HomeMy WebLinkAboutC-1590 - Electric transmission line use on San Joaquin Hills Roadr -
,Inv 121973
;y +4e CITY COUiJCIL
To:
From:
Subject:
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
November 12, 1973
The Honorable Mayor and
Members of the City Council
City Attorney
Joint Use Agreement with Southern
California Edison Company
The construction of San Joaquin Hills Road resulted in a small
northerly strip of the street right -of -way encroaching into an
existing Edison Company easement. A utility easement over
public right -of -way ordinarily establishes a franchise rela-
tionship. The franchisee's rights are subordinate to the City's
rights. Accordingly, the franchisee may be required to remove
or relocate without expense to the City any of its facilities
if, for instance, it becomes necessary to change the width of
the street.
Southern California Edison has requested the City to enter
into a joint use agreement which in effect would preserve
their prior rights, thereby avoiding the possible implication
of being in a franchise position with the City. This would
mean that the cost of any future relocation of the Edison line
would be borne by the party making the request. There is
nothing legally improper in entering into such an agreement.
DENNIS O'NEIL
City Attorney
DON dm
CC: City Manager
City Clerk
Public Works Director
e
r;
OCT 291973
ay the CITY COUNCIL ! V 12 1973
-y .sC ,,�A omsRS RFAC; H
Dy ^0`7 COUNCIL
TO: CITY COUNCIL
FROM: Public Works Department
October 29, 1973
CITY COUNCIL AGENDA
ITEM N0. H -2 (i)
SUBJECT: JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
LOCATION: NORTHERLY SIDE OF SAN JOAQUIN HILLS ROAD FROM MARGUERITE
AVENUE TO SPY GLASS HILL ROAD
SUBDIVIDER: THE IRVINE COMPANY AND JOHN D. LUSK & SON
RECOMMENDATIONS:
Adopt a resolution approving the Joint Use Agreement and authorizing
the Mayor and the City Clerk to execute the agreement.
DISCUSSION:
The Southern California Edison Company has had a 66,000 volt trans-
mission line extending from their substation on Crown Drive easterly across
Marguerite Avenue to the City boundary for several years. The line was located
within an appropriate easement granted to Southern California Edison Company by
The Irvine Company. As various subdivisions and resubdivisions in this area
were developed, two things occurred. First, street rights -of -way were dedicated
for Marguerite Avenue, San Joaquin Hills Road, and Spy Glass Hill Road. Second,
the transmission line was relocated and a new easement granted to Edison by the
subdivider. The cost of the relocation work was paid by the subdivider.
Portions of the new easement, which is compatible with the relocated
transmission line, overlap with the various street rights -of -way. The facilities
located in the overlapping areas would normally be considered as in a "franchise
position" rather than an "easement position ". The distinction is that the cost
of any relocation from an easement position is generally borne by the party mak-
ing the request. In a franchise position, however, the City can request and
require the Edison Company to relocate their facilities at Edison's request upon
proper showing of a reasonable purpose, such as street widening or realignment.
Such a relocation demand at no cost to the City can be made one time only.
To preclude such a situation from arising subsequent to the recent
relocation project, the Edison Company has prepared the subject Joint Use Agree-
ment and requested its execution by the City. In essence, the agreement stipu-
lates that the Edison Company will relocate their facilities and acquire any
additional right -of -way required only after the requesting party has made appro-
priate provisions to pay for all associated costs. The agreement has the effect
of preserving Edison's "prior rights" established by the fact that they were there
first.
-1-
•1 . .
October 29, 1973
SUBJECT: JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
Page 2
The agreement appears to reflect established policies and practices.
It is recommended that it be approved and executed by the Mayor and the City
Clerk. The agreement will then be returned to the Edison Company for execution
and recordation.
A sketch of the area involved in this Joint Use Agreement is attached
for reference.
7/s, O'
Joseph T. Devlin ( l3t3lt-j
Public Works Director
GPP /jfd
Att.
