HomeMy WebLinkAbout97-123 CC ResolutionRESOLWrION NO. 97-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMF_L~LA APPROVING THAT CERTAIN "RIGHT OF
ENTRY AND TEMPORARY CONSTRUCTION
AG~" BETWEEN THE CITY OF TEMECULA AND
ELECTREND, INC.
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RF3OLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the design of the
improvements for the 1-15/Highway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the realignment of streets near the
property owned by Electrend, Inc.
C. As part of the construction of the street improvements it is necessary for the
City to obtain a right of entry for temporary construction use of the property designated
in the attached agreement.
D. Acceptance of the right of entry for temporary construction purposes
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temecula hereby approves that certain
"Right of Entry and Temporary Construction Agreement' between the City of Temecula and
Electrend, Inc. attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said
Agreement on behalf of the City in substantially the form of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the implementation of the Agreement
described in Section 2.
Rcaoa\97-123 1
PASSED, APPROVED AND ADOPTEI~ by the City Council of the City of Temecula
on the 18th day of November, 1997.
ATrEST:
Patricia H. Birdsall, Mayor
Ju CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 97-123 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 18th day of November, 1997, by the following
vote:
AYES' 5
COUNCILMEMBERS:
Ford, Lindemaas, Roberts, Stone, Birdsall
NOES 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS' None
June S. Gree~-,, ~L-~V[C/AAE
City Clerk
Resos\97-123 2
EXHIBIT "A"
CITY OF TEMECULA
(Herein referred to as 'City'), and
ELECTREND, INC.
(Herein referred to as 'Grantor')
Project: 1-15/Hwy 79 - South Interchange
A.P.N.: 922-110-029 and 922-110-030
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT
1. The right is hereby granted City to enter upon and use the land of Grantor in the County
of Riverside, State of California, described as:
.
.
.
.
APN 922-110-029 and 922-110-030, highlighted on the map attached hereto, and made
a part hereof
for all purposes necessary to facilitate and accomplish the construction of the I-15/Hwy
79 - South Interchange Project.
A fourteen (14) day written notice shall be given to Grantor prior to using the rights herein
granted. The rights herein granted may be exercised for twelve (12) months after the
fourteen (14) day written notice, or until completion of said project, whichever shall be
sooner.
It is understood that the City, and/or its contractors or agents may enter upon Grantor's
property where appropriate or designated for the purpose of getting equipment to and from
the easement area. City and/or its contractors or agents agree not to damage Grantor's
property in the process of performing such activities.
The right to enter upon and use Grantor's land includes the right to remove and dispose
of real and personal property located thereon. Grantor reserves the right to remove
salvable real and personal property on or before the expiration of the fourteen (14) day
written notice. If said property is not removed in its entirety at Grantor's expense, on or
before said date for any reason whatsoever, the right to remove said property shall
terminate and said property will become property of City to dispose of at its discretion.
City, its employees, contractors, and/or agents shall relocate existing light fixtures, guard
posts, air pumps and/or valves and telephone facilities to an alternate location to be-
provided or specified by Grantor. Said alternate location shall be reviewed and approved
by City.
Existing landscaping, including, but not limited to shrubs, trees, and irrigation lines, on
Grantor's property may be affected by project construction. Said landscaping shall either
be replaced in like kind by City after completion of construction under separate contract;
or shall provide sufficient funds, as negotiated between City and Grantor, to Grantor to
replace existing landscaping affected by construction.
Full access shall be maintained at both existing accesses to Grantor's land at all times
without impedance.
FI:~MT~LDA~ T~E[ECTREN .AG~I~
m
.
.
10.
11.
12.
Iil
III
III
At the termination of the period of use of Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use, will be removed and the surface
will be graded and left in a neat condition.
Grantor shall be held harmless from all claims of third persons arising from the use by City
of Grantor's land.
Grantor hereby warrants that it is the owner of the property described above and that it
has the right to grant City permission to enter upon and use the land.
This agreement is the result of negotiations between the parties hereto. This agreement
is intended by the parties as a final expression of their understanding with respect to the
matters herein and is a complete and exclusive statement of the terms and conditions
thereof.
This agreement shall not be changed, modified, or amended except upon the written
consent of the parties hereto.
This agreement supersedes any and all other prior agreements or understandings, oral or
written, in connection therewith.
2 R:~'kGMTS~DAGMT~"~LECTREN.AGR/Mi~
13. Grantor, its assigns and successors in interest, shall be bound by all the terms and
conditions contained in this agreement, and all parties thereto shall be jointly and severally
liable thereunder.
Date: . ,. ...
ELECTREND, INC.
By: ~
CITY OF TEMECULA
Patricia H. Birdsall, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
Dated: