HomeMy WebLinkAbout1999-053
1
RESOLUTION NO. 1999-53
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 ACCEPTANCE AND EXECUTION OF A JOINT USE AGREEMENT WITH THE
SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF
4 TRANSMISSION POLES FROM PREVIOUSLY GRANTED RIGHTS-OF-WAY TO
NEWLY EXTENDED RIGHT-OF-WAY IN THE SOUTH SIDE OF MILL STREET
5 BETWEEN LENA ROAD AND TIPPECANOE AVENUE ( DUE TO WIDENING OF
6 MILL STREET).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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10 directed to execute and accept on behalf of said City, a Joint Use Agreement with the Southern
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
11 California Edison Company, a copy of which is attached hereto and incorporated by reference
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herein, as fully as though set forth in length, marked Exhibit "A", for the relocation of
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transmission poles for which Southern California Edison Company has previous rights-of-way
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15 and easements, more particularly described in said Joint Use Agreement and concerning that
16 certain real property in the City of San Bernardino, County of San Bernardino, State of
17 California, generally located on the South side of Mill Street between Lena Road and Tippecanoe
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A venue. Said City consents to the recordation thereof.
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
21 if the parties to the agreement fail to execute it within one hundred twenty (120) days of the
22 passage of this resolution.
23 II
24 II
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27 II
28 II
03/16/99
Res 1999-53
ACCEPTANCE AND EXECUTION OF JOINT USE AGREEMENT, SOUTH SIDE OF MILL STREET
BETWEEN LENA ROAD AND TIPPECANOE AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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3 Common Council of the City of San Bernardino at a
ioint re2Ular
meeting thereof
held on the 5th day of April
wit:
Council Members: AYES NA YES
ESTRADA x
LIEN X
MCGINNIS X
SCHNETZ X
DEVLIN x
ANDERSON X
MILLER y
, 19~, by the following vote, to
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The foregoing resolution is hereby approved this
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ABSTAIN ABSENT
fft~L e~
April
,1999 .
Approved as to form
22 and legal content:
23
JAMES F. PENMAN
24 City ttorney
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03/16/99
2
RECORDING REgUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
1999-53
Original:
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14803 CHESTNUT STREET
WESTMtNSTER. CA. 92683-520
ATIN: CHRISTINA NUANEZ
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RP File No. REL 970095
JO 2616
Selial64437A
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ~~\ \ ,19'13.., by and between
SOUTHERN CALIFORNIA EDISON COMPANY. a corporation, hereinafter c led "Company", and the CIlY OF
SAN BERNARDINO, a municipal corporation of the State of California, hereinafter called "City",
W 1 I N E .s..s. E I H:
THAT WHEREAS Company is the owner in possession of certain lights of way and easement(s) for
electIical facilities by virtue of the following easement lights:
Those certain Grant of Easements granted in favor of Southern California Edison Company, recorded
July 17. 1962 in Book 5735, page 149 from Charles Inc, recorded May 22, 1967 in Book 6823, page 913 from
John D. Lynch, recorded May 24, 1967 in Book 6825, page 261, from Opal L. Dycus, recorded May 24, 1967
in Book 6825, page 262, from Wilson and Fields, a corporation. recorded May 25, 1967 in Book 6825, page
77, from George I. Samstad and Lana P. Samstad, recorded July 6, 1967 in Book 6850, page 807, from Ola A.
Banientes, recorded June 12, 1967 in Book 6834, page 929 from Clovis A. Robertson and Diane H.
Robertson, recorded June 12, 1967 in Book 6834, page 931 from Clure Harpe and Ruth Harpe, recorded June
8, 1967 in Book 6833, page 335 from L. E, Nutt, George Maloof, George A, Nichols and L. L. Lewis, recorded
June 8, 1967 in Book 6833, page 378 from Donna Lee Sellers, Harry Albert Belleau and Lany Alfred Belleau,
recorded June 18, 1967 in Book 6839, page 547 from Lathere L. Lewis, Alfred C. Austin. George Nichols and
George Maloof, recorded July 3, 1967 in Book 6849, page 377 from Raymond V. Quiel, Margaret L. QuieI.
Gordon E. Quiel and Mary A. QuieI. recorded July 10, 1967 in Book 6852, page 61 from Richard J. Pennoni
and Jeanne G, Pennonl, recorded July 21, 1967 in Book 6859, page 792 from Charles W. Strebig, Joseph A.
Strebig and Frances Swiderski, recorded August 25, 1967 In Book 6879, page 268 from Harry L. Fain,
recorded September 26, 1967 in Book 6895, page 796 from Otillo Saldana and Jeannie R. Saldana, recorded
November 22, 1968 in Book 7135, page 155 from Jess Curtis Newman, recorded January 30, 1969 in Book
7173. page 589 from WIlliam Thomas Newman, and that certain Grant of Easement in favor of the California
ElectIic Power recorded June 12, 1959 in Book 4846, page 72, all of Official Records. in the office of the San
Bernardino County Recorder, hereinafter referred to as "Company's Easement": and
WHEREAS City has acquired easement lights for street and highway purposes for the construction
and/or improvement of Mill Street in said City. County of an Bernardino, State of California, hereinafter
referred to as "highway light of way", as shown on the plint attached hereto, marked "Exhibit A" and hereby
made a part hereof which said highway light of way is subject to Company's easement: and
WHEREAS Company's facilities as now installed and located on said highway light of way will interfere
with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City
desires to eliminate such interference or obstruction:
EXHIBIT " A "
.'
