HomeMy WebLinkAbout2005-062
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RESOLUTION NO. 2005-62
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.1 TO COMMON USE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE BNSF RAILWAY COMPANY FOR A SIGNAL
HOUSE IN BASE LINE STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
execute on behalf of said City, Amendment No.1 To Common Use Agreement between the
City of San Bernardino and the BNSF Railway Company for a Signal House in Base Line
Street west of the 1-215 Freeway. A copy of said Amendment NO.1 to the Common Use
Agreement is attached hereto and made a part hereof.
SECTION 2. The authorization to execute the above referenced Amendment No.1 to the
Common Use Agreement is rescinded if the parties to the Agreement fail to execute it within
sixty (60) days of the passage of this resolution.
III
III
. .
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO
COMMON USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
2 AND THE BNSF RAILWAY COMPANY FOR A SIGNAL HOUSE IN BASE LINE
3 STREET.
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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 21st
March
day of
, 2005, by the following vote, to-wit:
COUNCIL MEMBERS
ABSTAIN
AYES
NAYS
ABSENT
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
DERRY
x
14 KELLEY
x
15 JOHNSON
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x
MC CAMMACK
x
~rk~~
20 The foregoing resolution is hereby approved this ,9,!jU day of March ,2005.
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/
Approved as to form
And legal content:
ith Valles, Mayor
ty of San Bernardino
James F. Penman
City Attorney
.~
--
2005-62
ORIGINAL
AMENDMENT NO.1 TO COMMON USE AGREEMENT
~ THIS AMENDMENT NO.1 TO COMMON USE AGREEMENT is entered into this
~ day of Apt'; I , 2005, between the CITY OF SAN BERNARDINO hereinafter called
the "CITY" and BNSF RAILWAY COMPANY, successor by merger with The Atchison,
Topeka and Santa Fe Railway Company, hereinafter called "BNSF".
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No.
94-293, approving a Common Use Agreement (attached as Exhibit B) with Atchison, Topeka
and Santa Fe Railway Company ("ATSF") for construction, operation and maintenance, at no
cost to the CITY, of signal houses within street right-of-way beneath the Base Line Street
Overpass, and,
B. WHEREAS, BNSF, the successor by merger with ATSF, has requested an
amendment to said Common Use Agreement to extend the common use area by a distance of 15
feet southerly, increasing the common use area by 315 square feet to provide a total common use
area of 1,323 square feet; and,
C. WHEREAS, BNSF needs the additional common use area for the installation,
operation and maintenance of a new signal house which will replace an existing signal house;
and
D. WHEREAS, BNSF's plans for the construction of the new signal house will
accommodate the widening of the 1-215 Freeway which is currently being planned by the
California Department of Transportation; and
E. WHEREAS, BNSF will construct, operate and maintain the new signal house at
no cost to the CITY.
NOW THEREFORE, the parties hereto agree as follows:
1. The legal description of the "AREA OF COMMON USE" as described in the Common Use
Agreement is hereby increased and amended to read as indicated in the revised legal
description marked Exhibit "A", attached hereto and made a part hereof.
2. All other terms and conditions of said Common Use Agreement approved by Resolution No.
94-293 shall remain unchanged.
Amendment No. I to Common Use Agreement - BNSF Railway Company
Page 2 012
IN WITNESS WHEREOF, the CITY OF SAN BERNARDINO and BNSF RAILWAY
COMPANY have caused this Amendment No.1 to Common Use Agreement to be executed
and attested by its duly qualified and authorized officials.
BNSF
RAILWAY COMPANY
CITY OF SAN BERNARDINO
//'
by:~ [~
Robert E, Brendza
Director, Facility Development
~c~
Judith Valles
Mayor
WITNESSED:
APPROVED AS TO FORM & LEGAL
CONTENT:
City of San Bernardino
City Attorney
by:
,ames F. Penman
.City Attorney
ATTEST:
~A:1. ~
Rac I Clark, City Clerk
c.
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Exhibit "A"
LEGAL DESCRIPTION FOR AREA OF COMMON USE BETWEEN THE CITY
OF SAN BERNARDINO AND THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY (BNSF), GENERALLY LOCATED WITHIN BASE LINE
STREET RIGHT-OF-WAY, WEST OF THE 1-215 FREEWAY.
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of San Bernardino, State of California, described as follows:
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That portion of Base Line Street right-of-way, in the City of San Bernardino, County
Commencing at the centerline intersection of Base Line 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 Base Line 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 63.00 feet; thence West, parallel with the centerline of said Base Line Street, a
distance of 21.00 feet; thence North, parallel with the centerline of said "I" Street, a distance
of 63.00 feet to the centerline of said Base Line Street; thence East, along the centerline of
Base Line Street, a distance of 21.00 feet to the True Point of Beginning.
The area of the above described property is 1,323.00 square feet, more or less.
Jul-13-1004 01 ,I'om Frcm-6URLI~GTON NORTHERN
---.. .--- .-.'~ ~ .
81T3513711
T-650 '0011008 Hil
EXHIBIT "B"
~~-,9r .-.-. .----. ..-.
/ 9f7 ~ ~
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,,c,' Ie..
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THIS
:I ()c:htu"
.
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15 the overpass; and
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COMI\ON USE AGllmlEIlT
(I f::h. day
of
AGRIE/lENT.
190,+ .
made
and entered into this
by and beheen the Cln OF SAN llERIlARDINO, a
hunicipal Corporatfon of the State of California, hereinafter referred to as
"CITY" . and The ATCHISON. TOPEKA AND SANTA FE RAILW.~Y COMPANY, hereinafter
referred to as "RAILWAY COMPANY".
