HomeMy WebLinkAbout1981-090 1 RESOLUTION NO. fO
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT
3 BETWEEN SAID CITY AND SOUTHERN CALIFORNIA EDISON COMPANY FOR A
PORTION OF THE SOUTH "E" STREET RIGHT OF WAY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5
SAN BERNARDINO AS FOLLOWS:
6
SECTION 1 . Authorization is hereby granted to execute "Joint
7 Use Agreement for a portion of the right of way for South "E" Street
8 between said City and Southern California Edison, a copy of which
9 is attached hereto marked Exhibit "A" and incorporated herein by
10 reference as fully as though set forth at length herein.
11 I HEREBY CERTIFY that the foregoing resolution was duly adopted
12 by the Mayor and Common Council of the City of San Bernardino at a/x,/
13 meeting thereof, held on the day
14 01/ 1981 , by the following vote, to-wit:
15 AYES: Cou cilmen:
16
j
17 NAYS:
18 ABSENT:
19
20
SHALMA CLARK, City Clerk
21
The oregoing resolution is hereby approved this os - day
22
of 1981.
23
24 Amp, .1dEP1
Vd,o f e i of San nern no
25 Approved as to form:
26 �
27 Ci fy—AtCorney
28
KW 124 REV.0.70
' B.G.E.CO.
�.,.,RECORDIMO REQULSTLD BY '
3L UTOVin
SOUTHERN CALIFORNIA EDISON COMPANY 1995 Al t) 30 A.K
I p� ❑r r�� NJ �joutiv ,
� Cf:LIC•
WHEN RECORDED MAIL TO S�.►Y np ,li.o •/R�I
SOUTHERN CALIFORNIA EDISON COMPANY
P. U. Box 410 10 00
LONG BFJXH, CA. 90801 pt,
4tten*ion: E/W Lind Dept. U
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX S1�
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
NCUMBRANCES REMAINING AT TIME OF SALE_
(2'(� _Z (• �.;C( SOUTHERN CALIFORNIA EDISON CO.
SIGNATURE OF EC RANT OR AGENT DETERMINING TAX. FIRM NAME
Location: City of San
Bernardino
JOINT USE AGREEMENT
4COM .NY,HIS AGREEMENT, e and entered into this R
day of � _, 19 by and between SOUTHERN CALIFONIA
EDISON a corporation, hereinafter called "Company", and
the CITSAN BERNARDINO, a municipal corporation of the State
of California, hereinafter called "City
W I T N E S S E T H:
- -- — — — — — — — —
THAT WHEREAS Company is the owner in possession of
certain rights of way and easement(s) for electrical facilities by
so w' easement rights:
virtue of the following e
•� 9 9
3 (quitclaim) from the
certain Director's Deed )
� That (q
a State of California to Southern California Edison Company recorded
o
April 11, 1975 as Instrument No. 736 in Book 8655, page 1045 of
Official Records, in the office of the County Recorder of San Ber-
nardino County, hereinafter referred to as "Company's easement
\ and
oWHEREAS City has acquired easement rights for street !
and highway purposes for the construction and/or improvement of
South "E" Street in said City, County of San Bernardino, State of
hCalifornia, hereinafter referred to as "highway right of way", as
N shown on the print attached hereto, marked "Exhibit A" and hereby
L I✓ made a part hereof which said highway right of way is subject to
• ° Company's easement; and
e WHEREAS Company's .facilities as now installed and
located on said highway right of way will interfere with or
obstruct the construction, reconstruction, maintenance or use of
said street or highway, and City desires to eliminate such inter-
ference or obstruction;
NOW THEREFORE, in consideration of the premises and
the mutual covenants herein contained, Company and City do hereby
agree as follows:
e
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", shown on the blue line
print marked "Exhibit A", attached hereto and made a part thereof.
EXHIBIT "n"
VAtJi. F COPY
t
Joint Use Agreement
S.C.E.Co. a corp. , and the
City of San Bernardino
Serial No. 53511A
Company agrees to rearrange, relocate
and reconstruct
P Y 9 g
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, reconstruc-
tion, 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 way, upon and sub-
ject to the terms and conditions herein contained.
