HomeMy WebLinkAbout5/21/2014 - STAFF REPORTS - 2.I. 9ALM S,.
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City Council Staff Report
Date: May 21, 2014 CONSENT CALENDAR
Subject: GRANT OF EASEMENT TO RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT (RCFC).
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Grant of Easement to Riverside County Flood Control and Water Conservation District
for Flood Control and Drainage Purposes at the southeast corner of Vista Chino and
Cerritos Road.
RECOMMENDATION:
1. Approve Easement Deed granting easement for flood control and drainage
purposes to RCFC for the Farrell Basin located at the southeast corner of Vista
Chino and Cerritos Road.
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
In 1986 the City and RCFC entered into an agreement defining responsibilities relating
to design, construction and maintenance of various master planned flood control
facilities within the City. One of the City responsibilities in said agreement was to grant
RCFC easements for flood control purposes over City owned properties where master
planned flood control facilities exist or are planned to exist. The City Master Drainage
Plan, approved by Council in 1984, includes a basin located on 9 acres at the southeast
corner of Vista Chino and Cerritos Road.
RCFC has recently informed staff that during its 2013 inventory of RCFC real property
they discovered the City never granted them an easement for operation and
maintenance of the Farrell Basin. They are requesting the City grant them an easement,
pursuant to said 1986 agreement, for the operation and maintenance of the Farrell
Basin. The RCFC has been maintaining this basin for years.
ITEM NO.
City Council Staff Report
May 21, 2014- Page 2
Grant Easement to RCFC
FISCAL IMPACT:
None.
SUBMITTED:
Prepared by: Approved by:
L 7
David J. Barakian David H. Ready
Director of Public Works/City Engineer City Manager
Attachment:
1. RCFC Letter
2. Proposed Easement Deed
3. 1986 Agreement
02
WARREN D.WILLIAMS 1995 MARKET STREET
General Manager-Chief Engineer RIVERSIDE,CA 90
951.95 5.121200
FAX 951.788.9965
www.rcflood.org
158417
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
January 29, 2014 `. q
F:;-a - ' 2014
Mr. David Barakian
Public Works Director/City Engineer
City of Palm Springs
Post Office Box 2743
Palm Springs, CA 92263-2743
Dear Mr. Barakian: Re: Palm Springs MDP —Farrell Basin
Project No. 6-0-00316
The District has been inventorying the real property held by the District for projects we currently
operate and maintain. We have discovered that we have been maintaining the Farrell Basin which is
located at Vista Chino and Cerritos Road, identified as APN 507-301-012, and we have never
obtained an easement for this purpose. Pursuant to an Agreement between the City of Palm Springs
and the District, executed by both parties in 1986, the City was to convey any necessary rights to
maintain the facility upon the completion of the project. The District would like to formally request
that the City grant an easement for maintenance purposes to the District. I have enclosed a copy of
the Agreement for your reference and an Easement Deed.
Should you have any questions in regards to this conveyance please contact Ami Urista at
951.955.4518 or via email at auristanarcflood.org.
Thank you for your assistance.
very trulyyours,
WILLIAM R. HOF E JR.
Chief of Surveying Mapping Division
Enclosures
AU:rlp
03
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501-1770
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s)declare(s)
Palm Springs MDP Farrell Basin DOCUMENTARY TRANSFER TAX$NONE
Project No. 6-0-00316
RCFC Parcel No. 6316-1
EASEMENT DEED
CITY OF PALM SPRINGS, municipal corporation,
hereby grants to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT,a body politic, an easement for flood control and drainage purposes,including but not limited
to the construction,use,repair,reconstruction,inspection,operation and maintenance of Palm Springs MDP
Farrell Basin and all appurtenant works, including ingress and egress thereto, over, under and across that
certain real property situated in the City of Palm Springs, County of Riverside, State of California, as
described in Exhibit "A" and shown in Exhibit `B", attached hereto and made a part hereof.
Assessor Parcel Number: 507-301-012
CITY OF PALM SPRINGS,
municipal corporation:
Date: By:
DAVID H. READY,
City Manager A: ?R r+ 30 run
`
ATTEST:
JAMES THOMPSON,
Clerk to City of Palm Springs
By:
City Clerk (Seal)
04
Exhibit "A"
Palm Springs MDP —Farrell Basin
Parcel 6316-1
Parcel 4 as described in Instrument No. 194978, recorded May 25, 1993, records of Riverside
County, State of California, within the city of Palm Springs.
