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CITQOF SAN BERNARDIC -
Dept:
City Attorney
REQUE()" FOR COUNCIL AC'Q)N
Subject: Agreement with California ~
Edison Company - Relocation of
Power Lines - Auto Center SEIP
From:
Ralph H. Prince
Date: April 23, 1987
Synopsis of Previous Council action:
7/21/86
Council adopted a motion approving the relocation of
the power lines on the northerly/westerly side of
Orange Show Road, westerly of the 1-215 Freeway,
subject to final approval of plans by the Director of
Public Works/City Engineer; and that the Mayor be
authorized to execute a joint use agreement with
Southern California Edison for said purpose, in form
approved by the City Attorney.
Recommended motion:
Adopt resolution.
/(;~ ~~~~
Signature
Contectperlon: Ralph H. Prince
Supporting data attached: Yes
Phonal
5255
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
RATIFYING THE EXECUTION OF A JOINT USE AGREEMENT WITH
CALIFORNIA EDISON COMPANY RELATING TO THE RELOCATION OF POWER
LINES ON THE NORTHERLY/WESTERLY SIDE OF ORANGE SHOW ROAD,
WESTERLY OF THE 1-215 FREEWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. On July 21, 1986, the Council adopted a motion
8 approving the relocation of the power lines on the northerly/
9 westerly side of Orange Show Road, westerly of the 1-215
10 Freeway, subject to final approval of plans by the Director
11 of Public Works/City Engineer; and further that the Mayor
12 be authorized to execute a joint use agreement with Southern
13 California Edison for said purpose, in the form approved by
14 the City Attorney.
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The execution by the Mayor of the City of
SECTION 2.
San Bernardino on behalf of said City of a Joint Use Agreement
with California Edison company relating to the relocation of
power lines on the northerly/westerly side of Orange Show Road,
westerly of the 1-215 Freeway, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length, is hereby
approved and ratified.
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
, 1987, by the following vote,
to wit:
. . . . .
. . . . .
4/23/87
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AYES:
Council Members
3 NAYS:
4 ABSENT:
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6 City Clerk
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The foregoing resolution is hereby approved this
day
8 of
, 1987.
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10
Mayor of the City of San Bernardino
11 Approved as to form:
~' ') ...j) V
~ ,'P& ,f./rA~-?
13 Cl ty torney
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4/23/87
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: . 'Rlt~O"DING REQOED BY
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~ South.rn C.llfo'nl. Edllon .Company
WHEN RECO'U'ED MAIL TO
t ~ South.," California Edieon Company
au." ...'IU
S~ACE AaoVI: THIS LINE "OR RECORDER'. USI:
_IITAIf ...... TII t
_ 01 flU ,11II" ~ CllmD,
OIC1_OIflUUlHlIIIUDSIII
DleI... ...... aT TIll . SILt
II. CAlIf, DIIII CO,
......."....... ..CUl.....".. _...... ..,......._ ""N. "... ......
JOINT USE AGREEMENT
THIS AGR"'NT, made and entered into tllio L""-day
of W" ,'J J, 19 ,by and between SOUTHERN CALIFORNIii"'iOISON
COM t a corporation. hereinafter called Nea.panyll. and the
CITY OF SAN BERNARDINO. a Dunicipal corporation of tile State of
California. hereinafter called "City".
!f 1 I !!! 1 ! ! 1 I Ii:
THAT WHEREAS Company is' tile owner in possession of
certain riqllts of way and easeDentes) for electrical facilities
by virtue of the followinq ea..ment riqhts:
That certain qrant of easement to Southern California
Edison Company, a corporation. recorded December 4. 1925 in Book
43, paqe 209 of Official Records, in the office of the County
Recorder of the County of San Bernardino. State of California.
hereinafter referred to as "Companyls Easement"; and.
