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HomeMy WebLinkAboutC-1205(D) - Joint use agreement, Construction of Jamboree Road, Palisades, MacArthur extensionS EP 141970 TO: CITY COUNCIL By the CITY COUNCIL CITY aF MawPORT BEACH FROM: Public Works Department September 14, 1970 ,E: -3 ci) SUBJECT: JAMBOREE ROAD CONSTRUCTION, PALISADES ROAD TO MAC ARTHUR BOULEVARD, C -1205 RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute a Joint Use Agreement with the Southern California Edison Company providing for the relocation of existing facilities and granting new easements for these facilities in connection with the subject project. DISCUSSION: In conjunction with the construction of Jamboree Road from Palisades to MacArthur, it is necessary to relocate two sets of anchor wires and a guy pole which support a Southern California Edison transmission power pole. The pole will remain in a traffic island, but the anchors and guy pole must be moved to a location outside of the newly constructed roadway. The city's roadway easement was acquired after the Edison's easement, giving them prior rights in this area. The joint powers agreement provides for the city to pay for the cost of this relocation and any other relocations of the anchors and guy pole which may be requested by the city in the future. It also grants the Edison Company an easement for the new location of the facilities and gives them priority of title over the city's title in the new location. The estimated cost of relocation is $2265. The Edison Company will do the relocation work. This expenditure is an eligible gas tax expenditure and will be included in the funds budgeted for the subject project. seph T evlin P blic r s Director DL /bg /. 0 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. C -1205 6A t Description of Contract Joint Use Agreement - relocation of facilities in cametion with amotruction of Jamboree Rd. , Palis tw Authorized by Resolution No. 7276 , adopted on Sept. 14, 1970 Effective date of Contract September 17, 1970 Contract with Southern California Edison Ompany Address 538 Main Huntingtrn Beach, CA Amount of Contract See page 2 of cmtrect City Milk , 2t 4 5 6 7 13 1 15 ,16 17 20 21 23 �24 25 26 8 28 10 30 12 13 1 15 ,16 17 20 21 23 �24 25 26 31 zo- 32 27 28 '29 30 31 zo- 32 16 37 . 18 19 20 1 2 3' 16 37 . 18 .: 2 mutual covenants - herein, contained,-- CoMpSny; -and City do hereby agree as folloiwss 1. The location o f Company's edsement insofar as. it now lies within thQ said highway right of way, be, and it hereby is, changed to a strip of land within said highway right of way, hereinafter referred to as "new location ",, shown. on lie blue line print .marked Exhibit "A ", attach@ci; hereto and made apart hereof. 2. ".City hereby agrees to pay for'the total actual cost of.relocation incurred by Company for relocating its facilities from Company's easement and reconstructing the same in the new location,.including, but not limited to, the cost of acquiring.: any easements or rights of way over, prioate property. 3. In consideration.of ; tha payment 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 tq the new_location`Company agrees to rear�;ange, relocate and.recons "t within said new location, any of its facilities heretofore,pir now instal-led pursuant to Company's.easement within said highway right of'way, ,and Company does hereby surrende ;.and quitclaim City all of,Company's.right, title and interest under or by virtue of Company's easement in the old location; th,ii.said.highway, right of way and not included in said new location. Company hereby consents to the: maintgnance 19 20 2i 22 23 .: 2 mutual covenants - herein, contained,-- CoMpSny; -and City do hereby agree as folloiwss 1. The location o f Company's edsement insofar as. it now lies within thQ said highway right of way, be, and it hereby is, changed to a strip of land within said highway right of way, hereinafter referred to as "new location ",, shown. on lie blue line print .marked Exhibit "A ", attach@ci; hereto and made apart hereof. 