HomeMy WebLinkAbout12 SCE ELEC FAC 04-18-05
AGENDA REPORT
Agenda Item ~
Reviewed: f£
City Manager
Finance Director
MEETING DATE:
APRil 18, 2005
FROM:
WilLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
TO:
SUBJECT:
APPROVAL OF A JOINT USE AGREEMENT FOR REPLACEMENT OF
OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH
SOUTHERN CALIFORNIA EDISON COMPANY IN CONJUNCTION
WITH THE NEWPORT AVENUE EXTENSION/SR-55 RAMP
RECONFIGURATION PROJECT (CIP NO. 7130)
SUMMARY
The Joint Use Agreement for replacement of overhead with underground electrical facilities
with Southern California Edison Company is a document wherein Southern California
Edison Company will retain existing easement rights as a result of undergrounding a portion
of the existing overhead transmission facilities on Del Amo Avenue funded under Rule 20B.
These facilities are within Underground Utility District No. 03-01.
RECOMMENDATION
It is recommended that the City Council approve the Joint Use Agreement for replacement
of overhead with underground electrical facilities with Southern California Edison Company,
and authorize the Mayor and City Clerk to execute the Joint Use Agreement on behalf of the
City.
FISCAL IMPACT
The estimated cost of undergrounding the existing overhead transmission facilities on Del
Amo Avenue under the Rule 20B Program is $867,984.30. The adopted Capital
Improvement Program (CIP) for fiscal year 2004-2005 provides $11,141,838 for construction
and contract administration for the Newport Avenue Extension/SR-55 Ramp Reconfiguration
Project (CIP No. 7130), including funds for undergrounding Rule 20B overhead utilities.
Project funding consists of Measure "M" Turnback funds, Measure "M" Competitive funds,
Water CIP funds, Developer Bond funds, Developer Cash Payment funds, and Tustin
Community Redevelopment Agency-South Central funds.
BACKGROUND
In conjunction with the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project
(CIP No. 7130), Southern California Edison will underground all existing distribution and
transmission overhead utilities on Del Amo Avenue and on Edinger Avenue.
Approval of a Joint Use Agreement for Replacement of Overhead with Underground
Electrical Facilities with Southern California Edison Company in Conjunction with the
Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130)
April 18, 2005
Page 2
On November 17, 2003, the City Council adopted Resolution 03-129 which established
Underground Utility District Nos. 03-01 and 03-02 within the area of the City generally
bounded by Edinger Avenue on the north, the Burlington Northern and Santa Fe railroad
spur line east of Del Amo Avenue on the east, Valencia Avenue on the south, and State
Route 55 on the west.
Underground Utility District No. 03-01 provides for undergrounding of all overhead
distribution facilities and a portion of the overhead transmission facilities. The cost of
constructing these improvements will be funded by the City (Rule 20B funds). Underground
Utility District No. 03-02 provides for undergrounding of the remaining overhead
transmission facilities and will be funded with Rule 20A funds provided by Southern
California Edison. Rule 20A funds currently available from Southern California Edison are
sufficient to fund only a portion of the underground costs for the transmission facilities.
On November 15, 2004, the City Council approved the Agreement for Replacement of
Overhead with Underground Electrical Facilities with Southern California Edison Company.
This Agreement covers the undergrounding of the transmission facilities funded by the City
(Rule 20B). The Agreement outlines the work to be performed by Southern California
Edison and the City of Tustin, the terms and method of payment for undergrounding the
overhead facilities and replacement rights.
DISCUSSION
The subject Joint Use Agreement outlines the existing easement rights of Southern
California Edison that are to be retained by them. These easements rights were established
before Del Amo Avenue was constructed and therefore are considered "prior rights". The
costs for any future relocation of Southern California Edison's electrical facilities that have
"prior rights" will be paid for by the City.
The City Attorney has reviewed and approved the Agreement "As To Form".
~{)~
Tim D. Serlet
Director of Public Works/City Engineer
Attachment: Joint Use Agreement for Replacement of Overhead with Underground Electrical Facilities
TDS: DRK: cog: Approval of JUAgmt 10 replace overhead with underground electrical.doc
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
TITLE AND REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RP File No.: RELO393633
Job Order No.: 2054
Serial 66091A
Affects SCE Document 209542
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this - day of , 20 -, 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",
y:{ !. I. !'i ~ §. §. ~ I. R:
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:
Parcel 2 of that certain right of way easement recorded August 19, 1963 in Book 6681, page
487 of Official Records, in the Office of the Orange County Recorder, hereinafter referred to as
"Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the
construction of a new section of Newport 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", and shown and designated as "Joint Use Agreement between Southern
California Edison Company and City of Tustin" on said print marked "Exhibit A".