9
LAND dG��yF,O
\ost WILLIAM R. HOPPE JR.
3 a 0 Land Surveyor No.
Signed For: Riversi e County Flood Control
and Water Conservation District
lF OF CAOFOR /
Date:
05
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Easement to be Acquired a 0.• f.,
:. SH-111 - ` :a. m« ..... VISTA CHINO
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H I a R • � • .
leer '" � 1 I � • • ' . .. � • ,: ��
Palm Sprgs Ln 6 Stgl,Farrell Bsn - + f ' . ` • -
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N Project Area Drawing y:b ALG Date: 12/30/2013 0 300 600
Feet
o Palm Springs MDP-Farrell Retention Basin
Cn
�. Exhibit A
Project No. 6-0-00316 Sheet: 1 of 1
Exhibit "B"
PARCEL 4 AS DESCRIBED IN INSTRUMENT NO. 194978, RECORDED MAY 25 1993,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE CITY OF PALM SPRINGS.
99
S. 3 I 19 SAHARA , f pj . 2g , PARK VIEW
R' ROAD i` DRIVE NB9` 42'oo E
666. 52'
—V I STA — —CHI NO DR I VE
N89' 42'00"E 616. 75' S0. DO' N '/4 CDR
1 SEC. 12 [jJ w
N89' 40'21 "W (R) Cr
N89' 40' 21 "W 4 I V)
30. 00, PARCEL
6316- 1
a o POR. N 112 OF NE 1/4 OF O
a 0 NW 1/4 OF SEC. 12, T. 4S R. 4E
C) N
o _ o
~ w PARCEL 4
b ° INSTR. No. 194978
00 Ld 0' REC. MAY 25, 1993 g
o RIVERSIDE COUNTY
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56 9,32
R•S
N89'40'21 "W 673. 23'
Q LAND CURVE DATA
�aSF'P HOF ` O R I T I L
J 13 A I 1 89- 22' 21 " 20. DO' 19. 78' 31. 20'
V' LxP'�?
l� OF CAS-RFD
DATE:
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
1995 MARKET ST. RIVERSIDE. CA. 92501
PROJECT NAME, PALM SPRINGS MDP - FARRELL BASIN
THIS PLAT IS SOLELY AN AID IN LOCATING RCFC PARCEL NUMBER[$), SCALE, PREPARED BY,
THE PARCEL (S) DESCRIBED IN THE PARCEL 6316- NO SCALE DAB
I
ATTACHED DOCUMENT. IT IS NOT A PART SHEET No.
OF THE WRITTEN DESCRIPTION THEREIN. JAN- 14-2014 I OF I
07
FLOOD CONTROL 'D WATER CONSERVATION DISTRICT )ARD SUBMITTAL
CO. .IY OF RIVERSIDE, STATE OF CALIFO. AA
MENOMONEE
FROM: Chief Engineer SUBMITTAL DATE: May 13, 1986
SUBJECT:. Palm Springs, Master Cooperative Agreement for
Flood Control Projects
RECOMMENDED MOTION:
The Board approve the attached cooperative agreement with the
City of Palm Springs and authorize the Chairman to execute it
on behalf of the District.
JUSTIFICATION:
The agreement defines responsibilities between the City and
District for a more efficient handling of matters relating to
design, construction and maintenance of the various master
planned flood control projects within the City.
FINANCIAL:
There are no unanticipated costs associated with the
agreement. The commitments by each agency are administrative
in nature and consistent with existing policy implemented
through individual agreements done on a project by project
basis in this City, as well as others in the District.
KENNETH L. E WARDS
Chief Engineer
MINUTES OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT BOARD
On motion of Commissioner Younalove, seconded by Commissioner Dunlap
and duly carried by unanimous vote, IT WAS ORDERED that the above
matter is approved as recommended.
