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HomeMy WebLinkAbout08.G-Public Works RESOLUTION(ID#2014) DOC ID: 2014 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 09/17/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 3 Subject: Resolution of the City of San Bernardino Approving a Joint Use Agreement with the Southern California Edison Company for the Relocation of Company Facilities in Connection with the Construction of the Hunts Lane Grade Separation at the Union Pacific Railroad(SSO4-051). Financial Impact: There is no financial impact associated with this action. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 06/17/02 Approved preliminary design alternatives for grade separations at State Street/University Parkway and Hunts Lane. 06/21/10 Approved agreement with the City of Colton for the maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) south of Redlands Boulevard(SS04-51). 06/28/10 Adopted the 5-Year Capital Improvement Program (CIP) for FY 2010-2011/2014- 2015,which included Project No. SSO4-51 "Hunts Lane Grade Separation." 03/07/11 Resolution No. 2011-063 adopted approving Public Highway Crossing Agreement with SANBAG and the City of Colton defining roles and responsibilities for design and construction of a grade separation on Hunts Lane at UPRR south of Redlands Boulevard(SSO4-51). 06/20/11 Resolution No. 2011-142 adopted approving Cooperative Agreement No. C-11153 with SANBAG and the City of Colton for design, right-of-way acquisition and construction of a grade separation on Hunts Lane at UPRR south of Redlands Boulevard(SS04-51). Backeround• 1 In 2001, the State appropriated Transportation Congestion Relief Program (TCRP) funding statewide in the amount of $95 million to mitigate impacts along the Alameda Corridor East. The funding was distributed among local County Transportation Commissions based on impacts. On June 6, 2001, the San Bernardino Associated Governments (SANBAG), Transportation Commission for San Bernardino County, approved funding to the cities of San Bernardino and © Colton for a grade separation at Hunts Lane. i Updated:9/13/2012 by Linda Sutherland B Packet Pg. 444 2014 SANBAG is constructing the Hunts Lane Grade Separation. During a search of utilities, SANBAG discovered that existing facilities owned by Southern California Edison Company will interfere with or obstruct the construction of components of the proposed grade separation. The Company has indicated a willingness to relocate its facilities subject to the requirement that its existing rights be preserved at the new locations. The Company has "prior rights" at its present location and wants to insure that it will be reimbursed by the City if it is forced to relocate again due to changes to the roadway in the future. Since this will be a new grade separation, it is unlikely that any changes to the roadway or bridge that could affect the Company's facilities will be contemplated. Southern California Edison Company is asking that the City execute the Joint Use Agreement (JUA) attached to the attached Resolution. SANBAG's contractor began work in June of 2012 and will need access to the area affected by Southern California Edison's facilities by November of 2012. Approval of the JUA will allow Edison to proceed with work immediately and relocate the interfering facilities in a timely manner. Construction of the Hunts Lane Grade Separation Project began in June 2012 and work should be completed by June of 2014. City Attorney Review: Sunuortine Documents: Location Map Hunts Lane at UPRR (PDF) Resolution Hunts Lane JUA with Southern California Edison (PDF) Attachment 1 -Joint Use Agreement-2014 (PDF) I 1 I Updated:9/13/2012 by Linda Sutherland B Packet Pg. 445 LOCATION MAP HUNTS LANE GRADE SEPARATION OVER THE UNION PACIFIC RAILROAD w U BETWEEN r 3 COMMERCIAL ROAD AND REDLANDS BOULEVARD c