HomeMy WebLinkAbout21 - Dedication of Easements to Underground District 15January 22, 2002
CITY COUNCIL AGENDA
ITEM NO. 21
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: DEDICATION OF EASEMENTS TO THE EDISON COMPANY IN ORDER TO
UNDERGROUND OVERHEAD LINES IN RULE 20A UNDERGROUND DISTRICT
NO. 15 - (NEWPORT BOULEVARD FROM 19" STREET TO 31sT STREET AND
MCFADDEN SQUARE AREA)
RECOMMENDATIONS:
Dedicate easements to the Edison Company for the undergrounding of overhead utilities.
2. Authorize the Mayor and City Clerk to execute the easements using a notary.
DISCUSSION:
The City Council established Rule 20A Underground Utility District No. 15 with the passage of
Resolution 99 -33 on April 26, 1999. The resolution required the Edison Company to underground
the existing overhead facilities on Newport Boulevard between 30"' and 19'h Streets.
In order to complete the undergrounding of the overhead utilities, Edison requires a 5 -foot wide
easement along the northerly property line of 106 22nd Street, a City -owned parcel, in order to
provide service to 108 22nd Street (see attached Exhibit "A "). In addition, Edison also requires a
10 -foot wide easement in the alley extension across the City parcels bounded by 30"' Street,
Newport Boulevard South, and 29"' Street (see attached Exhibit "B ").
Dedication of these easements will authorize the Edison Company
facilities to be eructed in conjunction with Underground District No.
"Stephen J. Badum
Public Works Director
By
Richard L. Hoffstadt, P.E.
Development Engineer
Attachments: Exhibit of Rule 20A Underground Utility District No. 15
Resolution No. 99 -33
Exhibit "A" - Easement for 5 -foot Dedication
Exhibit "B" - Easement for 10 -foot Dedication
to install and maintain the
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RESOLUTION NO. 99 - 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT 15 (AT THE NEWPORT /BALBOA
BOULEVARD — MC FADDEN SQUARE INTERSECTION
AND NEWPORT BOULEVARD FROM 19T" STREET TO
32ND STREET) AND ORDERING THE REMOVAL OF
POLES, OVERHEAD WIRES, AND ASSOCIATED
OVERHEAD SERVICES WITHIN THAT AREA OF THE CITY
LOCATED WITHIN SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, or similar services;
and
WHEREAS, on the March 22, 1999, the City Council took action to set a
public hearing for the 26th of April 1999, at 7:00 P.M. for the purpose of determining
whether an underground utilities district should be established within that certain territory
referred to as Underground Utilities District No. 15 (Newport/Balboa Boulevard —
McFadden Square Intersection and Newport Boulevard from 19th Street to 32nd Street),
which is hereinafter described: and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 15, the City Council has determined that public health,
safety and welfare require the formation of said District;
ORDERS:
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND
1. The public necessity, health, safety and welfare require the removal
of poles, overhead wires and associated overhead structures used to supply electric and
telephone service and their installation underground within the following described areas
of the City of Newport Beach:
That parcels of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
Newport Boulevard /Balboa Boulevard — McFadden Square Intersection
right -of -way including Newport Boulevard from 19th Street to 32nd Street.
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. M- 5335 -L, on file in the office of the
Public Works Department.
The City Council further finds that:
2. (A) Newport Boulevard along which the work is to be performed is
extensively used by the general public and carries a heavy volume of pedestrian and
vehicular traffic; and
(B) Newport Boulevard leads to a public recreation area and passes
through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 15, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
4. The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground service is March 1, 2001.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its affective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this 26th day of April , 1999.
Mayor
ATTEST:
City Clerk
i auserslpbMs haredkesolutionsluud- 15.doc
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 99 -33, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th
day of April, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April, 1999.
(Seal)
City Clerk of the City of
Newport Beach, California
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
\n LOUT),\ : \il_R OIi li):\;U. Com pnm
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683 -5240
Attn: Christina Nuanez
GRANT OF
EASEMENT
EXHIBIT "A"
Sheet 1 of 3
C�
DOCUMENTARY TRANSFER TAX S NONE (VALUE
Huntington Beach i
6433-6219
W -6219
AND CONSIDERATION LESS THAN $100.00)
SCE Company
047- 151 -06
SIG. OF DECLARANT OR AGENT DETERMINING TM FIRM NAME
ARM
CORPORATE
REALESTATE
MM /GB
Il /Ol /01
1
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "Grantor "), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as
"Grantee "), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and
remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred
to as "systems "), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above - ground
enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical
energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the
County of Orange, State of California, described as follows:
THE SOUTHEASTERLY 45.00 FEET OF THE NORTHEASTERLY 5.00 FEET OF LOT 9, BLOCK 21, MAP OF
NEWPORT BEACH, AS PER MAP FILED IN BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the
Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation,
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
EXHIBIT "A"
Sheet 2 of 3
EXECUTED this day of 20
GRANTOR
CITY OF NEWPORT BEACH, a municipal corporation
Signature
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 20 , before me, a Notary
Public in and for said State, 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 executed the same in his authorized
capacity, and that by his 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 of Notary
DMR0150030
6433 -6219 / W -6219
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EXHIBIT "A" -
Sheet 3 of 3
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RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
An IVIA)% 1 %IIXR IIli), 11 comp,m,
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683 -5240
Attn: Christina Nuanez
GRANT OF
EASEMENT
EXHIBIT "B°°
Sheet 1 of 3
LINE
DOCUMENTARY TRANSFER TAXI NONE (VALUE
Huntington Beach
6433 -6219
me
W -6219
AND CONSIDERATION LESS THAN $100.001
SCE `imony
APN 047 - 060-16
APPROVED:
CORPORATE
MM /GB
11/01/01
SIG. OF OECIARANT OR AGEW DETERMINING TAX FIRM NAME
REAL ESTATE
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "Grantor "), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as
"Grantee "), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and
remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred
to as "systems "), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above - ground
enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical
energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the
County of Orange, State of California, described as follows: .
A 10.00 FOOT WIDE STRIP OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, SAID STRIP LYING
SOUTHEASTERLY OF AND CONTIGUOUS TO A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 11, BLOCK 129, MAP OF LAKE TRACT, AS PER
MAP FILED IN BOOK 4, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 78.00 FEET, MORE OR LESS, TO THE WESTERLY
LINE OF NEWPORT BOULEVARD, 58.00 FEET WIDE.
THE SOUTHEASTERLY LINE OF SAID STRIP SIiALL BE SHORTENED TO TERMINATE NORTHEASTERLY
IN SAID WESTERLY LINE OF NEWPORT BOULEVARD AND SOUTHWESTERLY AT THE MOST
NORTHERLY CORNER OF LOT 12, SAID BLOCK 129.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the
Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation.
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
EXHIBIT "B"
Sheet 2 of 3
EXECUTED this day of 20
GRANTOR
CITY OF NEWPORT BEACH, a municipal corporation
Title
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On , 20 _, before me, a Notary
Public in and for said State, 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 executed the same in his authorized
capacity, and that by his 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 of Notary
2 D M R015003(
6433 -6219 / W -621(,
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