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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. ... ��UERi F 0 th Y 3` 2 \ a \ 414 r� to I w r a . ,L D oar \ � r r \T . \m \ .nom 1 2 O Z I i A y Orr'�� 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