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HomeMy WebLinkAboutS3-Public Works File No. 15.02-1259 #64 & 65 .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptance of a Common Use Agreement with the City of Riverside over the Gage Canal - Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue Dept: Public Works/Engineering Date: February 11, 1997 C':7/G/NAL Synopsis of Previous Council action: 07-06-92 - Authorization granted for City to assume responsibility for project management services. 04-08-93 - Resolution No. 93 - 97 adopted authorizing execution of Agree- ment with David Evans and Associates for right-of-way services. 06-03-96 - Fair Market Values for right-of-way established and authoriza- tion granted to proceed. 02-03-97 - Resolution No. 97-29 to 97-39 adopted, finding and determining that public interest and necessity require the acquisition of certain real properties. Recommended motion: ADMIN. OUICi::l 11 FEll 97 l..J ,:) ADOPT RESOLUTION cc: Fred Wilson, Acting City Administrator James F. Penman, City Attorney ~ Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Map, & Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Res 97- 57 75-0262 .1./17/97 \;3' Agenda Item No. v -. . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The proposed extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue will cross the City of Riverside's Gage Canal. A Common Use Agreement has been negotiated with the City of Riverside to authorize construction of the street improvements for the extension. The proposed Common Use Agreement provides, in general, that the City of San Bernardino will assume full responsibility and liability for the design, construction, operation and maintenance of the roadway facilities and for any breakage of the underground water conduit. Also, that the City of Riverside grants permission to the City of San Bernardino to enter upon the Gage Canal parcels for the purpose of construction, reconstruction or maintaining the Orange Show Road improvements. We recommend that the Common Use Agreement be approved. URGENCY CLAUSE Council has authorized eminent domain proceedings against the remaining unac- quired parcels necessary for the right-of-way. We need this Common Use Agreement approved at the 02-17-97 Council Meeting to avoid delay of the right-of-way certification. 02/11/97 2 75-0264 -. /'" /'" / '" II .. II - I , I , Ll.J :!) Z w :it t ~ ~ &: -.... "f+- .(q" ""- ,..,:'-1 .. :'I1I:l ~'- "':t::) . :~ ~/~ :;:: ; 41, : .: . 0),_ ... ...-/-...1 . O').~ ... ""!Q ... Co!~ . ,.~ : :;:: , . '" - ~ ...J . <l: ,.. - 00 , ... o a: o - z " Center 1 Ine of proposed Orano;le snow ROOd ~ --- --- " -- ~ __ A.P~N. 281-041-14 : 589' 52' " ' E : 238.3' ,... I~\ .. -- ..:: :: '!. . co .:' ~,~ /" ... ~ ~~ ,0 /" Nor~~ner of Porce I at .;:::r . / ~?-'v ,~ 'f.. / 1},'\ ," A"' 4&'~\ V r ,,~ ~1~ ')~' G'~ ~, 1},Cjv 1,'0' / C";) ( ~. ~. / ~. ~ 1 N~ SCfl/...(E m CURVE DATA rn CURVE DATA R . 1,546.00' R - 1,454.00' ().. 15'00'44' ().. 16'31'33' L . 405. I' L - 419.4' T-203.7' T'211.2' Cnord bears Cnord bears N.78'05'47'W. S.81'36'2S'E. 403.9' 417,9' p,\ c:Jr:C[ J r\ [\ '-' '- _ TRUE POINT OF BEGINNING MJ-\P NO" 548J 58 / 93, 9.<::} P J\II rl oJ 'Jl.JD..J .... " ARM OF CoMMON USe: I I ~ INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' CITY OF SAN BERNARDINO FILE NO: 15.02-1259 - 65/66 ~OMHON US€' ,L}Gr~E..HelJr LOCATION: VJEST OF TrPPErA'DE AVENUE, OOR1H OF SAN BERNARDTI\O AVENUE, PORTION OF ElcrENDED OR&'a 511& ROAD CI'IY OF RIVERSIDE (GAGE CANAL) IeIT'{ OF SAN BERNARDm:l 281-041-14 & 281-041-15 GRANTOR: A,P,N.: EXHIBIT "A" 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 09/2~/96 re 15.02-1259 PUF'l.,/~rE. OR'I'INI'JJ.., COMMON USE AGREEMENT (Orange Show Road Extension) THIS