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Home My WebLink About1992-01-14 - AGENDA REPORTS - AGMT IMPROV PROJ 90 17 RESO (2)AGENDA REPORT City Manager Approval Item to be presented CONSENT CALENDAR Lynn M. Harris /// / ✓G(Zw DATE: January 14, 1992 SUBJECT: ENCROACHMENT LICENSE AGREEMENT IN CONNECTION WITH STREET AND DRAINAGE IMPROVEMENTS IN EAST NEWHALL PROJECT NO. 90-17 RESOLUTION NO. 92-2 DEPARTMENT: Community Development BACKGROUND Council has on its agenda for January 14, 1992 the bid award of Street and Drainage Improvements in East Newhall, Project No. 90-17. The alignment of drainage facilities as shown on the contract plans crosses an existing 16" high pressure gas line in easements owned by the Southern California Gas Co. - see attached map. Easements granted to the Southern California Gas Co. allows them to construct, operate, and maintain one or more pipelines over the real property located in the City. The easement prohibits the construction of any building, improvements, or other structures on top of, or within the easement. The Gas Company is willing to make an exception to such restrictions as provided under the terms and conditions of the Encroachment License Agreement, in order to allow and to accommodate the construction of improvements in accordance with the contract plans and specifications for Street and Drainage Improvements in East Newhall, Project No. 90-17. Execution of the License Agreement will avoid possible condemnation and acquisition expense to the City. It is necessary to have an executed agreement prior to the commencement of work on this project. Staff recommends that Council approve this agreement and authorize execution by the Mayor. Council approve Resolution No Encroachment License Agreement. ATTACHMENT Resolution No. 92-2 Encroachment License Agreement Map 92-2, and authorize the Mayor to sign the Adopted:_ �., 5� Agcy i Item: SOUTHERN CALIFORNIA W COMPANY MAILING ADDRESS: BOX 324A LOS ANGELES CALIFORNIA 900514249 ENGINEERING DEPARTMENT August 27, 1991 A -TT w M City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355 RE: Encroachment License Agreement (R/W 163.20-4) Enclosed is the original and a copy of a document which after exectution by the City and Southern California Gas Company, will allow certain improvements within our pipeline Right of Way at Pine Street near Market Street, in the City of Santa Clarita. Please execute the orignal document where indicated on Page.4, have signatures notarized and return the document to my attention. A stamped envelope is included for your convenience. I will obtain the execution by Southern California Gas Company and record the document. A recording reference will be provided to you after recordation. Should you have any questions, please call me at (818) 307-2669. Thank you for your cooperation in this matter. Sincerely, Specialist cc: D. Crownover R. Moeder 0 IN WITNESS WHEREOF, the parties hereto have executed this Encroachment License Agreement an the day and year written below. SOUTHERN CALIFORMA GAS COMPANY Date: i�L/_ i_ r .27 By. - • Manager of -,,. ,e..... .._.`i .:....A Property Management and .._.., Information Services . CITY OF SANTA CLARITA Date: By: Title Date: By: 'itle: .EASE SIGN AND ACKNOWLEDGE M INSTRUMENT BEFORE A OTARY PUBLIC. SIGN YOUR NAME EXACTLY AS IT IS TYPEWRITTEN ON THIS DOCUMENT. LEASE MARE SURE NOTARY SEAL IS CLEAR. StateofLC�F�Lt`:ig County ro�f � 5 I�y� On /1d''.Z3�1 _. before me, YO/ personally appeared ��777777 NnwES10F 910N 1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence (( to be the person(s) whose name(s) is/are. subscribed to the within instrument and ac- knowledged to me that he/she/they executed _ the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Witness my ha/ndd d official seal. M . ATTOMON NOTARY: AlNlm lTHIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUALS) _ OFFICER(S) Q PARTNERS) ' C3 ATTORNEY-IN-FACT TRUSTEE(S) ❑ SUBSCRIBING WITNESS (] GUARDIANCONSERVATOR 13 OTHER: SIGNER IS REPRESENTING: ..:ErPERS ISO. ENT?VyE51 . O cemHmla N unwm"m documem, Title &Type of Document ' ti amu- �" " - " Number of Pages 7 Date of Docu nt Signer(s) Other Than Named Above ' 71991f WTmWTmy MSS ATQ .R Nm / ' - P 0. 9o. T,N. ca a • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: • SOUTHERN CALIFORNIA GAS COMPANY P. 0. BOX 3249, Terminal Annex Los Angeles, California 90051 Attn: Right of Way Department Space Above This Tin. ENCROACHMENT LICENSE AGREEMENT R/W -163.20-4 This Encroachment License Agreement (the1991 "License') is dated this day of • ' and is made by and between SOUTHERN CALIFORNIA GAS COMPANY, a California corporation, successor in interest to Pacific Lighting Gas Supply Company, a California corporation, (hereinafter referred to as "Licensor"), and THE CITY OF SANTA CLARITA, (hereinafter referred to as "Licensee"). WHEREAS, Licensor is the owner of a certain easement or easements for pipeline purposes, located in the City of Santa Clarita, County of Los Angeles, State of California, (hereinafter referred to as the "Easement"), and more fully described as follows: An easement as described in document recorded April 25, 1958 in Book D 81, Page 707, st seq of Official Records of Los Angeles County, State of California. WHEREAS, the Easement authorizes Licensor to construct, operate and maintain one or more pipelines and/or appurtenances over the following described real property, (hereinafter referred to as "Licensee's property"): The southwesterly 16-1/2 feet of that portion of Pine Street, now vacated 60 feet wide, as shown on map of the town of Newhall, per map in Los Angeles County Miscellaneous Records, Book 53, Pages 21 and 22, lying between the southwesterly prolongation of the northwesterly line of.Lot 13, Block 17, and the northwesterly line of the southerly half.of Lot 14, Block 26. WHEREAS, the Easement prohibits the construction of any buildings, improvements, or other structures on top of or within the Easement, but Licensor is willing to make an exception to such restrictions on the terms and conditions set forth in this License, NOW, THEREFORE, incorporating the above recitals and in consideration of the mutual covenants and conditions containad herein, the parties hereto agree as follows: 1. Licensor hereby grants to Licensee a non-exclusive License over and along the Easement for the following purposes: a. A minimum 18 inches of vertical clearance shall be provided between the drain structure and Licensor's 16 -inch pipeline. b The thickness of the riprap, to be installed within the easement, shall not exceed 4 inches. c. Any changes of design of subject drain structure, represented on Licensee's construction drawings dated May 13, 1991, will be subject to Licensor review. 