HomeMy WebLinkAbout15-Development Services
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Date: March 2, 2005
File No. 15.02-1318
Subject: Resolution approving
Amendment No. 1 to Common Use
Agreement between the City of San
Bernardino and the BNSF Railway
Company for a signal house in Base Line
Street.
From: James Funk, Director
Dept: Development Services
MCC Date: 03/21/2005
Synopsis of Previous Council Action:
09-13-94 Resolution adopted authorizing and directing the execution of a Common Use
Agreement with the Atchison, Topeka and Santa Fe Railway Company.
Recommended Motion:
ORIGINAL
Adopt Resolution.
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Contact person: Mike Grubbs, Eng. Mgr.lField Engineer
Phone:
5179
Supporting data attached: Staff Report, Reso, Amend. No. I, Map Ward: 1
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
Acct. Description: N/A
Finance:
Council Notes:
f{u . ~ DOS -hr
Agenda Item NoJ 5
.jIll/OS
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution approving Amendment No.1 to Common Use Agreement between the City of San
Bernardino and the BNSF Railway Company for a signal house in Base Line Street. (See
Exhibit "B").
Back2l"ound:
On September 13, 1994, BNSF Railway Company, formerly known as Atchison, Topeka and
Santa Fe Railway Company (ATSF), entered into a Common Use Agreement with the City to
construct, operate and maintain, at no cost to the City, signal houses within the right-of-way of
Base Line Street west of the 1-215 Freeway.
BNSF has submitted a request to amend the Common Use Agreement to expand the common
use area by approximately 315 square feet. This expansion will allow the installation of a new
8' x 10' signal house. This new signal house will replace an existing signal house that would
have interfered with the widening of the 1-215 Freeway.
The existing and expanded common use areas are entirely within street right-of-way for Base
Line Street. Installation of the new signal house in the right-of-way will not adversely impact
the safety of the street, its capacity, or the City's ability to maintain it. Therefore, we
recommend approval of Amendment No. 1 to the Common Use Agreement. The original
Common Use Agreement as approved in 1994 is attached as Exhibit "B" for reference.
It is requested that two copies of the Amendment be executed in original so that each party can
have an original document for its file.
Financial Impact:
None.
Recommendation:
That the Mayor and Common Council adopt the resolution approving Amendment No.1 to
Common Use Agreement between the City of San Bernardino and the Burlington Northern and
Santa Fe Railway Company (BNSF) for a signal house in Base Line Street.
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City of San Bernardino, California
Department of Public Worla, Division of Engineering
RELOCATION OF BNSF
SIGNAL HOUSE
AT
BASE LINE ST & 1-215 FWY
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RESOLUTION NO.
CO~y
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12 'Agreement is attached hereto and made a part hereof.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.1 TO COMMON USE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE BNSF RAILWAY COMPANY FOR A SIGNAL
HOUSE IN BASE LINE STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
execute on behalf of said City, Amendment No.1 To Common Use Agreement between the
City of San Bernardino and the BNSF Railway Company for a Signal House in Base Line
Street west of the 1-215 Freeway. A copy of said Amendment No.1 to the Common Use
SECTION 2. The authorization to execute the above referenced Amendment No.1 to the
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Common Use Agreement is rescinded if the parties to the Agreement fail to execute it within
sixty (60) days of the passage of this resolution.
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1 RESOLUTION...AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO
2 COMMON USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE BNSF RAILWAY COMPANY FOR A SIGNAL HOUSE IN BASE LINE
3 STREET.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 2005, by the following vote, to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK.
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
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24 Approved as to form
And legal content:
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Judith Valles, Mayor
City of San Bernardino
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James F. Penman
City Attorney
Byl~~ 1-, f~
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AMENDMENT NO.1 TO COMMON USE AGREEMENT
THIS AMENDMENT NO.1 TO COMMON USE AGREEMENT is entered into this
_ day of , 2005, between the CITY OF SAN BERNARDINO hereinafter called
the "CITY" and BNSF RAILWAY COMPANY, successor by merger with The Atchison,
Topeka and Santa Fe Railway Company, hereinafter called "BNSF".
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No.
