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1 RESOLUTION NO. 87-137
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
RATIFYING THE EXECUTION OF A JOINT USE AGREEMENT WITH
3 CALIFORNIA EDISON COMPANY RELATING TO THE RELOCATION OF POWER
LINES ON THE NORTHERLY/WESTERLY SIDE OF ORANGE SHOW ROAD,
4 WESTERLY OF THE I-215 FREEWAY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. On July 21, 1986, the Council adopted a motion
8 approving the relocation of the power lines on the northerly/
9 westerly side of Orange Show Road, westerly of the I-215
10 Freeway, subject to final approval of plans by the Director
11 of Public Works/City Engineer; and further that the Mayor
12 be authorized to execute a joint use agreement with Southern
13 California Edison for said purpose, in the form approved by
14 the City Attorney.
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SECTION 2.
The execution by the Mayor of the City of
San Bernardino on behalf of said City of a Joint Use Agreement
with California Edison Company relating to the relocation of
power lines on the northerly/westerly side of Orange Show Road,
westerly of the I-215 Freeway, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length, is hereby
approved and ratified.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a n adjourned regular
meeting thereof, held on
the 11th
May
, 1987, by the following vote,
day of
to wit:
. . . .
. . . . .
4/23/87
'.ft,~~"",,~:,;;'J,.,~~.JIl_,~~';.T'i:
.
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AYES:
Council Members Estrada, Flores. Maudsley.
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Reilly
7
~~~~
~ City Clerk
The foregoing resolution is hereby approved this /.3~ day
8 of
May
, 1987.
9
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11 Approved as to form:
:: ~~~~
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4/23/87
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RECORDING REQUESTED BY
-,I:'I Southern California Edison Company
WHEN RECORDED MAIL TO
-,1:'.1 Southern California Edison Company
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
DDCUMENTARY TRANSfER TAX $
COMPUTED ON FULL VAlUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SO. CAliF. EDISON CD.
SIG"'ATU". 0,.. OKC:I..A"ANT 0" AG.NT OETEJlMINING TAX. ....."', NAM.
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this L.-s-Aool'day
of ~ '"-<./, 19f1, by and between SOUTHERN CALIFORN~ISON
COM A , a corporation, hereinafter called "Company", and the
CITY OF SAN BERNARDINO, a municipal corporation of the State of
California, hereinafter called "City",
~ I 1: N ~ ~ ~ ~ 1: !!:
THAT WHEREAS Company is the owner in possession of
certain rights of way and easement(s) for electrical facilities
by virtue of the fOllowing easement rights:
That certain grant of easement to Southern California
Edison Company, a corporation, recorded December 4, 1925 in Book
43, page 209 of Official Records, in the office of the County
Recorder of the County of San Bernardino, State of California,
hereinafter referred to as "Company's Easement"; and,
WHEREAS City has acquired easement rights for street
and highway purposes for the construction and/or improvement of
Orange Show Road 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
loca ted on sa id highway right of way wi 11 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
the mutual covenants herein contained,
hereby agree as follows:
of the
Company
premises
and City
and
do
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".
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
r
," .
Joint Use Agreement
S.C.E.Co., a cor., and the
City of San Bernardino,
a municipal corp. of the
State of California
Serial No. 5B506A
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 wi th 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
wi th such notice, Company wi 11 provide Ci ty wi th 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 ci ty wi 11 (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 either City or
Company in such a manner as to cause an unreasonable
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'.
"
Joint Use Agreement
S.C.E.Co., a corp., and the
City of San Bernardino,
a municipal corp. of the
State of California
Serial No. SBS06A
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 facil i ties, to the extent necessary to prevent any
such interference or danger.
This agreement shall
binding upon the Company and
successors and assigns.
inure to
the City
the benef it of and be
and their respective
IN WITNESS WHEREOF, the parties
this agreement to be executed in duplicate
officers thereunto duly authorized, as of
herein first above written.
hereto have caused
by their respective
the day and year
SOUTHERN CALIFORNIA EDISON COMPANY
By
R.~~
Manager of
Real Properties Department
By
Nol()o j; 1/ L 'flU WI '-
Attest:~/~~~
~ 4f(Al/f- r;LJIY!: i:", c/ r-y CL~-f
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF LOS ANGELES
On this A'0~day of ~A"// , 19,?7, before me, a
Notary PUblic in and for sai State, personally appeared R. J.
JUliff, personally known to me (81: pro.cd ~u IU" un tae haeie sf
Q~tiefaeter} 6.ideaee) to be Manager of the Real Properties
Department of Southern California Edison Company, the
corporation that executed the within instrument, personally
known to me (.eE pray-ad to Il~ vu Ll&e baaiD of satiD[a~t6.ry
9vi~Qn~e? 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.
~ OFFICIAL SEAL
LILY D. PLUNKETT
:t . Notor'y Public - California
, PRINCIPAL OFFICE IN
. ,,~.~ LOS ANGELES COUNTY
MY COMMISSION EXPIRES JUNE 5, 1989
&2P~"d. ~~r
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of _~__~._'" ______
,
Joint Use Agreement
S.C.E.Co., a corp., and the
City of San Bernardino,
a municpal corp. of the
State of California
Serial No. 58506A
STATE OF CALIFORNIA )
c--- ~ )
COUNTY OF -.;::-)f\" ~~c:.Rt:.~O)
ss.
On this 2~ day of ~~\L , 19j1L, before
me, a Notary Public in and for said State, personally
appeared E.\JL'iN WILc..oJL , personally known
to me (or proved to me on the basis of satisfactory evidence) to
'-- (\. -.
be the Ml\\jOR. ,and ';:::'"\\v\J~ '--U-'..U-\L.
personally known to me (or proved to me on the basis
satisfactory evidence) to be the '2...""~ LLEI'l.\<.
the City of San Bernardino, the municipal corporation
executed the within instrument, and acknowledged to me that
executed the same on behalf of such municipal corporation.
of
of
that
they
WITNESS mJ[ hanQL~nd official
,----<-. -'. :.) ....::i:;;;~-'
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seal.
.,
';)FFICIAL SEAL
SHERRY RYAN PUTNAM
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. ey_pires AUG 9, 1983 \
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