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HomeMy WebLinkAbout2018-1201 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 RESOLUTION NO. 2018-120 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE RELOCATION OF THE FOOTHILL PIPELINE WHEREAS, the San Bernardino Valley Municipal Water District is the owner in possession of certain rights of way and easements for pipelines by virtue of a Grant of Easement from Rita York Thacker, a widow, to San Bernardino Valley Municipal Water District, a corporation, recorded September 12, 1973, as Instrument No. 71, in Book 8265, Pages 120 through 124, inclusive and a Grant of Easement from Dorothy E. Leedom, Elizabeth Ann Crego, John D. Leedom, Jr. and Pauline Leedom to San Bernardino Valley Municipal Water District, a corporation, dated March 21, 1974, recorded April 4, 1974, as Instrument No. 36, in Book 8402, Pages 53 through 57, inclusive, both of Official Records, in the Office of the County Recorder of San Bernardino County; and WHEREAS, the City of San Bernardino has acquired easement rights for street and highway purposes for the construction and/or improvement of Marshall Boulevard in the City of San Bernardino, County of San Bernardino, State of California; and WHEREAS, San Bernardino Valley Municipal Water District's facilities as now installed and located within federalized lands will interfere with or obstruct the development, redevelopment of said lands and the City desires to eliminate such interference or obstruction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute the agreement with San Bernardino Valley Municipal Water District, attached hereto and incorporated herein as Exhibit "I". SECTION 2. The above authorization is rescinded if the parties to the agreement fail to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of the passage of this Resolution. 1 11 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 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE RELOCATION OF THE FOOTHILL PIPELINE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 2nd day of May 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ i( BARRIOS VALDIVIAV(, SHORETT NICKEL _ RICHARD MULVIHILL kis ABSTAIN ABSENT George H anna, C ktC, City Clerk The foregoing Resolution is hereby approved this 2nd day of May 2018. 41 L4e . R. Carey Da s, Mayor City of SanBemardino Approved as to form: Gary D. Saenz, City Attorney a 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District Attn: General Manager 380 East Vanderbilt Way San Bernardino, California 92408 Recorded in Official Records, County of San Bernardino :;VM BOB DUTTON fax� ASSESSOR — RECORDER — CLERK P Counter om 2018-0168912 Titles 1 Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE LINE FOR RECORDER'S USE NO FEE PER GOVERNMENT CODE SECTIONS 6103, 27383 JOINT USE AGREEMENT 5/09/2018 12:09 PM CG SAN Pages 9 THIS JOINT USE AGREEMENT ("Agreement") is made this 2nd day of May, 2018, by the City of San Bernardino, a California charter city and municipal corporation, with an address of 290 North "D" Street, San Bernardino, CA 92401 (the "City") and the San Bernardino Valley Municipal Water District, a California municipal water district, of 380 East Vanderbilt Way, San Bernardino, California 92408 ("SBVMWD"). The City and SBVMWD shall be referred to herein separately as "Party" and collectively as "Parties". RECITALS WHEREAS, the City is the beneficiary of that certain dedication, offered and duly accepted, on Parcel Map No. 4879, recorded on February 11, 1980 in Book 53, Page 69, of Parcel Maps of San Bernardino County, California (the "Existing Easements"), dedicating to the City for public use, all public thoroughfares as shown on said map, said thoroughfares deemed to include any public utility facilities and sewers located on or under the same, as modified by that certain Resolution No. 2003-69 of the Mayor and City Council, recorded on March 12, 2003 as Document No. 2003-0181847 of Official Record in said County, vacating certain portions of Marshall Boulevard as more specifically described therein and reserving any existing easements for utility purposes belonging either to the City or to any public utility; and WHEREAS, pursuant to Resolution No. 2003-69 of the Mayor and City Council of the City of San Bernardino, recorded on March 12, 2003 as Document No. 2003-0181847 of the Official Records in San Bernardino County, California, the City of San Bernardino vacated the easement dated September 12, 1980 and recorded on September 23, 1980 as Document No. 80- 215145 of the Official Records in said County and the easement dated January 8, 1982 and recorded on January 29, 1982 as Document No. 82-019692 of Official Records in said County; and WHEREAS, certain rights granted to the City in the Existing Easements, including, but not limited to, those rights reserved pursuant to Resolution No. 2003-69, lie in the future right- of-way to be granted to SBVMWD by the United States Department of Interior, Bureau of Indian Affairs (the "BIA"), as shown on Exhibit "A" attached hereto and. incorporated herein by reference (the "Joint Use Area"). 0.00 0.00 0.00 0.00 $0.00 AGREEMENT NOW, THEREFORE, in consideration of the recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Recitals are incorporated herein by reference. 2. The City consents to the grant of right-of-way to SBVMWD within the Joint Use Area by the BIA. 3. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of the Existing Easements. 4. SBVNVIWD acknowledges City's interest in the Existing Easements in the Joint Use Area and the priority of City's title over the interest granted to SBVMWD by the BIA in the Joint Use Area. 5. At all times SBVMWD shall exercise due care for the protection of the traveling public. 