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HomeMy WebLinkAbout1997-057 RESOLUTION NO. 97-57 1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTIIORIZING TIlE ACCEPT- ANCE AND EXECUTION OF A COMMON USE AGREEMENT WIlli TIlE CITY OF RIVERSIDE FOR 2 TIlE CONSTRUCTION OF ORANGE SHOW ROAD ACROSS TIlE GAGE CANAL. 3 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTION 1. That the Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute and accept on behalf of said City, a 7 Common Use Agreement with the City of Riverside, a copy of which is attached 8 hereto and incorporated by reference herein, as fully as though set forth in 9 length, marked Exhibit "A", for the construction of Orange Show Road across 10 the Gage Canal, more particularly described in said Common Use Agreement and 11 concerning that certain real property in the City of San Bernardino, County 12 of San Bernardino, State of California, generally located between the Santa 13 Ana River and Tippecanoe Avenue. Said City consents to the recordation 14 thereof. 15 SECTION 2. The authorization to execute the above-referenced within one / / / / / / / / / / / / / / / / / / / / / / 02/11/97 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/11/97 ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT ACROSS TIlE GAGE CANAL TIlE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE 1 2 3 97-57 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 17th day of February 4 1997, by the following vote, to-wit: COUNCIL MEMBERS: AYES NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x NAYS ABSTAIN ~~- RAC CLARK, CIty Clerk The foregoing If A resolution is hereby approved this February , 1997. ~1~~ TOM'MINOR, MaYor City of San Bernardino ABSENT day of Approved as to form and legal content: JAMES F. PENMAN, City Attorney . Ve~,-- 2 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27/96 re 15.02-1259 1)u.PL,/~rl. OR.I"INPJI.. 97-57 COMMON USE AGREEMENT (Orange Show Road Extension) THIS COMMON USE AGREEMENT is made and entered into this 15th OF SAN day of 1997, by and between the CITY January BERNARDINO, a municipal corporation of the State of California, ("SAN BER- NARDINO"), and the CITY OF RIVERSIDE, a municipal corporation of the State of California ("RIVERSIDE") with the reference to the following facts: A. SAN BERNARDINO desires to construct, operate and maintain Orange Show Road, a public street between the Santa Ana River and Tippecanoe Avenue at San Bernardino Avenue. B. RIVERSIDE owns certain lands within the City of San Bernardino in which the Gage Canal is located and operated. By way of the Gage Canal, RIVERSIDE transmits potable water for domestic consumption for the residents of the City of Riverside and others within its service area. The Gage Canal is operated on behalf of RIVERSIDE by The Gage Canal Company, a California corporation, by that certain Agreement for Operation of Gage Canal Facili- ties, dated June 9, 1965, as said Agreement has been amended from time to time. C. Said lands owned by RIVERSIDE, and in which the Gage Canal is located, include a portion of the area in which SAN BERNARDINO desires to extend Orange Show Road. D. SAN BERNARDINO desires to construct, operate, and maintain said Orange Show Road and appurtenances within said lands owned by RIVERSIDE ("AREA OF COMMON USE") as shown on the plat marked as Exhibit "A", attached hereto and incorporated herein by this reference, and as described in Exhib- it "B", attached hereto and incorporated herein by this reference. E. RIVERSIDE desires to preserve, maintain, construct and operate the Gage Canal and its appurtenances within and across said AREA OF COMMON -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27/96 re 15.02-1259 COMMON USE AGREEMENT: CITY OF SAN BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL 97-57 USE: NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Subject to the terms and conditions hereinafter set forth, RIVERSIDE hereby consents to the construction, maintenance and operation of Orange Show Road