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CITY OF SAKI BERPIP ARDINO - REQUEST 'OR COUNCIL ACTION
From: ROGER G. HARDGRAVE Subject: Resolution Directing the Execution of a
Common Use Agreement with the Atchison
Dept: Public Works / Engineering Topeka and Santa Fe Railway Company for
Date: September 13, 1994 a Portion of Baseline Street, West of the
I-215 Freeway.
Synopsis of Previous Council action:
ADMIN . JFFLCE�NONE
14 SEP 9( 8 : 55
i
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
James Penman, City Attorney ignature
i Les Fogassy 5334
Contact person: Phone:
Staff Report,Resolution 1
Supporting data attached: Ward:
None
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) N/A
(Acct. Description)
Finance: I
Council Notes: I
7'-0262 Agenda Item No.-
CITY OF SAN BERNARDINO = REQUEST FOR COUNCIL ACTION
STAFF REPORT
Execution of the attached Common Use Agreement will allow the Atchison Topeka and
Santa Fe Railway Company to construct, operate and maintain signal houses within
a portion of Baseline Street, West of the I-21.5 Freeway. The actual location to
be lased by the Railway Company is beneath the Baseline Street overpass. i
The Railway Company's proposed use will not adversely effect the City's use of
the area for street right of way purposes, but will serve to enhance the
Metrolink operations for the area. It is recommended that the attached resolution
be adopted.
URGENCY CLAUSE: Due to time constraints for construction of the needed
facilities, the Railway Company has requested and urged a timely completion of
this agreement.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMON USE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE
3 RAILWAY COMPANY, LOCATED WITHIN CITY RIGHT OF WAY BENEATH THE BASELINE
STREET OVERPASS, WEST OF THE I-215 FREEWAY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
6 SECTION I . That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, a Common Use
8 Agreement with the Atchison Topeka and Santa Fe Railway Company within the
9 City's right of way located beneath the Baseline Street overpass, West of
10 the I-215 Free:,,av, a copy of which is attached hereto and incorporated by
reference herein, as fully as though set forth in length, marked Exhibit
11 „A„
12
13 SECTION 2. The authorization to execute the above referenced agreement
14 is rescinded if the parties to the agreement fail to execute it within 60
(sixty) days of the passage of this resolution.
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09-13-94
RE-SOLU17ON DIRECTING EXECI,TION OF COMMON USE AGREEMENT WITH ATCHISON
TOPEKA AND SANTA FE RAILWAY COMPANY FOR A PORTION OF BASELINE STREET, WEST
OF THE I-21� 'EEWAY.
1 I HEREBY CERTIFY" that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof held on the day of
4 19 , by the following vote, to-wit:
5
Council Members: AYES_ NAYS ABSTAIN ABSENT
6
NEGRETE
7
CURLIN
8
HERNANDEZ
9
OBERHELMAN
10
DEVLIN
11
POPE-LUDLAM
12
MILLER. _
13
14
City Clerk
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16 The foregoing resolution is hereby approved this day of
19
17
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19 TOM MINOR, Mayor
20 City of San Bernardino
21
22 Approved as to form
and legal content:
23
:JAMES F. PENMAN,
24 City Attorney
25 By:
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1 COMMON USE AGREEMENT
2
THIS AGREEMENT, made and entered into this day of
3
19 by and between the CITY OF SAN BERNARDINO, a
4
Municipal Corporation of the State of California, hereinafter referred to as
5
"CITY" , and The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, hereinafter
6
referred to as "RAILWAY COMPANY" .
7
8 W I T N E S S E T H
9 WHEREAS, CITY has a right of way easement generally located ou Baseline
10 Street, West of the I-215 Freeway; and
11 WHEREAS said right-of-way easement currently encompasses an over pass
12 and that area beneath the overpass; and
13 WHEREAS, RAILWAY COMPANY desires to construct, operate and maintain, at
14 no cost to the CITY, signal houses within said right of way easement beneath
15 the overpass; and
16 WHEREAS, RAILWAY COMPANY and CITY will mutually benefit by the
17 commonwealth of public transportation.
