Loading...
HomeMy WebLinkAboutReso. 1988-257 - Approving the encroachement agreement between the city of redding and the anderson-cottonwood irrigation district , , .,, • 0 RESOLUTION NO. POQ©-.Z5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE ENCROACHMENT AGREEMENT BETWEEN THE CITY OF REDDING AND THE ANDERSON-COTTONWOOD IRRIGATION DISTRICT DATED JULY 21 , 1988 , AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of I Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Encroachment Agreement dated July 21 , 1988 , between the City of Redding and the Anderson-Cottonwood Irrigation 1 District, a true copy of which is attached hereto and I incorporated herein. 2 . That the Mayor of the City of Redding is hereby I authorized and directed to sign said Agreement on behalf of the City Council of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at ankedguiar dmeeting of the City Council of the City of Redding on the 26th day of July , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Carter ABSTAIN: COUNCIL MEMBERS : None r ,l 4: 7.,,, "-). 6:7_, _ . . ,e K.% MAURICE JOHANNESSEN, Mayor City of Redding i ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RA 'DALL A. HAYS , 'City Attorney kli NI 411 ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into as of the 21st day of July , 1988 , by and between the CITY OF REDDING, hereinafter referred to as "City, " and the ANDERSON-COTTONWOOD IRRIGATION DISTRICT, hereinafter referred to as "ACID" : WITNESSET H: WHEREAS, City desires to construct a 24-inch irrigation line that will run over and under ACID facilities at locations in the City of Redding shown on Exhibit "A" attached hereto and incorporated herein by reference, and has requested the permission of ACID to encroach on its right-of-way; and WHEREAS, it has been determined that this project is categorically exempt from the provisions of the California Environmental Quality Act; NOW, THEREFORE, the parties hereto agree as follows: ACID hereby grants, without consideration, the right to City to install, operate, and maintain, at its sole responsibility, cost, and expense, a 24-inch ductile iron pipe for water trans- mission purposes as shown on Exhibit "A" attached hereto, in the following manner and subject to the following terms and conditions, all of which City agrees to abide by and faithfully perform: 1 . Said work shall be done carefully and in such a manner that no damage whatsoever shall result to the facilities of ACID. • • 2 . In doing such work, City shall in no way hinder or interfere with the conveyance and distribution of water in said facilities by ACID, and that said work or installation shall be completed by City before August 31 , 1988 . 3 . It shall be the responsibility of City, at its cost, to maintain said pipe crossing and pipe line, and City shall be responsible for and hold ACID free and harmless from all damages that might result from the crossing and disturbing of ACID facilities. 4 . Inasmuch as this Agreement is made without charge by ACID, and in consideration thereof, it is agreed that all of the foregoing work shall be done under the supervision of and in the manner approved by the Superintendent of ACID. City agrees to notify ACID as to when it will be in the process of installing said pipe in order that ACID' s Superintendent may be present to inspect and approve or reject the work being done. 5 . The parties hereto agree that failure of City to complete construction and installation of said water line and all work appurtenant thereto prior to August 31 , 1988 , shall interfere with ACID' s use its facilities in such a way as to cause damage to ACID by prohibiting ACID from fully utilizing its water distribution and conveyance facilities . The parties hereto understand and agree that the damage caused ACID by City' s failure to complete the construction and installation of the water line prior to August 31 , 1988 , is not capable of being determined and is unascertainable as of the date of entering into -2- 4 • • • 411 this Encroachment Agreement. Due to the parties ' inability to determine and ascertain damage, the parties agree that City shall pay to ACID, as fixed, agreed, and liquidated damages, the sum of One Hundred Dollars ($100 . 00) as and for each calendar day that ACID cannot fully utilize its facilities. 9. The parties hereto agree that the terms and provisions contained herein comprise the entire agreement of the parties, and may not be altered, amended, or modified except by the prior written consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF REDDING By: K. MAURICE JOHANNESSEN, Mayor ANDERSON-COTTONWOOD IRRIGATION DIST'IC By: Bf y: ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -3- • . I,,,l; -y/ /� �� T -----1....../i. — r; .— `.,� t, Jit__ /vas 7 /7<;----.7.71-1 .,\''.,4 _4 it . , ,.... . .. .. .. .. J 1'7—-Nie nri i ( ! lit ir„ ii / i'mkit wr _ ( ti._ ,„ • Mill MI ` Jill , will " *i* ' s'. `„ ‘\- Ti-.\:0_1,.nus n .! '� ft �1 4 \VI G HEFT, ''i • , ` _ , N. ..,Z s i T -21 ir • � i • I• t `i SiiiIC .11 - 1 I IMPIP v_ li -\ 1[1: r Ail - NE it 40 i I 11 1 1 _ iii 11 , •.,I I •F'' i i .,. .. ' ` ,„i li .-1.-I _� . iII_ - a ,:� _ i1] -- i _- __ Ili .- — f .- I 1 • t tithJ tI ' � 1 Q i . �N ' iial --r_.-7. \ t UI I6nt �i�i �I,L.. 1 -. 1 7 Io 1 . - ... , Vbe ! ot (1 i , I • t i i_ t e • •