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CltCo'F SAN BERNARDltO
File No. RP 89-40
- REQUE,-, FOR COUNCIL ACTON
Data:
12-18-90
Authorization to Execute Joint Use
Subjact: Agreement - Southern California
Edison - Relocation of Utility
Facilities on Mill Street @
Pepper Avenue for Development by
. Linkletter Construction, Inc.
(RP 89-401
From:
ROGER G. HARDGRAVE
Dapt:
Public Works/Engineering
Synopsis of Previous Council action:
None.
Racommended motion:
Adopt resolution.
cc: Shauna Edwins
Jim Penman
a
Ward:
5025
3
Contact person: Roqer G. Hardqrave
Staff Report,
Supporting data attached: Resolution & Aqreement
Phone:
FUNDING REQUIREMENTS:
Amount: N / A
Source: (Acct. No.) N/A
(Acct. Descriotion) N/A
Finance:
Council Notes:
75-0262
Agenda Item No
_,,!)_~IIJJ .
CITC>OF SAN BERNARDIIG - REQUEO FOR COUNCIL Ac10N
STAFF REPORT
On October 5, 1989, Linkletter Construction, Inc.
received approval from the Development Review Committee to
construct a multi-tenant shopping center at the southeast corner
of Mill Street and Pepper Avenue. Condition of Approval No. 66
requires that existing power poles owned by Southern California
Edison Company along Pepper Avenue be relocated to accommodate
the street widening.
Southern California Edison Company has determined they
have prior rights, due to their acquisition of a utility
easement before the street easement was granted. Therefore,
they are requiring that the City execute the a~tached Agreement,
which provides for an easement to perpetuate their prior rights
at the new location. Since the Developer is widening Pepper
Avenue to its ultimate configuration, we see no problems for the
City in continuing SCE's prior rights. If further relocation
might happen to be required in the future, it would have to be
done at the City's expense. However, this is a remote possi-
bility.
The agreement also provides that the City will pay all
relocation costs. Linkletter Construction, Inc. has assumed
responsibility for paying all costs incurred in connection with
this relocation by conditions of approval for their development.
Therefore, there will be no cost to the City for relocating
Edison's facilities to clear the street improvements constructed
by this development.
We recommend authorization be granted to execute the
Joint Use Agreement.
12-18-90
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY, A CORPORATION, RELATING TO RELOCATION OF POWER
POLES AT THE SOUTHEAST CORNER OF MILL STREET AND PEPPER AVENUE IN
CONNECTION WITH REVIEW OF PLANS NO. 89-40 (LINKLETTER
CONSTRUCTION, INC.).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute, on behalf of said City, a Joint Use Agreement with
Southern California Edison Company, a Corporation, relating to
relocation of power poles at the southeast corner of Mill Street
and Pepper Avenue in connection with Review of Plans No. 89-40, a
copy of which is attached hereto marked Exhibit "A," and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. This resolution 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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12-18-90
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RESO:
AUTHORIZING EXECUTION OF JOINT USE AGREEMENT WITH
SOUTHERN CAL~NIA EDISON ~ANY RELATING TO RELOCAT~
OF POWER POLE~AT MILL STREE~AND PEPPER AVENUE.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 _day of
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
, 1991, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
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MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
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December 4, 1990
~~Cl.:"
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~l.Nvo 0187:
REAL PROPERTIES AND ADMINSTRATIVE SERVICES
J. BURNS
INLAND DISTRICT
SUBJECT: Electric Service (Relocation)
Linkletter Construction Inc.
Located at 505 S. Pepper Avenue
Work Order No. 6131-6729/J-6737
RP File 902074/631SS
Enclosed is a Joint Use Agreement to be entered into between the City of
San Bernardino and The Southern California Edison Company. .
Please have this Joint Use Agreement executed and notarized by the
appropriate parties and return both copies to me along with with any
council minutes or resolution pertaining to this matter. A copy will be
provide to the City after recordation.
