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Home My WebLink About08 UNDERGRND ELECTRIC 06-06-05 AGENDA REPORT Agenda Item Reviewed: City Manager ~ Finance Director ~ ---L.. MEETING DATE: JUNE 6, 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 (RULE 20A) 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 20A. These facilities are within Underground Utility District No. 03-02. 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 (Rule 20A), 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 20A Program is $1,700,000. These costs will be fully funded by Southern California Edison based on the City's allocation of Rule 20A 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. 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. Approval of a Joint Use Agreement for Replacement of Overhead with Underground Electrical Facilities with Southern California Edison Company (Rule 20A) in Conjunction with the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) June 6, 2005 Page 2 Underground Utility District No. 03-02 provides for undergrounding of a portion of the overhead transmission facilities. The cost of constructing these improvements will be funded by the Southern California Edison Company (Rule 20A funds). Underground Utility District No. 03-01 provides for undergrounding of the remaining overhead transmission facilities and all distribution facilities and will be funded with Rule 20B funds provided by the City. Sufficient funding for these costs are included in the adopted Capital Improvement Program (CIP) for Fiscal Year 2004-2005 in the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130). On April 18, 2005, the City Council approved the Joint Use Agreement with the Southern California Edison Company for Underground facilities funded by Rule 20B. 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". C /-Ð~ Tim D. Serlet Director of Public Works/City Engineer ~¿~~J Engineering Services Manager Attachment: Joint Use Agreement for Replacement of Overhead with Underground Electrical Facilfiies TDS: DRK: ccg: Approval of JUAgmt to replace overhead with underground electrical (20A).doc RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 14799 CHESTNUT STREET WESTMINSTER, CA. 92683-5240 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE- RP File No.REL990070 Serial No. 66089A Affects SCE Document 209542 Job Order: 2054 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", ~!I.!'L!~~~~IH: 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 as Instrument No. 16537 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 and a portion of Edinger 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" , 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 Joint Use Agreement Between S.C,E, Co" a corp., and The City of Tustin Serial 66089A RP FILE: REL990070 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 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. 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 construction, reconstruction or -2- Joint Use Agreement Between S.C.E. Co" a corp., and The City of Tustin Serial 66089A RP FILE: REL990070 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 wntten. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By \~ 0-. \.) ~ Anita Valko Right of Way Agent Real Estate Operations Division Corporate Real Estate Department CITY OF TUSTIN A ppfJAf /JJJ~ Lois E. Jeffrey, City Attorney By: Lou Bone, Mayor Attest: Pamela Stoker, City Cluk -3- Joint Use Agreement Between S.C.E. Co., a corp., and The City of Tustin Serial 66089A RP FILE: REL990070 STATE OF CALIFORNIA ) ) ss, COUNTY OF 0(' J\l\j~- ) ~'6 G-; daDS, before me, 'ßf ' ~~~.-NÆ- , personally appeared ~" (;;;:i l¿:r, , personally known to me (or pr.g"eà tØ--111P nn the .oasis of ,,~id=J to be the person whose name is su~bed to the within instrument and acknowledged to me that (~xecuted the same in (1H€/'b.e.4'authorized capacity and that by jhi'!(8 signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. i~.~- ~ Signatuð\, ~~ N. SOBREPENA Commission # 1399672 Notary Public - Calilornia ~ Orange County - My Comm. Expires Feb 9. 2007 WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On , before me, , 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 (he/she/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. WITNESS my hand and official seal. Signature -4- / Sec. 20, T5S, R9W, SBM City of Tustin, County of Orange, State of California -7 / / -~If'¿ ¿,vo ¿/2: J 0 30 60 120 ,..... - SCALE IN FEET leaend: ~ Joint Use Agreement between Southern California Edison Company (1.08 Ac.) ~ and City of Tuslin PROJECT NAME: Johanna - Bryan - Irvine - Steelcase 66 kV T/L MAP & F.B. REF: SCE FN 10528/35-37, P.M. 67/5 & 209/7-8 DRAWN BY: RF SURVEYED BY: SH DATE: 12/09/2004 LAND INFO,: JG SERIAL: 66089A CHECKED BY: LK EXHIBIT "A" Sh,10f3 M.S. 43-93 COUNTY: Orange JAMIN: 04gis16B67 File Name: j02054JUA.dwg / / / / / / / / 60' J 0 30 60 120 ,..... SCALE IN FEET / / / I -_J EXHIBIT nAil Sh. 2 of 3 Leaend: ~ Joint Use Agreement between Southern Califomia Edison Company (1,08 Ac.) ~ and City of Tustin PROJECT NAME: Johanna - Bryan - irvine - Steelcase 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: 12/09/2004 LAND INFO,: JG SERIAL: 66089A CHECKED BY: LK M.S. 43-93 COUNTY: Orange JAMIN: 04gis16867 File Name: j02054JUA.dwg -------sec. ;;, T5S,;~~~;;--~-------l City of Tustin, County of Orange, State of CalifoTIÚa I '~ ~~ -~- / >:", ?y EXHIBIT "A" Sh.3013 ,",o,?-!)-? .,p,pe'x' ~ ,Ä loa, \, '\, 6,)0, / J 0 30 60 120 ..--- SCALE IN FEET ~-- Leaend: ~ Joint Use Agreement between Southern California Edison Company (1.08 Ac.) ~ and City of Tustin PROJECT NAME: Johanna - Bryan -Irvine - Steelcase 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: 12/09/2004 LAND INFO.: JG SERIAL: 660B9A CHECKED BY: LK M.S. 43-93 COUNTY: Orange JAM IN: 04gis16867 File Name: j02054JUA.dwg