEL VALLEY WATER ORDER P0 EiOX 6010 OF EL MONTE, CA 9173~ BANK OF AMERICA · Fontana, Califomia VOID A~ER 90 DAYS FF O :N; 'T A N; A. iW A, T :E R, O .O; Mi IP; A N Y A DIVISION OF SAN GABRIEL VALLEY WATER COMPANY 84zl. O NUEVO AVENUE · P.O. BOX 987. FONTANA. CALIFORNIA g2334 · (gOg) 822-2201 M~l.y 1_8, 1_995 City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Attention: Mr. Yousuf Patanwala Subject: Washington Drive Sewer Project Gentlemen: You are hereby advised that Fontaria Water Company has completed the abandonment of the 2-inch water main on Washington Drive. We have enclosed herewith one copy of our construction plan which shows the completed work and the approximate locations of our facilities within the project area. Our facilities will require protection in accordance with Section 5.1 and 5.2 of the Standard Specifications for Public Work Construction, and we wish to cooperate with you to prevent damage to our facilities and interruption of your work. If you should need additional information, please do not hesitate to contact me at (818) 448-6183, Ext. 252. Very truly yours, L. F. Montenegro Project Engineer LFIVI:dz ; lanua~ 3, 1995 Mr. Frank A. LoGuidice Vice President - Engineering and Operation~ San Gabriel Valley Water Company P.O. Box 6010 E1 Monte, CA 91734 RE: Abandonment of Water Facilities, Washington Drive Sewer Project; Fontam, California Mr. LoGuidice: The City of Fontarm ("City") requests that the San Gabriel Valley Water Company ("Water Company ") abandon certain of its water distribution facilities located in Washington Drive. This abandonment is necessary to accommodate the City's construction of the Washington Drive Sewer Project. This Project is an important one benefittAng the general public and is part of the City's program to enhance its sewer collection system. If the Water Company is unwilling to voluntarily abandon its existing water facilities, the City would be forced to consider the use of its eminent domain powers to acquire that portion of the existing facilities necessary to accommodate the City's construction of its Project. We would prefer to resolve this ma~er by agreement rather than by the possible bgj. tiation of condemnation proceedings. According, this letter requests that the Water Company abandon that portion of its Washington Drive existing water main identified in the attached map. In addition, the Water Company will need to transfer service for those customers which currently receive service from the existing main to an adjacent Water Company main already in place under Washington Drive. The City will pay the Water Company the sum of $12,650.00 as full compensation for the Water Company's abandonment of the existing ma'm and transfer service to the adjacent main. The City will notify the Water Company when it needs the Water Company to abandon the existing main and transfer service. We have agreed that the Water Company will complete its work within thirty (30) days following the City's request. The City will pay $12,650.00 to the Water Company within thirty (30) days following the Water Company's completion of its work. 8353 SIERRA AVENUE(P.O. BOX 518) · FONTAN& CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA Mr. Frank LoGuidice : · January 3, '1995 ' Page Two In addition, by accepting the foregoing compensation, the Water Company will forego all other claims against the City which the Water Company could have asserted in a condemnation action if the City had proceeded to file such an action. Furthermore, the City and the Water Company acknowledge and agree that their agreement with respect to this Project shall not affect or impair any other fights, remedies or obligations of them with respect to other City projects or Water Company lines, equipment or facilities. Please acknowledge your agreement on behalf of the Water Company by signing this letter where noted below. Please return a signed copy of the letter to me for my files and keep one for yours. Your professional courtesy and cooperation is appreciated. Please call me if you have any questions. Sincerely, Gregory C. Devereaux City Manager GCD:RW'W:km cc: Community Development Director City Engineer Principal Civil Engineer/CIP AGREED AND ACCEPTED: Frank LoGuidice for the San Gabriel Valley Water Company 0 5000' /RD R~AL ~ ~ ~ MILLER A~. A __ ~ ~: PROJECT ~, ~.~,.o~ : 'l LOCATION SANTA ~NA ~ z JURUP AVF ~ L E G E N D CITY OF FONTANA CITY OF FONTANA'S SPHERE OF INFLUENCE INCORPORATYD CITY WASHINGTON DRIVE SEWER PROJECT bEST. bEST & KrlEGeR LAWYERS December 13, 1994 VZA FACSZMILE AND U.S. ~ZL 909-350-6618 Mr. Robert Weddle, P.E. City Engineer City of Fontana 8353 Sierra Avenue Fontana, CA 92334-0518 ~' Re: San Gabriel Water ComDanv's Requested Chanqes to Aqreement Re~ardin~ Abandonment of Washington Drive Water Main Dear Bob: This letter follows your request for our review of the changes proposed by the San Gabriel Valley Water Company to the agreement regarding abandonment of the Washington Drive water main. The Water Company did not identify the changes in the draft which it returned to the City. We therefore carefully reviewed our version of the agreement with that proposed by the Water Company. The following are the noted changes of concern and our comments on each: 1. The Water Company deleted language in Recital B which stated that the Existing Main has the potential of stopping the Project altogether and replaced it with language stating that the Existing Main simply makes the Project more expensive. It is my recollection that the Existing Main has the potential for both increasing the Project costs and possibly precluding the Project altogether. The Recitals should be as complete and accurate as possible. If my recollection is correct, then Recital B should be changed back to the form of the first draft. If the issue is simply one of increased expense, then the Water Company's change is acceptable. 2. The Water Company added a sentence to Recital D which states that the purpose of the Agreement is to resolve the City's and Water Company's dispute and to avoid the "expense and uncertainty of litigation". This "litigation/condemnation" theme appears in several places throughout the Agreement. Although we acknowledge the Water Company's desire to characterize their KKR42909 LAW OFFICES OF BEST, BEST & KRIEGER Robert W. Weddle, P.E. City of Fontana December 13, 1994 Page 2 capitulation as being under threat of condemnation, the Agreement must nonetheless accurately reflect the circumstances. If the City had formally considered litigation against the Water Company in this matter, then the proposed addition to Recital D would be appropriate. It is our understanding, however, that no litigation was formally considered. If we are correct, then the language added to Recital D by the Water Company is inappropriate. 3. The Water Company deleted the language at the end of Section 2 which provides that they would cap and abandon the Existing Main in accordance with relevant City policies, rules and regulations. Although probably not necessary to the Agreement, the fact that the Water Cempany deleted the language raises the question as to whether the Water Company believes that it is not subject to the City's oversight. Please advise if there is a disagreement between the City and Water Company in this regard. 4. The Water Company has proposed adding the phrase "just compensation" following the dollar figure set forth in Section 4. This ties into the Water Company's premise that their abandonment of the Existing Main follows the City's threat of condemnation. However, the phrase "just compensation" has independent legal significance and a defined meaning. Unless the City has gone through the formal steps of determining that the sum of $12,650 is "just compensation", then the use of that phrase is inappropriate. 5. The City Attorney is particularly concerned about the modification of the release language in Section 5 of the Agreement. The original version provided that the Water Company released any claims against the City with respect to the City's construction of the Project and the Water Company's abandonment and sealing of the Existing Main. The Water Company has proposed that the release be limited to claims relating to the abandonment of the Existing Main. The City Attorney believes that this language is not sufficient and leaves open the possibility that the Water Company could assert claims which the Agreement was intended to release. The original language was designed to release any claims which the Water Company may assert against the City with respect to not only compensation for the value of the Existing Main, but business interruption and other incidental and consequential damages as well. Although we can understand the Water Company's desire not to release certain claims against the City related to the Project (such as a City employee in a City vehicle injuring a Water Company employee), we cannot recommend that the City rely upon the release language proposed by the Water Company. At the very least, the release should include claims for business KKR42909 BEST, BEST & KRIrGLr~ Robert W. Weddle, P.E. City of Fontana December 13, 1994 Page 3 interruption and consequential and incidantal damages related to the Water Company's ownership interest in the Existing Main. 6. The Water Company deleted language at the end of Section 7 which clarified the extent of the rights which are necessary to eliminate the Existing Main's interference with the Project. In keeping with the other changes suggested by the Water Company, the City Attorney recommends that the phrase "to accommodate the City's construction of the Project" be added to the end of Section 7. 7. The City Attorney has reviewed the indemnity provisions (Section 12~ of the Agreement. After further reflection, the City Attorney believes that there is some ambiguity in the proposed language. We therefore recommend the following be substituted: "The City hereby agrees to indemnify, defend and hold harmless the Water Company and its respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the City's obligations hereunder. The Water Company hereby agrees to indemnify, defend and hold harmless the City and its respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the Water Company's obligations hereunder." 8. The standard City signature page should be used. A copy of the appropriate signature page is attached to this letter for your reference. We have attempted to confine our comments to those proposed changes which have a significant legal effect. The other changes proposed by the Water Company and not discussed herein are acceptable to the City Attorney. KKR42909 LAW OFFICIO5 OF' BEST, BEST & KRIEGER Robert W. Weddle, P.E. City of Fontana December 13, 1994 Page 4 Should you have any questions, ~lease call Steve Deitsch Since ely, KKR/pko cc: Gregory C. Devereau~, City Manager Frank Schuma, Community Development Director Filipe Molinos, Principal Civil Engineer Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. KKR/,,2909 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 1994. CITY OF FONTANA Gregory C. Devereaux By: City Manager Its: By: Its: ATTEST: Kathy Montoya City Clerk (SEAL) Frank A. Schuma Community Development Director Robert Weddle City Engineer Robert Graham Risk Management APPROVED AS TO LEGAL FORM: Clark Alsop or Stephen P. Deitsch City Attorney CONFIDENTIAL TELECOPIER TRANSMISSION To: Robert Waddle Fax Na: 350-6681 Sender: Kevin Randolph Time' Date: December 13, 1994 Client: File No.: 264980171 Me.~vage: For your review .... Number of pages including thi~ cover: 6 CAUTION, CONFIDENTIAL THE DOCUMENT BEING TELECOPIED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATtORNEY-CLIENT WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE PERSON TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT OR A~ AUrHO RIZED AGENT, THEN THIS IS NOTICE TO YOU THAT DISSEMINATION, DISTRIBUTION OR COPYING THIS DOCUMENT IS PROHIBITED. IF THIS WAS RECEIVED IN ERROR, PLE~qE CALL US AT ONCE AND DESTROY THE DOCUMENT. If you experience any ditfioulty vith the quality or eompleteneea of this transmieeion, please call Paula oleon (or sender) ac (909) 989-8584. B,~-e. Bext & KrieAn~ Lawyers O~ado Riverside Palm SprinFx Rancho Mint~e ~oo North !la~en Ave, 37~J Uuba:~ity A~e, 6C~ ~asf Ta~leiU Way Suile ~ Pint O~ ~ 1~ Sui~ '~ Fa~ (~} ~1~1 (714) ~12 Fat: (619) ~ T~: (619) ~tt PK0~0617 December 13, 1994 VIA FACSIMILE AND U.S. MAIL 909-350-6618 Mr. Robert Waddle, P.E, city Engineer city of Fontaria 83~3 Sierra Avenue Fontaria, CA 92334-0518 Re: San Gabriel Water CompanV's Requested Chanqes tq A~reement Reqardinq Abandonment of washington Drive water Main Dear Bob: This letter follows your request for our review of the changes proposed by the San Gabriel Valley Water Company to the agreement regarding abandonment of the Washington Dr].ve water main- The Water company did not identify the changes in the draft which it returned to the City. We therefore carefully reviewed our version of the agreement with that proposed by the Water Company. The following are the noted changes of concern and our comments on each: 1- The Water Company deleted language in Recital B which stated that the Existing Main has the potential of stopping the Project altogether and replaced it with language stating that the Existing Main simply makes the Project more expensive. It is my recollection that the Existing Main has the potential for both increasing the Project costs and possibly precluding the Project altogether. The Recitals shou]d be as complete and accurate as possible. If my recollection is correct, then Recital B should be changed back to the form of the first draft. If the issue is simply one of increased expense, then the Water Company's change is acceptable. 