AN:bJp Ayes : Dunlap, Ceniceros, Larson, Younglove and Abraham
110513b Noes : None Gerald A. Maloney
Absent: None Cler of th Board
Date: May 13, 1986 By: , , �
xc: Flood Control Deputy r
Prev.Agn.ref. Depts. Comments Dist. I 08
FORM II B 02V32) C C. 1
i
l )
AGREEMENT
2
3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
4 CONSERVATION DISTRICT , hereinafter referred to as "DISTRICT" , and
5 the CITY OF PALM SPRINGS, hereinafter referred to as "CITY" , en-
6 ter into the following agreement:
7 RECITALS
8 WHEREAS, the Board of Supervisors of DISTRICT has adop-
9 ted the MASTER DRAINAGE PLAN FOR THE PALM SPRINGS AREA,
10 hereinafter referred to as "PLAN"; and
11 WHEREAS, CITY has formed and adopted several specific
12 Area Drainage Plans for the collection of fees to finance the
13 construction of drainage and flood control facilities within
14 CITY; and
15 WHEREAS , DISTRICT and CITY have executed a cooperative
16 agreement dated January 18 , 1984 regarding the planning and
17 financing of Master Planned facilities within CITY; and
18 WHEREAS, the construction of drainage and flood control
19 facilities within CITY may require rights of way acquisition, the
20 relocation of existing underground and surface facilities and the
21 replacement of base and pavement materials; and
22 WHEREAS , the terms involved with the operation and
23 maintenance of completed drainage and flood control facilities
24 between CITY and DISTRICT require definition; and
25 WHEREAS , coordination of construction and maintenance of
26 drainage and flood control facilities in accordance with this
27 agreement is in the best interest of the public;
28
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1 NOW, THEREFORE it is mutually agreed as follows:
2 I SECTION I
3 I DISTRICT shall :
4 1 . In connection with the construction of any segment
5 of PLAN to be maintained by DISTRICT , provide for the design,
6 contract administration, construction staking and contract
7 inspection.
8 2. Relocate at its own expense all sewer lines that
9 conflict with the construction of drainage and flood control
10 facilities, and relocate all other utilities at its own expense
11 which must be relocated and which CITY cannot order relocated at
12 the utility owner' s expense.
13 3. Upon completion of the drainage and flood control
14 facilities set forth in PLAN, accept responsibility for their
15 operation and maintenance except for inlets and connecting cul-
16 verts within CITY streets and rights of way.
17 SECTION II
18 CITY shall:
19 1 . Grant DISTRICT the right to construct any segment of
20 PLAN within CITY owned rights of way at no cost to DISTRICT.
21 2. Relocate or cause to be relocated at no cost to
22 DISTRICT all CITY owned utilities excepting sanitary sewers, and
23 order the relocation of all utilities installed by permit or
24 franchise which conflict with the construction of any segment of
25 PLAN, and which must be relocated at the utility company' s
26 expense.
27
28
2 -
1 3 . Provide at its own expense the potholing of all CITY
2 owned utilities (except sanitary sewers) .
3 4 . Upon notice by DISTRICT of the completion of the
4 drainage and flood control facilities, at the locations set forth
5 in PLAN , accept responsibility for cleaning and maintaining
6 drainage inlets within CITY streets and rights of way.
7 5 . Accept responsibility for the adjustment of storm
8 drain manhole rings and covers located within CITY streets and
9 rights of way at no cost to DISTRICT when the grade of CITY
10 streets and rights of way are improved, replaced or changed after
11 completion of DISTRICT 'S construction.
12 6. Reimburse DISTRICT for the actual cost of construct-
13 ing bridges and related appurtenances within CITY streets on all
14 master planned open channel projects being constructed by
15 DISTRICT.
16 7. Provide DISTRICT the opportunity to review and com-
17 ment on all new waterlines and sewerlines and any other major
18 underground facilities being proposed for construction within
19 CITY which cross or parallel proposed Master Planned Storm Drains
20 prior to the approval of their installation.
