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Home My WebLink About14 JT USE AG S.C.E. 08-02-99DATE: AUGUST 2, 1999 NO. 14 8-2-99 Inter-Corn, TO: FROM: \VILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: JOINT USE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTHERN CALIFORNIA EDISON COMPANY S[WIMARY The Southern California Edison Company is requesting that the City of Tustin enter into a Joint Use Agreement over a portion of Bryan Avenue at Jamboree Road. RECOMMENDATION It is recommended that the City Council approve the attached Joint Use Agreement xvith the Southern Califomia Edison Company and authorize the Mayor and City Clerk to execute the said agreement on behalf of the City of Tustin. FISCAL IMPACT No fiscal impact at this time. In the future any City initiated street work within the proposed Joint Use area that requires modification, relocation or adjustment of the Edison Company facilities will require the City to reimburse the Edison Company for this work. However, since the intersection of Bryan Avenue and Jamboree Road has been constructed to its ultimate configuration, it is not anticipated that this type of construction will be required within the proposed Joint Use area in the future. BACKGROUND With the development activity taking place along Bryan Avenue easterly of Jamboree Road within the City of Irvine, the Edison Company was required to underground their overhead facilities. In order to connect the new underground facilities to the existing overhead facilities a small portion within the City of Tustin also required undergrounding. The Edison Company's overhead facilities were located within an easement whereby the Edison Company held prior rights. Since the Edison Company had prior rights for the overhead facilities, they required that the new underground facilities also be within an easement that grants prior rights to the Edison Company. Execution of the attached Joint Use Agreement will transfer the prior rights to the new Edison Company underground easement. Tim D. SerieS- Director of Public Works/City Engineer ,~t Jerry Otteson Associate Civil Engineer TDS:JO:ccg:Edison Joint Agreement. doc Attachment JOINT USE AGREEMENT Serial No. 647 li Page 3 Company shall have the right to trim or top any tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger. This' agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have Caused this agreement tO be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By Marty Mauch Right of Way Agent Real Estate Operations Corporate Real Estate Department CITY OF TUSTIN By Attest: STATE OF CALIFORNIA COUNTY OF On 19., before me, a Notary Public in and for said state, personally appeared Marty Mauch, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary dOINT USE AGREEMENT ' Serial No. 64718A Page 4 STATE OF CALIFORNIA COUNTY OF On , 19 , before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidenCe) to be the person(s) whose name(s) [ is/are ] subscribed to the within instrument and acknowledged to me that ['he/she/they ] executed the same in [ his/her/their ] authorized capacity(ies), and that by [ his/her/their ] signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official Seal. Signature of Notary ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised April 27, 1999 November 17, 1998 JN 33640-07 Page I of i SOUTHERN CALIFORNIA EDISON COMPANY JOINT USE AGREEMENT (CITY OF TUSTIN) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being those portions Block 44 and Block 64 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page ~88 of Miscellaneous Record Maps, together with those portions of Bryan Avenue and Jamboree Road as dedicated per the map of Tract No. 12763, fi led in Book 581, Pages 16 through 25 of Miscellaneous Maps, both in the Office of the County Recorder of said Orange County included within a strip of land 20.00 feet wide, the centerline of which is described as follows: BEGINNING at the intersection of a line which is parallel with and 35.00 feet northeasterly of the centerline of Bryan Avenue as said centerline is shown on a map of Record of Survey No. 86-1030 filed in Book 114, Pages 29 through 42 of Record of Surveys in said Office of the Orange County Recorder with the general northwesterly line of Parcel 300254-1 as described in the Grant Deed to the Foothill/Eastern Transportation Corridor Agency, recorded June 9, 1995 as Instrument No. 95-0245698 of Official Records; thence North 48°12'13'' West 208.41 feet to a line which is parallel with and 39.00 feet northeasterly of said centerline; thence along said parallel line North 49o16'50'' West'310.09 feet; thence North 47o53'36" West 550.20 feet. EXCEPTING THEREFROM that portion lying southeasterly of the general northwesterly line of Parcel 18 as described in the Annexation and Development Agreement between City of Irvine and The Irvine Company Concerning Lower Peters Canyon recorded June 18, 1997 as Instrument No. 19970280744 of Official Records in said Office. of the Orange County Recorder. ALSO EXCEPTING THEREFROM Lot "A" of Tract No. 13030 as shown on a map thereof filed in Book 685, Pages 22 through 25 of Miscellaneous Maps, in the Office of the County Recorder of said Orange County. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Jo feiferJ P~L.S. 5329 SEE BELOW RIG~- I EASEMENT NOTES: INDICATES AN EASEMENT FOR ELECTRICAL PURPOSES TO ~C.E. PER INST. NO. 87-386210 O.R. INDICATES. AN EASEMENT FOR ELECTRICAL PURPOSES TO S.C.E. PER INST. NO. 87-Z86211 O.R. INDICATES AN EASEMENT FOR UtiLITY SERVICES TO LR.I~.D. PER TR. NO. 1J050, bl.M. 685/22-25. INDICAFES AN EASEblENT OF LANDSCAPE blAINTENANCE PURPOSES TO THE CITY OF TUS;;N PER TR. NO. 685/22-25. TR. 6;~/-,- 1~.1~. 1) 5 12 C! !NE BLK. 44 BLK. 64 P~CLL Y LINE · .700254-1 P.O.B. ~CL. ~ooa~4- / INST. NO. ~5-o24569a, INgST. NO. 980815255,. O. tF. SEE ABOVE LEFT 10' g BLK. 44 PVINE'$ SUB. .-~r¥ N~L Y LINE PCL. 18 PER INST. NO. 19970280744, O.R. SCALE: 1" = 100' EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SOUTHERN CALIFORNIA EDISON COMPANY JOINT USE AGREEMENT SHEET 1 OF 1 SHEET Rober~ Bein, FtTlliam Frc~ · Associate REVISED: APRIL 27, 1999 (CITY 'OF TUSTIN) NOVeMbER 17. 1998 J.N. 3.3640 H: \GRP5 \PDA TA \ $~