2, The Water Company added a sentence to Recital D which states that the purpose of the Agreement is to resolve the City's and Water Company's dispute and to avoid the "expense an~ uncertainty of litigation". This "litigation/condemnation" theme appears in several places throughout the Agreement. Although we acknowledge the Water Company's desire to characterize their U~iAKiO ;12-13-~4; 11:12; 809 350 6~18;# 3/6 BEST & K~I[~ t Robert ~. weddle, City of Fontand December 13, 1994 capitulation as being under threat of condemnation, the Agreement must nonetheless accurately reflect the circumstances. If the City had formally considered litigation against the Water Company in this matter, then the proposed addition to Recital O would be appropriate. It is our understanding, however, that no litigation was formally ~onsidered. If we are correct, then the language added te Recital O by the Water company is inappropriate. 3. The Water Company deleted the language at the end of Section 2 which provides that they would cap and abandon the Existing Main in accordance with relevant City policies, rules and regulationso AlthoUgh probably not necessary to the Agreement, the fact that the Water Company deleted the language raises the ~uestion as to whether the Water Company believes that it is not subject to the City's oversight. Please advise if there is a disagreement between the City and Water Company in this regard. 4. The Water Company has proposed adding the phrase "jUst compensation" following the dollar figure set forth in Section 4. This ties into the Water Company's premise that their abandonment of the Existing Main follows the City's threat of condemnation. However, the phrase "just compensation" has independent legal significance and a defined meaning- Unless the City has gone through the formal steps of determining that the sum of $12,6S0 is "just compensation", then the use of that phrase is inappropriate. 5. The City Attorney is particularly concerned about the modification of the release language in Section 5 of the Agreement. The original version provided that the Water Company released any claims against the City with respect to the City's construction of the Project and the Water Company'e abandonment and sealing of the Existing Main. The Water Company has proposed that the release be limited to claims relating to the abandonment of the Existing Main- The City Attorney believes that this language is not sufficient and leaves open the possibility that the water Company could assert claims which the Agreement was intended to release. The original language was designed to release any claims which the Water Company may assert against the city with respect to not only compensation for the value of the Existing Main, but business interruption and other incidental and consequential damages as well. Although we can understand the Water Company's desire not to release certain claims against the City related to the Project (such as a City employee in a City vehicle injuring a Water Company employee), we cannot recommend that the City rely upon the release language proposed by the Water Company. At the very least, the release should include claims for business I~ICR~,Zg09 e[sT. BEST & K~IE~ 'q Robert W. Weddle, City of Fontand December 13, 1994 Page 3 interruption and consequential and incidental damages related to the Water Company's ownership interest in the Existing Main. 6. The Water Company deleted language at the end of Section 7 which clarified the extent of the rights which are necessary to eliminate the Existing Maln's interference with the Project. In keepin~ with the other changes suggested by the Water Company, the City Attorney recommends that the phrase "to accommodate the City's construction of the Project" be added to the end of section 7. 7. The City Attorney has reviewed the indemnity provisions (Section 12) of the Agreement. After further reflection, the City Attorney believes that there is some ambiguity in the proposed language. We therefore recommend the following be substituted: "The City hereby agrees to indemnify, defend and hold harmless the Water Company and its respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the CitV's obligations hereunder. The Water Company hereby agrees to indemnify, defend and hold harmless the City and its respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the water Company's obligations hereunder." 8. The standard City signature page should be used. A copy of the appropriate signature page is attached to this letter for your reference. we have attempted to confine our comments to those proposed changes which have a significant legal effect. The other changes proposed by the Water Company and not discussed herein are acceptable to the City Attorney. . BEST, BEST & KRIE 'R Robert W. Weddle, P.E- City of Fontaria December 13, 1994 Page 4 Should you have any ~uestions, please call Steve Deitsch Kl~R/pko cc: Gregory C. Devereaux, City Manager Frank schuma, Community Development Director Fili~)e Mollhoe, Principal Civil Engineer Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. KKR&~9(19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 1994. CITY OF FONTANA Gregory c. DevereauX City Manager Its: By: Its: ATTEST: Kathy Montoya City clerk (SnL) Frank A. Schuma community Development Director Robert Waddle city Engineer Robert Graham Risk Management APPROVED AS TO LEGAL FORM: Clark Alsop or Stephen P. DeitSch City Attorney City of Fontana C A L I F 0 R N I A December 8, 1994 Kevin Randolph. Esquire Best, Best & Krieger 800 N. Haven Avenue, Suite 120 Ontario, CA RE: Agreement for Washington Drive Water Main Abandonment City of Fontana and San Gabriel Valley Water Company Dear Kevin: Staff has received a copy of the amended agreement from Fontana Water Company (San Gabriel Valley Water Company} on subject item and is forwarding it toy our offices for review and comment. Our ~eview against your previous version does not reveal any substantive changes in the deal points. only the legal clarifications they required. If their changes are satisfactory~ please advise City staff and Mr. LoGuidice so that a final agreement can be prepared in triplicate for City execution and forwarding to the Water Company for signatures. Thank you for your assistance. Sincerely. COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Robert W. Weddle. P.E. City Engineer Rl~hsh cc: Community Development Director Principal Civil Engineer/Special Projects Principal Civil Engineer/Capital Improvements 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~N~ BY;~AN ~A~Ri:L VALLEY ;12- ?-~4; 14;08 ; 81~44~5;~0- 909 3b~ ~18;~ 1 S4N GABRIEL VALLEY WATER COMPANY Posf Office Box 6010 El Monfe, CA 91734 Phone No. (818) 448,6183 FAX No. (818} 448,5530 TRANSMISSION BLIP Date: l:)ccemb~r 7, 1994 TD: Felipe Molinos, P.E. FAX NO.: (909) 350-661 !i City of Fontaria Please deliver · copy t~; From: Frank A, LoOuidice 1'him FIX oonsiste of 8 pmge(m) (Including t1~18 Tranmmlmmlon 9Ilia). If you ha~e any difficulty wtth this tranamiaelon, pleame phone Ch~stlne Sancnez at (818) 448.6183. DRAI~T - Agreement Rcgarding Abandonment of Water Main and Release Relative Thereto AGR!~EMENT REGARDING ABANDONMENT OF WATER MAIN AND RELEASE RELATIVE THERETO This aircement Regarding Abandonment of Water Main and Release Relative Thereto ("Agreement") is made this day of . 1994, by and between the City of Forttans ("City"), a municipal corporation. and S~n Gabriel Valley Water Company ("Water Company"), a Caiifomla carporation, RECITALS This Agreement is made with rcspcct to the following facts: A, The City is proceeding with the design and consu'uction of a public sewer main ("Project") which extends beneath the Washington Drive public fight of way. The portion of Washington Drive through which the Project will be constructed lies partially within the municipal boundaries of City and psrdy within the adjoining unincorporated San Bernardinn County area. A sketch depicting the location of the Project along Washington Drive and the relative locations of the County and City areas is attached and incorporated hereto as Exhibit "A." B. Water Company is the owner of a two-inch diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing Main provides water service to the customers located on the north side of Washington Drive. The location of the Pmjcet is such that if the Existing Main is not removed it will be significantly more costly to build the Project. Also located within Washington Drive adjacent to the i~tistlng Main, but not in a position to interfere with the Projut, is another wa~r main ("Adjacent Main") owned by Water Company. The Adjacent Main could provide water service to those customers located on the north side of Washington Drive wkich currently receive water service from the Existing Water Main. C. The City has requested that Water Company close and abandon the Existing Main and provide water service to the customers along the nonJ~ side of Washington Drive from the Adjacent Main. Water Company has agreed to do so, subject to the terms and conditions of this Agreement, D- City and Water Company each acknowledge the exist,'nce of a dispute between the City and Water Company with respect to the Existing Main. The City contends, and Water Company disputes, that Water Company has the obligation, both under statutory and common law, to relocate, at its sole cost, expense, and liability, the Existing Main to the extent necessary to accommodate the City's construction of the ProjecL The City contends, and Water Company disputes, that this obligation extends not only to the portion of the Existing Main located underneath the Washington Drive right of way situated within the City's municipal boundaries, but also to that portion of the Existing Main Iotated underneath the Washington Drive right of way situated within the County, The City and Water Company have agreed pursuant to this Agreement to resolve their dispute end to avoid the expense and uncertainty of litigation. NOW, THEREFORE, in consideration for the covenants described below, the City and Water Company agree as follows: AGREEMENT ]. ]ncorooration of RecilF,~ls. The City and Water Company agree that the Recitals set forth above constitute a material pan of the consideration furnished to the parties hereunder. 2. Cavvin~ of IRxistina Main, Water Company shall, within sixty (60) days following execution of this Agreement, at its sole cost, expense and liability (subject to the payment of compensation described in Section 4 below), seal the ends of the Existing Main at those points identi~cd on Exhibit "A", Water Company shall also, at its sole cost, expense, and liability (subject to the payment of compensation described in Section 4 below), provide water service from the Adjacent Main to those customers located on the north side of Washington Drive which currently receive water service from the Existing Main. 3. Abandonment of Existing Main. Following the sealing and thinsfar of water service from the Existing Main, as described in Section 2 above, Water Company shall, without demand for payment other than that set fotzh in Section 4 below, irrevocably abandon, and shall release and quit claim to the City any and all interest which it may have in the Existin~ Main. Upon abandonment. Water Company irrevocably consents to the City's taking of whatever actions with zzspect to the abandoned Existing Main the City deems necessary, in its sole and absolute discretion, to accommodate the City's construction of the Project. Water Company acknowledges and agrees that such actions include, without limitation, the removal and disposal of ~e Existing Main, wiffiout cost, expense, or liability to Water Company. 4. Payment of Comoensation. In consideration of, and expressly subject to, Water Company's performance of those obligations set forth in Sections 2 and 3 above. the City sball, within ten (10) days following Water Company's abandonment of the Existing Main as described In Section 3 above, pay to Water Company the sum of Twelve Thousand Six Hundred Fifty Dollars ($12,650) as just compensation and full and complete consideration for the performance of Water Company's obligations under this Agreement. 5. Release. Upon payment of the amount set forth in Section 4 above, Water Company .~hall release, waive, and forever forego any and all claims or demands against the City and its officers, officials, employees, agents. and contractors for monetary damages or equitable relief arising from Water Company's abandonment of the Existing Main. Without limiting the generality of the foregoing, Water Company hereby e~pressly releases. waives, and forever forgoes any and all claims or demands against the City and its officers, officials, employees. agents, and contractors based upon theories of direct or inverse condemnation, business interruption. loss of good will, compensation for fair market value except for the compensation provided in this Agreement, arising from the sealing and abandonment of the lSxisting Main. as well as any claims for compensation or damages rclated to the reconnecdon of the customers located on the north side of Washington Drive to the Adjacent Main. This telcase shall not preclude the right of Water company to recover for physical damage to Water Company facilities, ~NT BY:~AN ~ABN~L VALLEY ~12- ?