City hereby agrees to pay for the total direct and indirect costs incurred by Company for
relocating its facilities from Company's easement and reconstructing the same in the new location,
Joint Use Agreement
Between S. C. E., a corp. and
The City of Tustin
Serial 66091A
RP. File No. REL0393633
Affects SCE. Documenl 209542
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, Company agrees to rearrange, relocate and reconstruct
within said new location, any of its facilities heretofore or now installed pursuant to Company's
easement within said highway right of way. Company hereby consents to the construction,
reconstruction, maintenance 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 indemnify, defend and reimburse Company for any loss or claim 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. City warrants that the City's rights to the new location will allow the Company to exercise
all the rights granted by the Company's easement.
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
-2-
Joint Use Agreement
Belween S. C. E., a corp. and
The City of Tustin
Serial 6609 IA
R.P. File No. REL0393633
Affects SCE. Document 209542
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 construction, 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 remove, trim or top any vegetation, brush, 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
~\~ \J ~
Anita Valko
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Dept.
CITY OF TUSTIN
By:
Lou Bone,
Mayor
~ '¿.~ "", rom
Lois E. Jeffrey, City Attorney
Attest:
Pamela Stoker,
City Clerk
-3-
Joint Use Agreement
Between S. C. E., a corp. and
The City of Tustin
Serial 66091A
R.P. File No. REL0393633
Affects SCE. Document 209542
)
) ss.
COUNTY OF Cy2.PrÑc::,t. )
On ç:~. q I ö-cDç , before me, W ' ~'\2:,~~ff_NI;-- , personally appeared
~i'J~~p,.. \JPr'LK"n ' personally known to me (or prongd t9 me on tn~
b",;~ of GatiÐf¡:H;toq.~d=Ge) to be the person whose name is subsClibed to the within instrument
and acknowledged to me thaL(lwj~xecuted the same in ~~ authorized capacity and that
by (hi!rj~ignature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instmment.
STATE OF CALIFORNIA
- - -N.-;6~E~~ - - ~
Commission # 1399672
Noiory Public. Caillomia ~
Orange County -
My Comm. Expire. Feb 9, 2007
Signature \~, ~~~
WITNESS my hand and official seal.
COUNTY OF
)
) ss.
)
STATE OF CALIFORNIA
, personally appeared
, 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 (hejshe/they) executed the same in (his/her/their) authorized capacity
and that by (his/her/their) signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
On
, before me,
WITNESS my hand and official seal.
Signature
-4-
J
~-~-~--~-~~~- u ~ ~-~-~-~- _._-/---~- -
portion of SE1/4, NE 1/4, Nl/4, Sec. 20, T5S, R9W, SBM
City of Tustin, County of Orange, State of California .
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EXHIBIT "A"
Sh. 1 of 2
M.S. 43-93
--
Leaend:
~....'....'.....'.. Joint Use Agreement between Southern California Edison Company (0.60 Ac.)
~ and Cit ofTustin
PROJECT NAME: Johanna - Bryan - Irvine - Steelea5e 66 kV TIL
MAP & F.B. REF: SCE FN 10528/35-37, P.M. 67/5 & 20917-8
DRAWN BY: RF SURVEYED BY: SH
DATE: 12109/2004 SERIAL: 66091A
CHECKED BY: LK
COUNTY: Orange
JAMIN: 04gi516867
File Name: jo2D54JUA.dwg
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0 30 60 120
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Legend:
~ Joint Use Agreement between Southern California Edison Company (0.6 Ac.)
~ and City of Tustin
PROJECT NAME: Johanna - Bryan - Irvine - Sleelease 66 kV T/L
MAP & F.B. REF: SCE FN 10528/35~37, P.M. 67/5 & 20917-8
DRAWN BY: RF SURVEYED BY: SH
DATE: 12109/2004 JG SERIAL: 66091A
CHECKED BY: LK
--
EXHIBIT "A"
Sh. 2 of 2
M.S. 43-93
COUNTY: Orange
JAM IN: 04gls16867
File Name: jo2054JUA.dwg