HomeMy WebLinkAbout19-Public Works
File No. 15.02-942
CITY 'OF SAN BERN,ARDINO - REQUEST FI)R COUNCIL ACTION
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Dept:
ROGER G. HARDGRAVE REC.tl. ~ ADMIN';;.fc;t:
Public Works/Engineer_ MAR -3 l'~ 1;: 07
Authorization to Execute and
Accept Indenture -- Hunts Lane,
South of Redlands Boulevard --
Drainage Facility (18" Pipe)
From:
Dete: 2-27-89
Synopsis of Previous Council action:
06-14-84 -- Resolution No. 4613 of Community Development Commis-
sion adopted approving Owner Participation Agreement,
including $317,500 for improving Hunts Lane Grade
Crossing No. B-54l.0.
11-21-88 -- Resolution No. 88-441 adopted authorizing execution
of Program Supplement No. 50.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
Steve Dukett
Andy Green
Supporting data attached:
Verne Nadeau
Staff Report, Map,
Tnnpntnre & ReRollltion
Phone:
5026
Contact person:
Ward:
3
FUNDING REQUIREMENTS:
Amount: $950.00
Source: (Acct. No.) RDA Account No. 650-0097.
(Acct. DescriDtion)
Finance:j. 4,., ,,., c---..-IY/1 ~ I;)
Council Notes:
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7$-0262
Agenda Item No
/9
CITY OF SAN BERADINO - REQUEST -'dR COUNCIL ACTION
STAFF REPORT
The Owner Participation Agreement for South Valle
Project included the amount of $317,500 for improving Hunts Lane
Grade Crossing No. B-541 with the Southern Pacific Railway.
This improvement will consist, in general, of widening the
crossing to match the approach roadways, installing automatic
gates with flashing lights, and drainage facilities. One-half
of the costs are to be borne by the City of Colton, since the
west half at the crossing is under their jurisdiction.
An application was submitted by RDA to Caltrans for
Federal-Aid Section 203 Funds to finance 90% of the costs for
installing the automatic gates and flashing lights. Caltrans
approved the application, subject to the condition that the
project be handled by our office, since we have had previous
experience with Section 203 projects.
A consent to Common Use Agreement will be required with
Southern Pacific Railway to authorize the work within their
right-of-way. The Southern Pacific Railway was requested in
late 1986 to prepare the necessary document. Repeated contacts,
including a letter from Mayor Wilcox, dated 9-14-87, have failed
to expedite the preparation of this agreement.
However, an Indenture to allow installation of an 18-
inch storm drain has been presented by Southern Pacific for
execution and acceptance by the Cities of San Bernardino and
Colton. The Indenture provides the right to construct and
maintain the storm drain and appurtenant facilities, subject to
payment of $950.00 to defray the costs of handling and monetary
consideration for the rights granted.
Certain conditions and covenants are contained in the
Indenture. None of these are unduly restrictive or will hinder
the exer.cise of the rights granted. For this reason, and the
required payment of the fee, it is necessary that the Indenture
be accepted by the City, in addition to granting authorization
to execute.
We recommend that the Indenture be approved and
accepted.
2-27-89
75-0264
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RESOL UTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY FOR THE CONSTRUCTION OF A
DRAINAGE FACILITY AND APPURTENANT FACILITIES CONCERNING
PROPERTY LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1: The Mayor and City Clerk of the City of San
8 Bernardino are hereby authorized and directed to execute and
9 accept on beha 1 f of said Ci ty an Indenture wi th the Southern
10
Pacific Transportation Company, a copy of which is attached
11
hereto and incorporated by reference herein as fUlly as though
12 set forth at length, marked Exhibit "A", for the construction
13 of a drainage facility and all appurtenances and more
14 particularly described in said Indenture and concerning that
15 certain real property in the City of San Bernardino and City of
16 Colton, County of San Bernardino, State of California,
17 generall~ located at the intersection of Hunts Lane and the
18 Southern Pacific Railroad Crossing, South of Redlands Boulevard
19 and sa i d City con sen ts to the recorda ti on therof.
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2-27-B9
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RESOLUTION AUTH. EXECUTION OF INDENTURE.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the C1 ty of San
3 Bernardino at a
4 on the
day of
meeting thereof. held
. 1989. by the
5 following vote. to wit:
AYES: Council Members
NAYS:
ABSENT:
City C 1 e r k
The foregoing resolution is hereby approved this
day of
. 1989.
