HomeMy WebLinkAboutNB 9 INTERSEC IMPROVE 06-16-80DATE:
TO:
JUNE 9, 1980
NEW BUSINESS
Inter-Corn
FROM:
SUBJECT:
DAN BLANKENSHIP, CITY ADMINISTRATOR
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
BRYAN-BROWNING INTERSECTION IMPROVEMENTS (So. Cal. Edison Co.
Joint Use Agreement)
The attached document has been prepared by the Southern California Edison Company
and is a Joint Use Agreement related to the relocation of a utility pole located
at the northeasterly corner of the subject intersection.
This utility pole relocation is necessitated by the flood control and intersection
improvements at the Bryan/Browning intersection being administered by the City.
The Edison Company's utility pole was installed several years ago on a private
property easement, which establishes Edison's prior rights to the easement. This
pole is not within the franchise area of public rights of way.
This Joint Use Agreement establishes a new prior right easement behind the ultimate
curb return of the northeasterly corner and provides for the cost of this utility
pole relocation to be borne by the City. Staff is in concurrence with the content
and form of this Agreement. A copy of this Agreement has been forwarded to the
City Attorney's office for his review.
RECOMMENDATION:
It is recommended that the Tustin City Council at their meeting of June 16, 1980,
adopt a minute ohder authorizing the Mayor to execute said Joint Use Agreement for
the utility pole relocation at the northeasterly corner of Bryan and Browning
Avenues.
BOB LEDENDECKER
Director of Public Works/
City Engineer
BL:rvm
cc: City Clerk
City Attorney
MR. C. E. MC DANIEL
SANTA ANA DISTRICT
June 4, 1980
Attention: Mr. E. E. Carter
Subject:
City of Tusttn
Bryan-Browning Intersection Improv~nent
Bryan Substation and Related Facilities
I.D. No. 17-6766, J.O. 2555
R/W File No. 4-2555 JE
Enclosed, for presentation to the City of Tustin, is the
original and two copies of the Joint Use Agreement as de-
scribed in our letter'of May 2, 1980.
Please have the authorized parties of the City execute both
the original and first copy of the attached Agreement,
their signatures acknowledged by a Notary Public, and return
them to Edison with a copy of the Resolution authorizing
the execution of the Agre_~nent. When obtained, please trans-
mit to this office for further processing. The re~eining
copy me_~y be retained by the City for their records tempo-
rarily. Upon Edison's execution of the Agreements, the City
will be furnished a fully executed copy for their pe,',',,anent
records.
/~ J~ R. WILSON
RIGHT OF WAY AND LAND
DEPARTMENT
j ~m
Enclosures
RECORDING RZ='QUESTI='D BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
~OUTHERN CALIFORNIA EDISON COMPANY
..~PACE ABOVE THIS LINE FOR RECORDER*$ USE
DOCUM~T~? TRANSk'~q TAX $
cOMPUI~I) ON FOIL VAuJr OF PROP[BIY CONv~rn.
flit COJdPUT~ OH ~LL VA~£ LB~ LI~$ A~D
EHCUNBRANCE3 RF. MAINI#6 AT TIME OF ~
SOUTHERN CAUFORNIA raiSON CO.
SIGNATURE OF OECLAP, AflT OR AG*rEiT DETERMINING TA~ FIRM NAME
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 19__, by and between SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, hereinafter called "Company", and the
CITY OF TUSTIN, a municipal corporation of the State of California,
hereinafter called "City",
W I TN E S S ET H:
THAT WHEREAS Company is the owner in possession of
certain rights of way and easement(s) for electrical facilities
by virtue of the following easement rights:
Prescriptive rights and that certain Right of Way
Easement recorded March 4, 1918 in Book 318, page 240 as
Instrument No. 50246 hereinafter referred to as "Company's
easement"; and
WHEREAS City has acquired easement rights for street
and highway purposes for the construction and/or improvement of
Bryan Avenue and Browning Avenue in said City, County of Orange,
State of California, hereinafter referred to as "highway right
of way", as shown on the print attached hereto, marked "Exhibit
A" and hereby made a part hereof which said highway right of way
is subject to Company's easement; and
WHEREAS Company's facilities as now installed and
located on said highway right of way will interfere with or obstruct
the construction, reconstruction, maintenance or use of said street
or highway, and City desires to eliminate such interference or
obstruction;
NOW THEREFORE,'in consideration of the premises and the
mutual covenants herein contained, Company and City do hereby agree
as follows:
The location of Company's easement insofar as it now
lies within the said highway right of way, be, and it hereby is,
changed to the strip of land within said highway right of way,
hereinafter referred to as "new location", shown on the blue
line print marked "Exhibit A", attached hereto and made a part
hereof.
City hereby agrees to pay for the total actual cost
of relocation incurred by Company for relocating its facilities
from Company's easement and reconstructing the same in the new
location, including, but not limited to, the cost of acquiring
any easements or rights of way over private property.
