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. n Ie NO. l.UIIU
CIO' OF SAN BERNARDOO - REQUOT FOR COUNCIL AcOIoN
From:
Roger G. Hardj/rave HIM OFF
REC'D. - AD . .
Publ ic Works(9~S~Af~3ngM1 8 05
5-16-85
Subject: Approval of Consent to Common Use
Agreement -- Construction of Box
Culvert on 40th Street at Devil
Creek Channel
Dept:
Date:
Synopsis of Previous Council action:
8-06-85 --- Plans approved and authorization 9ranted to advertise for bids.
1-21-85 ----Resolution No. 85-28 adopted ~uthorizing execution of Program
Supplement No. 39.
Recommemled motion:
Adopt resolution.
cc: John Matzer, Jr.
Ralph Prince
Manuel Moreno, Jr.
{})u~ ~ C2~/-
Signature
--
Contact person:
Roger G. Hardqrave
Phone:
Supporting data anached: Staff Report & Resol ution
Ward:
5025
5
FUNDING REQUIREMENTS:
Amount: N/ A
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No.
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CI~ OF SAN BERNARDQo - REQUQT FOR COUNCIL ACQON
STAFF REPORT
A Consent to Common Use Agreement will be required by the County Flood
Control District to authorize construction of a box culvert across their
Devil Creek Channel.
The Agreement provides, in general, that the District consents to
construction by City of the proposed box culvert, and that the City will
assume full responsibility for the operation and maintenance of the box
culvert and roadway facilities. Also, that the City acknowledges District's
prior rights within the channel right-of-way.
This Agreement will need to be fully executed prior to construction
being started.
We recommend the Agreement be approved.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING THE EXECUTION
OF A CONSENT TO COMMON USE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO CONSTRUCTION OF A NEW BOX CULVERT FOR FORTIETH STREET AND THIRD
AVENUE ACROSS DEVIL CREEK CHANNEL.
BE IT RESOLVED BY THE MAYOR ANO COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Common Use
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Agreement with the County of San Bernardino relating to construction I
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SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute, on behalf of said City, A Consent to
of the new Box Culvert for Fortieth Street and Third Avenue across Devil
Creek Channel, which agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until fully signed
and executed by both parties. The City shall not be obligated hereunder
unless and until the agreement is fully executed and no oral agreement
relating thereto shall be implied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 1985, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City C1 erk
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day of
The foregoing resolution is hereby approved this
, 1985.
Approved as to form:
/f?.(~,{).r/J~
{/4J' ,
City Attorney
- 2 -
Mayor of the City of San Bernardino
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CONSENT TO COMMON USE AGREEMENT
THIS AGREEMENT, entered into this day of . 1985. by
and between the CITY OF SAN BERNARDINO, a Municipal Corporation of the State of
California. hereinafter called "CITY". and the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT. a body corporate and politic of the Sta te of Cali forn ia .
hereinafter called "DISTRICT".
WIT N E SSE T H
WHEREAS, CITY desires to effect, at CITY cost, the construction of a new
box cuI vert for Fortieth Street and Third Avenue across Devil Creek Channel,
which construction will necessitate CITY's acquisition of certain road rights-of-
way therefor; and
WHEREAS. said road rights of way will occupy, in part, portions of the
DISTRICT owned lands, hereinafter called "DISTRICT LANDS"; and
WHEREAS, CITY desires to construct said new box culvert and appurtenances
within DISTRICT LANDS and within adjoining CITY owned lands. which DISTRICT and
CITY lands are hereinafter referred to as "AREAS OF COMMON USE". which AREAS OF
COMMON USE are described on attached "Exhibit A" and shown on attached plat map
marked "Exhibit B"; and
Page I of 3
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WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood
control and water con<1ervation works within and across said AREAS OF COMMON USE;
NOW, THEREFORE, IT IS HUTUALLY AGREED AS FOLLOWS:
1. DISTRICT hereby consents to CITY'S construction, reconstruction,
maintenance and operation of a box culvert and appurtenances thereto, at
CITY'S expense within the AREAS OF COMMON USE and to allow CITY and the
traveling public to occupy and use said AREA OF COMMON USE for street
and highway purposes; provided, however, that no such construction,
reconstruction, maintenance, operation, occupancy, or use shall be
effected by CITY, its successors or assigns, in any manner which, in
the opinion of the Chief Engineer of the DISTRICT, may interfere or
conflict with any structures, facilities operations or uses which
DISTRICT has or intends to have upon said lands, without first submitting
plans of such occupancy or use to DISTRICT'S Chief Engineer at least 30
days prior to the date of such intended occupancy or use and obtain his
written approval therefor, which approval shall not be withheld, if in
the opinion of the Chief Engineer, the proposal does not interfere or
conflict with the DISTRICT'S interests; and providing further that
CITY, its successors and assigns shall assume full responsibility for
the operation and maintenance of box culvert and roadway facilities
,including all roadway culverts, pipes and those portions of box
culvert structure, including approaches, sidewalks and other appurtenant
works, located above the bot tom plane of box cuI vert soffit of deck
structure, whichever is lowest.