Linkletter Construction Inc. has assumed all costs in connection with this
relocation.
I am available at PAX 11308, should you have any questions.
" / . )
---,.--t." -J1~.:d 7/.;)/
OONNY SMll'I-1"" - .::
LAND SERVICES DIVISION
EASTERN REGION - ONTARIO
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RECORDING REQUESTED BY
DUU~ CALI~IS&W CCMPAD'
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llIIER IlBCOKDBIl MAIL TO
Suu~ CALIJOmrU. _1..- CDlPU'!'
P.O. BOX 410
LORG BEACB, CA gOIOl
ATTl" RBAL PROP. AlII> AMIR. SBR..
SPACE MINE THIS UIIE FOR IECOIDEI'S USE
JOIIIT USE AGREEMENT
. / THIS AGREEMEIIT. made and entered into this tf)J#> day
of /VP"E""~,,, ,192e-, by and between SOUTHERH CALIFORNIA EDISOII
COMPANY. a corporation, hereinafter called .Company., and the CITY OF
SAIl BERNARDIIIO, a municipal corporation of the State of California,
hereinafter called .City.,
!!!l:rIlE~~E:rH
THAT WHEREAS Company is the owner in possession of certain
rights of way and easement(s) for electrical facilities by virtue of
the following easement rights:
That certain Grant of Easement from Manuel O. Martinez and Ava
Charlene Martinez to California Electric Power Company, a corporation,
recorded June 6, 1956 in Book 3956, page 240 of Official Records, in
the office of the County Recorder of San Bernardino, hereinafter
referred to as .Company's Easement-; and
WHEREAS City has acquired easement rights for street and
highway purposes for the construction and/or improvement of Mill
Street, in said City, County of San Bernardino, State of California,
hereinafter referred to as .highway right of way., as shown on the
print attached hereto. marked .Ezhibit A. and hereby made a part
hereof which said highway right of way is subject to Company's
easement; and
WHEREAS Company'a 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 interference or
obstruction;
IIOW, THEREFORE, in consideration of the
mutual covenants herein contained, Company and City
follows:
premises and the
do hereby agree as
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-, and shown and designated as . area in
Joint Use Agreement- on said print marked -Exhibit A-.
City hereby agrees to pay for the total actual cost of
relocation incurred by Company for relocating its facilities from
Company's easement and reconstructing the same in the new location,
including, but not limited to, the cost of acquiring any easements or
rights of way over private property.
In consideration of the payment to Company of the cost of
relocation as aforesaid, and upon acquisition of any and all easements
over private property as may be required for the relocation of
Company's facilities to the new location, Company agrees to rearrange,
relocate and reconstruct within said new location, any of its
facilities heretofore or now installed pursuant to Company's easement
wi thin said highway right of way. Company hereby consents to the
construction, reconstruction, 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 sUbject to the terms and conditions herein contained.
EXHIBIT -A-
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Joint Use Agreement
S.e.E.Co., . corp., to
City of San Bernardino,
a municipal corp,
Serial RO. 61427A
City acknowledges Company's title to Company's easement 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 uae, 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, Ezcept in emergencies, Company shall give
reasonable notice to City before performing any work on Company's
facilities in said new location where auch work will obstruct
traffic. In all cases, Company shall ezercise due care for the
protection of the traveling pUblic.
In the event that the future use of said highway right of way
ahall at any time or times necessitate a rearrangement. relocation.
reconstruction or removal of any of Company's facilities then ezisting
in said new location, and City shall notify Company in writing of such
necessity and agree to reimburse Company 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 ezercise due care for the
protection of the traveling 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
subsequent relocation of Company's facilities within said highway
rights of way, (2) provide ezecuted 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 ezpend to
acquire such easement or easements, provided it is mutually agreed in
writing that Company shall acquire such easement or easements,
Ci ty agrees to reimburse Company for any loss Company may
suffer because of any lack of or defect in City's title to said new
location or any aubaequent location within aaid highway right of way,
or in the title to any easement provided by City 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,
Ezcept as ezpress1y set forth herein, this agreement shall not
in any way alter, modify or terminate any provision of Company's
easement. Both City and Company shall use said new location 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 which Company or City may now
have or may hereafter acquire resulting from the construction of
additional facilities or the alteration of ezisting facilities by
ei ther 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 be 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
ezpense.