-~4; 14:11 ; ~184485~0~ ~ ~50 ~8;~ ~ other than ~e Existing Main, if such facilities are damaged by City's agents, employees, or contractors. 6, No Release of Future Claims With Resnect to Other Relocation Reauiremcnts. City and Water Company each acknowledges and agrees that by entering into this Agreement, neither the City nor Water Company has expressly or Impliedly agreed to waive, release, or forego any claim or demand with respect to relocation requirements at any other time or place, under similar or different circumstances, for other water transmission lines or any other equipment or facilities of Water Company located within public rights of way in the City or elsewhere0 when City believes such relocation, removal, or replacement is reasonably neeessaty to accommodate public works projects undertaken by the City or the Fontann Redevelopmeat Agency. 7. Eminent Domain, The City acknowledges that this Agreement in entered into in lieu of eminent domain preccedings by the City against Water Company to acquire those rights relative to the Existing Main, but only to the extent that such rights are neccssaxy. 8. Enforceable bv Soe~i~c Performance. Water Company irrevocably acknowledges, consents, and agrees that, upon failure of Water Company to perform any of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforceable by means of an order for injunctive relief and/or specific performance. Water Company hereby irrevocably agrees and stipulates that the City would suffer irreparable harm in the nature of the delay to the construction of the Project should Water Company fail to perform in accordance with its obligations under this Agreement. 9. Attorney Fees. !n the event any action or proceeding is commenced to contest the validity of this Agreement or to enforec any of its terms or provisions, then thc prevailing pa~y in any such action or proceeding shall be endtied to recover, in addition to other remcdjes available to it, its cost of suit and reasonable attorney fees. For purposes of this Section 9, costs of suit include, without limitation, filing fees, processing fees, costs of expert wimesseek court reporters, and the like. lO, Authority to Execute. Each individual signing this Agreement on behalf of the City and Water Company hereby r~pres,~nt and warrant that they have thc requisite authority necessary to bind the party on whom behalf they are signing. l 1. lntelration/No Modification. This Agreement repreMnts the catire understanding of the parties with the matters heroin contained. It supersedes all other prior written or oral agreements inconsistent with its terms. This Agreement may be modified only by another writing, subscribed by the party to be charged. 12. Jj~emnltv. The City and Water Company each hereby agree to indemnify, defend, and hold harmless the other and their respective officers, officials, employees, agents, and contractors from any and all third party claims for property darnage or personal injury (including wrongful death) which ari~ from ~e performancc of thc panics' obligations hemunder. CITY Gregory C. Devereaux0 City Manager City Clerk Stephen P, Deitsch, City Attorney Rolzn Weddie, City Engineer SAN GABRIEL VALLEY WATER COMPANY President Secretary SENT BY:SAN eABRIEL VALLEY :12- ?-It4; 14:09 ~ 8184J-85530.* 909 350 8818~# 1 SAN GABRIEL VJ.I, LEY WATER COMPANY Post Office Box 6010 El Monte, CA 91734 Phone No. (818) 448-6183 FAX No. (818) 448-5530 TRANSMISSION 9UP DaM: December 7, 1994 To: Fclipe Molinos, P.E, FAX No.: (909) 350-661 City of Fonusna Please clellver a copy From: Frank A, LoGuidice This FAX tonilets of , If you have any difficulty with this transmission, please phone ChristIns Sanchez at (818) 448-S183, DRAFT -Agrccmcnt Regarding Abandonment of Water Main and Release Relative Thereto AGREEMENT REGARDING ABANDONMENT OF WATER MAIN AND RELEASE RELATIVE THERETO This Agreement Regarding Abandonment of Water Main and Release Relative Thereto ("Agreement") is made this __ day of , 1994, by and between the City of Fontana ("City"), a municipal corporation, and the Fontana Watei Cump~ny ("Fontana Water~'), a RECITALS This Agreement is made with respect to the following facts: A. The City is proceeding with the design and construction of a public sewer main ("Project") which extends beneath the Washington Drive public right of way. The portion of Washington Drive through which the Project will be constructed lies partially within the municipal boundaries of City and partly within the adjoining unincorporated San Bernardino County area. A sketch depicting the location of the Project along Washington Drive and the relative locations of the County and City areas is attached and incorporated hereto as Exhibit "A." B. Fenta, aa W~t~ is the owner of a two-inch diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing . Main provides water service to the resident. as located on the north ~interferes wlMa Lh~ Clty'b cu.~L=uuLiu. u£ 'the-~PrQjcot te uuo~n ~. Also located within Washington Drive adjacent to ~e ~isting Main, but not in a position to interfere with the Project, The Adjacent Main ~e e ability ~e-provide water se~ice to those ~-{{denees located on the north side of Washington Drive which c~rently receive water service from ~e Existing Water Main. abandon the Existing Main and ansfer water service ~_--r the Dr v ~ ~esid~nc~s along the north side of Washington i eJ~rthe Adjacent Main. ~ Water~ ~as agreed to do so, subject to the tems and conditions of ~is Agre~ent. D. City and Fe~e~e Watereach acknowledge the existence of a dispute between the City and ~r~.a~a WaterSwith respect to the Existing Main. The City contends, and~e~a~aWate A ispu~ that es, F.~a~eena War he obligation, both under statuto~ and colon law, to r-~/~less/relocate, at its sole cost, e~ense and liability, the Existing Main to the e~ent necessa~to acco~odate the City's constmction of ~e Project. The City contends, and the portion of the Existing Main located underneath the Washington Drive right of way situated within the Ci~y's municipal boundaries, KU40540 -2 - but also to that portion of the Existing Main located underneath the Washington Drive right of way situated within the County. below, the City and Y~m%~e~e Wate~gr~e as follows: AGREEMENT 1. Incorporation of Recitals. The City and ~ Water~ eaoh w~rr~-~, ~eve~en~ ~d agree that the Recitals set forth above ~.a ~rue and m~-,,~- Suoh re~e~en~a~ien, eo,~eP~%n~ =.a ~gre~-en~ constitute a material part of the consideration furnished to the parties hereunder. 2. CaDDinu of Existin~ Main. FentaRa Water~sha11, within ~ days following execution of this Agreement, at its sole cost, expense and liability (subject to the payment of compensation described in Section ~ below), seal the ends of the Existing Main at those points identified on Exhibit "A". {~nTt~nq~ Water~ shall also, at its sole cost, expense and liability (subject tothe payment of compensation described in Section ~ below), tzansfa~ water servi those ~ i~e~e~ located on the north side of Washington Drive which currently receive water service from the ~C~}.~,~') Existing Main ~ ~ Al~r .... ~n~ana Wa~erls~all sa~isty .~b.o foreg~in~ e~ligs~i~s puru~n~ ~e ~his Cee~ien 3 i~ a~esr~n~.e -3- 3. Abandonment of Existing Main. Following the sealing and transfer of water service from the Existing Main, as described in Section 2 above,~ F~-*m]%e War , without demand for payment other than that set forth in Section 4 below, irrevocably abandon, which it may have in the Existing .. Water y irrevocably consents to the City's taking of whatever actions with its sole and absolute discretion, to ~ ~minate tb~ .visaing Main's ~-~e=f~ren~e w~*~ the City~s construction of the Project. Wate ledges and agrees that such actions include, without limitation, the removal and disposal of the Existing MaiV 4. Pa~ent of ComPensation. In consideration of, and obligations set forth in Sections 2 and 3 above, the City shall, under this Agre~ent. 5. Release. Upon payment of the amount set forth in Section 4 above, Ema~ee~s Wa release, waive and forever forego any and all claims or demands against the City, and its officers, officials, employees, agents and contractors, for monetary damages or equitable relief1 which ~ nv dem~.~ ~re in a~ Way ~ela~ to the a~tic,,o ~f the City ia the ~,=t,u~tlm~ ef th~ P.~j~, the seal ~-g-xf ~c Exi~kiaW Nm~n. aad ~, abaade~--eR%. cf.-~c. E~i~iag / ~ Without limiting the generality of the foregoing, ~ea~ma Wat e~ressly releases, waives and forever forgoes any and all claims or demands against the City and its officers, officials, employees, agents and contractors based 'upon theories of direct or inverse conde~ation, business inter~ption, loss of good will, and abando~ent of ~e Existing Main, as well as any claims for compensation or damages related to the reconnection of the zee~eness located on the north side of Washington Drive to the has ~e~ressly or impliedly agreed to waive, release or forego r place, under similar or any other e~ipmen~acilities of ~ WaterA;located within public rights of way in the City or elsewhere, whe~%h~ reiocatio~remova~placement is reasonably necessary to leaCRY0540 --5-- accommodate public works projects undertaken by the City or the 'Fontana Redevelopment Agency. 7. Eminent Domain. The City acknowledges that this Agreement is entered into in lieu of initiation of eminent domain proceedings by the City against f~ead~a Wate~rAto~cquire those rights relative to the Existing Main, but only to the e~tent that such rights are necessary~ t~ el~n~e ~xioting Mainw~ i.,L~£~cRee with the 8. Enforceable bv SDecific Performance. Pep.~a~aa Water~/ irrevocably acknowledges, consents and agrees that, upon failure of · ~e~eefr~ Wate form any of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforceable by means of an order for injunctive relief and/or specific performance. F~..L_..~ Wate~r~er~y irrevocably agrees and stipulates that the City would suffer irreparable harm in the nature of the delay to the construction of the Project should ~der this Agreement. 9. AttorneYs~ Fees. In the event any action or proceeding is commenced to contest the validity of this Agreement or to enforce any of its terms or provisions, then the prevailing party in any such action or proceeding shall be entitled to recover, in addition to other remedies available to it, its cost of suit and eet~ae4-- attorney~s fees. For purposes of this Section 9, costs of suit -- 6 -- include, without limitation, filing fees, processing fees, costs of expert witnesses, court reporters, and the like. 10. Authority to Execute. Each individual signing this Agreement on behalf of the City and Fontana Water h~reby represent and warrant that they have the requisite authority necessary to bind the party on whose behalf they are signing. 11. Inteuration/No Modification. This Agreement represents the entire understanding of the parties with the matters herein contained. It supersedes all other prior written or oral agreements inconsistent with its terms. This Agreement may be modified only by another writing, subscribed by the party to be charged. 12. Indemnity. The City and ~e~,Lnn~ ~ater~each hereby agree to indemnify, defend and hold harmless the other and their respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injur~ (including wrongful death) which arise from the performance of the parties~ obligations hereunder. CITY: Gregory C. Devereaux, City Manager I~CR4.0540 --7-- City Clerk Stephen P. Deitsch City Attorney Robert Weddle City Engineer -8- SEPrH-94, THU 16:16CITY ~ FONTRNh FaX N0, 3501g18 P. 01 'r ....::' :'eEIVEU City ~. :aria ., CALl'- IA X ?g . u ,, ,, " " " FRO~ F~ ~~ (~) PLE~E DELI~R T~ FOLdiNG P~G~ ~.o~ ~: (~) ~p -~4~ ~f~~ :Z ~'' TOTAL ~ OF ~G~= ~ D~= q//~/q~ ~= ~/2 (~l.~ cover 8353 SIERRA AVENUE (P.O. ~X 61/1 · FONTAN~ CALIFORNIAI2134-OIII · 1714) 350.16~ SISTER CI~ - ~MLOOP~ ~C. CANADA CITY OF FONTANA W/,.F~M!NGTON DR!"!E SEWER PROJ..,., . ~"'~ .~.zG~.:jj. ... ' ~. (c;u.' .'