City acknowledges Company's title to Company's ease-
ment 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 with 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 facili-
•ties then existing in said new location, and City shall notify
Company in writing of such necessity and agree to reimburse Com-
pany 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 travel-
ing public. No further permit or permission from City for such
rearrangement, relocation or reconstruction shall- be required and
City will (1) enter into a Joint Use Agreement on the same terms
and conditions as are herein set forth covering any such subse-
quent relocation of Company's facilities within said highway right
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 ease-
ment or easements.
City agrees to reimburse Company for any loss Company
d �
may suffer because of any lack of ot. defect in City's title to Q.
said new location or any subsequent location within said highway r
right of way, or in the title to any easement provided by City
g Y .Ji
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 anyway alter, modify or terminate any provision of
Company's easement. Both City and Company shall use said new
such a manner as not to interfere unduly the
location in u h Y
rights of the other. Nothing herein contained shall be construed
as a release or waiver of any claim for compensation or damages
-2-
Joint Use Agreement
S.C.E.Co. a corp. , and the
City of San Bernardino
Serial No. 53511A
which Company or City may now have or may hereafter acquire resul-
ting from the construction of additional facilities or the altera-
tion of existing facilities by either City or 'Company in such a
manner as to cause an unreasonable interference with the use of
said new location by the other party. City agrees that Company's
facilities shall not he 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 troe
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 inter-
fere with the proper operation or maintenance of Company's facili-
ties, to the extent necessary to prevent any such interference or
danger.
' This agreement shall inure to the benefit of and be
binding upon the Company and the City and their respective succes-
•
sors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused
• this agreement to be executed in duplicate by their respective
officers thereunto duly authorized, as of the day and year herein
first above written.
SOUTHERN CALIFORNIA EDISON MPANY
By
Approved as to form: C. J. Lo werison,' r.
Manager of
•
hZ o � a d Land
1 By „ -
City torney istant Secretary
CITY OF SAN BER '
• Ma r/�
e Attest: ��
City Clerk
STATE OF CALIFORNIA ) C
ss. }..a
COUNTY OF LOS ANGELES )
On this T� day of 19�L, t_rj
before me, a Notary Public in and for id State, personally
appeared C. J. Lowerison, Jr. , known to m to be Manager of the
Right of Way and Land Department of Southern California Edison
Company, the corporation that executed the within instrument,
known to me 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 i s board of directors.
WITN' my a d official seal. w
OrFICIAL Sr
�
AL
_� , .J MIN E.VOuELER
"2,{ NOTARY PUt3LIC-CAIFOiWIIA
PRIP cavil! OfFIC£IN
LOS ANGEt ES Co WtTY
my Commt"lon IXVWS tt�)vembx 8, is 1
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-3-
Joint Use Agreement
S.C.E.Co: a corp. , and the
City of San Bernardino
Serial No. 53511A
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this day of �/ , 19 ,
id
before me, a Notary Pu��lic in and or sa State p ersonally
appeared H• L. kortonaen , known to me to he an
Assistant Secretary of Southern California Edison Company, the
corporation that executed the within instrument, known to me to be
the person who executed the within instrument on behalf of the
corporation herein named, and acknowledged to me' that such corpor-
ation executed the same, pursuant to its by-laws or a resolution
of its board of directors.
WITN SS my hand and official seal. •ee°°Oe°OOe°s°ee•°e•000�oo�ooe
0j+jciAL SEAL °
♦ o
° VERA M.
i IANLEY +
• o
.�-- ''. NIA
♦ EUGL C OAIIEOR o
NO
LOS ANGELES COUNTY
t.
�.� a
1»Y Cc�n;r.sion EAt:�rr.;1t�r l '.983 0
STATE OF CALIFORNIA ) °••O°°•OO64o0YO°0.O6.0°+J42�^-^
) ss.
COUNTY OF 54 c—e,6 '-D0JC' )
_ I
On this �-7 n day of M FlPC'({� 19 L ,
before me, a Notary Public in and for said State, personally
appeared w. R NaL_CO(r)B known to me to be the
Mayor, and FIFTU.Un CA_ge- _ , known to me to be the City
Clerk of the City of San Bernardino, the municipal corporation
that executed the within instrument, and acknowledged to me that
they executed the me on behalf of such municipal corporation. C
WITNF m hand nd offi 'a seal.
�_... r �ifll'IA sefU C
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• / SAN BFIIA1MNO COUNTY
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