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I RESOLUTION NO. Z, � d
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CERTIFICATION IN CON-
3 FORMANCE WITH STATEMENT NO. (2) , RELATIVE TO FEDERAL AID URBAN PROJECT M-R057
(2) FOR CONSTRUCTION OF A GRADE SEPARATION ON MILL STREET, FROM OHIO AVENUE TO
4 GRAPE STREET, SAN BERNARDINO, CALIFORNIA.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION ONE: The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute, on behalf of said City, a Right of Way
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Certification in conformance to Statement No. (2) , relative to Federal Aid
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Urban Project M-R057 (2) for construction of a grade separation on Mill Street,
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from Ohio Avenue to Grape Street, a copy of which is attached hereto, marked
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Exhibit "A" and incorporated herein by reference as fully as though set forth
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at length herein.
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SECTION TWO: The City of San Bernardino agrees to hold the State
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of California harmless from any liability which may result in the event the
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right of way is not clear as certified. If the State is named in a damage
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suit, as a result of the right of way not being clear as certified, the City
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of San Bernardino agrees that, at the request of the State, it will assume
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full responsibility for the conduct of the defense or provide such assistance
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as the State may require and will pay any judgements issued against the State
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and all costs in connection with the defense.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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the Mayor and Common Council of the City of San Bernardino at ,a�
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Gc meeting thereof held on the
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day of i� , 1976, by the following vote, to-wit:
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AYES: Councilmen �- I ell-
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1 NOES:
2 ABSENT:
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C-ity Clerk
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The foregoing resolution is hereby approved this7 .
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day of / 1976.
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10 Mayo o the City of San Bernardino
Approve as to form:
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13 ' City Attorney I L E D
14 OCT 29 1976
15 LUCILLE GOFORM CKyl
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CITY OF SAN BERNARDINO
1976 M - E057 (2)
Date Identification Number
Federal-aid Urban
Federal Program
Mill Street Separation
Project Name
Ohio Avenue to Grape Street
Job Limits
All required right of way for construction of this project has now been acquired,
covered by Right of Entry or Order of Possession, as set forth in detail below:
1. STATUS OF RIGHT OF WAY ACQUISITION
a. Total number of parcels required. 9
b. Parcels acquired outright. 4
c. Parcels covered by R/W Contract 1
d. Parcels covered by order for possession
(Effective date - July 20, 1976) . 2
e. Right of Entry from A.T. & S.F. Railroad. 1
f. Letter of Consent from SBCFCD. 1
2. STATUS OF AFFECTED RAILROAD FACILITIES
Covered by Construction and Maintenance Agreement
between The A.T. and S.F. Railroad, City of Colton
and City of San Bernardino, dated January 19, 1976.
3. DESIGNATED MATERIAL SITES - None
4. DISIGNATED DISPOSAL AREAS - None
5. STATUS OF UTILITY RELOCATION
a. Southern California Edison Co. -
Anticipated clearance date - January 1, 1977.
b. City of Colton Electrical Utility Department -
Anticipated clearance date - February 1, 1977.
c. General Telephone Co. - Anticipated clearance
date - November 1, 1976.
EXHIBIT "A"
5. STATUS OF UTILITY RELOCATION (con't)
d. City of Colton Water Department - Facilities in
conflict to be relocated by Contractor under
construction contract.
e. City of San Bernardino Sewer - Facilities in conflict
to be relocated by Contractor under construction
All known hazardous pipelines meet minimum clearance requirements as set forth
in October 1, 1976 policy.
6. SCHEDULE FOR REMOVAL OF OBSTRUCTIONS
Removal of obstructions in conflict with the work
will be accomplished by the Contractor under the
construction contract.
7. UNAUTHORIZED ENCROACHMENTS - None
8. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS
REGARDING THE ACQUISITION OF REAL PROPERTY
All right of way has been ,acquired in accordance
with Title III of the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970 (Public Law 9]-646) and all applicable
current FHWA directives cowering the acquisition of
real property.
9. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND
PAYMENTS PROVISIONS OF FEDERAL AND STATE LAW
The project did not involve the displacement of any
individuals, farms, or businesses.
I HEREBY CERTIFY the right of way on this project as conforming to Statement No. (2)
of paragraph 5c of FHPM - 642.1.
CIT*SAN NA 0
or
Date: z /97