~~"' "~=~"' ~:" ION OF GENE~L LOCAT ON NA WASHINGTON D~IVE PORTION OF PROJECT) Mr. Frank LoGuidice San Gabriel Valley Water Company 11142 Garvey Avenue E1 Monte, CA 91733 Re: FONTANA WATER COMPANY--CITY OF FONTANA AGREEMENT FOR ABANDONMENT OF WATER MAIN Dear Mr. LoGuidice: At the request of Mr. Felipe Molinos of the City of Fontana, enclosed please find an agreement with respect to the abandonment and release of claims relative to the Fontana Water Company's Washington Drive water main. Please advise me as soon as possible of any comments or concerns you may have. Furthermore, I am not fully aware of the legal relationship between San Gabriel Valley Water and Fontaria Water and am not sure who would be signing the agreement on Fontana Water's behalf. If you would provide that information to me, I will correct the agreement. Should you have any questions, please feel free to call. % for BEST, BEST KKR/pko Enclosures BEST, BEST & KRIEGL., FRANK LOGUIDICE September 22, 1994 Page 2 cc: Gregory C. Devereaux, City Manager Frank A. Schuma, Directo mmunit Development Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. KICR/,0927 AGREEMENT REGARDING ABANDONMENT OF WATER MAIN AND RELEASE RELATIVE THERETO This Agreement Regarding Abandonment of Water Main and Release Relative Thereto ("Agreement") is made this __ day of , 1994, by and between the City of Fontana ("City"), a municipal corporation, and the Fontaria Water Company ("Fontana Water"), a RECITALS This Agreement is made with respect to the following facts: A. The City is proceeding with the design and construction of a public sewer main ("Project") which extends beneath the Washington Drive public right of way. The portion of Washington Drive through which the Project will be constructed lies partially within the municipal boundaries of City and partly within the adjoining unincorporated San Bernardino County area. A sketch depicting the location of the Project along Washington Drive and the relative locations of the County and City areas is attached and incorporated hereto as Exhibit "A." B. Fontana Water is the owner of a two-inch diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing Main provides water service to the residences located on the north side of Washington Drive. The location of the Existing Main KKR40540 interferes with the City~s construction of the Project to such an extent that if the Existing Main is not removed, the Project could not be built or, if built, would be built at significant additional cost. Also located within Washington Drive adjacent to the Existing Main, but not in a position to interfere with the Project, is another water main ("Adjacent Main") owned by Fontana Water. The Adjacent Main has the ability to provide water service to those residences located on the north side of Washington Drive which currently receive water service from the Existing Water Main. C. The City has requested that Fontana Water close and abandon the Existing Main and transfer water service for the residences along the north side of Washington Drive to the Adjacent Main. Fontana Water has agreed to do so, subject to the terms and conditions of this Agreement. D. City and Fontaria Water each acknowledge the existence of a dispute between the City and Fontana Water with respect to the Existing Main. The City contends, and Fontana Water disputes, that Fontana Water has the obligation, both under statutory and common law, to remove/replace/relocate, at its sole cost, expense and liability, the Existing Main to the extent necessary to accommodate the City~s construction of the Project. The City contends, and Fontana Water disputes, that this obligation extends not only to the portion of the Existing Main located underneath the Washington Drive right of way situated within the City~s municipal boundaries, KKR40540 --2 -- but also to that portion of the Existing Main located underneath the Washington Drive right of way situated within the County. NOW, THEREFORE, in consideration for the covenants described below, the City and Fontana Water agree as follows: AGREEMENT 1. Incorporation Of Recitals. The City and Fontana Water each warrant, covenant and agree that the Recitals set forth above and true and accurate. Such representation, covenant and agreement constitute a material part of the consideration furnished to the parties hereunder. 2. CaDDin~ of Existin~ Main. Fontana Water shall, within __days following execution of this Agreement, at its sole cost, expense and liability (subject to the payment of compensation described in Section __ below), seal the ends of the Existing Main at those points identified on Exhibit "A". Fontana Water shall also, at its sole cost, expense and liability (subject to the payment of compensation described in Section__ below), transfer water service for those residences located on the north side of Washington Drive which currently receive water service from the Existing Main to the Adjacent Main. Fontana Water shall satisfy the foregoing obligations pursuant to this Section 2 in accordance with all City's and other cognizant governmental agencies' engineering policies, rules, regulations and standards. KKR40540 - 3 - 3. Abandonment of Existinu Main. Following the sealing and transfer of water service from the Existing Main, as described in Section 2 above, Fontana Water shall, without demand for payment other than that set forth in Section 4 below, irrevocably abandon, and shall release and quit claim to the City any and all interest which it may have in the Existing Main. Fontana Water hereby irrevocably consents to the City's taking of whatever actions with respect to the abandoned Existing Main the City deems necessary, in its sole and absolute discretion, to eliminate the Existing Main's interference with the City's construction of the Project. Fontana Water acknowledges and agrees that such actions include, without limitation, the removal and disposal of the Existing Main. 4. PaYment of Compensation. In consideration of, and expressly subject to, Fontana Water's performance of those obligations set forth in Sections 2 and 3 above, the City shall, within__days following Fontana abandonment of the Existing Main as described in Section__above, pay to Fontana Water the sum of Twelve Thousand Dollars ($12,000) as full and complete consideration for the performance of Fontana Water's obligations under this Agreement. 5. Release. Upon payment of the amount set forth in Section 4 above, Fontaria Water shall release, waive and forever forego any and all claims or demands against the City, and its officers, officials, employees, agents and contractors, for monetary damages or equitable relief, which claims or demands are in any way related KKR40540 -4 -- to the actions of the City in the construction of the Project, the sealing of the Existing Main, and the abandonment of the Existing Main. Without limiting the generality of the foregoing, Fontana Water hereby expressly releases, waives and forever forgoes any and all claims or demands against the City and its officers, officials, employees, agents and contractors based upon theories of direct or inverse condemnation, business interruption, loss of good will, compensation for fair market value, or any value whatsoever, which claims or demands are in any way whatsoever related to the sealing and abandonment of the Existing Main, as well as any claims for compensation or damages related to the reconnection of the residences located on the north side of Washington Drive to the Adjacent Main. 6. No Release of FUture Claims With Respect to Other Relocation Requirements. Fontana Water warrants, covenants and agrees that by entering into this Agreement or otherwise, the City has not expressly or impliedly agreed to waive, release or forego any claim or demand that, at any other time or place, under similar or different circumstances, Fontana Water has both common law and/or statutory obligations to relocate/remove/replace, at Fontana Water's sole cost, liability and expense, without offset, contribution or payment from City, other water transmission lines or any other equipment/facilities of Fontana Water located within public rights of way in the City or elsewhere, when such relocation/removal/replacement is reasonably necessary to KKR40~40 -5- accommodate public works projects undertaken by the City or the Fontana Redevelopment Agency. 7. Eminent Domain. The City acknowledges that thisAgreement is entered into in lieu of initiation of eminent domain proceedings by the City against Fontana Water to acquire those rights relative to the Existing Main, but only to the extent that such rights are necessary to eliminate Existing Main's interference with the Project. 8~ Enforceable bV Specific Performance. Fontana Water irrevocably acknowledges, consents and agrees that, upon failure of Fontana Water to perform any of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforceable by means of an order for injunctive relief and/or specific performance. Fontana Water hereby irrevocably agrees and stipulates that the City would suffer irreparable harm in the nature of the delay to the construction of the Project should Fontana Water fail to perform in accordance with its obligations under this Agreement. 9. AttorneYs' Fees. In the event any action or proceeding is commenced to contest the validity of this Agreement or to enforce any of its terms or provisions, then the prevailing party in any such action or proceeding shall be entitled to recover, in addition to other remedies available to it, its cost of suit and actual attorney's fees. For purposes of this Section 9, costs of suit KKR40540 '6-- include, without limitation, filing fees, processing fees, costs of expert witnesses, court reporters, and the like. 10. Authority to Execute. Each individual signing this Agreement on behalf of the City and Fontana Water hereby represent and warrant that they have the requisite authority necessary to bind the party on whose behalf they are signing. 11. Integration/No Modification. This Agreement represents the entire understanding of the parties with the matters herein contained. It supersedes all other prior written or oral agreements inconsistent with its terms. This Agreement may be modified only by another writing, subscribed by the party to be charged. 12. Indemnity. The City and Fontana Water each hereby agree to indemnify, defend and hold harmless the other and their respective officers, officials, employees, agents and contractors from any and all third party ,claims for property damage or personal injury (including wrongful death) which arise from the performance of the parties' obligations hereunder. CITY: Gregory C. Devereaux, City Manager KKR40540 --7 - City Clerk Stephen P. Deitsch City Attorney Robert Weddle City Engineer FONTANA WATER: KKR4OS40 -8- CITY OF FONTANA WASHINGTON DRIVE SEWER PROJECT ~ UNICORPORATED ~ OF ~ BER~DINO COUN~ > ~o../~ I ~ 12 5/4" WAER-SEEL (~ENT ~) ~+ ~' ~ N~5',~'~ .C.P. SEWER T 2" STEEL WATER MAIN WASHINGTON DRIVE TO BE ABANDONED BY PLUG FONTANA WATER COMPANY (COUN~ PORTION OF PROJECT) 2" MAINu (:EXISTING MAIN) Cl~ OF FONTANA ~. ~ PLUG 2" MAIN ~ -~- / - ~ -~ ~ G~E~AL LOCATBON NAP (E~ING ~N) ' ~ WAS H I N GTO N D RIVE (CI~ PORTION OF PROJECT) ~NI UY;~AN aA~RI~L VALLtY = ]-21-~; lb::bl ; H3U44UI~F~ ~bg~lH;# 1 · SAN GABRIEL VALLEY WATER COMPANY Post Of/ice Box 801o El Monte, CA 91734 Phone N~ (811t) 448.6183 TRANgMi9910N iMP " Dalcl S~tcmbr~ 21, 19~, To: F¢~ MoHnos FAX NO.: (909) 350-6618 City of ~ontene Please deli~r From: This FAX emilsis of ... page(s) (including role Tensminion 8lip). If yau h~ve ~ny dlfiluultl wfih thb ;ransn?iBslon, please phone Darl3,v Zigfar at (u; ~) 4~-uTaa. /~,.~Cjity of Fontana CALIFORNIA FAX COMM'O'NICATION8 PLEASE DEI,~R T~. F~LI~ P~ ~: i;I,'i,'1 I~IFRRI IVtFNUI IP G, l'l;li liTill i I'fiNTIN& fN IF'gllNll ia,%"adl&l l i (fill Ill&tIM allTiff ClIW -- :'r,,AMI, OOP~., 9,~ CANADA BEST, BEST & KRIEGER ~ ~AWY~mS ~ September 14, 1994 VIA FAX AND FIRST CLASS MAIL Mr. Fslipe Molinos Principal Engineer City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Agreement for Abandonment of Washington Drive Water Main Dear Felipe: Enclosed please find for your review a draft copy of the Abandonment and Release Agreement with respect to the Fontana Water Company Water Main beneath Washington Drive. Please review the document carefully to insure that I have correctly stated the facts. As you see, the document makes reference to an Exhibit "A", which should be a sketch of Washington Drive showing the location of the City sewer project, 'the existing water main, and the respective County/City boundaries. Please also note, if you can, where you need to have Fontana Water seal the existing main. It would also be helpful to identify on the sketch the location of the residences presently served. by the existing main, whose service will be transferred to the adjacent main. After your review and comment, I will finalize the agreement and send it to Fontana for their review and execution. Please let me know if you want to handle this matter in some other way. KKR32389 Felipe Molinos Principal Engineer September 14, 1994 Page 2 Please call if you have any questions. Very truly yours, Kevin K. Randolph for BEST, BEST & KRIEGER KKR/pko cc: Mr. Gregory C. Devereaux, City Manager (w/o encls.) Mr. Frank A. Shuma, Community Development Director (w/o encls.) Mr. Robert Weddle, City Engineer (w/encls.) Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. KKR32389 , "' DRAFT AGREEMENT REGARDING ABANDONMENT OF WATER MAIN AND RELEASE RELATIVE THERETO This Agreement Regarding Abandonment of Water Main and Release Relative Thereto ("Agreement") is made this __ day of , 1994, by and between the City of Fontana ("City"), a municipal corporation, and the Fontana Water Company ("Fontana Water"), a RECITALS This Agreement is made with respect to the following facts: A~ The City is proceeding with the design and construction of a public sewer main ("]?roject") which extends beneath the Washington Drive public right of way. The portion of Washington Drive through which the Project will be constructed lies partially within the municipal boundaries of City and partly within the adjoining unincorporated San Bernardino County area. A sketch depicting the location of the Project along Washington Drive and the relative locations of the! County and City areas is attached and incorporated hereto as Exhibit "A." B. Fontana Water is the owner of a two-inch diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing Main provides water service to the residences located on the north side of Washington Drive. The location of the Existing Main KKR40540 interferes with the City's construction of the Project to such an extent that if the Existing Main is not removed, the Project could not be built or, if built, would be built at significant additional cost. Also located within Washington Drive adjacent to the Existing Main, but not in a position to interfere with the Project, is another water main ("Adjacent Main") owned by Fontana Water. The~!djacent Main has the ability to provide water service to those residences located on the north side of Washington Drive which currently receive water service from the Existing Water Main. C. The City has requested that Fontana Water close and abandon the Existing Main .and transfer water service for the residences along the north side of Washington Drive to the Adjacent Main. Fontana Water has agreed to do so, subject to the terms and conditions of this Agreement. D, City and Fontana Water each acknowledge the existence of a dispute between the City and Fontana Water with respect to the Existing Main. The City contends, and Fontana Water disputes, that Fontana Water has the obligation, both under statutory and common law, to remove/replace/relocate, at its sole cost, expense and liability, the Existing Main tothe extent necessary to accommodate the City's construction of the Project. The City contends, and Fontana Water disputes, that. this obligation extends not only to the portion of the Existing Main located underneath the Washington Drive right of way situated within the City's municipal boundaries, KKR40540 -2 -- but also to that portion of the Existing Main located underneath the Washington Drive right of way situated within the County. NOW, THEREFORE, in consideration for the covenants described below, the City and Fontana Water agree as follows: AGREEMENT 1.. IncorPoration of Recitals. The City and Fontana Water each warrant, covenant and agree that the Recitals set forth above and true and accurate. Such representation, covenant and agreement constitute a material part of the consideration furnished to the parties hereunder. 2. CaDping of Existinq Main. Fontana Water shall, within __days following execution of this Agreement, at its sole cost, expense and liability (subject to the payment of compensation described in Section __ below), seal the ends of the Existing Main at those points identified on Exhibit "A". Fontana Water shall also, at its sole cost, expense and liability (subject to the payment 6f compensation described in Section__below), transfer water service for those residences located on the north side of Washington Drive which currently receive water service from the Existing Main to the Adjacent Main. Fontana Water shall satisfy the foregoing obligations pursuant to this Section 2 in accordance with all City's and other cognizant governmental agencies' engineering policies, rules, regulations and standards. KKR40540 --3~ 3. Abandonment of Existinq Main. Following the sealing and transfer of water service from the Existing Main, as described in Section 2 above, Fontana Water shall, without demand for payment other than that set forth in Section 4 below, irrevocably abandon, and shall release and quit claim to the City any and all interest which it may have in the Existing Main. Fontana Water hereby irrevocably consents to the City's taking of whatever actions with respect to the abandoned Existing Main the City deems necessary, in its sole and absolute discretion, to eliminate the Existing Main's interference with the City's construction of the Project. Fontana Water acknowledges and agrees that such actions include, without limitation, the removal and disposal of the Existing Main. 4. Payment of Compensation. In consideration of, and expressly subject to~ Fontana Water's performance of those obligations set forth in Sections 2 and 3 above, the City shall, within__days following Fontana abandonment of the Existing Main as described in Section__above, pay to Fontana Water the sum of Twelve Thousand Dollars ($12,000) as full and complete consideration for the performance of Fontaria Water's obligations under this Agreement. 5. Release. Upon payment of the amount set forth in Section 4 above, Fontaria Water shall release, waive and forever forego any and all claims or demands against the City, and its officers, officials, employees, agents and contractors, for monetary damages or equitable relief, which claims or demands are in any way related KKR40540 -4 -- to the actions of the City in the construction of the Project, the sealing of the Existing Main~ and the abandonment of the Existing Main. Without limiting the generality of the foregoing, Fontana Water hereby expressly releases, waives and forever forgoes any and all claims or demands against the City and its officers, officials, employees, agents and contractors based upon theories of direct or inverse condemnation, business interruption, loss of good will, compensation for fair market value, or any value whatsoever, which claims or demands are in any way whatsoever related to the sealing and abandonment of the Existing Main, as well as any claims for compensation or damages related to the reconnection of the residences located on the north side of Washington Drive to the Adjacent Main. 6. No Release of FutUre Claims With Respect to Other Relocation Requirements. Fontana Water warrants, covenants and agrees that by entering into this Agreement or otherwise, the City has not expressly or impliedly agreed to waive, release or forego any claim or demand that, at any other time or place, under similar or different circumstances,. Fontana Water has both common law and/or statutory obligations to relocate/remove/replace, at Fontana Water's sole cost, liability and expense, without offset, contribution or payment froin City, other water transmission lines or any other equipment/facilities of Fontana Water located within public rights of way in the City or elsewhere, when such relocation/removal/replacement is reasonably necessary to KKR40540 --5-- accommodate public works projects undertaken by the City or the Fontana Redevelopment Agency. 7. Eminent Domain. The City acknowledges that this Agreement is entered into in lieu of initiation of eminent domain proceedings by the City against Fontana Water to acquire those rights relative to the Existing Main, but only to the extent that such rights are necessary to eliminate Existing Main's interference with the Project. 8. Enforceable by Specific Performance. Fontana Water irrevocably acknowledges, consents and agrees that, upon failure of Fontana Water to perform any of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforceable by means of an order for injunctive relief and/or specific performance. Fontaria Water hereby irrevocably agrees and stipulates that the City would suffer irreparable harm in the nature of the delay to the! construction of the Project should Fontana Water fail to perform in accordance with its obligations under this Agreement. 9. Attorneys' Fees. In the event any action or proceeding is commenced to contest the va2Lidity of this Agreement or to enforce any of its terms or provisions, then the prevailing party in any such action or proceeding shall be entitled to recover, in addition to other remedies available to it, its cost of suit and actual attorney's fees. For purposes of this Section 9, costs of suit KKR40540 --6-- include, without limitation, filing fees, processing fees, costs of expert witnesses, court reporters, and the like. 10. AuthoritV to Execute. Each individual signing this Agreement on behalf of the City and Fontana Water hereby represent and warrant that they have the requisite authority necessary to bind the party on whose behalf they are signing. 11. Inteqration/No Mod[ification. This Agreement represents the entire understanding of the parties with the matters herein contained. It supersedes all other prior written or oral agreements inconsistent witch its terms. This Agreement may be modified only by another writing, subscribed by the pal~cy to be charged. 12. IndemnitV. The City and Fontana Water each hereby agree to indemnify, defend and hold harmless the other and their respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the parties' obligations hereunder. CITY: Gregory C. Devereaux, City Manager KKR40540 -7- City Clerk Stephen P. Deitsch City Attorney Robert Weddle City Engineer FONTANA WATER: -8- KKR40540 , BEST, BEST & KRIEGER LAWY,:'RS September 14, 1994 VIA FAX AND FIRST CLASS MAIL Mr. Felipe Molinos Principal Engineer City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Agreement for Abandonment of Washington Drive Water Main Dear Felipe: Enclosed please find for your review a draft copy of the Abandonment and Release Agreement with respect to the Fontana Water Company Water Main beneath Washington Drive. Please review the document carefully to insure that I have correctly stated the facts. As you see, the document makes reference to an Exhibit "A", which should be a sketch of Washington Drive showing the location of the City sewer project,. the existing water main, and the respective County/City boundaries. Please also note, if you can, where you need to have Fontana Water seal the existing main. It would also be helpful to identify on the sketch the location of the residences presently served by the existing main, whose service will be transferred to the adjacent main. After your review and comment, I will finalize the agreement and seznd it to Fontana for their review and execution. Please let me know if you want to handle this matter in some other way. KKR32389 LAW OFFICES OF BEST, BEST & KRIEGER Felipe Molinos Principal Engineer September 14, 1994 Page 2 Please call if you have any questions. Very truly y ~s, ~' KKR/pko cc: Mr. Gregory C. Devereaux, City Manager (w/o encls.) Mr. Frank A. Shuma, Community Development Director (w/o encls.) Mr. Robert Weddle, City Engineer (w/encls.) Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. KKR32389 DRAFT AGREEMENT REGARDING ABANDONMENT OF WATER MAIN AND RELEASE RELATIVE THERETO This Agreement Regarding Abandonment of Water Main and Release Relative Thereto ("Agreement") is made this __ day of , 1994, by and between the City of Fontana ("City"), a municipal corporation, and the Fontana Water Company ("Fontana Water"), a RECITALS This Agreement is made with respect to the following facts: A. The City is proceeding with the design and construction of a public sewer main ("Project") which extends beneath the Washington Drive public right of way. The portion of Washington Drive through which the Project will be constructed lies partially within the municipal boundaries of City and partly within the adjoining unincorporated San Bernardino County area. A sketch depicting the location of the Project along Washington Drive and the relative locations of the County and City areas is attached and incorporated hereto as Exhibit "A." B. Fontana Water is the owner of a two-inch diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing Main provides water service to the residences located on the north side of Washington Drive. The location of the Existing Main KKR40540 interferes with the City's construction of the Project to such an extent that if the Existing Main is not removed, the Project could not be built or, if built, would be built at significant additional cost. Also located within, Washington Drive adjacent to the Existing Main, but not in a position to interfere with the Project, is another water main ("Adjacent Main") owned by Fontana Water. TheAdjacent Main has the ability to provide water service to those residences located on the north side of Washington Drive which currently receive water service from the Existing Water Main. C. The City has requested that Fontana Water close and abandon the Existing Main and transfer water service for the residences along the north side of Washington Drive to the Adjacent Main. Fontana Water has agreed to do so, subject to the terms and conditions of this Agreement.. D. City and Fontana Water each acknowledge the existence of a dispute between the City and Fontana Water with respect to the Existing Main. The City contends, and Fontana Water disputes, that Fontana Water has the obligation, both under statutory and common law, to remove/replace/relocate, at its sole cost, expense and liability, the Existing Main to the extent necessary to accommodate the City's construction of the Project. The City contends, and Fontana Water disputes, that this obligation extends not only to the portion of the Existing Main located underneath the Washington Drive right of way situated within the City's municipal boundaries, KKR40540 -2 - but also to that portion of the Existing Main located underneath the Washington Drive right of way situated within the County. NOW, THEREFORE, in consideration for the covenants described below, the City and Fontana Water agree as follows: AGREEMENT 1. Incorporation of Recitals. The City and Fontana Water each warrant, covenant and agree that the Recitals set forth above ~true and accurate. Such representation, covenant and agreement constitute a material part of the consideration furnished to the parties hereunder. 