94-293, approving a Common Use Agreement (attached as Exhibit B) with Atchison, Topeka
and Santa Fe Railwa)' Company (" A TSF") for construction, operation and maintenance, at no
cost to the CITY, of signal houses within street right-of-way beneath the Base Line Street
Overpass, and,
B. WHEREAS, BNSF, the successor by merger with A TSF, has requested an
amendment to said Common Use Agreement to extend the common use area by a distance of 15
feet southerly, increasing the common use area by 315 square feet to provide a total common use
area of 1,323 square feet; and,
C. WHEREAS, BNSF needs the additional common use area for the installation,
operation and maintenance of a new signal house which will replace an existing signal house;
and
D. WHEREAS, BNSF's plans for the construction of the new signal house will
accommodate the widening of the 1-215 Freeway which is currently being planned by the
California Department of Transportation; and
E. WHEREAS, BNSF will construct, operate and maintain the new signal house at
no cost to the CITY.
NOW THEREFORE, the parties hereto agree as follows:
1. The legal description of the "AREA OF COMMON USE" as described in the Common Use
Agreement is hereby increased and amended to read as -indicated in the revised legal
description marked Exhibit "A", attached hereto and made a part hereof.
2. All other terms and conditions of said Common Use Agreement approved by Resolution No.
94-293 shall remain unchanged.
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Amendment No, 1 to Common Use Agreement - BNSF Railway Company
Page 2 of2
IN WITNESS WHEREOF. the CITY OF SAN BERNARDINO and BNSF RAILWAY
COMPANY have caused this Amendment No. I to Common Use Agreement to be executed
and attested by its duly qualified and authorized officials.
BNSF
RAILWAY COMPANY
CITY OF SAN BERNARDINO
by:
by:
Judith Valles
Mayor
Robert E. Brendza
Director. Facility Development
WITNESSED:
APPROVED AS TO FORM & LEGAL
CONTENT:
City of San Bernardino
City Attorney
by: J?Vw-? -~
-James F. Penman '
( City Attorney
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ATTEST:
Rachel Clark. City Clerk
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LEGAL DESCRIPTION FOR AREA OF COMMON USE BETWEEN THE CITY
3 OF SAN BERNARDINO AND THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY (BNSF), GENERALLY LOCATED WITHIN BASE LINE
4 STREET RIGHT-OF-WAY, WEST OF THE 1-215 FREEWAY.
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Exhibit "A"
That portion of Base Line Street right-of-way, in the City of San Bernardino, County
of San Bernardino, State of California, described as follows:
Commencing at the centerline intersection of Base Line Street and "I" Street as shown
on the Map of Leonard Acres, recorded in Book 21 of Maps, page 69, records of said
County; thence West, along the centerline of said Base Line Street, a distance of 41.25 feet to
the True Point of Beginning; thence South parallel with the centerline of said "In Street, a
14 distance of 63.00 feet; thence West, parallel with the centerline of said Base Line Street, a
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distance of 21.00 feet; thence North, parallel with the centerline of said "I" Street, a distance
of 63.00 feet to the centerline of said Base Line Street; thence East, along the centerline of
Base Line Street, a distance of 21.00 feet to the True Point of Beginning.
The area of the above described property is 1,323.00 square feet, more or less.
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EXHIBIT "B"
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COI1!ION USE AGJmlENI
ma.de
and entered into this
17 e}n. day
of
...GREEl'lENT.
190,4" .
by 4ud between the CIn OF SAN ~ARDINO.
a
hunicipal Corporation of the State of California. hereinafter referred to as
"CITY" . o4nd The ...TCHISO~, TOP!KA ...NIl SNIT... FE RAILW."Y COMPA~Y,
hereinafter
referred to a.s "lta.ILWAr COMPANY".
WITNESSETH
WHEREAS. CITY has a right of way.easement generally located on Baseline
Street. West ot the 1-215 Freeway: and
WlIEREAS
said right-of-_ay easement currently enCOmpasses 4n over pass
and that are4 beneath the Q.verpass: and
WHEREAS. RAILWAY COMP~~Y desires to construct. operate and m4intain, at
no cost to the CITro sig.n41 houses within said right of way easement benea~h
WHEREAS.
RAILWAY COMPA~Y and CIn will mutu411y benefit by the
commonwealth of public transportation.
WHEREAS.
CITY is willing to allow
RAILWAY COHPA~Y
to construct,
19 operau and maint:ain sa1a Siil'd nouses in saia un' s rigtl1:-or-way easelllent
20 but only within the ~Q!A of CO:1I'!ON USE as e!~fc:-ibf!d in ExhibiT. ....... att:1clled
21 here"to ane! made a part her..of, provided that the in"t.egri"t.y and functional
22 capacity of the facilities of the CITY's right-of-way easement is not
23 ilDp4ired thereby: ane!
