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HomeMy WebLinkAboutI-3 - Proposed Tempoary Power Line Easement Over City PropertyTO: CITY COUNCIL FROM: City Manager January 25, 1971 SUBJECT: PROPOSED TEMPORARY POWER LINE EASEMENT OVER CITY PROPERTY (Future 19th Street along southerly side of former city dump site) RECOMMENDATION: Authorize the Mayor and City Clerk to execute the documents, subject to the condition -that when the power line is relocated to a permanent location, ihe, location be approved by the city. DISCUSSION: Attached are a proposed grant of easement, sketch, and accompanying letter from the Southern California Edison Company. The company desires to construct a 66 KV transmission lien along future 19th Street west of Whittier Avenue. The southerly half of 19th Street has been constructed across approx- imately half the frontage of the former city dump site. There is no easement westerly from the end of the improved street to the westerly side of the city property. The Master Plan of Streets and Highways shows 19th Street extended westerly. �r-3 The proposed temporary easement provides that when and if 19th Street is dedicated and improved, the Edison Company will relocate its facilities at its own expense within the franchise area, and that the company will quitclaim all rights acquired under the subject temporary easement. In•the accompanying letter, Mr. J. B. Lawson, Jr., Division Superintendent of the Southern California Edison Company, agrees on behalf of the company to relocate the facility within the most southerly 10 feet of 19th Street. Harvey L. Hurlburt City Manager HLH /KL•P;ldg Atts. ... k , w February 4, 1971 Mr. Bill Compton ®o. California Ediaon Company Enclosed is the original Temporary Easement for power line_.._. purposes along the future 19th Street. Said easement was authorized by the City Council on January 25, 1971 by the adoption of Resolution No. 7367. Please have said easement recorded in the County Recorder's office, transmit to the appropriate So. California Edison Company for filing, and let my office know the Book and Page number of the Official Recording. Laura Lagos City Clerk LL Delivered to Mr. Compton in City Hall on February 4, 1971. 3A 1.7 . ,, � nt , �rrr -� .ter G►�.ck.� �.- �,v�.�� V r RIM S24 ROEV, 6.70. RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY ABOVE THIS LINE FOR RECORDER'S DOCUMENTARY TRANSFER TAX$ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE SOUTHERN CALIFORNIA EDISON CO. SIGNATURE OF DECLARANT OR AGENT DETERMINING. TAX. FIRM NAME TEMPORARY EASEMENT Lo -dation: City Of Newport Beach THE GRANTOR, CITY OF NEWPORT BEAC , a municipal corporation, does hereby GRAN' to SOUTHERN CALIFORNIA E ISON COMPANY, a corporation, its successors an assigns, a temporary a Bement to construct, use, maintain, alter, dd to, repair, replace inspect and /or remove, in, on and over the re l property hereinaft described, situated in the County of Orange, tate of California, lectric lines, consisting of two (2) wood and /or metal poles, neces ary guys and anchors, cross - arms, wires and othe fixtures and ap liances, for conveying electric energy to be used fo light, heat, p er, telephone and /or other purposes. v >z m J c c �3 Y Y d N, y V N O j Said real property is described as follows: A strip of la d, 10 fee wide, lying within that portion of Lot A o the Ban ing Tract as shown on a Map Of said Tr:Mar ct f led and others vs. y Case No. 6385 pon t e Superior Court of th S the County of Los Ang 1 Final Order of Conde a the State of Californi Orange, Case No. 59481 recorded on January 27, of Official Records, in Recorder of said.Orangg said strip of land beiih Beginning at a that certain parcel page 80, of Official said point being in five (5) feet Northe from the Southerly 1 North 891 23' 38" Ea a point hereinafter South 60° 29' 59" E less, to a point in Southerly line of 1 as said street is s as per map recorde the office of the c in he Case Of Hancock Banning Ban ing for partition and being Re ster of Actions in the to e of California, in and for es, described in that certain t`on in the Superior Court of ,fin and for the County of a certified copy of which was 1953, in Book 2443, page 80, the office of the County ounty, the center line of g described as follows: > int in the Westerly line of 1 la d described in Book 2443, ecor s of said Orange County, line that is parallel with and fly mea ured at right angles .ne of aid certain parcel; thence ;t a dis ance of 473.37 feet to eferred to as Point "A "; thence ;t, a dis ance of 85 feet, more or :he Weste ly prolongation of the :h Street, \,sixty (60) feet wide Iwn on the map of Tract No. 1712 .n Book 