6. SBVMWD agrees that at least thirty (30) days prior to construction of new facilities in the Joint Use Area, SBVMWD shall notify City in writing such intent to begin construction. SBVMWD agrees to reimburse City upon demand for the City's costs incurred by reason of such construction, including the costs of any rearrangement, relocation, reconstruction, or removal of City streets or highways within the Joint Use Area. 7. SBVMWD agrees that it shall replace any existing, or future improvements, installed by City in the Joint Use Area that may be damaged during the construction, operation or repair of SBVMWD's facilities. 8. Except in emergencies, SBVMWD shall give reasonable notice to City before performing any work on SBVMWD's facilities in the Joint Use Area where such work will obstruct traffic. 9. In the event that the future use of said Existing Easements shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of SBVMWD's facilities in the Joint Use Area, City shall notify SBVMWD in writing of such necessity and agree to reimburse SBVMWD upon demand for its costs incurred in complying with such notice. Upon approval of such plans by City, SBVMWD shall promptly proceed to effect such rearrangement, relocation, reconstruction, or removal. No further permit or permission from City for such rearrangement, relocation, or reconstruction shall be required and City shall enter into 2 a new Joint Use Agreement on the same terms and conditions as are herein set forth covering any subsequent relocation of SBVMWD's facilities within the Existing Easements. 10. Both the City and SBVMWD shall use the Joint Use Area 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 the City or SBVMWD now have or may hereafter acquire resulting from the construction of new facilities or the alteration of existing facilities by either City or SBVMWD in such a manner as to cause unreasonable interference with the use of the Joint Use Area by the other party contemplated by this Agreement. Each Party agrees that the other Party's facilities shall not be damaged by reason of construction, reconstruction, or maintenance of the Party's facilities, by the Party or its contractors, and that, if necessary, the Party will protect the other Party's facilities against any such damage, at the Party's expense. 11. Those areas outside of the Joint Use Area shall remain unaffected by this Agreement. 12. In the event the Joint Use Area is vacated by SBVMWD, this Agreement shall terminate and SBVMWD shall retain no interest or rights in the Joint Use Area. 13. The provisions hereof shall run with the land and bind the City and SBVMWD and their successors and assigns. 14. SBVMWD, at its sole cost, shall be responsible for compliance with all federal, state and local laws, ordinances, rules and regulations now and in the future applicable to the use, installation, maintenance and repairs of SBVMWD's facilities. 15. This Agreement: (a) is intended by City and SBVMWD as a final expression and complete and exclusive statement of their agreement with respect to the terms included herein, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain, or supplement these terms are superseded and shall not be admissible or effect for any purposes; (b) shall be binding upon and inure to the benefit of the City and SBVMWD and their successors and assigns; and (c) may not be amended or modified except by a written agreement executed by the City and SBVMWD. [Signature Page .Follows] 3 IN WITNESS WHEREOF, the parties have executed this Joint Use Agreement as of the day and year first written above. "City - CITY OF SAN BERNARDINO a Charter City �I By _ Andrea M. Miller City Manager ATTEST: By: , Ge r�reann Hanna City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: "SBVMWD" SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT a California municipal water district Lo Douglas Headrick General Manager [Signature Pagefor Joint Use Agreement] 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ' On 2&411 before me / l/�/G /C- //%a' ac Notary Public personally appe6red . A;//s'i , who proved to me on the basis of satisfactory evidence to be the person(w)whose nam/*e<bscribed to the within instrument and acknowledged to me thatM's-he/executed the same injiAerah& authorized capacity(��and that by jiiAer/t 'r signatur on the instrument the persons' , or the entity upon behalf of which the persor(Waicted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public R. MONTOYA Noary Public - California i*@;Z'VtAl-ERlE San Bernardino County zzCommission # 2159279 D My Comm. Expires Aug 2, 2020 IN WITNESS WHEREOF, the parties have executed this Joint Use Agreement as of the day and year first written above. "City" CITY OF SAN BERNARDINO a Charter City LE Andrea M. Miller City Manager ATTEST: Lo Georgeann Hanna City Clerk APPROVED AS TO FORM: By: Gary D. Saenz City Attorney "SBVMWD" SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT a California municipal water district By: J Do 41as Headrick General Manager [Signature Page for Joint Use Agreement] 4 CALIFORNIA• • •GMENT CIVIL CODE § I i4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif Mia County of i On . before me, personally appeared of Signer(s) of the who proved to me on 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/sbe/they executed the same in hisAhaFA weir authorized capacity(ies), and that by hisA%FAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. etIrAR - - L. HERNANOEZ Nowt Pubac`- taatonlia 4 '00 SM BKRW4ino count,, C011Ip11in1011 # 214MRS MY Cellon. bodes W W. 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han a official seal. Signature, Signature of Notary lid Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dent Title or Type of Docu ent:t. cument Date: l� Number of Pages: . 9ner(s) Other Than r4 rn Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — 17 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator U Other. _ ❑ Other: Signer Is Representing: Signer Is Representing: EXHIBIT "A" JOINT USE AREA RAW t' MARSHALL BLVD SAN MANUEL INDIAN RESERVATION FOOTHILL PIPELINE - 42. 58.5' O LEGEND JOINT USE AREA IN EXISTING RIGHT-OF-WAY JOINT USE AREA IN RELINQUISHED RIGHT-OF-WAY 50' WIDE EASEMENT `� ✓ 44' r /`' I - 1 1 - - VAL MAR CIR RAW �\ 1 1 _ij f 1 II 4 1 � 1 I � I �r I 1 i I LOMITA PL 1 1 rf� 1 �- JOINT USE AGREEMENT EXHIBIT "A"