and appurtenances thereto by SAN BERNARDINO, at no expense to RIVERSIDE within the AREA OF COMMON USE, and allows SAN BERNARDINO and the traveling public to occupy and use said AREA OF COMMON USE for public street and highway purposes. In addition, RIVERSIDE hereby grants permission to SAN BERNARDINO to enter upon the adjacent property of RIVERSIDE as shown as the cross- hatched area on the attached plat marked as Exhibit "A", solely for the purposes related to the construction, reconstruction, or maintenance of Orange Show Road in the AREA OF COMMON USE, and for no other purpose. The permission herein granted is for the use of the surface of the lands shown as the cross-hatched areas on Exhibit "A", and no excavations or other penetrations of the surface shall be allowed due to the existence of buried water and gas lines in said areas. 2. Prior to the commencement of any construction or reconstruc- tion in the AREA OF COMMON USE by SAN BERNARDINO, its officers, employees, agents, contractors or assigns, SAN BERNARDINO shall first submit detailed plans of such construction or reconstruction to RIVERSIDE and obtain the written approval therefor from the Public Utilities Director of RIVERSIDE or the authorized representative of such Director, and from The Gage Canal Company. Said approval by RIVERSIDE shall not be unreasonably withheld if, in the opinion of the Public Utilities Director or the authorized represen- tative of the Director, the proposal does not interfere or conflict with RIVERSIDE's interests or the purpose of this Agreement. RIVERSIDE shall review the plans as soon as possible following submission by SAN BERNARDINO, -2- : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27/96 re 15.02-1259 .COMMON USE AGREEMENT: CITY OF SAN BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL 97-57 and approve or disapprove of the plans no later than thirty (30) days after receipt of such plans. All construction or reconstruction in the AREA OF COMMON USE shall be in accordance with plans approved by RIVERSIDE; provided, however, not- withstanding any such approval, SAN BERNARDINO shall remain fully responsi- ble for the design, construction or reconstruction of Orange Show Road and all appurtenances thereto, including complete liability for defects in such design, construction, or reconstruction, as RIVERSIDE's review of the plans is only to ensure that RIVERSIDE's interests and facilities are adequately protected. Prior to the commencement of any construction within the AREA OF COMMON USE, SAN BERNARDINO shall not ify RIVERSIDE and The Gage Canal Company at least three (3) working days in advance of the date of commencement of such construction. 3. SAN BERNARDINO, its successors and assigns shall assume full responsibility and liability for the design, construction, operation and maintenance of the roadway facilities, including all roadway culverts, pipes, box culverts, approaches, sidewalks and other appurtenant works. SAN BERNARDINO, its successors and assigns shall also assume full responsibility and liability for the breakage, caused by its actions or those of its suc- cessors or assigns, of any water lines or gas lines owned, operated, or used by RIVERSIDE, located within said AREA OF COMMON USE during any period of construction, reconstruction, repair or maintenance. 4. SAN BERNARDINO acknowledges RIVERSIDE'S right to AREA OF COMMON USE and the priority of RIVERSIDE'S right within AREA OF COMMON USE. Following the construction of the Orange Show Road extension in the AREA OF COMMON USE, except in emergencies, SAN BERNARDINO shall give reasonable notice and obtain written approval from RIVERSIDE before performing any work -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27/96 re 15.02-1259 COMMON USE AGREEMENT: CITY OF SAN BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL 97-57 on SAN BERNARDINO facilities in said AREA OF COMMON USE. 5. During construction, reconstruction, repair, or maintenance of SAN BERNARDINO's facilities in the AREA OF COMMON USE, the Gage Canal shall remain in an open and operating condition at all times, and SAN BERNARDINO shall not cause any interruption in the transmission of water in said Gage Canal. 