JOINT USE AGREEMENT
S.C.E. Co.. a corp., to
City of San Bernardino
Serial 64437 A
1999-53
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained.
Company and City do hereby agree as follows:
The location of Company's easement insofar as it now lies within the said highway right of way, be.
and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new
location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".
City hereby agrees to pay for the total actual cost of relocation incurred by Company for relocating its
facilities from Company's easement and reconstructing the same in the new location, including, but not
limited to, the cost of acquiring any easements or rights of way over private property,
In consideration of the payment to Company of the cost of relocation as aforesaid, and upon
acquisition of any and all easements over private property as may be required for the relocation of Company's
facilities to the new location, Company agrees to rearrange. relocate and reconstruct within said new location.
any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of
way. Company hereby consents to the construction. reconstruction, maintenance or use by City of a street or
highway over, along and upon Company's easement, both in the old location and in the new location within
said highway right of way, upon and subject to the terms and conditions herein contained,
City acknowledges Company's title to Company's easement in said new location and the priority of
Company's title over the title of City in said new location. Company has and reserves the right and easement
to use, in common with the public's use of said street or highway, said new location for all of the purposes for
which Company's easement was acquired, without need for any further permit or permission from City.
Except in emergencies, Company shall give reasonable notice to City before performing any work on
Company's facilities in said new location where such work will obstruct traffic, In all cases, Company shall
exercise due care for the protection of the traveling public.
In the event that the future use of said highway right of way shall at any time or times necessitate a
rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new
location, and City shall notifY Company in writing of such necessity and agree to reimburse Company on
demand for its costs incurred in complying with such notice, Company will provide City with plans of its
proposed rearrangement and an estimate of the cost thereof. and upon approval of such plans by City,
Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal.
Company shall exercise due care for the protection of the traveling public. No further permit or permission
from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a
Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent
relocation of Company's facilities within said highway rights of way. (2) provide executed document(s) granting
to Company a good and sufficient easement or easements over private property if necessary to replace
Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required
to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company
shall acquire such easement or easements.
City agrees to reimburse Company for any loss Company may suffer because of any lack of or defect in
City's title to said new location or any subsequent location within said highway right of way, or in the title to
any easement provided by City over private property, to which Company relocates its facilities pursuant to the
provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any
such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any
other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way
required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault
or negligence,
-2-
Res 1999-53
JOINT USE AGREEMENT
S.C.E. Co.. a corp., to
City of San Bernardino
Serial 64437 A
Except as expressly set forth herein. this agreement shall not in any way alter, modiI'y or terminate
any provision of Company's easement. Both City and Company shall use said new location in such a manner
as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a
release or waiver of any claim for compensation or damages which Company or City may now have or may
hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by
either City or Company in such a manner as to cause an unreasonable interference with the use of said new
location by the other party. City agrees that Company's facilities shall not be damaged by reason of the
construction. reconstruction or maintenance of said street or highway. by the City or its contractors, and that.
if necessary, City will protect Company's facilities against any such damage, at City's expense.
Company shall have the right to trim or top any tree or trees which may grow in said new location in
said highway right of way, and which in the opinion of Company may endanger or interfere with the proper
operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or
danger.
This agreement shall inure to the benefit of and be binding upon the Company and the City and their
respective successors and assigns.
IN WI1NESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by
their respective officers thereunto duly authorized. as of the day and year herein first above written.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
c./}
/~7~
James Lee
Right of Way Agent
Real estate Operations
Real Properties and
Administrative Services
!~?f-
CIlY 0 SAN BERNARDINO.
a mu ici al J~orporation
'I :-\
,...J...d h. C~
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B~Qt~
-3-
JOINT USE AGREEMENT
S.C.E. Co.. a corp.. to
City of San Bernardino
Serial 64437A
Res 1999-53
STATE OF CALIFORNIA
~,4}J
COUNIYOF BErNAlWlrJO
)
) ss.
)
On 3-6-1& , before me, ,los-eft, A D'AMAfo ,personally appeared
JAM"" A. U'e. , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that (he/she) executed the same in (his/her) authorized capacity and that by (his/her) signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
COUNIY OF
)
) ss.
)
l@-ci-~=-l
.. Notary NIIc - CA' l1IlI I
San .... _A.. Ceonr t
t _ _ _ ~~~~~'~~
Signature ~ Q,
STATE OF CALIFORNIA
fJU
On before me, , personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that (he/she/they) executed the same in (his/her/their) authorized capacity and that by (his/her/their)
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
-4-
Res 1999-35
Res 1999-53
-I
1999-53
A PORTION OF LOT 2. BLOCK 45. OF THE
RANCHO SAN BERNARDINO
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LEGEND
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10' WIDE JOINT USE AGREEMENT AREA WITH
THE CITY OF SAN BERNARDINO
EXHIBIT -A-
o
100 200
SCALE IN FEET
400
.
PROJECT NAME, CALELECTRIC-MENTDNE -SAN BERNARDINO 115
MAP 8. F.B. REF' F.B.10461 39-42A
DRAIJN BY, R. CORDOVA SURVEYED BYllUNTE-SIFLlNG
DATE, 1-15-98 AND INFO.'J. GLASSER SER,,64437A
CHECKED BY,L. KELLEY
kV T IL M.S. 055-103
CITY,SAN BERNARDINO
COUNTY, SAN BERNARDINO _ --.. ~._.
J.O.,6152 LES'3048 IIL.I ~J2!~Ql'J"_
File NaMe' M'\ARCHIVE\DRAIJINGRC3048 .DIJG