18 WHEREAS, CITY is willing to allow RAILWAY COMPANY to construct,
19 operate and maintain said signal houses in said CITY's right-of-way easement
20 but only within the AREA OF COMMON USE as described in Exhibit "A" , attached
21 hereto and made a part hereof, provided that the integrity and functional
22 capacity of the facilities of the CITY's right-of-way easement is not
23 impaired thereby; and
24 NOW THEREFORE, in consideration of the promises and mutual benefits
25 derived, it is mutually agreed by and between the parties hereto as follows:
26 A. CITY AGREES:
27 1. To allow RAILWAY COMPANY to construct, maintain and operate
28 a signal house or signal houses and appurtenances thereto, within the AREA
09-•13-94 -1- EXHIBIT "A"
1 OF COMMON USE and to allow RAILWAY COMPANY to occupy and use the AREA OF
2 COMMON USE for said signal house purposes.
3 2. To consider any future requests by RAILWAY COMPANY to expand
4 the use of the AREA OF COMMON USE, however, such request shall not be
5 approved if in the opinion of the City Engineer, the request will conflict
6 with or interfere with the CITY'S facilities.
7 3. To process the necessary permits required 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 COMPANY at least thirty days in
12 advance, plans for any proposed construction or alterations within the AREA
13 OF COMMON USE which may effect RAILWAY COMPANY facilities or their
14 functional operation.
15 B. RAILWAY COMPANY 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 the AREA of COMMON USE in common with RAILWAY COMPANY
20 without need for any further permit or permission from RAILWAY COMPANY.
21 2. That prior to construction 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 COMMON USE. Application for said permission shall be in writing
26 accompanied by four sets of construction plans and specifications.
27 3. To indemnify and hold harmless the CITY and their officers,
28 agents, volunteers and employees from and against any and all claims,
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1 demands, loss or liability of any kind or nature which the CITY and/or their
2 officers, agents, volunteers or employees may sustain or incur or which may
3 be imposed upon them for property damage and injury to or death of any
4 persons caused by the RAILWAY COMPANY'S use of the AREA OF COMMON USE.
5 4. RAILWAY COMPANY, states that it is legally self insured for
6 any and all liability and for any claims of personal injury, death or
7 property damage arising from the use of said AREA OF COMMON USE and shall
8 provide a Certificate of Self Insurance to CITY.
9 THIS AGREEMENT shall inure to the benefit of and be binding upon the
10 successors and assigns of both parties.
11 THIS AGREEMENT may be terminated by written consent of both parties,
12 however, it shall automatically terminate 99 years from the date of this
13 agreement, unless extended in writing by both parties.
14
15 THE ATCHISON, TOPEKA AND CITY OF SAN BERNARDINO,
16 SANTA FE RAILWAY COMPANY a Municipal Corporation
17
by: by:
18 TOM MINOR, Mayor
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20 Attest: Attest:
21
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Approved as to form and legal content:
23 JAMES F. PENMAN,
City Attorney
24
by:
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j LEGAL DESCRIPTION FOR AREA OF COMMON USE BETWEEN THE CITY OF SAN
BERNARDINO AND THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, GENERALLY
2 LOCATED WITHIN BASELINE STREET RIGHT-OF-WAY, WEST OF THE I-215 FREEWAY.
3
4 That portion of Baseline Street right-of-way, in the City of San
5 Bernardino, County of San Bernardino, State of California, described as
follows:
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8 Commencing at the centerline intersection of Baseline Street and "I"
9 Street as shown on the Map of Leonard Acres, recorded in Book 21 of Maps,
10 page 69, records of said County; thence West, along the centerline of said
11 Baseline Street, a distance of 41.25 feet to the True Point of Beginning;
12 thence South parallel with the centerline of said "I" Street, a distance of
13 48.00 feet; thence West, parallel with the centerline of said Baseline
14 Street, a distance of 21.00 feet; thence North, parallel with the centerline
15 of said "I" Street, a distance of 48.00 feet to the centerline of said
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16 Baseline Street; thence East, along the centerline of said Baseline Street,
17 a distance of 21.00 feet to the True Point of Beginning.
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19 The area of the above described property is 1,008.00 square feet, more or
less.
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28 EXHIBIT "A"
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