2. CaDDina of Existing Main. Fontana Water shall, within __days following execution of this Agreement, at its sole cost, expense and liability (subject to the payment of compensation described in Section __ below), seal the ends of the Existing Main at those points identified on Exhibit "A". Fontana Water shall also, at its sole cost, expense and liability (subject to the payment of compensation described in Section__below), transfer water service for those residences located on the north side of Washington Drive which currently receive water service from the Existing Main to the Adjacent Main. Fontana Water shall satisfy the foregoing obligations pursuant to this Section 2 in accordance with all City's and other cognizant governmental agencies' engineering policies, rules, regulations and standards. KKR40540 --3 -- 3. Abandonment of Existinq Main. Following the sealing and transfer of water service from the Existing Main, as described in Section 2 above, Fontana Water shall, without demand for payment other than that set forth in Section 4 below, irrevocably abandon, and shall release and quit claim to the City any and all interest which it may have in the Existing Main. Fontana Water hereby irrevocably consents to the City's taking of whatever actions with respect to the abandoned Existing Main the City deems necessary, in its sole and absolute discretion, to eliminate the Existing Main's interference with the City's construction of the Project. Fontana Water acknowledges and agrees that such actions include, without limitation, the removal and disposal of the Existing Main. 4. Payment of Compensation. In consideration of, and expressly subject to, Fontana Water's performance of those obligations set forth in Sections 2 and 3 above, the City shall, within__days following Fontana abandonment of the Existing Main as described in Section__above, pay to Fontana Water the sum of Twelve Thousand Dollars ($12,000) as full and complete consideration for the performance of Fontana Water's obligations under this Agreement. 5. Release. Upon payment of the amount set forth in Section 4 above, Fontana Water shall release, waive and forever forego any and all claims or demands against the City, and its officers, officials, employees, agents and contractors, for monetary damages or equitable relief, which claims or demands are in any way related KKR40540 -4 - tO the actions of the City in the construction of the Project, the sealing of the Existing Main, and the abandonment of the Existing Main. Without limiting the generality of the foregoing, Fontana Water hereby expressly releases, waives and forever forgoes any and all claims or demands against the City and its officers, officials, employees, agents and contractors based upon theories of direct or inverse condemnation, business interruption, loss of good will, compensation for fair market value, or any value whatsoever, which claims or demands are in any way whatsoever related to the sealing and abandonment of the Existing Main, as well as any claims for compensation or damages related to the reconnection of the residences located on the north side of Washington Drive to the Adjacent Main. 6. No Release of Future Claims With Respect to Other Relocation Requirements. Fontana Water warrants, covenants and agrees that by entering into this Agreement or otherwise, the City has not expressly or impliedly agreed to waive, release or forego any claim or demand that, at any other time or place, under similar or different circumstances, Fontana Water has both common law and/or statutory obligations to relocate/remove/replace, at Fontana Water's sole cost, liability and expense, without offset, contribution or payment from City, other water transmission lines or any other equipment/facilities of Fontana Water located within public rights of way in the City or elsewhere, when such relocation/removal/replacement is reasonably necessary to KKR40540 -5- accommodate public works projects undertaken by the City or the Fontana Redevelopment Agency. 7. Eminent Domain. The City acknowledges that this Agreement is entered into in lieu of initiation of eminent domain proceedings by the City against Fontana Water to acquire those rights relative to the Existing Main, but only to the extent that such rights are necessary to eliminate Existing Main's interference with the Project.. 8. Enforceable by Specific Performance. Fontana Water irrevooably acknowledges, consents and agrees that, upon failure of Fontana Water to perform any of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforceable by means of an order for injunctive relief and/or specific performance. Fontana Water hereby irrevocably agrees and stipulates that the City would suffer irreparable harm in the nature of the delay to the construction of the Project should Fontana Water fail to perform in accordance with its obligations under this Agreement. 9. Attorneys' Fees. In the event any action or proceeding is commenced to contest the validity of this Agreement or to enforce any of its terms or provisions, then the prevailing party in any such action or proceeding shall be entitled to recover, in addition to other remedies available to it, its cost of suit and actual attorney's fees. For purposes of this Section 9, costs of suit KKR40540 -- 6 - include, without limitation, filing fees, processing fees, costs of expert witnesses, court reporters, and the like. 10. Authority to Execute. Each individual signing this Agreement on behalf of the City and Fontana Water hereby represent and warrant that they have 'the requisite authority necessary to bind the party on whose behalf they are signing. 11. Integration/No Modification. This Agreement represents the entire understanding of the parties with the matters herein contained. It supersedes all other prior written or oral agreements inconsistent with its terms. This Agreement may be modified only by another writing, subscribed by the party to be charged. 12. Indemnity. The City and Fontana Water each hereby agree to indemnify, defend and hold harmless the other and their respective officers, officials, employees, agents and contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the parties' obligations hereunder. CITY: Gregory C. Devereaux, City Manager KKR40540 -7 - City Clerk Stephen P. Deitsch City Attorney Robert Weddle City Engineer FONTANA WATER: KKR40540 --8 -- C of Fontana LIFORNIA FAX COMMUNICATIONS FROM FAX NUMBER (909) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: COMPANY: NAME: ~x~: ~ / ~ ) 4 ~ ~.- :~c ~o~ ~: ~ / r) ~ & ~ / ~ Eft. z4/ (~ludlng cover sh~t) cc: SISTER CITY -- KAMLOOPS, B.C. CANADA ~!~ recycIed Dapee CITY OF FONTANA WASHINGTON DRIVE SEWER PROJECT · UNICORPORATED AREA OF SAN BERNARDINO COUNTY < 3°' _ _ O 12 3/4" ~AER-~EEL (~E~ ~N) ~ + ~ I I ~ I ~ I ~" G ~ ~ Ns9'45'~ .C.P, SEWER I T :-m EP ~1 ~1 ~ ~ 2" STEEL WATER MAIN WASHINGTON DRIVE TO BE ABANDONED BY FONTANA WATER COMPANY (COUNTY PORTION OF PROJECT) (EXISTING MAIN) CITY OF FONTANA VACANT LOT A.P,N. 251-171-19 ~P,N. 251-17~-18 ~ I~~ ~ ~ ~, ,.T.S. ~ L ~ ~ VALL~ BLVD 0 ~I~G, ~ WATER-~E~2~ RT. 0~1~T OF WAY WASHINGTON DRIVE JT"/94 (CI~ PORTION OF PROJECT) CITY OF FONTANA WASHINGTON DRIVE SEWER PROJECT · UNICORPO~TED ~ OF S~ 8ER~DINO COUN~ ~ I ~j FONTANA WATER COMPANY (COUNTY PORTION OF PROJECT) (EXISTING MAIN) CI~ OF FONTA~ VAC~T LOT ~ ~ ~ ~ N,T.S. ~ ~ z ~ x 2 "' ~ W~SH~NGTON OR ~ 10 FREEWAY ~ -~- ~ · - GENERAL LOCATSON MAP (~I~ING ~N) WASHINGTON O~IVE d~e/~ (CI~ PORTION OF PROJECT) ~t~l' BY:HU/~A ONI'AI~IO ; 5-1~-U~; 2:22~M; ~ B09~506618;# 1/11 TELECOPIER TRANSMISSION TO: o Fax No, Number of pagee including this cover: Original to follow: Ye~x NO ...... If =ou exper4enee any ai~[~[icuJ.ty w~th the qualit~ or cenn, oletenese of[ this ~rensn~sion, piesee cal~ (909) 989-8584 o~ ~he sender ~ove. ~ Or 9~9=ie~a~ o= trade secret infoma~lon intended oniy ~or ~ use of ~d~v~a~ or en~L~y ~med above, 800 ~ H~en A~enu¢ Sul~ 120 o P.O. B~ 4360 OnfaHo, ~ 91761 Tele~ho~ ~) 989-8584 · Telecopi~: (909) 044.1441 Rive~ide · Palm SpHngs· Raaclm Mlmge . Oatado . Sa Di$ SENT BY:BB~ ONTAI~IO BEST, BEST VIA FAX AND F~RST CLASS MALE, Mr. Felipe Molinos Prin~mipal Engineer City of Fentans 8353 Sierra Avenue Fentans, CA 92335 Re: Agreement for' Abandonment of Washingto~ Drive Water Main Dea~ Felipe: Enclosed please find for your review a draft copy of the Abandonment end ReleaseAgreement with respect to the Fentans Water Company Water Main Beneath Washington Drive. Please Teview the documeDt carefully to insure that I have correctly stated the facts. As you see, the doc~ent makes reference to an Exhibit "A", Which should be a sketch of Washington Drive showing the location of the City sewer project, the existing water main, and the respective County/City boundaries. Please also note, if you can, where ~ou need to have Fentans Water seal the e~isting main. It world also be helpful to identify on the sketch the location of the residences presently served by ~he existing main# whose service will be transferred to the adjacent main. After your review and comment, I will ~inalize the agreement and send it te Fon~ana for their review and execution. Please let me Know if you want to handle this mBtter in some other way. K~GT~9 SSrF BY:BBt( ONTARIO : 9-14-94; 2:23PM; ~ 9093506613;# 3/11 BEST, BEST & KRIESER Feltpe Molinos Principal Engineer Septelnber 14. 1994 Page 2 Please call if you have any questions. KKR/pkO CC: Hr. Gregory C. Devereaux, City Manager (w/o encls.} Mr. [rank A. Shu~a, Community Development Director (w/o encls.) Mr. Robert Weddle, City Engineer (w/enols.) Clark H. Alsop, City Attorney Stephen P. Deitsch, Esq. ~isAgreement RegardingAbandonment of Water Main and Release Relative Thereto ("Agreement") is made this __ day of , 1994, by and between the City of Fentuna ("City"), a municipal corporation, and the Yontana water company ("Fontand Water")~ a RECITALS This Agreement is made with respect to the following faotsz A. The City is proceeding with the design and construction of a public sewer main ("P~oject") which extends beneath the Washington Drive public right of way, The portion of Washington Drive through which the Project will be constructed lles partially within the municipal boUndallies of City and partly within the adjoining unincorporated San Bernardino County area. A sketch depicting the location of the Project alon~ Washington Drive and the relative locations of the County and City aream is attached and incorporated hereto as Exhibit "A." B. Fontand Water is the owner of a two-inc~ diameter steel water main ("Existing Main") lying beneath Washington Drive in the area through which the Project will be constructed. The Existing Main provides water service t~ the ~esidence~ located on the ne~th side' of Washington Drive. The location of the Existing Main interferes with the City's c~netruction of the Project to such ~ extent that if the Existing Msin i~ not removed, the Project could not be built or, if built, would he built at significant additional cost. Also located within Washington Drive adjacent to the ~xie~ing Main, but not in a pozitlsn to interfere with the Project, in another water main (.Adjacent Main") owned by Fontand Weter. The adjacent Main hes the ability to provide water service to ~hoee residences located on the north side of Washington Drive which currently receive water service from the Existing Water Main. C. The City has requested that Fontand Water close and abandon the Existing Main and transfer water service for the residences along the north side of Washington Drive to the Adjacent Main. Fontand Water has agresd to de co, subject to the tens and conditionm of this Agreement. D. City and Fentans Water each acknowledge the existence of a dispute between the City and Fontaria Water with respect to the Existing Main. The City contends, and Fontaria Water disputes, that Fentans Water has the 0bligation~ both under statutory ~nd common law, to remove/replace/relocate, at its sole cost, expense and liability, the Exi~%ing M~in t~o the extent necessary to accommodate the City's construction of the Project. The City contends, end Fontand Water disputes, that this obligation extends not only to the portion of the Existing ~in located underneath the Washington Drive right'of way situated within the City's municipal boundaries, but also to that partion of the Existing Main located underneath the Washington Drive right Of way situated within the County. NOW, THEREFORE, in consideration for the covenants described belowr the City and Pontana Water agree as ~ollows: AGREEMEN~ 1. Inog~l~gration og Recitals. The C~ty and Fentuna Wate~ each warrant, covenant zDd ag:~ee that the Recitals set forth above and true and accurate. such representation, covenant and agreement constitute a material part of the consideration furnished to the parties hereunder. 2[ ~al0ptng of Exis~l~g..Main. Fontana Water shall, withln __days following cEecution of this Agreement, at its sole coat, expenae and liability (subject to the payment of compensation described in Section below), seal the ends of the ExiSting Main at those points identified on Exhibit "A". Fontaria Water shall also, at its sole cost, expense and liability (subject to the payment of compensation described in Section__below), transfer water service for those residences located on the north side of Washington Drive which currently receive water service from the ~xisting Main to the Adjacent Main. Fontan~ Water shall satisfy the forogotn~ obligations pursuant to ~is Section 2 in accordance with all City's and other csgnizant governmental agenciee, engineering policies, rules, regulations and standards. ~r.