HomeMy WebLinkAbout1991-029
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RESOLUTION NO.
91-29
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY, A CORPORATION, RELATING TO RELOCATION OF POWER
POLES AT THE SOUTHEAST CORNER OF MILL STREET AND PEPPER AVENUE IN
CONNECTION WITH REVIEW OF PLANS NO. 89-40 (LINKLETTER
CONSTRUCTION, INC.).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
8 execute, on behalf of said City, a Joint Use Agreement with
9 Southern California Edison Company, a Corporation, relating to
10 relocation of power poles at the southeast corner of Mill Street
11 and Pepper Avenue in connection with Review of Plans No. 89-40, a
12 copy of which is attached hereto marked Exhibit "A," and
13 incorporated herein by reference as fully as though set forth at
14 length.
15
SECTION 2. This resolution is rescinded if the parties
16 to the Agreement fail to execute it within sixty (60) days of the
17 passage of this resolution.
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12-18-90
MWG:rs
RESO: AUTH0RIZING EXECUTION OF JOINT USE AGREEMENT WITH
SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO RELOCATION
OF POWER POLES AT MILL STREEET AND PEPPER AVENUE.
1
2 adopted
the
I HEREBY CERTIFY that the foregoing resolution was duly
by
3 Bernardino
4
Mayor and Common
adjourned
a n reqular
Ci ty of
at
23rdday of
January
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15
Council
of
the
San
meeting
thereof,
held
on
the
1991, by the following vote, to-wit:
AYES
NAYS
ABSTAIN ABSENT
X
x
x
x
x
x
x
C?~y 1~
16
The foregoing resolution is hereby approved this
~th day of January
17
18
19
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
n
23 By ~~
24 ~i
"-/
7J~
25
26
27
28
, 1991.
./
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'. ~ . .~ RECORDING REQUESTED BY
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SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
P.O. BOX 410
LONG BEACH, CA 90801
ATTN: REAL PROP. AND AMIN. SER.,
SPACE ABOVE THIS liNE FOR RECORDER'S USE
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JOINT USE AGREEMENT
. / THIS AGREEMENT, made and entered into this CJ.,J11? day
of /VtPi/6'/>?be'o"!. ,19~, by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, hereinafter called "Company", and the CITY OF
SAN BERNARDINO, a municipal corporation of the State of California,
hereinafter called "City",
~.l1:NEQQE1:H
THAT WHEREAS Company
rights of way and easement(s)
the following easement rights:
is the owner in possession of certain
for electrical facilities by virtue of
That certain Grant of Easement from Manuel O. Martinez and Ava
Charlene Martinez to California Electric Power Company, a
recorded June 6, 1956 in Book 3956, page 240 of Official
the office of the County Recorder of San Bernardino,
referred to as "Company's Easement"; and
corporation,
Records, in
hereinafter
WHEREAS City has acquired easement rights for street and
highway purposes for the construction and/or improvement of Mill
Street, in said City, County of San Bernardino, State of California,
hereinafter referred to as "highway right of way", as shown on the
print attached hereto, marked "Exhibit A" and hereby made a part
hereof which said highway right of way is subject to Company's
easement; and
WHEREAS Company's facilities as now installed and located on
said highway right 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;
NOW, THEREFORE, in consideration of the
mutual covenants herein contained, Company and City
follows:
premises and the
do hereby agree as
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
wi thin 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.
EXHIBIT "A"
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Joint Use Agreement
S.C.E.Co., a corp., to
City of San Bernardino,
a municipal corp.
Serial No. 61427A
Ci ty acknowledges Company's tit Ie 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
necessi ty 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.
Except as expressly set forth herein, this agreement shall not
in any way alter, modify 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
ei ther 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
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Joint Use Agreement
S.C.E.Co., a corp., to
city of San Bernardino,
a municipal corp.
Serial No. 61427A
which in the oplnlon 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
upon the Company and the Ci ty and
assigns.
to the benef i t of and be binding
their respective successors and
IN
agreement
thereunto
written.
WITNESS WHEREOF,
to be executed in
duly authorized, as
the parties hereto have caused this
duplicate by their respective officers
of the day and year herein first above
SOUTHERN CALIFORNIA EDISON COMPANY
By
(V~4
c. S. Brooks
Regional Manager
Land Services Division
Real Properties and
Administrative Services
Approved as to form
and legal content:
CITY OF SAN BERNARDIN - a
municipal corporat" n
James F. Penman
City Attorney
il~~
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a;:....'l~c:".. ;/
W. R. olco b, Mayor 1-25-91
Attest: (Ji(o.A:.-/uJ.- ~
Rachel Krasn~y, Cit/Clerk
)
-c:::-. ~ ~ ) ss.
COUNTY OF ~ ~i.r~';) )
On this c:(g:!' day of Lv~-t.e;.c.. , 19~,p .
before me, a Notary Public in and for said State, personally appeared
C. S. Brooks, personally known to me (or pro7ea to me OR tho basis of
:3atisfactory evidcfloo) to be a Regional Manager of the Land Services
Division of Real properties and Administrative Services of Southern
California Edison Company, the corporation that executed the within
instrument, personally known to me (or pro.ed to mo OR the ~asis gf
15aLi15facLoEY e.ideI.ce) to be the person who executed the within
instrument on behalf of the corporation herein named, and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
~ xl
OFFICIAl.. SEAL
MOAN/>. G SMITH
NOTARY PUBLIC - CALIFORNIA
lOS ANGELES COUNlY
My comm. eXDiras MAY 29. 1993
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Joint Use Agreement
S.C.E.Co., a corp., to
City of San Bernardino,
a municipal corp.
Serial No. 61427A
STATE OF CALIFORNIA
COUNTY OF
)
) ss.
)
On this
before me, a Notary
appeared
known to me
be the
personally known to me (or
evidence) to be the
the municipal corporation
acknowledged to me that
municipal corporation.
day of
Public in
for
said
State,
,19 ,
personally
personally
evidence) to
and
,
basis of satisfactory
, and
proved to me on the basis
of the City of
that executed the wi thin
they executed the same on
(or proved to me on the
,
of satisfactory
San Bernardino,
instrument, and
behalf of such
WITNESS my hand and official seal.
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EXHIBIT "A"
- AREA IN JOINT USE WITH
CITY OF SAN BERNARDINO
0 100 200
I
SCALE IN FEET
PROJECT NAME: HIGHGROVE - PEPPER 115KV T/L I J.O. 8718 I DOTS I.D.02599 I M.S. 55- 1 01
ENG. MPG. TECHNICIAN: GLEN BARNES ANALYST: ~ ",';':,"D-J CITY: SAN BERNARDINO
LAND RIGHTS EXAMINER: DON BYRD ANALYST: COUNTY: SAN BERNARDINO
SURVEY CHIEF OF PARTIES: .oJ CI Southern Califor~'i'a Edison Company
DATE: 10/11/1990 I SERIAL: 61427 A
file Name: GKB8718.DWG ,
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