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OCT V 1973
By the CITY COUNCIL
'r ep�i'stn.a7F REt+C9'I
,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A JOINT USE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND SOUTHERN
CALIFORNIA EDISON COMPANY IN CONNECTION WITH
AN ELECTRICAL TRANSMISSION LINE LOCATED ON
THE NORTHERLY SIDE OF SAN JOAQUIN HILLS ROAD
FROM MARGUERITE AVENUE TO SPYGLASS HILL ROAD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Southern California Edison Company
for the joint use of an electrical transmission line located on
the northerly side of San Joaquin Hills Road from Marguerite
Avenue to Spyglass Hill Road; and
WHEREAS, the City Council has considered the terms
and conditions of said joint use agreement and found them to
be fair and equitable and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said joint use agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ATTEST:
City Clerk
ADOPTED this 29th day of October, 1973.
Mayor
mh
10/24/73
October 23, 1973
TO: CITY ATTORNEY
FROM: Public Works Department
SUBJECT: JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
ALONG SAN JOAQUIN HILLS ROAD BETWEEN MARGUERITE AVENUE AND
SPYGLASS HILL ROAD
Attached is the original and one copy of the subject agreement
along with a copy of the transmittal letter dated October 17, 1973, from
Mr. Robert Burbank of the Southern California Edison Company.
We have reviewed the agreement and it appears satisfactory.
The references in the agreement to recorded instruments have been checked
and are correct.
The agreement is similar to the Joint Use Agreement along
Jamboree Boulevard between MacArthur Boulevard and Campus Drive which the
City Council approved on July 23, 1973, by adopting Recolution No. 8056
(a xerox copy of that resolution is also attached). The purpose of the
Joint Use Agreement in each instance is to protect SCE's "prior rights"
with respect to overlapping easements. Under such circumstances, the
City is precluded from forcing SCE to relocate their facilities at their
expense under the usual terms of their franchise.
Please prepare an appropriate resolution approving the agree-
ment and authorizing the Mayor and City Clerk to execute it. The resolu-
tion is desired for City Council consideration at the October 29, 1973
meeting.
A separate explanatory memo will be prepared by the Public
Works Department and placed on the Council agenda to accompany your reso-
lution. A sketch of the area involved in the agreement will be attached
to the memo.
Gail P. Pickart
Subdivision Engineer
GPP:hh
Att.
a; ,
ZI'iT
RESOLUTION N0. , `5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NE- PORT BEACH AUTHORIZI_`G THE
EXECUTION, OF A JOINT USE AGREED ENT BE-
TWEEN THE CITY OF NEWPORT BEACH AND THE
SOUTHERN CALIFOPNIA EDISON COMPANY FOR
THE RELOCATION OF POWER POLES ALONG
JAH30REE BOULEVARD FROM MAC ARTHUR BOU-
LEVARD TO CAT%LPUS DRIVE
WHEREASE, there has been presented to the City
Council of the City of Newport Beach a joint use agreement be-
tween the City of Newport Beach and the Southern California
Edison Company for the relocation of power poles along Jamboree
Boulevard from MacArthur Boulevard to Campus Drive; and
WHEREAS, the City Council has considered the terns
and conditions of said agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that said joint use
agreement is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 23rd day of July , 1973-
Mayor
1
Ci=-,, C1erR
DON ,l-!
7j 19/73
a . .
Southern California Edison Company
R. P. BURBANK
MANAGER. NEWPORTBEACH
City of Newport Beach
City Hall
3300 Newport Blvd.
Newport Beach, CA 92660
Attention: Gale Pickart
P. O. Box 111
HUNTINGTON BEACH. CALIFORNIA 916x3
October 17, 1973
Subject: Santiago -Crown and Santiago - Crown -Morro 66 KV T/L
Relocation - San Joaquin Hills Road, east of
Marguerite Avenue, Newport Beach
R/W File No. 4 -2668 RR
Gentlemen:
The Irvine Ranch Company requested Edison to relocate the subject
transmission line in order to develop subdivisions in the area of
San Joaquin Hills Road, east of Marguerite Avenue, Newport Beach.
Our facilities were installed by virtue of easements, therefore,
Edison is entitled to reimbursement for relocation costs and replace-
ment right -of -way.
At the present time, the line has been relocated and the Irvine Ranch
Company has granted Edison new easements. However, a portion of our
easement area is within San Joaquin Hills Road; which was dedicated
to the City of Newport Beach prior to Edison obtaining the above
easement. Therefore, a Joint Use Agreement between Edison and the
City of Newport Beach will be required in order to complete our
replacement right -of -way.
It is our understanding that the Joint Use Agreements originally sent
to the City have been misplaced. We are enclosing a new original and
copy of a Joint Use Agreement to be signed by the City of Newport
Beach.