~T UY:HH~4 ON'l'al~lO ; 8-14-~ i 2:25PM I ~ 8083~06613;# 7/11 3. Abandonment of Existing Main. Following the sealing and transfer of water service from the Existing Main, as described in Section 2 above# Fontand Wuter shall,'without demons for payment other than that set forth in Section 4 below, irrevocably abandon, and shall release and quit claim to the City any and all'interest which it may have in the Existing Main. Forttans Water hereby Irrevocably consents tot he City'e taking of whatever actions with respect to the abandoned Existing Main the City deems necessary, in its sole and absolute discretion, to eliminate the Existing Main's interfeTches Wtth the Clty~s construction of the Project. Fontaria Wate~ acknowledges and agrees that such actions include, without limite~tion~ the removal and disposal of the Existing Main. 4, Paymen~ ...o.f..Compeneation. In consideration of, and expressl~ subject to, Fentans Water's performance of those obligations set forth in Sections 2 and 3 above, the city shall, within duys following Fontand abandonment of the Existing Main as described in Section ..... above, pay to Fontmna Water the sum of Twelve Thousand Dollars ($13,000) as full and complete consideration for the performance of Funtans Water's obligations under this Agreement. 5. ~. Upon payment of the amount set forth in Section 4 above, Fontaria Water shall ucelease, waive and forever forego any and all claims or demands against the City, and its officers~ officials, employees, agents and contractors, for monetary damages or equitable relief, which claims or demands are in any way related K~(R40S40 -4 -- SENT BY:BB~K ONTARIO ; B-I~-B~; 2:2~; ~ ~o~ou~u~o~ ofn to the actions of the City in the construction of the Project, the sealing oE the Existing Main, and the abandonment of the Existing Main. Without limiting the generality o5 the foregoing, Funtans Water hereby expresSly releases, waivem and ~orever forgoes any and all claims or demands aguinst the City and its offiuers~ officials, employees, agents and contractors based upon theories of direct or inverse condemnation, business interruption, lees of good will, compensation for fair market 'value# or any value whatsoever, which clsim:~ o~ demands are in any way whatsoever related to the ~ealing and abandonment of the ~xis~ing Main, as well as any claims for compensation or damages related to the recunnsotion of the residences located on the north mlde of Washington Drive to the AdJaoeDt Main. ,~, No Release of..~ture Claims With RespeCt.. tO. Other Rele~at.l~ Re.quiremente. pentans Water Warrants, covenants and agrees that by entering into this Agreement or otherwise, th~ City has not expressly Or impliedly agreed to waive, release or Eo=ego any claim or demand that, at any other t~me or place, unde~ simila~ or different circumstances, Fentans Water has both common law end/or statutory obligationors relocate/remove/replace, at Fontaria Water,s sole cost, liahl]ity and exl0enme, without offset, contribution or payment from City, other water transmission lines or any other equipment/facilities of Fentans Water located within ~ub~c rights of way in tile City or elsewhere, when sash relocation/removal/replacement is reasonably necessary to -5- SENT F~y:RF:&K ONTARIO ; accommodate public works projects undeztaken by the City or the Fontana Redevelopment Agency. ?. Eminent Domain. The City acknowledges that this Agreement is entare~ into in lieu of in].tia~ion of eminent ~omain proceedings by t~t City against Fontann Water to acquire those ~ights relative to the Existing Main, but ~nly to the extent that such rights are necessary to eliminate Existing Main's interference w~th the Project. 8. EnfOrceable bY SDeoific Per£or~anoe. Fontann Water irrevocably acknowledges, consents and agrees that, upon failure of Fontann Water to perform a~F of the obligations imposed upon it pursuant to this Agreement, that such obligations may be made enforoeable by means of an order for inJunstive relief and/or specific performance. Pontann Water hereby irrevocably agrees and stipulates that the City would suffer irrepa~able harm in the nature of the delay to the construction of the Project should Fontann Water fall to perform in accordance with its obligations under this Agreement. 9. AttqrDeys' Fees. In the event any action or proceeding is uommenced to contest the validity of this Agreement or to enforce any Of its terms or provisions, then the prevailing party in any such action or proceeding shall be entitled to recover, in addition to ethe~ remedies available to it, its cost of Suit and autual atto~ney,$ ~ees- FOr purpeses of this section 9, costs of suit - 6 - inc]ude, without limitation, filing fees, processing fees, COsts of expert witnesses, court reporters, and the like, 10. A~thoritv .to ExeoRte. Eadh individual signing this Agreement on behalf of the Ci~ and Fentans Water hereby represent and warrant that they have the requisite authority necessary to hind the party on whose behalf they are signing. 11. Integration;No Modlf~gution. This Agreement represents the entire understanding of the parties with the matters herein contained. It supersedes all other p=ier written or oral agreements inconsistent with its terms. This Agreement may be modified only by another writing, subscribed by the party to be ~harged. 12. Indemnity. The City and Fontand Water each hereby agree to indemnify, defend and Ehold harmless the other and their respective officers, officials, employees, agents end contractors from any and all third party claims for property damage or personal injury (including wrongful death) which arise from the performance of the parties' ubligations hereunder. CITY: Gregory C'j Oever~aux, City Manager KKR4OSI, Q -7-- City Clerk Stephen P. Deiteoh City Attorney Robert Weddle City Engineer ~ONT~NA WAT=R: COntinental Lawyers Title Company' "" ~ ' ' ' ""' Recording requested by 'RECORDED! IN Ctty of Fontaria ' ~Svv 5__OTr 6.]~_ OFFICIAL RECORD~:' When recorded mail to: N lfgOOCT 12 ~. ~' 23 · SAN BERNARDINO CO., CALIF. CIty of Fontaria APN 251-171-18,17 P.O. Box 518 Address Fontaria, CA 92334 Butldtng permit (Attention= Engineering Nvtst]on) EASEHENT DEED Documentary Tax Due $ By: (Grantors) BIRTCHER TRACiLM~.N PROPERTIES LTD., A CALIFORNIA PARTNERSHIP, FOR A VALUABLE CONSIDERATION. r'ecetpt of which ~s hereby acknowledged ,'Does__ Hereby Grant to the CITY OF FONTANA. a Huntc~pal Corporation. an ease- -ment for street, h~ghwey and public utfi4ty purposes ove~. under. and upon the real property ~n the Ctty of Fontana~ County of San 8ernard~no. State of · California, described as ~ .~ NOV ' ~l.c~ ..... :'" ' ";' ' FINANCE DEPARTMENT Said described parcele ape as shown on ."Exh4Ht A", .Sheet 3 of 3 BIRTCHER TRACHMAN PROPERTIES LTD., A California L1mtted Partnership BY: A.H. TRACHMAN INVESTMENTS-Z, A CALIFORNTA LTMITED PARTNERSHZP, GENERAL PARTNER BY: /~. By:. -:~. REAL ESTATE L[HITED, A CALTFORNZA LZHZTED PARTNERSHIP, GENERAL PARTNER BY: ~/~// , A CALIFORNZA CORPORATION, GENERAL PARTNER MTCHAEL H. rOSS : (~ PRESZDENT Sheet 1 of 3 90-408045 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ~t3~ ) On ~.~]~/I , 19 ~ , before m~, th~ undersized, a Notary Public in and for s~d State, personally appoar~d MICHAEL H. VOSS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the ~t~n instrument as ~e President on beha~ of BIR~IIER REAL ECTATE INCX, a Ca~or~a coloration, s~d coloration being the general partner of BIRTCHER R~L ESTATE LIMITED, a Ca~or~a H~ted partneraMp, wMch partneraMp is a general partner of BIRTCHER TRACH~N PROPERTIES LTD., a Ca~or~a H~ted partneraMp, the partneraMp tMt executed the ~tMn instrument, and acknowledged to me that he executed the ~t~ ~o~ Mstmment on beha~ of DIRTCIIER REAL ESTATE IN~ pursuant to its Bylaws or resolutions of its b~rd of ~rectors, tMt s~d coloration executed the ~tMn instrument on beha~ of BIRTCHER R~L ESTATE LIMITED tMt s~d partneraMp executed the ~tMn ~stmment on beM~ of BIRTCHER TRACH~N PROPERTIES LTD., and tMt BIRTCHER TRACH~N PROPERTIES LTD. executed the s~e. WITNESS my hand and offlc~l seal. NAME (TY~E~ OR ~RINTED) ( SEAL ) 90-408045 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS COUNTY OF ~j)V'~r~e_~ ) On D~ l[ , 19~{(2, before me, the undersigned, a Notary Public ~ and fo~ald State, personally appeared ANDREW M. TRAC~N, persona~y kno~ to me (or proved to me on the basis o~ satisfactory evidence) to be the person whe executed the wtth~ ~strment and who is the general partner of A.M. TRAC~4AN INVEST~NTS - I, a Ca~ornla ~ted partnership, said partnership berg a general partner o~ BIRTCHER TRAC~AN P~OPERTIES LTD., a Cal~ornia ~ted partnership, the partnership that executed the within instr~ent, and acknewledged to me that he executed the within ~strument on behM~ of A.M. TRA'C~N INVEST~NTS - I, that said partnership executed the wtth~ instrument on beha~ o~ BIRTCHE~ TRAC~AN PROPERTIES LTD., and that BIRTCHER TRAC~AN PROPERTIES LTD. executed the same. WITNESS my hand and official seal. E (TYPED. O~ P~INTED) ( SEAL ) / . 90-408045 Dated this __ day of , 19 . ACIOIONLEDGN£NT OF Thts ts to certtfy that the terest tn real property conveyed STATE OF CALIFORN: SS. by the deed~r grant dated COUNTY OF SAN el ) ;4.~.jl~ / from A#~t~,~ 1';..,,4,~,,,~ On before me, the undersigned Notary Public tn and to the City of Fontana, Caltfornh, for said and State, persona13y a Huntctpal Corporation, is hereby appeared accepted by the undersigned officer pursuant to authority conferred by knovm to me (or proved to resolution of the Ctty Council me baste of sattsfactory evt- adopted on October 3, 1989; a~d the to be the person whose name_ grantee consents to the recordatton __;ubscrtbed to the w~thtn thereof by its duly authorized , and acknowhdged to me officer. executed it. CiTY OF FONTAliA Notary signature .~?~~ or Ctty Parcel No. Sheet 2 of 3 90.-40S045 %: EXHIBIT A LEGAL DESCRIPTION A portion of"the West 2.70 acres of the East 5.56 acres of the North 10.96 acres of Lot 735, Semi-Tropic Land & WaterI Company subdivision, recorded in Map Book 11, Page 12, San Bernardino County, State of Californis, described as. follows: Beginning at a point on West line of the East 1/2 of the West 1/2 of the West 2,70 acres of the East 5.56 acres of the North 10.96 acres of said Lot 735, said point being on the northerly right-of-way line of Washington Drive; Thence northerly along the west line of the parcel of land described above, North 00°12'44" West, 45.00 feet; Thence North 89°45'46" East, 110.00 feet; Thence South 00°12'44" East, 45.00 feet to a poin~ on said North line of Washington Drive; Thence westerly along said North line of Washington Drive, South 89°45'46" West, 110.00 feet to the TRUE POINT OF BEGINNING., ' ~-~, Page 3 of 3 ~' ~. , · ~- % ' ""- cITY OF FONTANA, CALIFORNIA / DEED PLAT. City of Fontana CALIFORNIA August 25, 1994 Steve Deitsch City Attorney Best, Best & Krieger 800 N. Haven Avenue, Suite 120 Ontario, CA RE: Water Main Abandonment Requirements - Washington Drive Sewer Project Dear Steve, As you are aware, Engineering staff is coordinating the capping and abandonment of an existing 2" diameter steel water main which is interfering with the proposed alignment of the Washington Drive Sewer main. Essentially what the Fontana Water Company will do is to cap the ends of the existing 2" diametar steel pipe and transfer approximately 5 existing service connections to an existing adjacent water line also owned by the Fontana Water Company, and charge the City for this work. Engineering staff discussed the matter with you. You recommended that in order to abandon the water line the Fontana Water Company would have to enter into a "Purchase and Sale Agreement"; thereby, acquiring the ownership rights to the water main prior to its removal. The Fontana Water Company (Mr, Frank LoGuidice) was notified of the requirement. Mr. LoGuidice indicated that this requirement is not of standard practice; however, he would be willing to discuss the matter further. Please coordinate the legal requirements of the capping and abandonment of a 2" diameter steel water main and confirm the need for the "Purchase and Sale Agreement". If the agreement is necessary please arrange for its preparation. Contact information for the Fontana Water Company is as follows: Mr. Frank LoGuidice, Vice President - Engineering & Operations San Gabriel Water Company Post Office Box 6010 Phone: (818) 448-6183, ext. 241 El Monte, California (818) 448-5530 FAX Since the capping and abandonment of an existing 2" water main must be done prior to commencing the construction of the Washington Drive; Sewer, please process this matter as timely as possible. Should you have any questions regarding this matter please contact me at (909)350-7613. Sincerely, COMMUNITY DEVELOPMENT DEPARTMFNT Robert W. Waddle, P.E. City Engineer RWW :rs Enclosure - Copy of approwgd sewer project plane (Dr.2315) cc: Principal Engineer/Capital Irnprovements SISTER CITY -- ~MLOOPS, B,C, CANADA ~ recycl~ paper City of Fontana CALIFORNIA August 24, 1994 Stephen P. Deitsch, Esquire Best, Best & Krieger 800 N. Haven Avenue, Suite 120 Ontario, CA Attention: Deborah Bogen RE: Washington Drive Sewer Project - Water Line Abandonment Dear Steve: This is to provide you with the funding authorization to work with the Engineering Division staff to res.olve the Fontaria Water Company's requirements for abandoning an old 2 inch water' line (in County unincorporated area) in order for the City to construct