2. ".City hereby agrees to pay for'the total actual cost of.relocation incurred by Company for relocating its facilities from Company's easement and reconstructing the same in the new location,.including, but not limited to, the cost of acquiring.: any easements or rights of way over, prioate property. 3. In consideration.of ; tha payment 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 tq the new_location`Company agrees to rear�;ange, relocate and.recons "t within said new location, any of its facilities heretofore,pir now instal-led pursuant to Company's.easement within said highway right of'way, ,and Company does hereby surrende ;.and quitclaim City all of,Company's.right, title and interest under or by virtue of Company's easement in the old location; th,ii.said.highway, right of way and not included in said new location. Company hereby consents to the: maintgnance 4 S $ "t r Al Z . 13 1. 2. COJOJH ny on descant .for ,ate ` �aSa' *rwwre t i p retith such 3 r 15 _ 4, 5: rearrangemeA �ta gC. the .COO �'*'"- and uppm '. e. 17 7 8 t4 ef£ect:sti�h'rearrange y °: #4,ation, x '.;onaty, u4 9 ,, 28 or any part thereof, and (3) eiimburse Company for any;co9,i 10 removal. Company, shall Fp a iap due care Or t u'pzoteotion of 30 easements; provided it is mg ally agreed in writing that Company 11 the .;travelixg, pyblo. NO fetter pe'r Q pson' from pity 12 4 S $ "t r Al Z . 13 notify Cot* 047 ih writ, f sn necesa ? 9 pI i send 'agree to reimbur I i4 COJOJH ny on descant .for ,ate ` �aSa' *rwwre t i p retith such -. r 15 _ Mice, C ©LapaA wl} 1 piC4'!e 'C with pl tY ti �£ its Proposafl 1e rearrangemeA �ta gC. the .COO �'*'"- and uppm '. 17 approval of suoh` p7�ne It Pro tptyZl01 Proceeds 1$ t4 ef£ect:sti�h'rearrange y °: #4,ation, x '.;onaty, u4 m3 g ,, 28 or any part thereof, and (3) eiimburse Company for any;co9,i lg removal. Company, shall Fp a iap due care Or t u'pzoteotion of 30 easements; provided it is mg ally agreed in writing that Company ' 20.; the .;travelixg, pyblo. NO fetter pe'r Q pson' from pity 21 for';ali rearraxtgemeSiC ; vraictat3oA ox recpnstrution Se g ` 22 required and City will L 1 } enter . into a o fit 4014 greeent on ^` 53:; the,.aame ;t'er�►s and Ycomdi i s':ars ark h eft set .forth 4overing 24 any.:sui+}nba4gtte?r►t re�ocatio etf .. faciliti es within -. , . 25 said-hi hwa y ..p ectment (s) ri h , 26, granting to Company a .good ar{d sf£ciexl ,easement or. easements 27 over, ".private property 1Z.-, necessary to replace Company's ease.4rtt ,, 28 or any part thereof, and (3) eiimburse Company for any;co9,i 29 which it may be r:equired�fiQ expend zo acquire s4tit aast dr 30 easements; provided it is mg ally agreed in writing that Company 31 shall agq}�ire such easement off;ear n . 32, b C.it9 agrees to Xeimburae sari for sn ;loss t R I 7 n 27 2s 29 30 31 32 Company may suffer because,of.any lack io-f or 'defect in City's title to: said: nets. location or any „v.ubsequent ,1a Ation. within said highway: ri g y ,ght ai way, or in the t#le,;to as g. easement. provided by City over private property, tiq which Company relocates. its .facilities purist to theIprovieions hereof, and City.agreea that if. Company is `.ever,.., to relocate its facilities. becaus ;.of any, s+�ch lack ctf or. defect in title, City shall reimbur$e.Co any for the cost::Of_ relocating its facilities and any, other ,reasonable cdsS aisrig therefrom, suet► as but not limited to,;costs to acquire,`any right of way required. for '. such relocatizon. ;. City f all not ri�imburse Company. any.