21 SECTION III
22 It is further mutually agreed that:
23 1 . DISTRICT will acquire or cause the acquisition of
24 all required rights of way, outside of CITY street rights of way
25 or property, necessary for the construction of PLAN , providing,
26 however, it is agreed and understood that CITY will grant an
27
28
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1 easement at no cost to DISTRICT for flood control purposes over
2 ; CITY owned property outside its streets for all required parcels
3 whenever such grant will not unreasonably interfere with CITY'S
4 I existing or planned use of said property.
I
5i 2. CITY shall have an opportunity to review and approve
6 I the plans and specifications for the construction of any segment
I
7 of PLAN prior to DISTRICT approval and advertising for bids for
8 those facilities CITY will maintain and shall be invited to at-
9 tend a pre—construction meeting with the Contractor prior to
10l DISTRICT 'S issuance of the "Notice to Proceed" with construction.
11 3 . The replacement of existing- street paving shall in-
12 clude the installation of 3 inches of asphalt paving over 6
13 inches of Class 2 base material or replacement in kind of exist-
14 ing improvements, whichever is greater.
15 4 . CITY shall pay DISTRICT for any agreed upon change
16 order work requested in writing by CITY, at the approved contract
17 unit prices bid or at the negotiated change order prices. Pay-
18 ment shall be based upon actual quantities of materials removed
lg and/or installed. Billing by DISTRICT will be made within 60
20 days after completion of a project. CITY shall pay DISTRICT
21 within 30 days of receipt of said billing.
22 5 . CITY personnel may observe and inspect the reloca-
23 tion of CITY owned utilities, the backfill and paving within CITY
24 street rights of way .or property, or any other work being per-
25 formed for CITY as a part of the construction contract and which
26 will be maintained by CITY. Such inspection shall be made under,
27
28
_ 4 _ 12
I
I
1 and any comments made to, DISTRICT personnel, who shall be
2 responsible for all communications with the contractor .
3 6 . DISTRICT shall guarantee, for a period of one year
4 after completion of all restoration work within CITY street
5 rights of way or property, against any defective work or labor
6 done or defective materials used to reconstruct streets and shay_
7 promptly correct or cause its contractor to correct any defects
8 that may appear during said period .
9 7. CITY and DISTRICT agree that this Agreement is in-
10 tended to supplement the agreement between CITY and DISTRICT ,
11 executed on January 18 , 1984 , with regard to the planning and
12 financing for new flood control projects within CITY and the col-
13 lection of Area Drainage Plan fees by CITY.
14 8. . It is understood and agreed by the parties hereto
15 that this Agreement, when executed, shall be applicable to all
16 future master planned projects as well as the Camino Real Storm
17 Drain project and Stage II of the Line 15 , 15B, and 15BA Storm
18 Drain project both of which have been recently completed.
19 9 . Each party hereto shall indemnify, defend , save and
20 hold harmless the other party of and from any and all liability,
21 claims, demands, debts , losses or suits for damages to other
22 parties for personal injury or property damage, arising out of or
23 in any manner connected with the performance of the duties and
24 obligations assigned to each.
25
26
27
28
- 5 - 13
1 10 . Any and all notices sent or required to be sent to
2 the parties to this agreement will be mailed to the following
3 addresses:
4 RIVERSIDE COUNTY FLOOD CONTROL CITY CLERK
AND WATER CONSERVATION DISTRICT CITY OF PALM SPRINGS
5 Post Office Box 1033 Post Office Box 1786
Riverside , CA 92502-1033 Palm Springs, CA 92262
6
IN WITNESS WHEREOF, the parties hereto have executed
7
this agreement on Uri 1. � --Z> 1G
8 Date to be f led in by Clerk of the Board)
9 RIVESID &COUNTYODCON 0AND , T ON D T ICT
10
By i
11 C ' irman, Board of Supervisors
12 ATTEST:
13 Recommended for
ApAAp'p�pr�>oval: GERALD A. MALONEY, Clark
14 moo.__ > ��/C�u_7���c_ By
ENNETH L. EDWARDS puty
15 Chief Engineer
16 (SEAL)
17 CITY ;OYFALM SPRINGS
18 By . /01 ----
NORMAN R. KING
19 City Manager
20 ATTEST:
21 Judith Sumich, City Clerk
22 �--
�J e
23
(SEAL)
24 Attachments
25 RAN : sf
AGRMT121
26 nPROVED BY1MCRYCAV"OL
27 JtG NO. 3
..:NM AH4?OVtU /lJC
28 GERAL0 J.GEERI.IMGS.County Counsel
APR 5i 1986 14
Deputy