the Washington Drive sewer project. (Note: Felipe Holinos reviewed some of these documents with you duringyour recent office hours at City Hall). With the construction of this sewer line through this small County area, the City can take out of service the sewer pump station constructed for the Bircher- Trachman project and gravity drain to the new Cypress Avenue sewer line. Please call Felipe Molinos at 909-350-6641 if you have any questions. Your firm's charge number is 54099907. Sincerely, Community Development Director FAS:RWW:sh Enclosure cc: City Engineer Principal Civil Engineer/Capital Improvements Sr. Administrative Analyst (JM) 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7800 SISTER CITY -- KAMLOOPS, B.C. CANADA Date: City of Fontana Best, Best & Krieger Request 'for Legal Services (City.,Manager's Budget Approval Requirccl Before Submission) Charge NO.: -f'4(>¢9¢<3 ? Description of Work Needed: / Date Needed By: City Staff Contact: By. Approved ~1 point) Estimate of Cost: ('To be provided by BBK) * When completed, please send form to Deborah Bogst by mail or fax (944-1441 ). jbm.legsrvc, l/19/94 City of Fontana CALIFORNIA August 24, 1994 Stephen P. Deitsch, Esquire Best, Best & Krieger 800 N. Haven Avenue, Suite 120 Ontario, CA Attention: Deborah Bogen RE: Washington Drive Sewer Project - Water Line Abandonment Dear Steve: This is to provide you with the funding authorization to work with the Engineering Division staff to resolve the Fontana Water Company's requirements for abandoning an old 2 inch waterli~e (in County unincorporated area) in order for the City to construct the Washington Drive sewer project. (Note: Felipe Molinos reviewed some of these doc.uments withyou duringyour recent office hours at City Hall). With the construction of this sewer line through this small County area, the City can take out of service the sewer pump station constructed for the Bircher- Trachman project and gravity drain to the new Cypress Avenue sewer line. Please call Felipe Molinos at 909-350-6641 if you have any questions. Your firm's charge number is 54099907. Sincerely. r~n'kankA. Schuma Community Development Director FAS:RWW:sh Enclosure ~.~ cc: City Engineer Principal Civil Engineer/Capital Improvements Sr. Administrative Analyst (jM) 8353 SIERRA AVENUE{P.O. BOX 51EI) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA City. of Fontaria Best, Best & Krieger Request for Legal Services (Cit~Manager's Budget Approval Required B4,"fore Submission) Charge No.: 5"4~¢9~o ? Descrilation of Work Needed: Date Needed By: City Staff Contact:/~-~--/f',/;e ~/,:-,-,~-.~ Appraved ~1 point) Estimate of Cost: (To be provided by BBK) * When completed, please send form to Deborah Bogen by mail or fax (944-1441). jbm.legsrvc. 1119/~4 RECORD OF TELEPHONE CONVERSATION Project No. Organization ~~~ ~D. L~ation ITEMS DISCUSSED W|ley.,FId~ Fee~ 4.,1 ~ENT BY:BAN QABRIEL VALLEY im,,w,t- 2-94 I 1,I:24 ; 818¢~8rmmm~* ~508818I# 2 Mr. Frank A. LoGuldicc Vice President - EngineerinS stud Operations San Gabri=l Valley Water Company Post Office Box 6010 El Monte, CA 91734 Subject: Abando~enI of Water Facilities Wsshtn~m Drive Sewer Project Fontaria, California In accordance with our discussions, this letter will confirm our request that San Oabriel Valley Water Company ("Company") abandon certain of its water distribution facilities in Washin2ton DriVe to accom- madate construction of the subJea sew. As I have explained, the sewer is an improvement project be~fitin2 the 2en~al public and is prompted by the City of Pontana's. desire to enhance its sewer collection system. accomplished by agreement tn~ lieu of fonnnl condemnation A~:n~lingly, we will pay app~pti em,t'~a~ion to the Company for facilities. In this l~gatd, wlJl y please advise me of the mount d compensation required to eemple~t. C of Fontana LIFORNIA COMMUNICATIONS FROM FAX NUMBER (909'.) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: COMPANY: / ~ /~ ~' 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CFTY -- KAMLOOPS, B.C. CANADA AU6 - 3 ,City of Fonta ,'*G'N "'soFF'cE CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Luis Montenegro, Project Engineer San Gabriel Valley Water Company 11142 Garvey Avenue El Monte, CA 91734 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. Montenegro The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year), Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easernents which must be reserved on one of the attached copies and return it to the City along with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT -/ Engineering Division ~j,.,-- Felipe Molinos, P.E. /~-'; '; Principal Engineer/Capital Improvements ~ FM:JT:jt ~'~ Enclosures cc: Andy Trachman Birtcher Trachman Properties LTD., a California Partnership This Utility Company does not have facilities in the project area. U.G. PAC. BELL & CAW ~ SCALE= 1'=40' "~' ""5'-"' [:::d ::=:r--,'p_ Ip_ ,~[ EASE~IENT TO CITY OF FONTANA~ bJZ RECORDED N SAN BERNARDINO CO. ~ ~ , foo."~.%%~o-~o~.'~o. ---7 "tR"'~'L%4r'- ''' 245,92' F//7 N89'45'46' E 425.96' PORTION OF WASHINGTON DRIVE VACATED. RECORDED IN SAN 8ERNARDINO COUNTY, ON MARCH 20. 1990. O.R. g0-104455 k,_ (OFFICIAL RECORD) ;~ JT 7/94 GEtiT DY|GAN aADRIEL VALLEY : -' 2-94 | 1~,:23 ; ~1~465V SAN GABRIEL VA~EY WATER COMPANY Post Offi~ Box 6010 B Monte, CA 91734 F~ No. (818) ~-5530 ~ANB~ION 8LiP DaN: A~ust 2, 1~ Thle FAX ~onsist8 of; page(s) (Ind,~llng this Tmnsmlaelan 8lip). If you have any difficulty wffh thY8 ranemission, please phone Darby 2~glar at (818) 448-~183. 8gNT DY:DAN 8ADRIEL VALLEY Mar. Frank A. LoOllidico Vice President - Engineering ~md Operations San Gabriel Valley Water Coxnpany Post ~ Box 6010 BI Monte, CA 91734 Subject: Abandonment of Water 1;acilifies Wssh~ll Drive Sewer Project Fontaria, Cnlffomia Tn accordance with our discussions, this letter will confirm oUr nxl~est that San Oabriel Valley Water Company ("Company**) abandon certain of its water distrlbulton facilities in Washington DriVe to accom- modate construction of die subject sewer. As I have explained. the sewer is an improvement project benefitInS the General public and is prompted by the City of Fontana's desire to. enhance its sower coiledtalon system. While abandonment of the Company's facilities would, of course, be under the threat or imminence of condemnation, this project can be accomplished by ~ent iz.t lieu of forrail condemnation proceadings. Accordingly, we will pay appropriate compensation to the Company for the facilities. In this regard, will you please miviso me of the amount of compensation roqninxI to complete this project. RECORD OF TELEPHONE CONVERSATION Project No. ~'/~ %//" ~ Project Titte ~/~ ~/~/~ Phone No, ( Y / ~ ) ~ ' ~/~ ~ ~' 241 Subject ~~ 7~ ~GT~ }~ ~ ~//f~ ~ ~U/*~ ~/~ ITEMS DISCUSSED ~/~' Form 4-7 :City of Fontana CALIFORNIA July 25, 1994 File: Washington Drive Sewer Project Mr. Luis Montenegro, Project Engineer San Gabriel Valley Water Company 11142 Garvey Avenue El Monte, CA 91734 RE: Proposed Vacation of a Portion of Washington Drive Sewer Pump Station Easement Attention: Mr. Montenegro The City of Fontana is presently giving consideration to a request from the property owner to vacate the portion of the subject easement not to be used after the station is removed (Project to start later in this year). Two copies of an exhibit showing the area of the proposed vacation are enclosed. Please indicate any existing facilities and easements which must be reserved on one of the attached copies and return it to the City along 'with a formal request. If there are no existing utilities and/or existing easements to be reserved, please sign below and return by Friday, August 5, 1994. If you should have any questions regarding this matter, please contact John Tesley at (909) 350-6642. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:JT:jt Enclosures cc: Andy Trachman Bi~cher Trachman Properties LTD., a California Pa~nership This Utility Company does not have facilitEes in the project area. Name Title Date 8353 SIERRA AVENUE (P.O. BOX 518) · FONTAN~ CALIFORNIA 92334-0518 · (714) 3~76~ SISTER CI~ -- ~MLOOP~ EC. CANADA ~ r~ycl~ ~t ° "J' City of Fontana CALIFORNIA June 29, 1994 Mr. Luis Montenegro, Project Engineer San Gabriel Valley Water Company 11142 Garvey Avenue E1 Monte; CA 91734 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Request to Abandon Water Main Dear Mr. Montenegro: For the project in reference, and as the enclosed project plans indicate, the optimum alignment proposed for the sewer main is centered approximately 4 feet north of, and parallel to, an existing 2" diameter steel water main that has four residences hookeq to it. There is also an existing 12 3/4" diameter water main centered 1Z feetto the north of, and parallel to, the proposed sewer main. The proposed sewer alignment complies with the State of California Department of Health Services criteria for separation of water mains and sanitary sewer, with respect to the 12 3/4" diameter water main. It does not comply with respect to the 2" water main. To comply with the criteria for the 2" water main will make the sewer main deviate from the optimum alignment, incur extra costs, and also reduce the separation with the 12 3/4" water main installed just a few years ago. This office requests that you reconnect the existing four residential services from the 2" main to the 12 3/4" main and abandon the 2" main, prior to the start of the sewer project currently estimated to be advertised for bids in September, 8353SIERRAAVENUE(P.O. BOX518) · FONTANACALIFORNIA92334~51S · (714)350-7600 SISTER CITY- KAMLOOPS, ~C. CANADA ~ r~led paper -. V Mr. Luis Montenegro June 29, 1994 Page Two Please respond to this office in writing. If you have any questions on the above, please call the undersigned at 909-350-6641. Thank you for your attention to this matter. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Department Felipe Molinos, P.E. Principal Civil Engineer/Capital Improvements FM:sh Enclosure cc: City Engineer ~ ~' ~,:~ ~ ~ ~,'c (~) City of Fontana CALIFORNIA June 15, 1994 Mr. Luis Montenegro, Project Engineer San Gabriel Valley Water Company 11142 Garvey Avenue El Monte, CA 91734 RE: Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East Dear Mr. Montenegro: Please find enclosed two (2) copies of the construction plans for the subject project. The project design is 95% complete and soon to be signed. The project is scheduled to be advertised for bids in Septernber of 1994. It is anticipated that construction of this project will commence at the end of 1994. If you determine the facilities are plotted incorrectly and there are conflicts with your facilities or you are planning any construction of, or maintenance to your facilities within the construction zone in the near future, please contact the undersigned immediately at phone number (909) 350-6641, fax number (909) 350-6618. Also enclosed is a utility response form. Please complete the form and return by fax and/or mail. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRA AVENUE (P,O. BOX 818) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CI'FY- KAMLOOPS, B,C, CANADA R COMPANY A D/VISION OF SAN GABRIEL VALLEY WATER COMPANY 8440 NUEVO AVENUE · P.O. BOX gB?. FONTANA, CALIFORNIA g2334 · (g0g) August 30, 1993 RECEIVED C, ity of Fontana CITY ENGINEER'S OFFICE 8353 Sierra Avenue Fontana, CA 92335 Attention: Mr. Felipe Molinos Subject: Washington Street Sewer Utility Information Request Gentlemen: You are hereby advised that Fontana Water Company has facilities within the area of your proposed construction. To aid you in the design and planning of your project, we have euclosed herewith copies of our maps which show the approximate locations of our facilities within the project area. Our facilities will require protection in accordance with Section 5.1 and 5.2 of the Standard Specifications for Public Work Construction, and we wish to cooperate with you to prevent damage to our facilities and interruption of your work. If you should need additional information, please do not hesitate to contact me at (818) 448-6183, Ext. 252. Very truly yours, Project Engineer LFM:dz City of Fontana CALIFORNIA August 26, 1993 Mr. Luis Montenegro, Project Engineer San Gabriel Valley Water Company 11142 Garvey Avenue El Monte, CA 91734 RE: Washington Street Sewer Line Cypress Avenue to Juniper Avenue Utility Information Request Dear Mr. Montenegro: The City of Fontaria is currently preparing a feasibility study for constructing the Washington Street Sewer from the sewer pump station located west of Juniper Avenue to the recently constructed Cypress Avenue Sewer. Enclosed is a vicinity map, and a utility notice reply form. Please send your plat sheets or construction drawings for your facilities within the project area (Cypress Avenue to Juniper Avenue on Washington Street) and the completed enclosed utility response form to: City of Fontaria 8353 Sierra Avenue Fontana, Ca 92335 Attention: Felipe Molinos Please indicate if you are planning any construction of, or maintenance to, your facilities within the construction zone in the near future and if so, let us know your proposed schedule. If you have any comments or questions, please contact me at (909) 350-6641. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos , Principal Engineer/Capital Improvements Section FM:JT:jt Enclosures 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~l~ recycled pa~er