Evlyn Wilcox. Mayor
City of San Bernardino
20 Approved as to form
and legal content:
21
James JF. Penman
22 City Attorney
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2-27-89
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REeO"RCING REQUESTED BV
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ALSO ASS'or'lED
LEASE
AUDIT NO. .t2.nQ...t_<:f'J.i.
DEED
AND WHEN RECORDED M~IL TO
Strat
AcICl....
City
St.t. L
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SPACE ABOVE THIS LINE 11'0" RECORDIER'$ USE
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RELMIS: B-541.0(N)
THIS INDENTURB, made this
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~ day of
;e~N1 '
1989, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation, herein termed "Railroad", and CITY OF
SAN BERNARDINO, a municipal corporation of the State of
California and CITY OF COLTON, a municipal corporation of the
State of California, herein collectively referred to as
"Grantee" ;
WITJlBSSB'.I!R I
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the
right to construct, reconstruct, maintain and operate a
drainage facility (18-inch reinforced concrete pipe, inlet,
rip rap, etc.), hereinafter termed "structure" in, upon,
along, across and beneath property of Railroad at or near
Colton/Loma Linda (San Bernardino) in the County of San
Bernardino, State of California, between and opposite
Engineer'S Station 4212+25, Mile Post 541.033 and Engineer'S
Station 4213+15.22, Mile Post 541.051, in the location shown
or described on Railroad's Drawing No. B-7064, sheet No.2,
revised March 7, 1988, attached and made a part hereof.
Upon execution hereof, Grantee shall pay to Railroad the
sum of Three Hundred Fifteen Dollars ($315.00) partially to
defray cost of handling.
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In addition, as monetary consideration for the rights
herein granted, Grantee shall pay to Railroad the sum of Six
Hundred Thirty-five Dollars ($635.00).
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'April, 1985
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2. Project markers in torm and size satistactory to Railroad,
identifying the facility and its owner, will be installed and
constantly maintained by and at the expense of Grantee at Railroad
property line. or .uch locations as Railroad shall approve. Such
Darker. ahall be relocated or removed upon request ot Railroad
without expense to Railroad.
Absence of marker. does not constitute a warranty by Railroad of
no sub.urfaceinstallations.
3. this grant is made subject and subordinate to the prior and
continuing right and obligation qt Railroad, its successors and
assigns, tq use all the property de.cribed herein in the performance
of its duty as a common carrier, and there is reserved unto Railroad,
its succe..or. and assigns, the right (consistent with th.'rights
herein granted) to construct, reconstruct, maintain and use existing
and tuture 'railroad tracks, tacilities and appurtenances and existing.
and tuture transportation, communication and pipeline tacilities and
appurtenances in, upon, over, under, aCrOSS and along said property.
4. this grant is made subject to all licenses, leases, ease-
ments, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may attect said property and the word
-grant- as used herein shall not be construed as a covena~t against
the existence of any thereot.
5. the rights herein granted to Grante. shall lapse and become
void it the construction ot said structure upon said property is not
commenced within one (1) year trom the date tirst herein written.
6. Grantee shall bear the entire cost and expense ot construct-
ing, reconstructing and maintaining said structur. upon said
property. Grantee agrees tbat all work upon or in connection witb
said structure shall be done at such times and in such' manner a. not
to intertere in any way whatsoever witb the operations of Railroad.
the plans for and tbe construction or reconstruction of said struc-
ture shall be subject to the approval of Railroad.
Grantee aqrees to reimburse Railroad tor the cost and expense to
Railroad of turnishing any materials or performing any labor in
connection witb tbe construction, reconstruction, maintenance and
removal ot said structure, including, but not limited to, the
installation and removal of .uch talsework and other protection
beneath or along Railroad's tracks, and the furnishing ot sucb
watcbmen, tlagmen and inspectors as Railroad deems nacessary.
7. In the event Railroad shall at any time so require, Grante.,
at Grantee's expense, shall reconstruct, alter, relocate said struc-
ture or otherwise improve said structure upon receipt ot written
notice from Railroad so to do.
