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HomeMy WebLinkAboutReso. 1986 - 018 - Approving two encroachment agreement between the city of redding and anderson-cottonwood irrigation district to construct a 29"X45" oval reinforced-concrete pipe • • • 41 . RESOLUTION NO. SG -1 .1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING TWO ENCROACHMENT AGREEMENTS BETWEEN THE CITY OF REDDING AND ANDERSON-COTTONWOOD IRRIGATION DISTRICT TO CONSTRUCT A 29" x 45" OVAL REINFORCED-CONCRETE PIPE AND A 24" IRRIGATION LINE, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City of Council of the City of Redding as follows: 1 . The City Council of the City of Redding hereby approves the two Encroachment Agreements between the City of Redding and Anderson-Cottonwood Irrigation District regarding the utilization of their rights-of-way to construct a 29" x 45" oval reinforced- concrete pipe and a 24" irrigation line. 2 . The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authprized and directed to attest the signatures of the Mayor and to jimpress the official seal of the City of Redding on the aforesaid documents, when appropriate. 3 . A true copy of the Agreements referred to herein are attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of I 0 , the City of Redding on the 20th day of January , 1986 , and was duly adopted at said meeting by the following tote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None /4ziiaJ62i11tL/ HOWARD D. KIRKPA RICK, Mayor City of Redding ATTEST: p /� , Gfr.�G L.�f . 72-/;e4 ETHEL A. NICHOLS, City Clerk FORM A PROVED: '-' alf5:1-A RAN ALL A. HAYS, ity Attorney -2- t • • ENCROACHMENT AGREEMENT THIS AGREEMENT, made and entered into this d.(L& day of , 1986, by and between ANDERSON-COTTONWOOD IRRIGA- TION DISTRICT, hereinafter referred to as "ACID" , and the CITY OF REDDING, hereinafter referred to as "City" : WITNESSETH: WHEREAS, City desires to construct a storm drain line that will run under the main canal of ACID near the south side of Wyndham Lane (see Exhibit "A") in the City of Redding and has requested the permission of ACID to encroach on its right of way; and WHEREAS, it has been determined that this project is cate- gorically exempt from the provisions of CEQA; NOW, THEREFORE, the parties hereto agree as follolls: ACID hereby grants , without consideration, the right to City to install, operate and maintain, at its sole responsibility and at its sole cost and expense, a 29" x 45" oval reinforced- concrete pipe for storm drain purposes under the main canal of the Anderson-Cottonwood Irrigation District at the above location 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 said canal or its banks and said pipe shall be installed at a depth so that the top of the pipe shall be lower than the existing canal invert at that point. 2. In excavating the trench in . which to lay said pipe, care shall be used so that the excavation through the banks of said canal is no wider than necessary and, where the banks are excavated to permit installation of the pipe across said canal , the banks shall be restored and the trench in which said pipe is laid shall be filled at the point of crossing with non-porous material and tightly compacted to prevent seepage of water. The banks so excavated shall be restored to the full height and strength of the present banks. The material with which the banks of said canal are restored and with which said trench is replaced shall be machine tamped and sufficient backing of said banks shall be added to insure against seepage and breakage at the points at which said banks and floor of said canal are disturbed in installing the storm drain pipe line. The installation shall. be made and the banks replaced and trench filled in such a manner that there will be no reduction in the capacity of the canal as the result of such work. 3. In doing such work, City shall in no way hinder or interfere with the conveyance and distribution of water in said canal by ACID and the said work or installation, replacing of said banks and the filling of the trench made in the canal, shall be completed by City before April 1 , 1986. 4. It is realized that ACID must clean and drag its canal from time to time and City agrees at the time it installs said . storm drain pipe that it will reinforce said crossing and pipe -2- with concrete so that cleaning and dragging of said canal by ACID will not damage said pipe . ACID shall not be responsible for damage to said pipe. 5. 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 shall hold ACID free and harmless from all damages that might result from the crossing and disturbing of said canal and for the replacing of said canal in a condition as water tight and permanent as the same was in prior to City disturbing the same, and further agrees to keep said storm drain pipe line where it crosses said canal in a water tight condition and agrees to be responsible for any damages that might result to users of either party as a result of any damage that might occur by reason of a leak in said storm drain pipe line. It is under- stood that sometime in the future it is entirely possible that water served through said canal will be used for domestic pur- poses. 