6. SAN BERNARDINO shall indemnify and hold harmless RIVERSIDE, The Gage Canal Company, and their officers, employees, contractors, and agents against any and all claims or actions arising from SAN BERNARDINO'S negligent acts, errors or omissions in performing services pursuant to this Agreement, and for any costs or expenses incurred by RIVERSIDE, The Gage Canal Company, and their officers, employees on account of any claim there- for, excepting therefrom the sole negligence or willful misconduct of RIVER- SIDE and The Gage Canal Company. 7. RIVERSIDE hereby acknowledges that SAN BERNARDINO is self- insured as to various insurance coverages. In the event SAN BERNARDINO does become insured and is no longer self-insured, RIVERSIDE shall be named as an additional insured with respect to the operation, use, and maintenance of the Orange Show Road in the AREA OF COMMON USE. During the period of. actual construction or reconstruction in the AREA OF COMMON USE, SAN BERNARDINO shall cause its contractor to obtain and keep in effect, a policy of public liability insurance in an amount not less than One Million Dollars ($1,000,000.00) combined single limit for personal injury and property damage, placed with a company authorized to do business in the State of California. Such policies shall include an endorsement naming RIVERSIDE and The Gage Canal Company as additional insureds for the operations of the named insured. Policies or certificates or insurance showing strict compliance -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27 /96 re\ .COMMO^, USE AGREEMENT: CITY OF SAN BERNARDINO/CITY OF rUVERSIDE: GAGE CWAL 97-57 with all of the requirements of this paragraph shall be furnished to RIVERSIDE, and each such policy shall further provide that RIVERSIDE shllll be given thirty (30) days' written notice prior to cancellation or reduction in coverage. 8. RIVERSIDE shall indemnify and hold harmless SAN BERNARDINO, its officers, employees, contractors, and agents from and against any and all claims, demands, loss or liability of any kind or nature which SAN BERNARDINO or their officers, agents, or employees may sustain or incur or which may be imposed upon them, for property damage or injury to or death of any persons caused by RIVERSIDE'S negligent use of the AREA Of CO~~N USE, excepting therefrom any damage or injury arising out of the maintenance, operation, construction, reconstruction, or repair of Orange Show Road in said AREA OF COMMON USE by SAN BERNARDINO or the use by others of said Orange Show Road in said AREA OF COMMON USE. 9. RIVERSIDE has and reserves the right to use i\REA Of COMMON USE In any manner not in conflict with SAN BERNARDINO'S needs for the proposed public roadway improvement without necessity for any further permit or permission from SAN BERNARDINO. RI\~RSIDE shall, except in emergcncies, give notice, at least three (3) working days in advance, to SAN BERNARDINO before performing any work which may affect SAN BERNARDINO'S facilities in said AREA Of COMMON USE. 10. SAN BERNARDINO shall reimburse RIVERSIDE for all reasonable costs or expenses incurred by RI\~RSIDE for the repair of RIVERSIDE's facil- ities directly necessitated or caused by SAN BERNARDINO's construction, reconstruction, maintenance, or use of the AREA Of COMMON USE. 11. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. 12. THIS COMMON USE AGREEMENT shall be effective as of January I, 1997. -5- .. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/27/96 re 15.02-1259 COMMON USE AGREEMENT: CITY OF SAN BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL 97-57 1 IN WITNESS WHEREOF, the parties hereto have caused this COMMON USE 2 AGREEMENT to be executed by their duly authorized officers the day and year 3 first above written. CITY OF SAN BERNARDINO, a municipal corporation ~71aP1 TOM MiNOR, Mayor '- CITY OF RIVERSIDE, a municipal corporation ~,n) E. .t-Je.piWlnl.