In consideration of the payment to Company of the
cost of relocation as aforesaid, and upon acquisition of any
and all easements over private property as may be required for
the relocation of Company's facilities to the new location,
Joint Use Agreement
S.C.E.Co., a corp., and the
City of Tustin
Serial No. 53297A
Company agrees to rearrange, relocate and reconstruct within said
new location, any of its facilities heretobefore or now installed
pursuant to Company's easement within said highway right of way.
Company hereby consents to the construction, reconstruction, main-
tenance or use by City of a street or highway over, along and upon
Company's easement, both in the old location and in the new location
within said highway right of way, upon and subject to the terms and
conditions herein contained.
City acknowledges Company's title to Company's easement
in said new location and the priority of Company's title over the
title of City in said new location. Company has and reserves the
right and easement to use, in common with the public's use of
said street or highway, said new location for all of the purposes
for which Company's easement was acquired, without need for any
further permit or permission from City. Except in emergencies,
Company shall give reasonable notice to City before performing
any work on Company's facilities in said new location where such
work will obstruct traffic. In all cases, Company shall exercise
due care for the protection of the traveling public.
In the event that the future use of said highway right
of way shall at any time or times necessitate a rearrangement,
relocation, reconstruction or removal of any of Company's facilities
then existing in said new location, and City 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 City with plans of its proposed rearrangement and
an estimate of the cost thereof, and upon approval of such plans
by City, Company will promptly proceed to effect such rearrangement,
relocation, reconstruction or removal. Company shall exercise
due care for the protection of the traveling public. No further
permit or permission from City for such rearrangement, relocation
or reconstruction shall be required and City will (1) enter
into a Joint Use Agreement on the same terms and conditions as
are herein set forth covering any such subsequent relocation of
Company's facilities within said highway rights of way, (2) provide
executed document(s) granting to Company a good and sufficient
easement or easements over private property if necessary to replace
Company's easement or any part thereof, and (3) reimburse Company
for any costs which it may be required to expend to acquire such
easement or easements, provided it is mutually agreed in writing
that Company shall acquire such easement or easements.
City agrees to reimburse Company for any loss Company
may suffer because of any lack of or defect in City's title to
said new location or any subsequent location within said highway
right of way, or in the title to any easement provided by City
over private property, to which Company relocates its facilities
pursuant to the provisions hereof, and City agrees that if Company
is ever required to relocate its facilities because of any such
lack of or defect in title, City shall reimburse Company for the
cost of relocating its facilities and any other reasonable costs
arising therefrom, such as, but not limited to, costs to acquire
any right of way required for such relocation. City shall not
reimburse Company for any loss caused by Company's own fault or
negligence.
-2-
3oint Use Agreement
S.C.E.Co., a corp., and the
City of Tustin
Serial No. 53297A
Except as expressly set forth herein, this agreement
shall not in any way alter, modify or terminate any provision
of Company's easement. Both City and Company shall use said new
location in such a manner as not to interfere unduly 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 City may now have or may hereafter acquire
resulting from the'construction of additional facilities or the
alteration of existing facilities by either City or Company in
such a manner as to cause an unreasonable interference with the
use of said new location by the other party. City agrees that
Company's facilities shall not be damaged by reason of the con-
struction, reconstruction or maintenance of said street or highway,
by the City or its contractors, and that, if necessary, City will
protect Company's facilities against any such damage, at City's
expense.
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
By
C. J. Lowerison, Jr.
Manager of
Right of Way and Land
By
Assistant Secretary
CITY OF TUSTIN
By
Attest:
Mayor
City Clerk
-3-
Joint Use Agreement
S.C.E.Co., a corp., and the
City of Tustin
Serial No. 53297A
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of , 19 ,
before me, a Notary Public in and for said State, personally appeared
C. J. Lowerison, Jr., known to me to be Manager of the Right of Way
and Land Department of Southern California Edison Company, the cor-
poration that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corporation
herein named, and acknowledged to me that such corporation executed
the same, pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) Ss.
COUNTY OF LOS ANGELES )
On this day of , 19 ,
before me, a Notary Public in and for said State, personally
appeared , known to me to be an Assistant
Secretary of Southern California Edison Company, the corporation
that executed the within instrument, known to me to be the person
who executed the within instrument on behalf of the corporation ~
herein named, and acknowledged to me that such corporation executed
the same, pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF
)
) SS.
)
On this day of , 19
before me, a Notary Public in and for said State, personally appeared
· known to me to be the
, and , known
to me to be the of the City of Tustin,
the municipal corporation that executed the within instrument, and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS my hand and official seal.
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[~,~t'AN ~U~ :~"T'ATION-JOINT U~
FIR? ~IIO~IN'~. LOEATI~ .OF Ai(~ IN ,TOIgT
USE AGR'EEMF--NT I, VITU CI'p/' OF TI.)~TtN-
Southern California Edison Company _~C.E