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HomeMy WebLinkAboutRDA 02 CIP 7130 03-20-06 AGENDA REPORT MEETING DATE: MARCH 20, 2006 TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: APPROVAL OF A GRANT OF EASEMENT 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 Grant of Easement from the Tustin Community Redevelopment Agency to the Southern California Edison Company is an easement for the installation of new underground facilities as a result of undergrounding a portion of the existing overhead transmission facilities on Edinger Avenue and Del Amo Avenue. These new facilities are being installed within Underground Utility District No. 03-02 and are being financed with Rule 20A funds. RECOMMENDATION It is recommended that the Tustin Community Redevelopment Agency approve the Grant of Easement for replacement of overhead with underground electrical facilities with Southern California Edison Company (Rule 20A), and authorize the Executive Director and Recording Secretary to execute the Grant of Easement on behalf of the Agency. FISCAL IMPACT The estimated cost of undergrounding the existing overhead transmission facilities on Del Amo Avenue and Edinger 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 Grant of Easement 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) March 20, 2006 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 2005-2006 in the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130). DISCUSSION The subject Grant of Easement outlines the area needed by Southern California Edison to provide the new underground facilities. The Easement will provide for connection of the new underground facilities to the existing overhead facilities and the addition of a new anchor pole for the existing overhead facilities. The location of the easement is on the westerly end of the former Case-Swayne property located at 1021 Edinger Avenue and as shown on Exhibit "B" attached to the Grant of Easement. This area, at one time, was the extension of Newport Avenue which is now abandoned. Southern California Edison currently has an aerial easement for the existing overhead facilities but not for the proposed underground facilities and anchor pole. In the future, when the second phase of the Newport Avenue Extension Project (north of Edinger Avenue) is constructed, the existing overhead facilities will be installed underground within the future Newport Avenue and the existing aerial easement and the subject easement will be terminated. The City Attorney has reviewed and approved the language of the Grant of Easement. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachments: Grant of Easement for Replacement of Overhead with Underground Electrical Facil~ies Exhibit of Easement Area TDS: CC: cog: Approval of Grant of Easement 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. 92863-5240 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT Location: Tustin A.P.N. 430-252-05 RP FILE: REL990070 DOCUMENTARY TRANSFER TAX $ SER.66140A J.O. 2054 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND Approved ENCUMBRANCES REMAINING AT TIME OF SALE Corpmate Real Estate SO. CALIF. EDISON CO. Department SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY JG/LS DATE 02101106 TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community redevelopment agency, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, both overhead and underground electric lines, consisting of metal towers, wood and/or metal poles, "H" frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means in connection with Southern California Edison Company's conveyance of electrical energy in, under, on, over, along and across a strip of land twenty-five (25.00) feet wide, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Orange, State of California, described as follows: That portion of that certain Grant Deed recorded January 13, 1995 as Instrument Number 95- 0016484 of Official Records, in the Office of the County Recorder of Orange County, described as follows: "Parcel 4: That portion of Lot 65 of Irvine's Subdivision, as shown on a map recorded in Book I, page 88, of Miscellaneous Record Maps, Records of Orange County, California, included within Newport Avenue, as vacated by Resolution of the Board of Supervisors of Orange County, a certified copy of which was recorded August 14, 1968 in Book 8691, page 487 of Official Records of said Orange County." The said right of way strip is more particularly described on the Exhibit "A" and more particularly shown on the Exhibit "B", both attached hereto and by this reference made a part hereof. Grantee shall have the right to use existing roads and make such additions thereto, on lands of Grantor within and/or adjoining said right of way strip, as shall be necessary or convenient to Grantee's access to and use of its right of way strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress over the property of the Grantor to said right of way strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event alternate public roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said right of way strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee. Grant of Easement Tustin Community Redevelopment Agency, a California community redevelopment agency to S.C,E,Co., a corp, Serial No. 66140A RP FILE: REL990070 Grantor reserves for Grantor and Grantor's successors across (but not longitudinally along) said right of way strip, all other