24 NOW TIlERErORE. in consideration of the promises and mutual benefits
25 derived. it is mutually agreed by and between tbe parties hereto dS follows:
26 A. CIT\' AGREES:
27 1. To allow RAIL.W...t COllPAIlY to construe';. main~..in and operate
28 a. sign4l hO\lse or sigr.al houses and ap~\lrtenances thento. .ithin .tI.i: AREA
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EXHIBIT "'B"
1 OF COMMO~ USE and to allow RAILWAY COMPA~Y to occupy ano use the AREA OF
2 COMMON USE for said signal house purposes.
S 2. To consider any future requests by R~ILWAY COMPANY to expand
4 ~he use of the AREA OF COMMON USE, ho~e~er, such request shall not be
5 approved if in the opinion of the City Enrineer. the request ~ill conflict
6 with or interfere with the CITY'S facilities.
7 3. To process the necessary permits required tor construction
8 of the signal house(s) and any appurtenances thereto, upon proper
9 application and payment of any fees by RAILWAY COHPASY 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 tor any proposed construction or alterations ~ithin the AREA
13 OF CO~ON VSE which may effect RAILWAY COMPANY facilities or ~beir
14 functional operation.
15 B. RAILWAY COMPANY AGREES:
16 1. To ackno-.ledge- CITY'S right-of-",ay easement and tacilit1u
17 in the AREA or CO~~ON 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 AlU;A or COMMON USE in co_on with Ro\ILWAY COMPArlY
20 without need for an~ further p~rmit 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 incorporatin~details pertaining to RAILWAY CO~~ANY or
24 RAILWAY COMPANY'S agent's performance of construction activities within the
25 AREA OF COMMO~ USE. ^pplic~~ion for said permission shall be in writing
26 accompanied by four sets of construction pl4DS dnd specifications.
27 3. To indenanity anct hold harmless the CITY eand their officers,
28 agents. volunteers and employees from and against any and all claims.
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EXHIBIT "'B"
94-293
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demQnds. loss or liability of Any kind or nature which the CITY and/or their
otficers. agents. volunteers or employees may sustain or incur or whicb eay
be imposed upon ~he. tor property damage and injury to or death of any
persons caused by the RAIL~AY COHP~Y'S use of tbe AREA OF CO~~OH USE.
4. RAILWAY COKPAMY. 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 tro. the use at said AREA OF COMMON USE and sball
8 provide a Certificate of Self Insurance to CITY.
9 THIS AGREEMEt.'T sba 11 inure to the benefi t of and be binding upon the
successors and assigns of both parties.
THIS AGREEMENT may be terminated by written consent ot both
parties.
ho~ever. it shall automatically terminate 99 years from the date
of this
arrel!lllent. unless tlC1:ended in writing by both parties.
THE ATCHISON, TOPEKA .o\ND
SANTA FE RAILWAY COI'lPANY
CITY OF SAN BERNARDINO.
a Municipal Corporation
bY'~
!s8't. D rec O;:-Asaet !lanasement.
AtteSl::~;___
b)i:~z-7 ~~~
r M OR. lIayor
.\ttest~.. J . ~ ~
Approved as to torm and legal content:
JAMES F. PE~.
City Attorne)'
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LEGAl DESCRIPTION FOR AREA OF COHMON USE BETWEIll THE CITY OF SAN
B!llNAlWINO AND THE ATCHISON TOPEKA A~ SAllTA n:: RAILWAY COtIPMlY, GEtlEWlY
LOCATED WITHIN BASELINE STllIIT llIGHT-OF-WAY, WEST OF THE 1-215 F~AY.
That portion of Baseline S~reet right-of-way, in the City of San
BernarHino, County of San Bernardino. State of California, described as
'f!ollows:
COlllllencing a~ the centerline intersec~ion of Baseline Stree~ and "1"
Street as sh~wn or. the Map of Leonard Acres, recorded in Book 21 of Maps,
page 69, records of saidCoun~Yi thence West, along ~he centerline of said
BAseline Street, a distance ot lt1.25 feet to the True Point of' Beginninll';
thence South parallel ",ith the centerline of said .. I" Street, a distance of
48.00 feet; thence West, parallel with the centerline of said Baseline
Street, a distance of 21.00 feet; thence North, parallel with the centerline
of said "I" Street. a distance of 48.00 feet to the centerline of said
B4seline Street; thence East. along the centerline of said Baseline Street,
a distance of 21.00 feet to the True Point of Beginning.
The area of the above described property is 1.008.00 square feet, more or
less.
EXHIBIT "A-
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AMENDMENT NO.1 TO COMMON USE AGREE!\lENT
THIS A:\lENDl\IENT NO.1 TO COMMON VSE AGREEMENT is entered into this
day of , 2005. between the CITY OF SAN BERNARDINO hereinafter called
the "CITY" and BNSF RAIL WAY COMPANY, successor by merger \vith The Atchison,
Topeka and Santa Fe Railway Company, hereinafter called "BNSF".
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No.
94-293, approving a Common Use Agreement (attached as Exhibit B) with Atchison, Topeka
and Santa Fe Railway Company ("ATSF") for construction, operation and maintenance, at no
cost to the CITY, of signal houses within street right-of-way beneath the Base Line Street
Overpass, and,
B. WHEREAS, BNSF, the successor by merger with A TSF, has requested an
amendment to said Common Use Agreement to extend the common use area by a distance of 15
feet southerly, increasing the common use area by 315 square feet to provide a total common use
area of 1,323 square feet; and,
C. WHEREAS, BNSF needs the additional common use area for the installation,
operation and maintenance of a new signal house which will replace an existing signal house;
and
D. \VHEREAS, BNSF's plans for the construction of the new signal house will
accommodate the widening of the 1-215 Freeway which is currently being plmmed by the
California Department of Transportation; and
E. WHEREAS, BNSF will construct, operate and maintain the new signal house at
no cost to the CITY.
NOW THEREFORE, the parties hereto agree as follows:
1. The legal description of the "AREA OF COMMON USE" as described in the Common Use
Agreement is hereby increased and amended to read as indicated in the revised legal
description marked Exhibit "A", attached hereto and made a part hereof.
2. All other terms and conditions of said Common Use Agreement approved by Resolution No.
94-293 shall remain unchanged.
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Amendment No. I to Conunon Gse Agreement .. I3~SF Railway Company
Page 2 of2
IN WITNESS WHEREOF, the CITY OF SA!\" BERNARDINO and B1'lSF RAIL \VA Y
COMPANY have caused this Amendment No.1 to Common Use Agreement to be executed and
attested by its duly qualified and authorized officials.
BNSF
RAILWAY COMPANY
CITY OF SAN BERNARDINO
by:
by:
Robert E. Brendza
Director, Facility Development
Judith Valles
Mayor
WITNESSED:
APPROVED AS TO FORM & LEGAL
CONTENT:
City of San Bernardino
City Attorney
by:
~ 7-.f~~
James F. Penman
(City Attorney
\
ATTEST:
Rachel Clark, City Clerk
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Exhibit .. A..
LEGAL DESCRIPTION FOR AREA OF COJ\IMON USE BETWEEN THE CITY
OF SA;-.I BERNARDINO A;-.ID THE BURLINGTON NORTHERN AND SANTA FE
RAIL WAY COMPANY (BNSF), GENERALLY LOCATED WITHIN BAS[ LINE
STREET RIGHT-OF-WAY, WEST OF THE 1-215 FREEWAY.
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10 on the Map of Leonard Acres, recorded in Book 21 of Maps, page 69, records of said
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That ponion of Base Line Street right-of-way, ill the City of San Bernardino, County
of San Bernardino, State of California, described as follows:
Commencing at the centerline intersection of Base Line Street and 'T Street as shown
County: thence West, along the centerline of said Bast Line Street. a distance of 41.25 feet to
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the True Point of Beginning; thence South parallel with the centerline of said ''I"' Street, a
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distance of 63.00 feet; thence West, parallel with the centerline of said Base Line Street, a
distance of 21.00 feet; thence North, parallel with the centerline of said "I" Street, a distance
of 63.00 feet to the centerline of said Base Line Street: thence East, along the centerline of
Base Line Street, a distance of 21.00 feet to the True Point of Beginning.
The area of the above described property is 1,323.00 square feet, more or less.