N E m m a p r � Q u° N e EAIrpoM1 Dr 0 w ? S � C WHospeady Ln w E Hospitality Ln G ` x Hilton San yip Barnardno p 3 St « a N 6 W Redonda Blvd �I' ERedaids Blvd-.. N 0o P 3 d _ 9 Rd EOfirer E c atRd ES ee Holmes Rd F ECaroline St I ECaroline St m C r aLne St a .l E COgej,Q 9 41ch., o Southipointe -. mg R,.d St s C N > y S w 'a c E E lndodrral Rd Overland St m e npplevroW St w C0 £ s °,R K 0. E Cooley Ln E Cooley Ln Pty " yr�ln E Cgmmxnal C Chenywootl Ln Dr _ m T N y { x ? �5 al Cottonwootl yo $ m K o �Cwno way e C a E Soear Peps g x �Sr 91� w n � 3 W ier Rd J Ash rreeS ' M 1 W Hanvlck Dr,Itarr ay Cooley Ranch w A yal j pWper Tiee Ln Elementary Berton d$ a E Old Ranch Rtl E�°� § a5w° N p � _,St ° Map data 620t2 ftnis- Editini C .q O u 0 J C d E L el W Q Padtot P}416 ! I 1 RESOLUTION NO. w 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A c JOINT USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON � 3 COMPANY FOR THE RELOCATION OF COMPANY FACILITIES IN 2 4 CONNECTION WITH THE CONSTRUCTION OF THE HUNTS LANE GRADE m SEPARATION AT THE UNION PACIFIC RAILROAD(SSO4-051). m° 5 N BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF A 6 SAN BERNARDINO AS FOLLOWS: m 7 SECTION 1. The City Manager is hereby authorized and directed to execute a Joint 8 Use Agreement with the Southern California Edison Company ("Company") for the X 9 a 10 relocation of Company facilities in connection with the construction of the Hunts Lane Grade S N 11 Separation at the Union Pacific Railroad (SSO4-051). Said Joint Use Agreement is attached 0 12 and incorporated herein as Attachment 1. 0 13 SECTION 2. The authorization to execute the above-referenced agreement is `o C14 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the R 15 passage of this resolution. w 16 m 17 d 18 /// 0 N 19 3 20 21 0 J 22 ' C 23 = 0 24 0 25 26 E © 27 0 28 a -Packet Pg:447 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A H JOINT USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON 2 COMPANY(COMPANY) FOR THE RELOCATION OF COMPANY FACILITIES IN o CONNECTION WITH THE CONSTRUCTION OF THE HUNTS LANE GRADE 3 SEPARATION AT THE UNION PACIFIC RAILROAD (SSO4-051). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and y 5 N Common Council of the City of San Bernardino at a meeting 2 6 thereof, held on the_day of 2012, by the following vote, to wit: a 7 J w 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ v 10 N JENKINS _ 11 12 VALDIVIA :A V d 13 SHORETT 0 14 KELLEY v — w 15 JOHNSON 0 16 MCCAMMACK U 17 c d t 18 N 19 Georgeann Hanna, City Clerk 3 20 The foregoing resolution is hereby approved this day of 2012. 21 R J 22 Patrick J. Morris, Mayor 23 = Approved as to form: o 24 JAMES F. PENMAN, c 25 City Attorney z 26 B d E 27 A 28 a Packet Pg:448` AftachmentEEMILi RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY w U N WHEN RECORDED MAIL TO 3 SOUTHERN CALIFORNIA EDISON COMPANY c 2131 WALNUT GROVE AVENUE 003-2ND FLOOR v ROSEMEAD, CA 91770 m Q ATTN:TITLE 86 REAL ESTATE SERVICES v w SPACE ABOVE THIS LINE FOR RECORDER'S USE G O RP File No. REL201356454 0 Serial No. 69485A Affects SCE Doc. No(s). 384651 and 385439 Service Order: 800669422 m Approved SCE Law Dept.MR y v a JOINT USE AGREEMENT (7 THIS AGREEMENT, made and entered into this day of , 20_, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called m J "Company", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, « hereinafter called "City", 3 2 W ITNESSETH: v THAT WHEREAS Company is the owner in possession of certain rights of way and N easement(s)for electrical facilities by virtue of the following easement rights: y 0 Those certain right of way easement(s) recorded October 23, 1984 as Instrument No. 84- C� 254217 and December 20, 1984 as Instrument No. 84-304045, both of Official Records, in the Office c of the San Bernardino County Recorder, hereinafter referred to as"Compan3es