rights of use provided, however, that the exercise of such rights does not interfere with or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee. Grantor hereby also grants to Grantee, its successors and its contractors, agents, and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and keep clear said right of way strip, free from explosives, buildings, structures, equipment, brush, combustible material and any and all other obstructions of any kind, including but not limited to planter boxes, walls, fences (other than farm, grazing or pasture fences) and earth fIll and the right to trim_or remove any tree, tree root, vine, or shrub or other obstructions which, in the opinion of Grantee, may endanger said electrical lines, or any part thereof, or interfere with the exercise of the rights herein granted. - Grantor shall not excavate or change, nor permit the excavation or changing of the surface of the ground of the above described real property without the previous written consent of the Grantee, which consent shall not be unreasonably withheld. It is further understood and agreed that no other easement or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of Grantee, which consent shall not be unreasonably withheld. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ~ day of , 20_. TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California cDmmunity redevelopment agency By: Name: /" APPROVED A~ FORM: i/ i J I /~' f \-! !-¡/¡1'/ ,,' " '-' >-- /rl"/ 1/'-" '1, I u '/"-"~-" CITY A TTORJ:ŒY Title: By: Name: Title: -2- Grant d Easement ':'ustin Community Redevelopment Agency, a California community redevelopment agency to S.C.E.Co., a corp. Serial No. 66140A RP FILE: REL990070 COUNTY OF ) ) ss. ) STATE OF CALIFORNIA before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that (she/he/they) executed the same in (her/his/their) authorized capacit(y lies) and that by (her/his/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On WITNESS my hand and official seal. Signature COUNTY OF ) ) ss. ) STATE OF CALIFORNIA before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that (she/he/they) executed the same in (her/his/their) authorized capacit(y lies) and that by (her/his/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On WITNESS my hand and official seal. Signature -3- EXHIBIT "A" Legal Description Serial 66140A That certain real property in the County of Orange, State of California, described as follows: Transmission Line Easement That portion of Lot 65 of Irvine's Subdivision, as per map recorded in Book 1, page 88, of miscellaneous maps, in the Office of the County Recorder of said County, Included within Newport Avenue, as vacated by resolution of the Board of Supervisors of said County, a certified copy of which was recorded August 14, 1968 in Book 8691, page 487 of Official Records of said County lying within a strip of land 25.00 feet wide, the centerline of said strip being described as follows: Beginning at a found State of California handwell monument, said handwell monument being on the centerline of Edinger Avenue at the Northwesterly terminus of that certain course shown as North 50° 10' 50" West, 919.49 feet, on Parcel Map No. 85-196 recorded in Book 209, page 7 and 8, of Parcel Maps, in the Office of the County Recorder of said County, said handwell monument bears North 50° 10' 50" West (basis of bearing for this description), 919,30 measured, 919.49 feet, record, along the centerline of said Edinger Avenue from a found spike and washer loS. 3246, accepted as the centerline intersection of said Edinger Avenue and Del Amo Avenue as shown on said Parcel Map; thence North 41° 13' 59" East, 144.09 feet, along the centerline of said Newport Avenue (abandoned) to the True Point of Beginning of this description; thence South 72° 17' 09" East, 32.67 feet, to a point on the Southeasterly line of said Newport Avenue (abandoned), said point bears North 40° 10' 03" West, 899.18 feet, from said spike and washer, The sidelines of said strip shall be extended or shortened to terminate on the centerline and Southeasterly line of said Newport Avenue (abandoned). ~ nATR\-2..'.\.~ LAWRENCE j, KELLEY, P,L.S. No, 7373 SOUTHERN CALIFORNIA EDISON COMPANY PREPARED BY ME OR UNDER MY DIRECTION ~ /// /" ~' $\J// ~' ... / ~1~t ~'?"/ / /¡(;f '>, (~~~ ~~~~? "~~ " ><,\ ~ ,,~~ " ~\ ~, t'// ~ // {,iY/ / /1/ /L ~--~---- / / / Portion of Sec. 20, T.5 S" R. 9 W, SBM City of Tustin, County of Orange, State of California CIL NEWPORT A VE ~ (ABANDONED) ill 0 60 120 30 r-_-- Bearings 1-2 S 50'10'50" E 2-3 N40'IO'Q3"W \3-4 N72'17'09"W 4-1 S41'13'59"W SCALE IN FEET Distance 919.30' Basis of bearing per P.M.a. 209/7-8 899.18' 32.67' 144.09' \ ~ \ "^%, "'... b '~'-(). \ A ,,:0'1' _'",N' '\ì-"""#\'~ ~,,:t~'9 2 ~ò' ". ~~ 1:' /~~'\ --~-- legend: r:zz:2j Grant of Easement to Southern Caiifornia Edison Company (0,018 Ac.) EXH I BIT II B II ~ lands of Tustin Community Redevelopment Agency, a California community redeveiopment agency PROJECT NAME: Johanna Bryan - Irvine - Steel case 66 kV T/L M.S. 43-93 MAP & F.B. REF: SCE FN 10528/35-37, P.M. 67/5 & 209/7.8 DRAWN BY: RF SH, PG DATE: 01/05/2005 SERIAL: 66140A CHECKED BY: LK COUNTY: Orange JAMIN: 04gi516867 File Name: j02054.dwg IÙ ;) ct~ ,..'" i~ ~~ ..,10 z~ 'v t-- . .. ~ -{, ~ I; ~ " :I ... ~ ... (~ ~,( 'f-. " r> " IJ .... ""- "\ ,"4- ( 0 ( ». ~...,.. -h ,. ... '" 1: ~ J- '" It' iir -\.U .......~ a 0 If '1- 1\1 !" ... ~ q::. \b 1l1'-.) ~ - ....