WHEREAS City lias acquired easement riqllts for street
and lIiqllway purpos.. for tile construction and/or illprovement of
Oranqe SlIow Road in said City . County of San Bernardino, State
of California, lIereinafter referred to as "lIiqllway riqllt of
way". a8 shown on the print attached hereto. marked "Exhibit A"
and lIereby Dade a part lIereof wllicll said lIiqllway riqllt of way is
subject to Company's easement: and
WHEREAS Companyls 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 IIi qllway , and City desires to eliminate such
interference or obstruction;
NOW THEREFORE. in consideration
the mutual covenants herein contained.
hereby aqree as follows:
of tile
Company
premises and
and Ci ty do
The location of Company's easement insofar as it now
lies witllin the said lIiqllway riqllt of way, be. and it lIereby is,
chanqed to tile strip of land witllin said lIiqllway rigllt of way,
hereinatter referred to as "new location". and shown and
designated as Ilarea in Joint Use Agreement" on said print marked
"Exhibi tAl'.
Company agrees to rearrange. relocate and reconstruct
witllin said new location. any of its facilities lIeretofore or
now installed pursuant to Company's easement witllin said lIigllway
riqllt of way. Company lIereby consents to tile construction,
reconstruction. maintenance or use by City of a street or
lIiqllway over, alonq and upon CODpany's easement, botll in tile old
location and in tile new location witllin said lIiqllway tiqllt of
1:.\::....
"
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Joint Use Aqreement
S.C.E.CO.. a COt., and the
City of San Sernardino.
a municipal corp. of t~e
State of California
serial No. ~8S06A
way. upon and subject to the terms and conditions ~erein
contained.
City acknowledges Company's title to Company's
easement in said new location and the priority of Company'.
title over the title of City in said new location. Company ~as
and r...rv.. the right and ....e..nt to use, in co_on with the
pUblic's use of said street or hlqhway, said new location for
all of the purposes for Which COllpanyls ease..nt waa acquired,
without need for any further permit or permission from City.
Except in emergencies, Company shall give reasonable notice to
City before performinq any work on Company'e facilities in said
new location where such work will obstruct traffic. In all
cases, Company ehall exercise due care for the protection of the
travelinq public,
In the event that t~e future uee of said hiq~way right
of way shall at any time or times nec...itats a rearranqement.
relocation. reconstruction or removal of any of Company.,s
facilities t~en existinq in said new location, and City s~all
notify Company in writing of such nec..sity and aqree to
reimburse Company on demand for its costs incurred in complying
with suc~ notice. Company will provide City wit~ plans of its
proposed rearranqement and an estimate of the COlt thereof. and
upon approval of suc~ plans by City. Company will promptly
proceed to effect such. rearranqement. relocation. reconstruetion
or removal. Company shall exercise due care for the protection
of the travelinq public. No further permit or perllission from
City for such rearrangement. relocation or reconstruction shall
be required and City will (1) enter into a Joint Use Agreement
on the same term. and conditions as are herein set forth
c'over inq any such subsequent reloca tion of Company'. f aci 1 i ties
wit~in said ~ighway rio;r~ts of way, (Z) provide executed
document(s) guntinq to Company a good and sufficient easement
or easemente over private property if necessary ro replace
Company's ea..ment or any part thereof. and (3) reimburse
Company for any costs w~ich it may be required to expend to
acquire such easement or easements. provided it is mutually
aqreed in writinq that Company shall acquire such easement or
easements.
Ci ty agrees to reimburse Company for any loss Company
may sutter because of any lack of or defect in City" title to
said new location or any subsequent location within said highway
riq~t of way, or in t~e 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 s~all reimburse
Company for the cost of relocatinq its facilities and any other
reasonable costs arising therefrom. such as. but not limited to.
costs to acquire any riqht of way required for such relocation.
City s~all not reimburse Company for any loss caused by
Company's own fault or neqliqence.