Easement"; and E y a s WHEREAS Company's facilities as now installed and located on said highway right of way will Q interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; D c NOW THEREFORE, in consideration of the premises and the mutual covenants herein .o contained, Company and City do hereby agree as follows: 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 E referred to as "new location", and shown and designated as "Area in Joint Use Agreement" on said s U print marked'Exhibit A"and as more particularly described on the Exhibit"B', both attached hereto and made a part hereof. Q 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 aai way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a E street or highway over, along and u Company's r gh y g upon Com an 's easement, both in the old location and in the new � a Packet Pg. 449 8.G.c Joint Use Agreement Between S. C. E., a core. and w City of San Bernardino U Serial 69485A h s RP. File No.RE1201356454 .3 Affects SCE.Doc(s):384651 and 385439 c d location within said highway right of way, upon and subject to the terns and conditions herein E 0 contained. m m Company has and reserves the right and easement to use, in common with the public's use of y 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 E said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public. o .1� 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 Companys facilities y then existing in said new location, and City shall notify Company in writing of such necessity and N 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, M relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on w the same terms and conditions as are herein set forth covering any such subsequent relocation of a Company's facilities within said highway rights of way, (2) provide executed document(s) granting to x Company a good and sut£icient 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 c required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements. 0 N Except as expressly set forth herein, this agreement shall not in any way alter, modify or c terminate any provision of Companys easement. Both City and Company shall use said new location a 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 Q or the alteration of existing facilities by either City or Company in such a manner as to cause an m 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 c maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Companys facilities against any such damage,at City's expense. Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of E Company may endanger or interfere with the proper operation or maintenance of Companys facilities, to the extent necessary to prevent any such interference or danger. M Q This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. w E s U R Q -2- Packet Pg.450 Joint Use Agreement Between S. C. E., a Corp. and w City of San Bernardino h Serial 69485A ,c R.P. File No. REL201356454 Affects SCE.Doc(s):384651 and 385439 3 c d IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in E duplicate by their respective officers thereunto duly authorized, as of the day and year herein first a above written. o' Q m SOUTHERN CALIFORNIA EDISON COMPANY, a corporation c 0 n By c 0 Joseph D'Amato Right of Way Agent Land Management Division y Real Properties Department ul m v A C7 CITY OF SAN BERNARDINO, a municipal corporation N By 2 Name Andrea Travis-Miller y Title Acting City Manager ° N_ a By__ o N Name d Titl e —— E d m rn Q d w Approved as to form: 0 JAMES F. PENMAN -' City Attorney c 0 by E L U Q C d E L U A Q 3. PacketPg.451 1 Joint Use Agreement Between S. C. E.,a corp. and w City of San Bernardino O Serial 69485A O R.P. File No.RFS,201356454 L.3 Affects SCE.Doc(s):384651 and 385439 c W State of California ) E v m County of ) Q m N On before me, a Notary Public, personally