6. 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. 7. The parties hereto agree that failure of City to -complete construction 'and installation of said storm drain pipe • line and all work appurtenant thereto, including but not limited -3- to, the replacing of banks and the filling of the trench in the canal of ACID prior to the date of April 1 , 1986 , shalll interfere with ACID' s use of the canal in such a way as to cause damage to ACID by prohibiting ACID from fully utilizing its water distribu- tion and conveyance facilities. The parties hereto understand and agree that the damage caused ACID by City' s failure to complete construction and installation of the sewer pipe line prior to April 1 , 1986 , is not capable of being determined and is unascertainable as of the date of .entering into this encroachment agreement. Due to the parties ' inability to determine and ascertain damage, the parties agree that City shall paylto ACID, as fixed, agreed and liquidated damages, the sum of Five Thousand and 00/100 Dollars ($5 ,000 . 00) as and for each calendar day between April 1 , 1986 and the date of completion of such work of construction and installation of said storm drain pipe line, replacing of banks and the filling of the trench in the canal of ACID. 8. If in the future ACID finds it desirable to alter, enlarge or deepen its canal, necessitating a relocation of said storm drain pipe line or lowering of the grade of said pipe line at the place it encroaches upon or crosses said right of way of ACID, on request of ACID, City shall, at its expense, promptly make such relocation or lowering of said pipe line. 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. -4- •• I 411 • IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ANDERSON-COTTONWOOD IRRIGATION DISTRICT //0B •y _ _ / r By 1-4A CITY OF REDDING By HOWARD D. KIRKPATRICKI, Mayor ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: fRA DALL A. AY , City Attorney • -5- • • • g ' 1 t T) 4114111P. -1 -1 tt1 • L olz .01'x 4-S AG ] D } 4P`. I I EXH II S r ENCROACHMENT AGREEMENT THIS AGREEMENT, made and entered into this 2njd. day of CEJ AN‘,1 0 R 4 , 1986, by and between ANDERSON-COTTONWOOD IRRIGA- TION DISTRICT, hereinafter referred to as "ACID" , and the CITY OF REDDING, hereinafter referred to as "City" : WITNESSETH: WHEREAS, City desires to reconstruct a 24-inch irrigation line that will run under the intersection of El Reno Lane and Cedar Road (see Exhibit "A" ) in the City of Redding and has requested the permission of ACID to encroach on its right of way; and WHEREAS, it has been determined that this project is cate- gorically exempt from the provisions of CEQA; • NOW, THEREFORE, the parties hereto agree as follows: - ACID hereby grants , without consideration, the right to City to install , at its sole responsibility and at its sole cost and expense, a 24-inch reinforced concrete pipe for irrigation purposes at the above location 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 said irrigation lateral. 2. In doing such work, City shall in no way hinder or interfere with the conveyance and distribution of water in said 411 • • irrigation lateral by ACID and the said work or installation shall be completed by City before April 1 , 1986. 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 shall hold ACID free and harmless from all damages that might result from the crossing and disturbing of said lateral and for the replacing of said lateral in a condition as water tight and permanent as the same was in prior to City disturbing the same. It is understood that sometime in the future it is entirely possible that water served through said lateral will be used for domestic purposes. 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 irrigation lateral and. all work appurtenant thereto prior to the date of April 1 , 1986 , shall interfere with ACID ' s use of the irrigation lateral 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 construction and installation of the irrigation lateral prior to April 1 , 1986 , is not capable -2- , .. . . t. . ,, ., . . . of being determined and is unascertainable as of the date of entering into 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 and 00/100 Dollars ($100 . 00) as and for each calendar day between April 1 , 1986 and the date of completion of such work of construction and. installation of said irrigation lateral. 6 . 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. ANDERSON-COTTONWOOD IRRIGATION DISTRICT By -Xf . -/ . - ¢`z? By / '--11 2-, CITY OF REDDING By HOWARD D. KIRKPATRICK ' Mayor ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: � RAIDALLA. HAYS City Attorney -3- .s, • I 11 4fA • IV-E XIS. 2 4l k'C•P II ll 1 " 1 •: J S i I, I Rr. NO 1 j_A.N ff--- • • Z4" DIA . gaz' 5I'Pti at.� • Ir — lr II • II • Il , / I II isMq MA 0-1 o I i . I A-I1 Iii ll (i) 11II • - I L VI 1 ! ,1 ii LLl (.) . EXHIBIT ' ' . ,