`loss: 1 a -caused by Company's own fault or negligence. 7 Except as expressly set Wirth herein, ;his z agreement.shall_.not 'in ,any wad Jbr_t, modify or terminate any provision of Company's easement. Both City and Company shall -use. said new:;location in:such e.denner;as trot to interfere unduly with the rights'of :the othet; .Nothing herein contained shall be co nstrued.as a release or waiver of -a claim fOr.`COmPensatlon or damages which Company 9r City may nqw Jaye or :may }hereafter acquire resulting from the construction of :additional facilities'` or the alteratton.of existing.fecilities.by either City or . Company..in such a, manner.;” to - .cause an unreasonable interference with, the use of said new location'. by the other part y ,• City.- agrees that.; Company's facilities shall:not be dams ed;by reason of the construction, reconstruct�on or maintenance of said street or highway, by the City or its contractors, and that, if.necessary;;,,G.ity will protect Company's facilities against any such damage, at City's expense.. B. company shall. have. the right to trim- or.top' . any tree or trees which may grow in said'new.location in said highway.right.of:Fay, and which in the opinion of Company may endanger or nterferew .ith.t'he'.proper`;pperation or :. ; Y , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 - 5 - maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger. 9. 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. ATTEST: tit Cier SOUTHERN CALIFORNIA EDISON COMPANY By lk 4 ice Pres4rdent ByYy. ASyslant ageteorary CITY OF NEWPORT BEACH By� ' mayor h' $y OC" 5 V m � 0 �R Q � Z Z N g2' /Il3C 0 6'➢. !A. J��p v ® FrFrEFl /N ./G //YT USE !�G �4f-EMt NT �[R. y n 1 �Yv Q Q J. o. �' j M 1 T Z v SCf7 ffillr--Il /W9P SNOkyl -'VG RRZ-711 JNLLdL'ED' JN .10 /J/T USE R6REEJYIEN7- W /Ti 7-17,,F C-I-,rl OF 1yeW ✓G 7- AC o li, C, ,�; C,Lcrrxc -- So . 7 • . ...c „:,( j y jy CI THE C rTY CO=- IL OF Tx34 CM QZ ce.i ;`. X% SS ::zAnCCf pi�AUTTI'iIMZZ aRIZ NXWUTiON Off' &WOP✓RT BEACH AAW 4i*UTMMO CALL R:i!A WXSQDT �.'MUW, there has ben a avented to the City CMUIN�C l o% the City of Newport Z@ h a cGrt�:in Joint U.5:r Agsoerent b t ' -:.•r than City cf 'xb - _ rt Be&&, nrad :;c .at.hzrn igYirortnia meson - u'Ompanny in cc >Pxz *ctio?t wiVh th° ,r ir. -tpxov nt a£ Jnmboa:=a& rc; 3 at a CArthux WELRZ”, th � City Council. line considered thei r w:mms .tnd conditions of gF..L: Joint Use Agri €.tur*At and faun: there to ce fair and equity i l.e x NM, TliiiRr CR , BE IT i &SOLViZD that aa£k':' . Joint U-se Agreenent i.a R ppzavcc9., snd the M=yor snd City Clerk ar:: hereby uthorired and directed to oxecute tbe gimme on behalf of the City of iiwport Bcrwch. ADOPTED this lelM day of ! �►+mi�. r v9/7%:-' is • Southern California Edison Company SM HUNTINGTON BEACH DISTRICT November 17, 1970 ERK C := 1 ,97C' .', CITY OF PIcWFpnF E CALIF. EACH, City Clerk City of Newport Beach 3000 W. Newport Blvd. Newport Beach, California Dear Sir: The enclosed executed copy of Joint Use Agreement is forwarded for your file. Very truly yours, R. J. Campbell, District Manager �W. E. Guff Customer Service Planner WEG:jh Enclosure Laaa Logf c. MY Cie* LL :midc w ti 8 i September 17, . Punic WORKS W�ORKS y }�m Webb faim Legics, City mark Laaa Logf c. MY Cie* LL :midc