AP'L"il~ '1985
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8. Gr.ntee sh.ll, .t its expense, comply with .11 .pplic.ble
l.ws, regul.tions, rules .nd orders r.g.rdless of when th.y become or
bec.m. eff.ctive, inclUding, without limit.tion, those r.l.ting to
h.alth, saf.ty, nois., environm.ntal prot.ction, wast. disposal, and
wat.r and air quality, and furnish satisf.ctory .vid.nce of such
complianc. upon request of R.ilroad. '
Should any disch.rge, l..k.g., spill.ge, emi..ion or pollution of
any type occur upon or arise from the premis.s cover.d h.r.und.r a. a
result of Grant..'s us., pre.enc., oper.tions or ex.rci.e of the
rights grant.d hereunder, Grantee shall, .t it. .xp.ns., be obligat.d
to cl.an all prop.rty .ffect.d th.r.by, whether own.d or controll.d by
Railroad, or any third person, to the s.tisf.ction of R.ilroad
(insof.r .s the prop.rty own.d or controll.d by R.ilro.d is concerned)
and .ny gov.rnm.nt.l body h.ving jurisdiction in the ..tt.r. Railro.d
may, .t it. option, cle.n R.ilro.d's pr.mi..sf if R.ilro.d elect. to
do so, Grantee sh.ll p.y R.ilroad the co.t of such cl..nup promptly
upon the r.c.ipt of . bill th.r.for.
- Gr.nt.e agr... to inv.stig.t., r.l...., ind..nify .nd d.f.nd
R.ilroad from .nd .gain.t .U liability, co.t .nd expen.e (including,
without limitation, .ny fin.s, penalti.., jUdgm.nts, litig.tion co.t.
.nd .ttorney f.es) incurr.d by R.ilro.d .s . r.sult of Gr.nt.e'.
br..ch of this section, or a. a re.ult of .ny .uch discharg., l..k-
ag., spill.ge, emi..ion or pollution, r.gardl.s. of wh.~h.r .uch
li.bility, co.t or .xpen.. ari... during the time this ind.ntur. i.
in eff.ct or ther.after, unl.s. such li.bility, co.t or .xpen.e i.
proximat.ly cau..d .olely .nd exclu.iv.ly by the active n.glig.nce of
R.ilroad, its officer., ag.nts or employ.....
9. A. p.rt con.id.r.tion, Gr.nt.e agr... to pay Railroad.n ,
amount eqU.l to .ny .nd all ..s.ssments which m.y be l.vied by ord.r
of any authoriz.d lawful body against the prop.rty,of Railro.d (.nd
which may'h.v. b..n paid by Railroad) to d.fr.y .ny p.rt of 'the cost
or .xp.nse incurr.d in connection with the con.truction of said
structur. upon s.id prop.rty commenc.d within on. (1) year from the
date fir.t her.in written.
10. Gr.nt.., it. .g.nt. and employe.. subj.ct to provi.ion.
her.of, .h.ll h.ve the privil.ge of entry on said prop.rty for the
purpo.e of constructing, r.con.tructing, maintaining and making
neces.ary r.pair. to said structur.. Grant.. agr... to give Railroad
five (5) day.' written notic. prior to commenc...nt of .ny work on
said structure, .xcept emergency r.p.irs, in which event Gr.ntee
.h.ll notify R.ilroad's authoriz.d r.pr.s.nt.tive by phone. Gr.ntee
agr.es to keep s.id property and ..id structure in good .nd ..fe
condition, fr.e from w.ste, so f.r as affected by Gr.nt.e's oper-
.tions, to the s.tisf.ction of R.ilro.d. If Gr.nt.e f.ils to
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keep said property and said structure in a good and safe
condition, free from waste,. then Railroad may perform the
necessary work at the expense of Grantee, which expense
Grantee agrees to pay to Railroad upon demand.
11. In the event any work upon or in connection with
said structure or its appurtenances, to be done upon or
adjacent to the tracks and property of Railroad, should be let
to a contractor by Grantee, such work shall not be begun until
such contractor shall have first entered into an agreement
with Railroad, satisfactory to Railroad, and indemnifying
Railroad from and against all claims, liability, cost and
expense growing out of the performance of the work to be done
by such contractor.