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EXHIBIT "B"
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1 COMMON US! AGRm!DIT
2 this ("7 eh day of
THIS AGREI:I':E!<T. made and entered into
::I QUI- t<-'.... 19C,c.( , OF SAN BERI-IARDINO.
by and between the CITY a
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I':unicipal Corporation of the State of California, hereinafter referred to as
"CITY" '. and The I'.TCHISON. TOPEKA AJo.lI S.v:TA FE RAIL!.'.'Y CO~PA~Y, hereinafter
referred to as "RAILlo'AI COI1PANY".
WITNESSETH
WHEREAS, CITY has a right of way easement generally located on Baseline
Street, West at the 1-215 Freeway; and
wHEREAS s~id right-ot-way e~sement currently encompasses an over pass
Gnd that area beneath the overpass; and
WHEREAS, RAILWAY COHPASY desires to construct, operate and maintain, at
no cost to the CITI. signal houses within said right of way easement beneath
the overpass; and
.~REAS. RAILWAY COMPANY and CITY will mutually benefit by the
commonwe~lth of public transportation.
.~REAS. CITY is willing to allow RAILWAI COI':?A~Y to construct,
operate anci lIlaint~ill SalQ slgna 1 nouses in saia LTII' S rig.'lt-or-...y easement
but only within the A.~A of CO:'1MON USE "IS d~~~:-ibpd in IxhilJi"l: ....... attached
hereto and made a part her~of, provided that the integrity ond functional
capacity of the focilities of the CITY's right-of-way easement is not
impaired thereby; and
NOli THEREFORE. in consideration of the promises qlld mutual benefits
~erived, it is o,utually asreed by and between the parties hereto as tollo..s:
A. CITY AGREES:
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.. To allow RAIL~AY CO~PANY to construct. maint~in and operate
signal house or sigr.al houses and ap~urtena/lces ther~to, .Hhm tl." illA
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EXHIBIT "B"
or CO~MON USE and to allow RAILWAY COMPANY to occupy and use the ~~ OF
CO~~ON USE tor said signal house pUrposes.
2. To consider any future requests by R~IL.AY COMPANY to expand
.he use of the AREA OF COMMON USE. howe~er, such request shall not be
approved if in the opinion of the City Engineer, the request ~ill conflict
with or interfere with the CITY'S facilities.
J. To process the necessary permits required for construction
of the signal house(s) and any appurtenances thereto. upon proper
application and payment of any fees by RAILWAY COMPANY to CITY SUbject to
the provisions Gnd conditions of this Agreement.
4. To submit to RALWAY COHPM,Y at I east thirty days in
advdnce, plans tor any proposed construction or alterations ~ithin the AREA
or COHMON USE which may effect RAILWAY COMPANY facilities or their
functional operation.
B. RAILWAY COKPAN)' AGREES:
I. To acknowledge CITY'S right-of-way easement and facilities
in the AREA OF CO~MON USE and the priority of CITY'S rights over R~lLWAY
COMPANY therein and further acknowledges the right of CITY, its Successors
or assigns. to use the AHLA or CO~HON US! in COmmon with R~ILWAY COr~^NY
without need for any further pErmit or permission frem RAILWAY COMPANY.
2. That prior to construction or reconstruction of signal house
facility or facilities to apply for and obtain all necessary permits and
subwi. all plans incorporating details pertaining to RAILWAY CO~PA~Y or
RAILWAY COMPANY'S agent's performance of construction activities within the
AREA Of COHMO~ USE. Applicution tor said permission shall be in writing
aCcompanied by four sets of consuuction plcns clOd specifications.
3. To indemnify and hold harml~ss the CITY ~d their officers.
~sents, volunteers and empluyees from and against any and a!l claims.
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EXHIBIT "B"
_._- -......-----......--
94-293
1 demands. loss or liability of any kind or nature which the CITY and/or their
2/ Officers. agents. volunteers or e.nployees may sustain or incur or which may
3 be imposed upon them for property damage and injury to or de4~h of any
perSons caused by ~he RAILWAY COMPANY'S use of the AREA OF CO~~ON USE.
4, RAILWA~ COMPANY, states that it is legally self insured for
any and all liability and for any claims of personal injury, death or
property d4mcge arising from the use ot said AREA Of COMr.ON USE and shall
prOvide 4 Certificate of Self Insurance to CITY.
THIS AGRrrME~7 sball inure to the benefit of aDd be binding upon the
successors and assigns of both parties.