-/ CI ty Manager ATTEST: ATTEST: ~~ RA CLARK, CIty Clerk 1Afi!~" Cleek Approved as to form and legal content: JAMES F. PENMAN City Attorney Approved as to Form: ~ .;te~ ::;2 .........~~ .// //.. / I" c ~k :::z, V' Assistant City Attorney -6- TRUE POINT OF BEGINNING MAP NO. 5-48J 5 8 / 93, 9 L} 97-57 / / / .41,_ "'.~ "":...,J .. :"fC ""- ry:<:J . ,''q'' <7>:0: _.... "':: ... 4J. : ": : !!!:- , .-..J ... a,/~ : "":CJ : . ,''''f' .. ~:~ : :;,:: , , UJ , '" - .... -' . "" ..... - o 0 , "" o a: ~- -- -- ~-- __ A.P~N. 281-041-14 : S89' 52' I I' E : 238.3' -' Centerline of proposed OronQe Show Rood ? ~ ,\ r:Jr';r"1 J r\I\ u.c:..~ P JIll r) .,I'l).J!:J..J N" SCflJ...~ OJ CURVE DATA [II CURVE DA T A R . 1,546.00' R . ',454.00' D.. 15'00'44' D. . 16'31'33' L . 405. I' L . 419.4' T . 203.7' T . 211.2' Chord bears Chord bears N. 78' OS' 47' W. S. 81' 36' 28' E. 403.9' 417.9' I I ~ ~ ~ & ........ I-t- 1/ " II . I , I , ill :!) Z w ~ I ...- " At<.EA OF CoMMoN USe:: INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' CITY OF SAN BERNARDINO t-OMfiON USt: /1G-I'2-&E.Hc;AJT FILE NO: 15.02-1259 - 65/66 LOCATION: WEST OF TIPPECh'DE AVENUE, OOR1H OF SAN BERNARDn.;o AVEl-<1lE, PORTION OF EXrENDED ORAl.\Q: SHCM ROAD CTIY OF RIVERSIDE (GAGE CANAL) /CTIY OF SAN BERNARDllD 281-041-14 & 281-041-15 GRANTOR: A.P.N.: EXHIBIT "A" , . . 97-57 That port ion of a parce I of land shown as "TIJE GAGE CANAL COMPANY" (CITY OF RIVER- SIDE) by Parcel Map No. 4781, in the City of San Bernardino, County of San Bernar- dino, State of California, as per plat thereof recorded in Book 48 of Parcel Maps, Pages 87 through 89, inclusive, in the office of the County Recorder of said Coun- ty, and being a portion of that certain parcel of land conveyed to the City of Riverside, a municipal corporation, by a Deed recorded April 12, 1966, in Book 6606, Page 521, Official Records, being more particularly described as follows; Commencing at the Northwest corner of Parcel 3, Parcel Map No. 5481, as per plat thereof recorded in Book 58 of Parcel Maps, Pages 93 and 94, in the office of the County Recorder of said County; thence North 730 48' 31" East (recorded as North 730 16' 17" East), a distance of 72.53 feet along the Northerly line of said Parcel 3 to a point on a reverse non-tangent curve, concave to the North, having a radius of 1546.00 feet, a radial from said point bears North 040 23' 51" East, said point also being the True Point of Beginning; thence Northwesterly along said curve through a central angle of ISO 00' 44", a distance of 405.1 feet, to a point on the Southerly line of Parcel 7 of said Parcel Map No. 4781; thence North 540 12' 31" East (recorded North 530 40' 17" East), a distance of 104.9 feet along said Southerly line; thence North 720 20' 27" East (recorded North no 48' 13" East), a distance of 12.6 feet, to a point on a non-tangent curve, concave to the North, having a radius of 1454.00 feet, a radial from said point bears North 160 39' 19" East; thence Southeasterly, along the arc of said curve, a distance of 419.4 feet, through a central angle of 160 31' 33"; thence South 890 52' 11" East, a distance of 238.3 feet to a point on the Northerly line of Parcel 4 of said Parcel Map No. 5481; thence South 640 44' 31" West (recorded South 640 12' 17" West), a distance of 10.5 feet along said Northerly line; thence South 720 55' 31" West (recorded South 720 23' 17" West), a distance of 102.00 feet along said Northerly line; thence South 81025' 31" West (recorded South 80053' 17" West), a distance of 100.00 feet along said Northerly line to the Northeast corner of said Parcel 3; thence South 760 26' 31" West (recorded South 750 54' 17" West), a distance of 111.00 feet along the Northerly line of said Parcel 3; thence South 730 48' 31" West (recorded South 730 16' 17" West), a distance of 41.47 feet, more or less, along said Northerly line to the True Point of Beginning. DIUJCft:JPTlON AP'P'ROVAL: .;;..,/ . -iLq ,'1!z- (Ii v~ ~ ~---- SURVEYOR, CITY O~ I'?IVF"Rc;'IO~ EXHIBIT "B"