Except as expresely set forth ~erein. this agreement
shall not in any way alter. modify or terminate any provision of
Company's easement. Bot~ City and Company shall use said new
location in such a manner as not to interfere unduly with t~e
rights of t~e other. Not~inq ~erein contained s~all be
construed as a release or waiver of any claim for compensation
or damages which Company or City may now have or may ~ereafter
acquire resultinq from the conetruction of additional facilities
or the alteration of existino;r facilities by eit~er City or
Company in such a manner as to cause an unreasonable
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Joint use~reement c:>
S,C.E,Co" a corp" and the
City of San Bernardino,
a munlclpal corp, of the
State of Callfornla
Serial No. 58506A
o
interference with the use of said new location by the other
party. City aqre.. that Co.panyls facilities shall not be
damaged by [ea80n of the construction. reconstruction or
maintenance of said street or highway. by the City or its
contractou, and that. if neceuary, Clty 01111 protect Company's
facilltle. aqalnst any such damaqe. at City'S expense,
Company shall have the riqht to trim or top any tree
or trees which may qrow in said ne.. location in said hiqhway
r iqht of way. and which in the opinion of Company may endanqer
or interfere with the proper operation or maintenance of
Company's facilitie.. to the extent nece..ary to prevent any
such interference or danqer.
This aqreement shall
bindinq upon the Company and
successors and asslgns.
inure to
the Ci ty
the benefit of and be
and their respective
IN WITNESS WHEREOF, the parties
this aqreement to be executed in duplicate
officers thereunto duly authorized. as of
herein first above written.
hereto have caused
by their respective
the day and year
SOUTHERN CALIFORNIA EDISON COMPANY
By
R.~R7
Manager ot
Real Properties Department
tzi~,
~,~.~
By
No/lJ, &;"(/LV'-l
C"-, ;-J1 ~-Yf)~
Attest:~~~_
oS J/t(/tJ~ ('/-"',fl:', C,"'Y C/~~
STATE OF CALIFORNIA )
) u,
COUNTY OF LOS ANGELES )
On thiB .t!::5:..~day of ~",.'''j . 194>7, before me, a
Notary Public in and for 8ai State. personally appeared R. J.
Juliff. personally known to me ~.. Jf......vd ioU u... v.. tB4 basis sf
I.tilt.eta!} 4...iA&Il..) to be Manaqer of. the Real Properties
Department of Southern California Edison Company, the
corporation that executed the within instrument. personally
known to .e (81 pfa... ta do.. vu Ll.. ~41il vf '4ti..f__t6lY
Ini ..........~ to be the person who executed the within instrument on
behalf of the corporation herein named. and acknowledqed to me
that such corporation executed the 8ame. pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal,
~,;I< ..d. ~~1 d7
. OFFICiAl SEAl
L!L Y 0, PLUNKETT
Nola.... Public . Calltornla
PRINeIP,", OfFICI IN
LOS ANGElf:S COUNT\'
M COMMISSION EXPIRES JUNE 5. 1919
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Joint U.. Agreement
S.C.E.Co.. a corp.. and tn.
City of San Bernardino.
a aunicpal corp. of the
State of California
serial No. S8506A
STATE OF CALIFORNIA )
-~ D )
COUNTY OP -~--.:.~ \::E~""~Q"""t\.10)
On this 2!:h-.. day of \\w.._ . 19.12.-. before
ae. a Notary Public in and for said State. personally
appeared E:,JL.."'iN. ~.~.h\...:..o J.. t personallY known
to ae (or proved to ae on the basis of_satisfactory evidence) to
be die .^h~ "'Q.. and '-_'N.~...)\'J~ ~\L .
personally known to ae (or proved to ae on the basis of
satisfactory evidence) to be the '-,...~ :"-""'''' of
the City of san Bernardino. the aunicipal corporation that
executed the within instruaent. and acknowled;ed to ae that they
executed the .a.e on behalf of .uch aunicipal corporation.
...
WITNESS,ay hand and official .eal.
C"' ~..--L_.'4
_. """",,..~ .........;~ ,--........
. ,;)FFICIAL SEAL
SHERRY RYAN PUTNAM
NOTARY PUBLIC. CALIFORNIA
, ORANGE COUNTY
A !ly comm. ~)"pires AUG 9. IgS!
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