Please have the instruments signed and return them to this office
together with an excerpt of the minutes of the City Council authorizing
execution.
City of Newport Beach
Attention: Gale Pickart
Page 2
After Edison has signed and recorded the Joint Use Agreement, a copy
will be returned for the City's records.
Ver t yours,
1-
R. P. Burbank
Enclosures
0 4k
CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1.590
Description of Contract
otl
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE April 23, .1974
Authorized by Resolution No. 8125 , adopted on ll --2-73
Effective date of Contract NovenDer 13. .:474
Contract with Sout}fam California Edi.sm Ckx�v
Pmount of Contract Sm rvintrAct
cc: 7ublic Works .Aerartilmt
Attn: '_ail Pckart
Southern California Edison Company
P. O. BOX III
HUNTINGTON BEACH, CALIFORNIA 926Q
R. P. BURBANK
MANAGER, NEWPORT BEACH April 18, 1974
City of Newport Beach
3300 W. Newport Boulevard
Newport Beach, Ca. 92660
Attention: Mrs. Laura Lagios, City Clerk
Gentlemen:
JOINT -USE AGREEMENT
SAN JOAQUIN HILLS RD. E/0 MARGUERITE
AVENUE TO SPYGLASS HILL RD.
Attached is a fully executed copy of the subject Use- Agree-
ment.
This Agreement was recorded as Instrument No. 17332, in Book
11090 at page 1062 on February 25, 1974.
This copy is for the City's records.
RPB:imr
Attachment
Yours very truly,
-Robert P. Burbank, Manager
Newport Beach
Book 11090 Page 1062
Recorded February 25, 1974
Instrument No. 17332
City of Newport Beaci!h
JOINT USE AGREEWENT
THIS AGREEPTNT, made and entered into this ?-,q
day of__a/ ve491A.&� /,C? 197-3 by and between SOUTHERN
. jnm "I - - - 11 e
ED1S0N'_'CO3kKPANY, a torpor tion,,7i�reinafter called "Company and the
CITY OF NEWPORT BEACH, a zriulnicipal corporation of the State of Ceiliforniag,
hereinafter called "City,",
ev I T N
-;' E 5 S E T 1
THAT V1011 '�REAS Company is the owner in possession of certain
righttz ni,' -v-Fay md, easement(s) for electrical facilities by virtue of
the following easenent rightsi
allGrant of Easement frog The lr,%�ina Company, dated July 30,
1966, recorded on August 29, 1968 in Book 8705, page 942, of official
Reaords, in the office of the County Recorder of sa-Ld County, and Grant
i of Baselven t, dated March 10, 1947, recorded on r,.pril 9, 1947 in Book
page 138, of Official Records, in the office of said County Re-
corder.
`aereinnfter referred to as "Company's easement"; and
WHEREAS City 'Alas acquired easement rights for street and
highway purposes for the construction and/or improvement of San Joaquin
Hills Road, Maguerite Avenue and Spyglass Hill Road in the 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 �iereof which said highway right of way is subject
to Company ls easement; and
WHEREAS Company's facilities as now installed and lacat� -
or, said highway right of way will interfere with or obstruct the Con-
structioup reconstruction# maintenance or use of said street or hiqh-
way, and CVL,_,,,,, desires to eliminate such interference or
,'- I
NOW THE REF01M, in consideration of the premises - and the
mutual covanants herein contained, 17crnpany and city do hereby agree
as follawa s i
1.hcf &w1
ccua7 i nl� icinp, s easement insofar as it now
.11 1 y
lies within the said hIghway rig1lt of way, be, and it hereby is,
changed to the atrip of Land within said highway right of wayl, here-
inafter referred to as location", as shown on said print marked J),
"Exhibit A". 0
2. 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 way. Company hereby consents to the constructione 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
Joint Use Agreement
S.C.EX0.1 a corp. and
City of Newport Beach
Serial No. 44823A
6. Except as expressly set forth herein, t6i� arr eement
shall not in any way alter, modify or terminate .apovision of
y
Company's ease mie-nit, Both City and Company shall 'use acid new loca-
tion in such a manner as not to interfere unduly withlthe 'rights of
the other. Nothing here-tln contained shall be construed as a release
or waiver of any claim. for 1-10mpens ation or damages which -Company or
City may now have or may hereafter acquire resulting froTvthe con-
struction of additional facilities or the alteration of e4isting fa-
cilities by either City or comf
any in such a manner as to cause an
unreasonable interference wit"", 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 maintenance of said
street or highway, by the City or its contractors, and that, if neces-
sary, City will protect Company's facilities against any such damage,
at City's expense.