THIS AGRrEM~T may be ~erminated by vritten consent of both parties.
however. it shall automatically terminate 99 years from the date of this
agreement, unless extended in writing by both parties.
THE ATCHISON, TOPEKA .~
SANTA FE RAILWAY COMPANY
CITY OF SAN BERNARDINO.
a Municipal Corporation
bY'~
As~t.D rec or~AssetUanagemont
Attest:~~~;_
bY:~J;1 ~A~
T 11, OR. 11ayor
Attest=CC~ ~
Approved 4S to form and legal
23 J~~ES F. PE~~~~.
I City At~orney
24/ bY:~.a.
25 /
26/
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-'---EXHIBn 'B"
LEGAL nrSCRIPTIO~ FOR .\REA OF COHMON USE BrT\Tr~ THE CITY OF SAN
BERNARDl~O AKD Tm: ATCHISON TOPEKA AND SANTA n: RAILWAY COMPA.~Y. GENERALLY
LOCATED WITHIN BASELINE STREIT RIGHT-OF-WAY. wTST OF THE 1-215 FRIEI/AY.
That portion of Baseline Street right-of-way. in the City of San
Bernaraino. County of San Bernardino, State of California. described as
1 " 11 0"'$ :
Conunencing at the centerline intersection of Baseline Street and "I"
Stret't as Shl)loTl or. the Hap of Leonard Acres. recorded in Book 21 of /'laps,
page 69. records of said County; thence \lest. along the centerline of said
B4-s~1ille Street. a distance of 41.25 feet to the Trlle Point of Beginning;
thence SOlltb parallel "ith the centerline of said U!" Street. a distance of
"a.oo feet; thence West. parallel with the centerline of said &seline
Street, a distance of 21.00 feet; thence North. parallel with the centerline
of said "I" Street. a distance cf 48.00 feet to the centerline of said
B~seline Street; thence East. along the centerline of said B~seline Street,
Q distance of 21.00 feet to the TrIle Point of Beginning.
The ~rea of the 4bove deseribed property is 1.00a.00 square feet. more or
less.
EmIBIT ,. A .
.
.
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/
** FOR OFFICE USE ONLY - NOT A PuBLIC DOCUMENT **
/
i
RESOLUTION AGENDA ITEM TRACKING FORM
'1_/> l~() ')
Meeting Date (Date Adop~:~ Item #
Vote: Ayes~ Nays
Change to motion to amend original documents D
NulllVoid After: 40-- days /
Resolution # On Attachments: D
I~
Resolution #
?6TJ~-~Y
Abstain
Companion Resolutions
Absent
Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: '3 / ') '? 7 ()'5 _
Date of Mayor's Signature: ?; ) ) -; , fX;
Date of Clerk/CDC Signature: ';")l{ ,,() r
Reso. Log Updated:
Seal Impressed:
~/
:7
I
./""
~ /)-,~~ O.s Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Date MemolLetter Sent for Signature:
151 Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
:i D
~, Animal Control EDA Information Services D
~
:~l D ' Facilities Parks & Recreation D
~ Finance Police Department D
D Fire Department Public Services D
~' Water Department D
Notes:
Ready to File
Date:
Revised 12/18/03-
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.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 25, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-62
At the Mayor and Common Council meeting of March 21, 2005, the City of San Bernardino
adopted Resolution No. 2005-62 - Resolution approving Amendment No. 1 to Common Use
Agreement between the City of San Bernardino and the BNSF Railway Company for a signal
house in Base Line Street.
Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Friday, May 20, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signe~~
'3 ! ( Please sign and return
" '2..&' 0 ~
Date:
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.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Eileen Gomez, Senior Secretary, City Clerk
FROM: Mike Grubbs, Engineering Manager/Field Enginea~ ~
SUBJECT: Amendment No.1 to Common Use Agreement with BNSF for Signal
House in Base Line Street (Approved 03/21/05, Reso. 2005-62)
DATE: May 9, 2005
COPIES: Les Fogassy, Real Property Official; File No. 15.02-1318 w/2nd Duplicate
Original of Common Use Agreement.
Transmitted enclosed is one fully executed original of the subject project which was
executed by BNSF and is being returned for your file.
A second duplicate original will be retained in the files of the Real Property Section.
A third duplicate original was retained by BNSF for their files~
If you have any questions regarding this matter, please contact me at (909) 384-5179.