COMMON USE AGREEMEN"T is made and entered into this 15th " day of January 1997, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, ("SAN BER- NARDINO"). and the CITY OF RIVERSIDE, a municipal corporation of the State of Cal i fornia ("RIVERSIDE") wi th the reference to the fol lowing 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 BE&~ARDI~O 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 rev 15.02-1259 COMMON USE AGREEMENT: CITY OF SA.'I BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL USE; NOW. THEREFORE. the parties hereto mutually agree as follows: I. 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 .~ 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, S~~ 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 RIv~RSIDE's interests or the purpose of this Agreement. RIv~RSIDE shall review the plans as soon as possible following submission by S~~ 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 09/2i/96 re 15.02-1259 COMMON USE AGREEMENT: CITY OF S.".N BERNARDINO/CITY OF RIVERSIDE: GAGE CANAL and approve or disapprove of the plans no later than thirty (30) days after receipt of such plans. All construction or reconstruction in the .~ OF CO~~N eSE shall be in accordance with plans approved by RIVERSIDE; provided, however, not- withstanding any such approval, SA~ 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 notify RIVERSIDE and The Gage Canal Company at least three (3) working days in advance of the date of commencement of such construction. 3. SA~ BE&~ARDINO, 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. SA, 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 RIv~RSIDE. located within said .~~ OF CO~~N eSE during any period of construction, reconstruction. repair or maintenance. ~. SAN BE&~ARDI~O acknowledges RIVERSIDE'S right to ~~ OF CO~N uSE and the priority of RIVERSIDE'S right within AREA OF CO~~~N eSE. Following the construction of the Orange Show Road extension in the AREA OF CO~~N eSE. except in emergencies, SA~ 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 CAN.'\L on SAN BERNARDINO facilities in said AREA OF COMMON USE. 5. During construction, reconstruction, repair, or maintenance of SA~ BERNARDINO's facilities in the AREA OF COMMO~ USE. the Gage \anal shall remain in an open and operating condition at all times, and SA~ 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. ., '. RIVERSIDE hereby acknowledges that SA~ 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 .~ OF COMMON USE. During the period of. actual construction or reconstruction in the AREA OF CO~~N USE, SAN BER~ARDINO 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 (51,000,000.00) 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/T/96 re\ COMMON USE AGREEME,\j'T: CIIT OF SAN BERNARDINO/CITY OF RIVERSIDE: GAGE CA.'i.-\!. with all of the requirements of this paragraph shall be furnished to RIveRSIDE. and each such policy shall further provide that RIveRSIDE shall be given thirty (30) days' written notice prior to cancellation qr reduction in coverage. 8. RIveRSIDE shall indemnify and hold harmless SA.'! BE~'iARDINO, its officers, employees. contractors. and agents from and against any and all claims, demands, loss or liability of any kind or nature which SA.'i 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 CO~~~N USE by SAN BE~~~INO or the use by others of said Orange Show Road in said ,~~ OF COMMON USE. 9. RIveRSIDE has and reserves the right to use ~~ OF CO~~~N USE in any manner not in confl ict wi th SAN BE~'iARDINO' S needs for the proposed public roadway improvement without necessity for any further permit or permission from SA'i BER~~~INO, RIveRSIDE shall. except in emergencies, give notice, at least three (3) working days in advance, to SA'! BER'iARDINO before performing any work which may affect S.