Company shall have the right to trim or top any tree or trees
which may grow in said new location in said highway right of way, and
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Joint use Agreement
S.C.E.Co., . corp., to
City of San Bernardino.
a municipal corp.
Serial Ro. 6l427A
which in the opinion of Company may endanger or interfere wi th the
proper operation or maintenance of Compsny's facilities, 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 successors and
assigns.
IN WITNESS WHEREOF.
agreement to be executed in
thereunto duly authorized. as
written.
the parties hereto have caused this
duplicate by their respective officers
of the day and year herein first above
SOUTHERN CALIFORNIA EDISOR COMPANY
By t1xf~~
c. S. Brooks
Regional Manager
Land Services Division
Real Properties and
Administrative Services
Approved as to form
and legal content:
CITY OF SAN BERNARDINO. a
municipal corporation
James F. Penman
City Attorney
By
By
Attest:
STATE OF CALIFORNIA )
COUNTY OF ~ & -. Jo< A.._"d l ss.
On this o1S'::!' day of kQ:;y,~""" . 19~.
before me. a Notary Public in and for said State. personally appeared
c. S. Brooks, personally known to me (~r ,ra.e4 ~a me eft \ke sasis af
DB~il!lfaet8f~ e. ilianee) to be a Regional Manager of the Land Services
Division of Real Properties and Administrative Services of Southern
California Edison Company, the corporation that executed the within
instrument, personally known to me (...... r.:~.aa ~e me 1ft '-AS &Iuil ~f
~GL':'...!4...Lo~)I (...:a~..~..:.) to be the person who ezecuted the within
instrument on behalf of the corporation herein named, and acknowledged
to me that such corporation ezecuted the same, pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
xf
'. OfFICIAL SEAL
MO_ G SMITH
. NOTARY P'JBl.IC - CAUFO:!NIA
LOS MQEU!S 0DUffTY
, IIrCOlllll......Y2t.l993
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Joint use Agreement
S.C.E.Co., . corp., to
city of san Bernardino.
a municipal corp.
Serial Ro. 61427A
STATE OF CALIFORRIA
COUNTY OF
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)
On this day of . 19_.
before me. a Notary Public in and for said State. personally
appeared . personally
known to me (or proved to me on the basis of satisfactory evidence) to
be the . and .
personally known to me (or proved to me on the basis of satiafactory
evidence) to be the of the city of San Bernardino.
the municipal corporation that executed the wi thin instrument. and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS my hand and official seal.
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LOT 11~ OWN OF IAL TO
6K. 4 FC:;. 11
RECORDS OF SAN 6ERNARDINO
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~ MILL ST. I
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ULT. STREET R/W
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EXHIBIT "A"
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AREA IN JOINT USE WITH
CITY OF SAN BERNARDINO
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100
SCALE IN FEET
200
PROJECT NAME: HIGHGROVE - PEPPER 1 15KV T L
ENG. MPG. TECHNICIAN: GLEN BARNES ANALYST: ~ ...~,,'
lAND RIGHTS EXAMINER: DON BYRD ANALYST:
SURVEY CHIEF' OF PARTIES:
DATE: 10/11/11190 .
J.O. 8718 DOTS 1.0.025119
CITY: SAN BERNARDINO
COUNTY: SAN BERNARDINO
M.S. 55-101
SERIAL: 61427A
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~ Southern California Edison Company
f1'- Name: GKB8718.DW(