7. Company shall have the right to trim or top any tree or
trees which may grow in said now location in said highway right of way,
-2-
Joint Use
S.0 E Co., a ca_ -'p, a and
City of Newport Bei &A
Serial o® 44823A
and iyhxich 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.
8. 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 agree-
ment to be executed in duplicate by their respective officers thereunto
duly authorized, as of the day and year herein first above written,
A
'APPROVED AS TO FORMI'�
Date:
"I"k
Cff-Y-,�TTO
ATTEST -:-
City Clerk
S I C
TA'.'PE OF ALIFORNIA
SOUTHERN CAL CARNIA DISO <OMPAN1Y
By
t
cre
po B. Manager o Right
of Way and Land Department
By
Assistant Secretary
CITY 0 NEWPOR EACH
Mayor M
) Ss.
COUNTY or LOS ANGF,,LES
on this'apt day o f before
met a Notary Public rn—i-n7d, for s-aM—State, pe Oaired P. B.
Peecook, known to me -to be the Manager of Right of Way and Land
Department, and known to me to
.ry
be an Assistant earet. of Southern Cali orni"a' =Eison Company, the
corporation that executed the within instr=ent, known to me to be
the persons who executed the within instrument on behalf of the corp-
oration herein named, and acknowledged to me that such corporation
executed the samet pursuant to its by-laws or a resolution of its
board of directors.
WI ESS h d official seal.
MY PPICIAL SR AL
E MARLATT
.4c IC -CALIFORNIA
FWAI A
QPFICE IN
E -ES COUNTY
A14" •0o1nni EXpires October 14, 1976
M
om
joint Use AgreemeT
S.C.E.Co.r a corp., and
City of Newport Beach
Serial No. 44823A
STATE OF CALIFORNIA
ORANGEss
COUNTY OF
on this 14th day of November 1973 , before
me, a Notary Publj.F7i7-n—afi=0r said State, peri�o—rihl:ry--a--ppeared Pro -Tem
Howa---d Rogers known to me to be the Mayor/ -0f
the
Newport Beach, the 4unicipal corporation that executed the
y
C t -
within instrument, known to me to be the person who executed the within
instrument on behalf of said City of Newport Beach, and acknowledged
to me that such municipal corporation executed the same.
WITNESS ydy hand and official seal.
PAL EN
A
ORANGE COUNTY
Feb.ply Commission Expires 9. 1977
I
C -1590
See Contract File for
Exhibit "A" —
Map Showing Area in Joint Use Agreement
CITY Ci;ac
November 14, 1973
CITY RPITMEY
CITY CLERK
ELECTRIC TRANSMISSION LIKE SAN JQW)IN HILLS ROAD
Attached are the original znd One copy of agreement with the
Southern California Edison Copy for joint use of an
electric transsdssion sins cn San Joaquin Hills Road. Please
have the agreement sipod by the Edison Oompany and return the
original to M office for filing.
Execution of this agrssspnt was authorized by the City Council.
on November 12 by the adaption of Resolution No. 8125.
Laura Lagios
city Clerk
LL:swk
enc.
11 OV 12 1973
By the CITY COUNCIL
RESOLUTION NO. 8125
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A JOINT USE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND SOUTHERN
CALIFORNIA EDISON COMPANY IN CONNECTION WITH
AN ELECTRICAL TRANSMISSION LINE LOCATED ON
THE NORTHERLY SIDE OF SAN JOAQUIN HILLS ROAD
FROM MARGUERITE AVENUE TO SPYGLASS HILL ROAD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Southern California Edison Company
for the joint use of an electrical transmission line located on
the northerly side of San Joaquin Hills Road from Marguerite
Avenue to Spyglass Hill Road; and
WHEREAS, the City Council has considered the terms
and conditions of said joint use agreement and found them to
be fair and equitable and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said joint use agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 12th day of .November, 1973.
Mayor
ATTEST:
City Clerk
mh
10/24/73