~ BER'iARDINO'S facilities in said ,~~ OF CO~~~N USE. 10. SA\ BER'i,~~RL:\~ shall reimburse RIveRSIDE for a:l reasonable costs or expenses incurred by RI'eRSIDE for the repair of RIveRSIDE's facil- ities directly necessitated or caused by SA.'i BER~~INO's construction. reconstruction. maintenance. or use of the AREA OF CO~~N USE. II. TH:S AGREE\~1 shall inure to the benefit of a~d be binding upon the successors and assigns of both parties. 12. THIS COMMON USE AGREu\~'iT shall be effective as of January 1, 1997. -5- . 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 IN WITNESS WHEREOF, the parties hereto have caused this COMMON USE AGREEMENT to be executed by their duly authorized officers the day and year first above written. " CITY OF SAN BERNARDINO, a municipal corporation CITY OF RIVERSIDE, a municipal corporation TOM MINOR, Mayor, ~'Yl) E. 'Heew,I.4./ . Ci ty Manager ATTEST: ATTEST: RACHEL CLARK, City Clerk ~ Ci ty Clerk Approved as to form and legal content: JAMES F. PENMAN City Attorney Approved as to Form: ~ /:::;;2 /' / ( - &::z.t :V .-, ./~ Assistant City Attorney -6- / / / 41. . . ..,.... "':-...J .. :"fIt ........ rv:t::) . :'q" '3>:Qf -..... ~: :' ...... ...~... . . ......- . '-1 :' ;"....~ : "'>:t::) :' ~!oq: . .....~ " ~,' . : ... CenterlIne of proposed OrcnQe Snow Road ~ !::I " ;::u.... c;" I ~ r\j\u~_ !::I II' rl J .J /; oJ !:J oJ 1.rJ: . . OJ>'- 'q":....J .. : <4 .....- 0:0 .. 0:0: 0'- z: __ i __ .:-- ~ __ A.P~N. 281-041-14 : 589' 52' I I' E : 238.3' II .. II . r o ./ o t.lJ ::!) Z w ~ t ~ .~ & ....... If.. TRUE POINT OF BEGINNING NJ,:\P NO. 548 J .:::> 8 / C) 3 , C) L} I I ~ ...- " AREA OF CeMMell US<=: INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' CITY OF SAN BERNARDINO ~O/<-fHO(l/ /A5t3" /1G-f<-E6.HcAJT FILE NO: 15.02-1259 - 65/66 eO CATION : wET OF TI'PPEr.ANJE AVTh'UE, ~R1H OF SA.'l BERNARDnn AVThlJE, roRl'ION OF ElcrENDED ORAJ,'I:E SIoJal ROAD CTIY OF RIVERSIDE (GAGE CA..'lAL) ferrY OF SAN BERNARDOO 281-041-14 & 281-041-15 GRANTOR: A.P.N.: EXHIBIT "A" . . . , That portion of a parcel of land shown as "TIfE GAGE CANAL COMPANY" (CITY O,F 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 73" 48' 31" East (recorded as North 73" 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 04" 23' 51" East, said point also being the True Point of Beginning; thence Northwesterly along said curve through a central angle of IS" 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 54" 12' 31" East (recorded North 53" 40' 17" East), a distance of 104.9 feet along said Southerly line; thence North 72" 20' 27" East (recorded North 71" 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 16" 39' 19" East; thence Southeasterly, along the arc of said curve, a distance of 419.4 feet, through a central angle of 16" 31' 33"; thence South 89" 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 64" 44' 31" West (recorded South 64" 12' 17" West), a distance of 10.5 feet along said Northerly line; thence South 72" 55' 31" West (recorded South 72" 23' 17" West), a distance of 102.00 feet along said Norther ly 1 ine; thence South 81" 25' 31" West (recorded South 80" 53' 17" West), a distance of 100.00 feet along said Northerly line to the Northeast corner of said Parcel 3; thence South 76" 26' 31" West (recorded South 75" 54' 17" West), a distance of 111.00 feet along the Northerly line of said Parcel 3; thence South 73" 48' 31" West (recorded South 73" 16' 17" West), a distance of 41.47 feet, more or less, along said Northerly line to the True Point of Beginning. ;.Ju~"JnJC~ A~~ROVA~; ,~ "" , _. ~ I/,:-:'Lj. C- . \ .. ""'" --\:::2\ li \,.\..w,../" -- . '-;l.__~ <If ,::;..:. -_' ~ : -., - c ~ ~.~ ';. ": =:' EXHIBIT "B"