2. CITY acknowledges DISTRICT'S right to AREAS OF COMMON USE and the
priority of DISTRICT'S right within DISTRICT LANDS. DISTRICT has and
reserves the right to use AREA OF COMMON USE in any manner not in
conflict with CITY'S needs for the proposed improved public roadway,
without necessity for any further permit or permission from CITY.
Except in emergencies, CITY shall give reasonable notice to DISTRICT
before performing any work on CITY'S facilities in said AREAS OF COMMON
USE, where such work will be per formed wi thin channel or 1 evee areas,
or which said work will in any way alter or obstruct the flow of or
potential flow of waters within said flood control and water conservation
wor ks .
Page 2 of 3
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3. CITY hereby consents to the construction 1 reconstruction, maintenance,
operation or use by DISTRICT, its contractors, agents and employees, of
flood control and water conservation facilities and appurtenances
thereto under, over, upon and along said AREAS OF COMMON USE, upon and
subject to the terms and conditions herein contained.
4. CITY shall indemnify and hold the DISTRICT and all officers, employees,
and agents of said public body free and harmless from any and every
claim, demand or action for damages, or injury to any person or persons
or property of any kind whatsoever, and shall assume any cost or
expense in connection therewith, and agrees to defend the DISTRICT, the
County of San Bernardino, and all officers, employees and agents of
said public bodies against any claims or demands which may arise out of
or result from the CITY'S occupation and activities within AREA OF
COMMON USE.
5. DISTRICT shall, except in emergencies, give reasonable notice to CITY
before performing any work on CITY'S facilities in said AREA OF COMMON
USE.
THIS AGREEMENT shall inure to the benefits of and be binding upon the
successors and assigns of both parties.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
CITY OF SAN BERNARDINO
By:
Chairman, Board of Supervisors
San Bernardino County Flood
Control District
By:
Mayor
City of San Bernardino
APPROVED AS TO FORM:
APPROVED AS TO FORM:
County Counsel
County of San Bernardino
By:
By:
City Attorney
City of San Bernardino
ATTEST:
ATTEST:
By;
Clerk, Board of Supervisors
San Bernardino County Flood
By:
Ci ty Clerk
City of San Bernardino
page 3 of 3
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That portion of the Devil Creek Channel right-of-way, 100
feet wide as delineated on the map of Tract 2937 as per plot
recorded in Book 41 of Maps. Page 28 records of the County
Recorder. San Bernardino County, State of California and that
portion of the Muscupiabe Rancho as per plat recorded in Book 7
of Maps, Page 23, records of said County and being a strip of
land 100 feet wide lying 50 feet on each side of the following
described centerline:
PARCEL NO. 1 - Commencing at the intersection of the
center lines of 40th Street and Third Avenue as said
streets are delineated on the map of said Tract 2937;
thence North along the centerline of said Third Avenue
50 feet more or less to the Northwesterly prolongation
of the centerline of said Devil Creek Channel right-
of-way, and the true Point of Beginning; thence North-
westerly along said Northwesterly prolongation of said
centerline of Devil Creek Channel right-of-way, a
distance of 100 feet to the Point of Termination.
PARCEL NO. 2 - Commencing at the intersection of the
centerlines of 40th Street and Third Avenue as said
streets are delineated on the map of said Tract 2937;
thence North along the centerline of said Third Avenue
50 feet more or less to the Northwesterly prolongation
of the centerline of said Devil Creek Channel right-of-
way, and the true Point of Beginning; thence South-
westerly along said centerline of Devil Creek Channel
right-of-way. a distance of 235 feet to the Point of
Termination.
NOTE: Said area is also delineated on Drawing No. 6503
on file in the office of Public Works of the City of
San Bernard ino.
EXHIBIT I A'
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LJEV/L CANYON CHANNEL
of 40fh {3fn Ave.
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