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HomeMy WebLinkAbout1994-293 , , 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 RESOLUTION NO. 94-293 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMON USE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, LOCATED WITHIN CITY RIGHT OF WAY BENEATH THE BASELINE STREET OVERPASS, WEST OF THE 1-215 FREEWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Common Use Agreement with the Atchison Topeka and Santa Fe Railway Company within the City's right of way located beneath the Baseline Street overpass, West of the 1-215 Freeway, a copy of which is attached hereto and incorporated by reference herein, as fully as though set forth in length, marked Exhibit flA'l. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within 60 (sixty) days of the passage of this resolution. / / / / / / / / / / I / / I / I / / / I / I / / / I / I / / / I / / / / / / / 09-13-94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTIO~ DIRECTING THE EXECUTION OF COMMON USE AGREEMENT WITH ATCHISQIoi TOPEKA MD SANTA FE RAILWAY COMPANY FOR A PORTION OF BASELINE STREET, 'WEST OF THE I -215 FREEWAY. 94-293 I HEREBY CERTIFY that the foregoing r'eso 1 uti on was duly adopted by tbe Mayor and Common Council of the City of San Bernardino "t a ~egular meeting thereof held on the 19th d"y of Septernb~~_ , 19~, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT -- NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x Ci~~ The foregoing September resolution is , 19 94 hereby approved this 22nd day of /B~~/~ TOM MINOR, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, c~ By: .a. ....1"4 " 94-293 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 COMMON USE AGREEMENT THIS AGREEMENT, made and entered into this /7 tI-- day of ((} 10" b., ' , 19 cr 4, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California, hereinafter referred to as "CITY" , and The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, hereinafter referred to as "RAILWAY COMPANY". WIT N E SSE T H WHEREAS, CITY has a right of way easement generally located on Baseline Street, West of the 1-215 Freeway; and WHEREAS said right-of-way easement currently encompasses an over pass and that area beneath the overpass; and WHEREAS, RAILWAY COMPANY desires to construct, operate and maintain, at no cost to the CITY, signal houses within said right of way easement beneath the overpass; and WHEREAS, RAILWAY COMPANY and CITY will mutually benefit by the commonwealth of public transportation. WHEREAS, CITY is willing to allow RAILWAY COMPANY to construct, operate and maintain said signal houses in said CITY's right-of-way easement but only within the AREA OF COMMON USE as described in Exhibit "A", attached hereto and made a part hereof, provided that the integrity and functional capacity of the facilities of the CITY's right-of-way easement is not impaired thereby; and NOW THEREFORE, in consideration of the promises and mutual benefits derived, it is mutually agreed by and between the parties hereto as follows: A. CITY AGREES: 1. To allow RAILWAY COMPANY to construct, maintain and operate a signal house or signal houses and appurtenances thereto, within the AREA -1- 94 293 1 OF COMMON USE and to allow RAILWAY COMPANY to occupy and use the AREA OF 2 COMMON USE for said signal house purposes. 3 2. To consider any future requests by RAILWAY COMPANY to expand 4 the use of the AREA OF COMMON USE, however, such request shall not be 5 approved if in the opinion of the City Engineer, the request will conflict 6 with or interfere with the CITY'S facilities. 7 3. To process the necessary permits required for construction 8 of the signal house(s) and any appurtenances thereto, upon proper 9 application and payment of any fees by RAILWAY COMPANY to CITY subject to 10 the provisions and conditions of this Agreement. 11 4. To submit to RAILWAY COMPANY at least thirty days in 12 advance, plans for any proposed construction or alterations within the AREA 13 OF COMMON USE which may effect RAILWAY COMPANY facilities or their 14 functional operation. 15 B. RAILWAY COMPANY AGREES: 16 1. To acknowledge CITY'S right-of-way easement and facilities 17 in the AREA OF COMMON USE and the priority of CITY'S rights over RAILWAY 18 COMPANY therein and further acknowledges the right of CITY, its successors 19 or assigns, to use the AREA of COMMON USE in common with RAILWAY COMPANY 20 without need for any further permit or permission from RAILWAY COMPANY. 21 2. That prior to construction or reconstruction of signal house 22 facility or facilities to apply for and obtain all necessary permits and 23 submit all plans incorporating details pertaining to RAILWAY COMPANY or 24 RAILWAY COMPANY'S agent's performance of construction activities within the 25 AREA OF COMMON USE. Application for said permission shall be in writing 26 accompanied by four sets of construction plans and specifications. 27 3. To indemnify and hold harmless the CITY and their officers, 28 agents. volunteers and employees from and against any and all claims, -2- L_ ..... f ' 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 94-293 demands, loss or liability of any kind or nature which the CITY and/or their officers, agents, volunteers or employees may sustain or incur or which may be imposed upon them for property damage and injury to or death of any persons caused by the RAILWAY COMPANY'S use of the AREA OF COMMON USE. 4. RAILWAY COMPANY, states that it is legally self insured for any and all liability and for any claims of personal injury, death or property damage arising from the use of said AREA OF COMMON USE and shall provide a Certificate of Self Insurance to CITY. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. THIS AGREEMENT may be terminated by written consent of both parties, however, it shall automatically terminate 99 years from the date of this agreement, unless extended in writing by both parties. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY CITY OF SAN BERNARDINO, a Municipal Corporation bY:~~ L~'r'+ ::1,:; \...--:.......,.,e.__." "', ..,...~,i..) ..... ~... .,. ~ '" __' '"",. _'~. ~ by: / cC'fl!l' T6M MINOR, I; , '/[/""rL- Mayor Attest~~~ ASSISTANT RETARY Attest~f.,~ Approved as to form and legal content: JAMES F. PENMAN, City Attorney b~fJ -3- f .. ~'94 :13 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 LEGAL DESCRIPTION FOR AREA OF COMMON USE BETWEEN THE CITY OF SAN BERNARDINO AND THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, GENERALLY LOCATED WITHIN BASELINE STREET RIGHT-OF-WAY, WEST OF THE 1-215 FREEWAY. That portion of Baseline Street right-of-way, in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Commencing at the centerline intersection of Baseline Street and "I" Street as shown on the Map of Leonard Acres, recorded in Book 21 of Maps, page 69, records of said County: thence West, along the centerline of said Baseline Street, a distance of 41.25 feet to the True Point of Beginning; thence South parallel with the centerline of said "I" Street, a distance of 48.00 feet; thence West, parallel with the centerline of said Baseline Street, a distance of 21.00 feet; thence North, parallel with the centerline of said "1" Street, a distance of 48.00 feet to the centerline of said Baseline Street; thence East, along the centerline of said Baseline Street, a distance of 21.00 feet to the True Point of Beginning. The area of the above described property is 1,008.00 square feet, more or less. EXHIBIT "A"