50, ;page 32 of Maps, in Lnty Recorder of said Orancle Countv. The side line of said strip'of land ten (10) feet wide, shall be pro onged or shortened so as to inter sect the Westerly and Southerly lines of that certain parcel of land described in that certain instrument recorded in Book 2443, page 80 of Official Records, in the office of the County Recorder of said Orange County. -1- Temporary Easement City of Newport Beach, a municipal corp., to S.C.E.Co., a corp. Serial No. 43174A The Grantee and dedicated for pub facilities at its own understood and agreed the Grantee will then of Easement. agrees that if and when 19th Street is improved Lic use the Grantee will then relocate said expense within the franchise area, it being that if and when the relocation has been completed quitclaim all rights acquired under this Grant Said Grantor, the City of Newport Beach, a municipal corpora- tion, also grants to the Grantee, its successors and assigns, the right to construct, reconstruct, use, maintain, add to, repair, re- place and /or remove guy wires, and anchors, together with the nec- essary appurtenances connected therewith, in, on, over and across a strip of land, four (4) feet in width, described and designated as STRIP 1, the center line of said strip of land being described as follows: STRIP 1• Beginning at the hereinabove referred to Point "A "; thence North 190 00' 34" East, 40.00 feet. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said electric,lines and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, com- bustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said electric lines, or any part thereof, or interfere with the exercise of the rights herein granted. IN WITNESS WHEREOF, said City of Newport Beach has caused this instrument to be duly executed this day of , 19 CITY OF NEWPORT BEACH By Mayor By City Clerk STATE OF CALIFORNIA j ss. COUNTY OF ) On this day of ' 19 , before me, a Notary Public in and for said state, personally appear known to me to be the Mayors and , known to me to be the City Clerk of the City of Newport Beach, 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. S ��e V y lit � L? 1 o h IZI � n C y a m O V 3 0 L) 03 a y Y (, >Z 0 1) ^ Ay � o rl i 0 to r—S -Nip 2 m ro �� Ub N S ��e V y v �l lit � L? 1 � n v �l V V L 1 o� .a 0 a W ,e [U h 4f, ? I (N 0 O U, W o a� lit L? � n V V L 1 o� .a 0 a W ,e [U h 4f, ? I (N 0 O U, W o a� Southern California Edison Company Southern Transmission Division 1414 West 16th Street Long Beach, California 90813_ December 30, 1970 Mr. H. L. Hurlburt City Manager - Newport Beach 3300 W. Newport Boulevard Newport Beach, California Dear Mr. Hurlburt: This is to confirm your discussions with Mr. J. R. Sheldon regarding the proposed Transmission easement beyond the dedicated portion of 19th Street, west of Whittier Avenue. Upon the dedication, the Transmission Division agrees to relocate our facilities from the temporary easement to the most southerly ten -feet of 19th Street. Sincerely, JBL: cf J. J Divis ion Superintendent i l RZOWAMICI9 XD. is RTisoudTY ov s- 'in. ciTY CAL at TRa CYTY 1' MPORARY GRANT U EJ%SLWMT FOR FOMi R 'LIfi PWWZS TO M aCyVMs'YE9T CALIFORM EDISM PANY ALOW FCC 19TS STIUXT X11 > ZA9, the Southern. California isdi xon Company dusire., to etruct a per lies along, iuture 19th 3treet west of white: _r Avenue, . - -md has rc *say.; - caei a temporary grant of eaa4ment frsns the City to accommodate •aid power .rose and 'r?3aArAS, it hz ii been determ in � that it i s in the b = c interacts of the City rind the public to ,rant said tompawary eaar3,41ft�rt, subject to certain = -: vptiona whic h provide for termination of said easement and relocation, at no expert -,aa to the City, of the facilities thereon, upon the future;, :iadicakio and irrsl+rovement of 1,9t`a �-,treett NOWd Win, ER IT R4SOLVLD by the City Cou-- aAci,, of the City of Newport Beach that the Mayor and City Clerk -: herabi authorised to execute a twsporaxy grant of easement to the Southern Califox-nia t discn Company for power line subject to said exceptions, acxo s the following r €-al propestly legally described as follows. A !strip of send, 10 fee: wide, lying within tt;at ;action of Lot A of the Banning Tract, as sham on a map of �4,z id tract filed in th.a cage of Hancock Sari -sing and othexa vU. Mary M. Banning for partition and being Case No 6385 upon the Ragiater of Actions in than Superior Court of than 5tote of California, in and for the County of Loos Angeles, described in that certain Pi na.t Order of Condeu^anation it the Superior Court of the State of California, in +aged for tho County of Orange, C--so ao. 59461, a cartifift4i c0p.,, of which was recorded on January 27, 1953, in :Book 2443, page 91, of Official Records, in the officae of *.ho County Rase rtMw. of .'said County of Orange. The center line of laid iR_f'4ot_ ,aid+ strip of 1.