V I T N E S S R T B
WHERIAS. CITY has a right of way easement generally located on Baseline
S~ree~. West of ~he I-215 Freeway; and
WHEREAS said right-of-~ay easemen~ currently encompasses an over pass
~nd tha~ area benea~h l:he overpass; ~nd
WHEREAS. RAILWAY COMPANY desires ~o construct, opera~e and maintain. at
no cost to the CITY. signal houses within said right of way easement beneath
lIJIERIAS.
RAILWAY COMPANY and Cln will
mutually benefit by the
commonwealth ot p~blic transportation.
WHEREAS.
CITY is willing to allow
t.o c:onst.ruct,
RAILWAY eOhPA,y
opera'te and mainl:a.in saia signal houses in saia l'J.'J.'!' s righ1:-or-way easement.
but only within the A.'lEA OF CO:1MOl! USE AS desc~ib.d in ExhibiT. ".~". attacl1ed
hereto and made d part hereof,
provided ~hat the integrity and functional
capacity of the facilities of the CITY's right-of-way easement
impaired thereby; and
is not.
in consideration of the prOMises 4nd mutual
benefi ts
NOW THERIFORJ:.
~erived. it is Cllutually agreed by clod between the parties here'to as follo1Ms:
A. eln AGREES:
1. To allow RAILWAY COhPA~Y 'to const.ruc~, maint~in and operot.e
Q signal house or sigrlal houses and aplJurtenan.ces then:to, within tl~i: A.REA
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JUL 13 2004 12:24
8173523711
PAGE. 02
Jul-13-Z0D4 01 ,ZI,m From-BURLINGTON NORTHERN
B17351l71I
T-m P003/00B HBI
EXHIBIT "B"
1 OF COMMON USE and to allow RAILWAY COMPANY to occupy and use the AREA OF
2 COMMON USE tor said signal house purposes.
S 2. To consider any future requests by R~ILWAY COMPANY to expand
4 the use of the AREA OF COMMON USE, however, such request shall not be
5 approved if in~h~' opinion of the City Engineer, the request ~ill conflict
6 with or interfere with the CITY'S facilities.
7 J. To process the necessary permits r~ired 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 COMP.~Y at least thirty days in
12 advance, plans fOr any proposed construction or alterations ~ithin the AREA
13 OF COMMON USE which may effect RAILWAY COMPANY tacilities Or their
14 functional operation.
15 11. RALLWAY COIlPANY 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 tne ARiA or COMMON USE in Common with R\ILWAY COMPANY
20 without need fOr an~ further permit or permission from RAILWAY COMPANY.
2J 2. That prior to cons~~ction 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 COMMO~ USE. ApplicQtiDn for said permission shall be in writing
26 dCcompanied by tour sets of construction plo.ns cSfid specificdtions.
27 3. To indemnify and hold narmless the CITY and their officers,
28 agents, volunteers and employees from and against dny and dll claims,
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JUL 13 2004 12:25
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Jul-13-Z004 OI,ZZom From-BURLINGTON NORTHERN
T-65O P 004/008 H8Z
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JUL 13 2004 12:26
8113513711
EXHIBIT "B"
--------.-... -.--
.-."."---.-'0"" .~.
94- 293
1 demdnds, lass or liability at any kind or nature which the CITY and/or their
2 officers, agents. volunteers or e~ployees may sustain Qr incur or which ~y
11 be imposed upon them far property damage and injury to or death at any
4 persons caused by the RAILWAY COMPANY'S Use of the AREA OF COMMON USE.
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4. RAiiWAY COMPANY. states ~t it is legally self insured for
6 any and all liability and tar any claims at personal injury, death or
property damage arising from tbe use of said AREA OF COMMON USE and shall
provide a Certificate of Self Insurance to CITY.
THIS AGREEMENT sball 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, i~ shall au~omatically terminate 99 years fro~ the date of this
agreement, unless extended in writing by both P4rties.
THE ATCHISON, TOPEKA AlIJl
SANTA FE RAILWAY COMPANY
CITY OF SAN BERNARDINO,
a MuniCipal Corporation
bY:~
AS8t.D reC or~AssetUana&emen~
AtteSt:~;_.....
bY:~1-1 ~~
T M OR, l1ayar
Attest~' J, I). ~
Approved as to farm and legal content:
JAMES F. PENMAN,
Ci'ty A't'torney
b~_~"
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. C".
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j,[-'H004 01 ;llpm From-BURLINGTON NORTHERN
T-650 P005/001 F-m
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1173511711
----EXHIBIT lOB"
LEGAl DESCRIPTION FOR AREA OF COHHON USE BEMrN 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 Stree. righ.-of-way, in .he City of San
Bernardino, Coun.y of San Bernardino, S.a.e of California, described as
'fc..110,",S:
COllllllencing a'!: 'the cen'!:erline intersec'!:ion of Baseline Street and "I"
Street as sh~wn on the Map of Leonard Acres, recorded in Book 21 of Haps,
page 69, records of said County; thence West, along the cen'terline of said
Baseline S'!:ree't, a distance of ~1.25 fee't 1:0 1:he True Point of Beginning;
t:bence South parallel with t:be cen1:erline of said "I" Street, .. disunce of
~B.OO feet; thence Wes'!:, parallel with the centerline of said Baseline
Street, a distance of 21.00 fee't; thence North, parallel with the centerline
of said "1" Street, a distance of ~B.OO feet to the centerline of said
B4seline Street; thence East, along the centerline of said a4seline Street,
a dis'tonce of 21.00 feet 'to 'the True Poin't of Beginning.
The area of the above described property is l,OOB.OO square fee't, more or
less.
EXHIBIT "A'
JUL 13 2004 12;26
8173523711
PAGE,05