12. Grantee agrees to and shall indemnify and hold
harmless Railroad, its officers, agents, and employees from
and against any and all claims, demands, losses, damages,
causes of action, suits, and liabilities of every kind
(including reasonable attorneys' fees, court costs, and other
expenses related thereto) for injury to or death or a person
or for loss of or damage to any property, arising out of or in
connection with any work done, action taken or permitted by
Grantee, its subcontractors, agents or employees under this
indenture.
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH
GRANTEE AND RAILROAD, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A
'a' ONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT
... SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FO:)..
DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIMINAL
, \ ACTIONS OF RAILROAD, ITS OFFICERS, AGENTS AND EMPLOYEES. .
The word "Railroad" as used in this section shall be
construed to include, in addition to Railroad, the successors,
assigns and affiliated companies of Railroad and any other
railroad company that may be lawfully operating upon and over
the tracks crossing or adjacent to said structure, and the
officers and employees thereof.
13. Should Grantee, its successors or assigns, at any
time abandon the use of said property, or any part thereof, or
fail at any time to use the same for the purpose contemplated
herein for a continuous period of one (1) year, the right
hereby given shall cease to the extent of the use so abandoned
or discontinued, and Railroad shall at once have the right, in
addition to, but not in qualification of the rights
hereinabove reserved, to resume exclusive possession of said
property or the part thereof the use of which is so
discontinued or abandoned.
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Upon termination of the rights and privileges hereby
granted, Grantee, at its own cost and expense, agrees to
remove said structure from said property and restore said
property as nearly as practicable to the same state and
condition in which it existed prior to the construction of
said structure. Should Grantee in such event fail, neglect or
refuse to remove said structure and restore said property,
such removal and restoration may be performed by Railroad, at
the expense of Grantee, which expense Grantee agrees to pay to
Railroad upon demand, or Railroad may, at its option, assume
ownership of said structure.
14. The parties intend that the promises and obligations
of this indenture shall constitute covenants running with the
land so as to bind and benefit their respective successors and
assigns.
IN WITNESS WHEREOP, the parties hereto have caused these
,triplicate
presents to be executed in~~ the day and year first
herein written.
SOUTHERN PACIPIC TRANSPORTATION .
COMPANY
By ifh~4-
(Title) ~~~.
Attest ~L<, (J/ir;:::J
Secretary
CITY OF SAN BERNARDINO
By
Mayor
By
Clerk
CITY OF COLTON
By
Mayor
.
By
Clerk
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upon termination of the rights and privileges hereby
granted, Grantee, at its own cost and expense, agrees to
remove said structure from said property and restore said
property as nearly as practicable to the same state and
condition in which it existed prior to the construction of
said structure. Should Grantee in such event fail, neglect or
refuse to remove said structure and restore said property,
such removal and restoration may be performed by Railroad, at
the expense of Grantee, which expense Grantee agrees to pay to
Railroad upon demand, or Railroad may, at its option, assume
ownership of said structure.
14. The parties intend that the promises and obligations
of this indenture shall constitute covenants running with the
land so as to bind and benefit their respective successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
,triplicate
presents to be executed in ~~, the day and year first
herein written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
By
(Title) ~
A -1..,'/.~
Attest . . -"'i '. ! I" /IV.
c:eIo,....^+........
JainI F....
SffE OF CALIRlRIlIA } ,
ct _ county of san FrMCt_} u. N' ~
1J:- ..- One TIIouund vt... _..... _ Etllhty I .'
011 tht. 1 clay .of~~ it t~~~ IIotarY Public tn _ for tha ctty _ Caunty of san
""ore -. . . 1 ..... W E RM.ER ........11y_
FrMCt_. state of Callfornt.. ........, y ~__ 1_> to be tha sr. 1Ir'--
to _ (or pnwad to _ on tha ....t. of utt.f__. .. .-ted tha
eanUKta and Joint Factlttt... of tha corpor.tton ......rt::: ~ on -",'f of
wtthin tnst..-t. - .1so - :.: - ..:.:.::- :::- that sucII corpor.tton .-ted
tha corpor.tton thantn ...... and ac ,
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at .:,v ~n~iy .nls"~ty of san FrMCt_. tha clay _ yaar tn tht.
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IIotarY Public tn and for tha ctty _ Caunty of san FrMCt_ state of Callfornta
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~O P. MICOCCI " ,
,U:Llc.cALIFORNIA (J.,~
. ;..10 COUNTY OF \\;;:
: '.;: FRANCISCO ".
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