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HomeMy WebLinkAboutRes -1558 - Consent to Common Use AgreementRESOLUTION NO. 1558 A RESOLUTION OF THE BOARD OF DIRECTORS OF TF.[E EAST SAN BERNARDINO COUNTY WATER DISTRICT AUTHORIZING EXECUTION OF "CONSENT TO COMMON USE AGREEMENT" NO. 1076(1) WITH STATE OF CALIFORNIA, DEPT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, REGARDING DISTRICT EASEMENT BE IT HEREBY RESOLVED by the Board of Directors of the East San Bernardino County Water District as follows: WHEREAS, an Agreement has been prepared by and between the State of California, Department of Public Works, Division of Highways and the East San Bernardino County Water District wherein and whereby both parties agree to the terms, conditions and all pertinent matters set forth in said "Consent: To Common Use Agree- ment" relating to District's easement in Pumalo Street and Sterling Avenue. WHEREAS, it appears 'to be in the best interest of the East San Bernardino County Water District and the State of California, Department of Public Works, Division of Highways, to execute said "Consent To Common Use Agreement"; NOW THEREFORE BE IT RESOLVED, that the President and Secretary be and they are hereby authorized, directed and empowered to execute on behalf of the East San Bernardino County Water District the Consent to Common Use Agreement above referred to in the form and manner as presented to the Board of Directors on BE IT FURTHER RESOLVED that the Secretary of said District, be and he is, hereby authorized and directed to attach a certified copy of such resolution to said Agreement and to transmit same to the County Recorder of San Bernardino County for recordation and file in the records of the District. * •* The foregoing resolution was duly adopted at a Regular Meeting of the Board of Directors of the East San Bernardino County Water District upon motion made, duly seconded and carried unanimously on * ~ EAST SAN BERNARDINO COUNTY WATER DISTRICT STATE OF CALIFORNIA ) )ss COUNTY OF SAN BERNARDINO ) I, Harold G. Rickert, Secretary of the Board of Directors of the East San Bernardino County Water District, do hereby certify that the foregoing is a true and correct copy of a resolution that was adopted and entered in the Minutes of the Board of Directors of said District at a Regular Meeting he f/, ~~., s> Secretary, Board of Directors f / ' `l ,j Raymond E. Stallwood, President Board of Directors FOflM R/W-08•I (ncv. i3•sf1 (SHLET 1 OF ~ SHEETS) DIST. CO. RTE. SEC. 08 SBd 30 27.3 Docttment No. 1076_(1) CONSENT TO COMMON USE AGREEMI+,N'P THIS AGREEMENT, entered into this________________day of__________________________~, 19~, by and between___ EAST SAN BERNARDINO COUNTY WATER DISTRICT , :hereinafter called "Company," and the STATE OF CALIFORNIA, acting by and through its Department of Public Works, Division of Highways, hereinafter called "State," WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and easements, hereinafter referred to as "Company's easement," and described as follows: Easement recorded March 16, 1966 in Book 6589, Page 616 of Official Records in the office of the County Recorder of the County ___ . __- of San .Bernardino;.. __. and WHEREAS, State has acquired certain lands for highway purposes in the vicinity of_Sterlin~__ ~venue_ and Pumalo Street _-, County of~ San_BgxnardinQ__________________, on State Road____.__08-~Ed_3.0_________________________________.____________, hereinafter referred to as "highway right of way,' and YT....)..... ,,....M ©.., AGREEMENT - -2- CCUA 1076(1) FO0.M F/W-30.1 IREV. 12.4]7 VPHEREAS, the highway right of way occupies a portion of Company's easement and is subject to saki easement which said portion is hereinafter referred to as "area of common use," and is described as follows: A strip of land 15 feet in width as shown on the map attached hereto and made a part of this Agreement. 1Vow, THEREFORE, Company and State hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by State of a highway over, along and upon Company's easement in the area of common use upon and subject to the terms and conditions herein contained. •.r. aan. nua ~-w aR sro Rwoonw,nwbe~.~.....na.a•, . ~ CCUA 1076(1) . AGREEMENT ~ -9- Ronw tt/w.aa•t tn¢v. Is.e~t 2. State acknowledges Company's title to Company's easement in said area of common use and the priority of Company's title over the title of State therein. Company has and reserves the right and easement to use, in common with the public's use of said highway, said area of common use for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from State. Except in emergencies, Company shall give reasonable notice to State before ;performing any work on Company's facilities in said area of common use where such work will be per- formed in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all cases, Company shall make adequate provision for the protection of the traveling public. ~\?. 1\0\. \\.l\ \..\ \M O •10 • l~GREEMENT _q_ riCUA 1076(1) FOgM R/W3B•1 (q[V. fII•/7) ;. Company shall not in the exercise of its rights under its easement pass through or over the freeway fence(s) constructed by State across company's easement except in emergencies or when necessary to permit the construction, reconstruction or replacement of eampany's facilities. [sY. i.1Y. tttl0 t.st tM O tl'O • cccrn 1076 (1) • AGFtF:EMENT -5- vonw a/w.ae4 rocv. izmvl 4. In the event that the future use of said highway shall at any time or times necessitate a rearrange- ment, relocation, reconstruction or removal of any of Company's facilities then existing in said area of common use and State 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 State with plans of its proposed rearrangement and an estimate o£ the cost thereof and, upon approval of such plans by State, Company will promptly proceed to effect such rearrangement, relocation, recon- struction or removal. Company shall make adequate provision for the protection of the traveling public. No further permit or permission from State for such rearrangement shall be required and if such rearrangement shall require the relocation of any of Company's facilities outside of said area of common use, State will (1) enter into the standard form of joint use agreement covering the new location of Company's easement within the highway right of way, (2) provide executed document(s) granting to Company a good and su$cient easement outside of the highway xight of way if necessary to F•eplace Company's easement or any part thereof, and (3) reimburse Company for any costs it may be required to expend to acquire such easement, provided it is mutually agreed in writing that Com- pany shall acquire such easement. S. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both State and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or State may now have or may hereafter acquire resulting from the construction of additional facili- ties or the alteration of existing facilities by either State or Company in such a manner as to cause an unre<~sonable interference with the use of said area of common use by the other party. EET. 1110. Illfl ~~301N Q E.O : CCUA 1076(1) l~CiREEMENT -8- . Fonw n/W-aa•f Inev. a-eot 6. Txls AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WTCNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective o$cials thereunto duly authorized. EAST SAN BERNARDINO COUNTY WATER DISTRICT By-----•-•--------------------- --- STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS JAMES A, MOE Direcwr of Public Works Deputy Duector .RECOMMENDED FOR APPROVAL: State Highwaq Engincer Atsi+tant Chief Aight o£ Way Agwt, Divirion of Highway{ APPROVED AS TO FORM AND PROCEDURE: Attorney, D<partmtnt o£ Yublic Work{ :iTATE OF CALIFORNIA ) J} u. COUNTY OF SACRAMENTO On this-------------------------__day of__-__.____---_-_-_-__._---------------------------_--~ 19---_._--, before me, the undersigned, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly commissioned and sworn, personally appeared---------------------------------------------------------- known to me to be the--------_----- Director of the Department of Public Works of the State of California, described in and that executed the within inscru- rneet, and also known to me to be the person who eaecuted the same on behalf of the State of California therein named and he acknow]edged to me that the State of California executed the same. 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