-:z d is described as fol2owsr Beginning at the inter,-on of t; r westerly 14nt,a es said certain parcel of land de5cribed on a: id page a lint that is par,-allsT2 with and - Ustant noct"es4r'.y 5"iv:2 `5j at fight *Aqlc-; the soutbe-rLy line Of FzAd cert =in pircely tbAmcp iiovth e '23'3$" kaot distaxw* 0' 473.37 feet along *"d p,-Iralleb line to � Point described as Pokaz. "A*j -theace South 60.39'59 ", !��aet to t12e iioutherly lin.- of s�A;5 parcel descril,�d, on 3aid p&q� 60. Tho side lines of maid 10-foot-tvide strip of shall be prolonged or shortened so as to intersect t'" >e '�MA*erly i aauth-ir4 limas . of -,;aid parcel of lar,6 (= acwiboia L, 2443, pig• !tn of said Officir>1 TR-�-cords. L"Luning at hereirl-above rt- fl:rvad! to Point "Apt thmWe forth 1910n'34" East, 40.00 tXCEPT THA5 PORTIOU thereof 41 -4cribed in Strip I above.,. Be IT MTP�� 'R RLSOLVED the City Clerk: is heraby directed -10 cause t7he recordation of -viid t-amporary tgrant a:F �aaewnt i1i the Office of the county necorder of (:>;= sage County. AWPTED thin 2= day of ijanuary. 1271. sayor ATTEM't City Clerk 2/1/71 t AFFIDAVIT OF MAILING STATE OF CALIFORNIA) ) SS County of Orange ) I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is: 3300 Newport Boulevard, Newport Beach, California. On December 11, 1970, I mailed the within ,notice of Intent to Dispose of Surplus Unimproved Land to each of the following agencies, by placing executed copies thereof in sealed envelopes with postage thereon fully prepaid, in the United States mail at Newport Beach, California, addressed as follows: Recreation and Parks Department City of Huntington Beach 1706 Orange Avenue Huntington Beach, California Harbors, Beaches and Parks Department County of Orange 1901 Bayside Drive Newport Beach, California State of California Resources Agency 1416 Ninth Street, Room 1311 Sacramento, California 95514 I certify under penalty of perjury that the foregoing is true and correct. Executed on December 11, 1970, at Newport Beach, California. Magar t L. Harper j CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 NOTICE OF INTENT TO DISPOSE OF SURPLUS UNIMPROVED LAND December 7, 1970 To: Recreation and Parks Department City of Huntington Beach 1706 Orange Avenue Huntington Beach, California Harbors, Beaches and Parks Department County of Orange 1901 Bayside Drive Newport Beach, California State of California Resources Agency 1416 Ninth Street, Room 1311 Sacramento, California 95814 Pursuant to the requirements of Title 5, Division 2, Article 8 of the California Government Code, PLEASE TAKE NOTICE that the City of Newport Beach intends to sell the following described surplus land: That certain real property lying in the County of Orange, State of California, more particularly described as follows, to wit: That portion of Lot "A" of the Banning Tract, as shown on a Map of said Tract filed in the case of Hancock Banning and others vs. Mary H. Banning for partition and being Case No. 6385 upon the Register of Actions of the Superior Court of the State of California, in and for the County of Los Angeles, described as follows: Beginning at the intersection of the center lines of Whittier Avenue and Nineteenth Street as shown on the Map of Newport Mesa Tract recorded in Book 5, page 1 of Miscellaneous Maps, the center line of said Nineteenth Notice of Intent to Dispose of Surplus Unimproved Land -2— December 7, 1970 Street being the North line of said Newport Mesa Tract; thence Northerly along the Northerly extension of the center line of said Whittier Avenue, a distance of 30.00 feet; thence Westerly parallel with the Westerly extension of the North line of said Newport Mesa Tract, a distance of 33.0.00 feet; thence North 1620.00 feet; thence Westerly 1063.00 more or less feet parallel with the Westerly extension of the North line of said Newport Mesa Tract to the West line of land described in deed to Ednah Race Capron, recorded October 23rd, 1944 in Book 1281, page 199 of Official Records; thence South 1650.00 feet along the westerly line of said land of Ednah Race Capron to the Southwest corner thereof; thence Easterly 1393.00 more or less feet along the Westerly extension of the North line of said Newport Mesa Tract to the point of beginning. The above described land is hereby offered for sale. at fair market value for park or recreational purposes to the public agencies listed above. HLH:mh HARVEY r.'HURLVZMT City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California