appeared who proved to me an c the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the 0 within instrument and acknowledged to me that he/she/they executed the same in c his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. m a I certify under PENALTY OF PERJURY under the laws of the State of California that the y foregoing paragraph is true and correct. y n a WITNESS my hand and official seal. t j v c m J [^ Signature V c x' v 0 N State of California ) `" a County of ) N c v On before me, a Notary Public, E personally appeared who proved to me on m the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in y his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument 7 the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument, � I certify under PENALTY OF PERJURY under the laws of the State of California that the 0 foregoing paragraph is true and correct. ' WITNESS my hand and official seal. v E L U A Signature Q C E E r u m a -a- Packet Pg.452 Joint Use Agreement Between S. C. E., a core. and w City of San Bernardino w Serial 69485A R.P. File No.REL201356454 Affects SCE.Doc(s):384651 and 385439 3 c d E State of California ) rn County of ) N 7 On before me, a Notary Public, c personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a v I certify under PENALTY OF PERJURY under the laws of the State of California that the w foregoing paragraph is true and correct. m f7 WITNESS my hand and official seal. a c m V ` Signature � e 0 N_ a 0 N C QI E m v m Q a N C O 7 C al E L U A Q C d E r 0 m } -5- Packet,Pg,453` G0Yc.i3:? EXHIBIT " A " U STEEL ROAD REDLANDS BLVD. t c m �I m APN 0164-271-02 � I5 TfJ-23�� m PARCEL "A' PiN 9 C J.O.A. AREA APN 0164-321-27 C 7 G OLD EASEMENT AREA O n4�1A� EXISTING EASENENI IN FAVOR ER A P' SOCUMENT WAGERS EDI50N PER APN 0164-211-03 DOCUMENT NUNREP3 84-304045 S 0 44' 4q' 64-25421] BOTH OF OFFICIAL CL STATE O SAN NARDINO COUNTY, 01 STATE (A' CALIFORNIA FO (n d L • L C7 < -FAA 3 6' OF PARCEL 2. PM 3010 PEN 3M. a y PER DOCUMENT 217 a. M. C 7'AR 04-25421] O.R. J_ _RAFE6 N'LY 5' OF PARCEL 3.W — PN 0401 PM 00/32-33 J MR OUCDNENT NO.N 04-304045 O,R. CE44 P�'0' APN 0164-321-63 vt 3 c g8 7 44' 49' APN 6164-321-62 7}f-04 I �.� E Plg�l. 712 d m a d N _ CLUB CENTER DR, n JaR•A. -- 12-1 A (CAROLINE ST.) Cff 2 0 Y•^1,ON APN O154-311-46 APN 0154-321-49 r• 44- 44• EXISTING EASEMENT AREA C --- -- EXISTING NS EA6ENENT IN ISON OF E 14.67. OGCumENN CALIFQNIA E3040N MR OF L 7 OOCVCIAL NUMBERS 6A-304045 OF U pPGfy�y3 3 C TY. STTAAT CAL GATT iw 4PN 016'4-311.0y. p�M 0�� Q Dpp9CG9� E TV 7 � U NEW EASEIEM AREA 0• ` 9 T� no4O AM UTILITY EASEWNr pL$No.7806 a IN -ISSI OF IM SAN BENxAM1NN- -- COUNIY TRANSPORTATION r.BNNTSSION Exp.13.31-13 �""n �p N. T.S. 9 CF CAUF�� Packet Pt.454' EXHIBIT "B" w U Joint Use Agreement Areas s 3 c PARCEL"A" E The east half of Hunts Lane,44 foot half-width,being bounded on the north by the centerline of d Redlands Boulevard and on the south by the centerline of Oliver Holmes Lane extended easterly,lying a within the City of San Bernardino,California. d The above described parcel of land contains approximately 25,227 square feet. D c 0 PARCEL"V c Being a strip of land 12 feet wide,the northerly line of said strip being parallel with and 30 feet °- southerly of,as measured at right angles to,the centerline of Club Center Drive(Caroline Street),being bounded on the west by the centerline of Hunts Lane and bounded on the east by the northwest line of o- Parcel7 of Parcel Map 8401, Parcel Map Book 88, Pages 32-33,Records of San Bernardino County, rn California. U a The above described parcel of land contains approximately 693 square feet. (7 m Il•• og' yO��O•DOOSG9L � _ 1,10 fin C. Dodrill Deputy CountySurveyor P 7806 EXP.: 12/31/2013 a 4 �* PL6 No.7886 * N En.123143 \Q, 4�OF CAU�P N c 0 E d d rn Q v D 7 c 0 c v E L U A Q C d E L U A a �e✓ia,� lvR4 �s�A Packet Pg.455