0 • The improvements, facilities and structures described in this paragraph shall be referred to in this License Agreement as the "Encroachments". 2. In the event Licensor deems it necessary to repair, replace or relocateits gas pipelines and/or appurtenances, or install additional pipelines and/or appurtenances, or to change its method of operating or maintaining its pipelines, and such repair, replacement, relocation, installation or change in method of operation or maintenancenecessitatesthe removal of the Encroachments, Licensor shall have free access over Licensee's property for performing such work, and Licensee agrees to pay to Licensor, immediately upon demand therefor, the cost of removing any such Encroachments, and Licensor shall not be liable for any damage to the same, nor for the reinstallation of the Encroachments. 3. This License may be terminated by either party hereto by providing not less than thirty (30) days prior written notification of such termination. However, if Licensee shall fail or refuse to comply with or carry out any of the terms or covenants herein contained, Licensor may terminate this License immediately by providing written notification of such termination. The termination of this License shall not release Licensee of its obligation to remove the Encroachments as set forth in paragraph 4. 4. Upon the termination of this License, Licensee shall remove the Encroachments.from the Easement and restore said area to the same condition as existed prior to the installation of the Encroachments. 5. This License is issued subject to General Order No. 69-C of the Public Utilities Commission of the State of California, the terms of which are by this reference incorporated. herein. 6. Licensee shall save Licensor harmless and shall defend and indemnify Licensor from and against any and all liability and claims of liability, damages, costs (including attorney's fees), and expenses for injury to or death of persons, and damage to or destruction of property (including the pipelines and other property of Licensor) arising out of or connected with this License or the exercise of the rights granted herein, excepting only damage or injury arising from the sole negligence or willful misconductof Licensor. 7.. This License, and each covenant, term and condition contained herein, is intended to run with the land, and inure to the benefit of and be binding upon the successors and assigns of the parties hereto. S. Licensee shall keep the Easement free from all liens, taxes and assessments levied or assessed resulting or caused by Licensee's usee of the'Easement, and Licensee shall reimburse Licensor for all sums necessarily paid by Licensor to protect its title against any such lien, tax, or assessment. 9. Licensee shall comply with all applicable laws, rules, permits and regulations in the conduct of its activities under this License. 10. In the event Licensor shall bring suit to compel performance of or recover for the breach of any covenant, term or condition contained herein, or to collect any sun due hereunder, and such suit results in a judgment for Licensor, Licensee shall pay to Licensor reasonable attorney's fees in addition to the amount of the judgment and costs. - -2- 11. Any notice provided for herein shall be deemed duly given when deposited in the United States Mail, postage prepaid, certified mail, addressed as follows: To Licensor: SOUTHERN CALIFORNIA GAS COMPANY - P. 0. Box 3249, Terminal. Annex Los Angeles, California 90051 Attn: Right of way Department To Licensee: CITY OF SANTA CLARITA 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355 The above addresses may be changed from time to time by, providing written notice of such change. 12. Licensee hereby recognizes the title and interest of Licensor in and to the Easement, and agrees never to assail or resist Licensor's title or interest therein, whether by the exercise of the rights granted herein or otherwise. Other than the revocable permission granted herein, this License shall not be:construed to alter or amend Licensor's rights in and to the Easement. 13. This License shall not be construed to authorize the construction of any other improvements, facilities, structures, or change the grade over, along or in the Easement other than the Encroachments specifically authorized herein. 14. In the event Licensee shall fail to perform any obligation hereunder, Licensor may by written notice demand performance. If Licensee fails within ten (10) days to either perform such obligation or, if such obligation is to susceptible of being performed within ten (10) days, fails within said ten (10) day period to diligently commence curing such default and thereafter to diligently proceed to cure such default, Licensor shall have the right, but not the obligation, to cure such default, and all costs . and expenses of such performance, together with interest thereon at the legal rate, shall be paid to Licensor upon demand. 15. No delay or omission of the exercise of any right or remedy of Licensor shall impair such right or remedy or be construed as a waiver. Any waiver by Licensor must be in writing and shall not be construed as a waiver of any other default or omission concerning the same or any other provision of this License. 16. This License is granted subject to all existing licenses, leases, grants, exceptions, reservations and other matters of record. Time is of the essence to each and every provision hereof in which time is a factor. The provisions of this License shall not be construed in favor of or against either party hereto. All remedies provided under this License or by law shall be cumulative and not exclusive. This Agreement contains all of the terms and conditions between the parties hereto regarding the Encroachments, and supersedes all prier negotiations and correspondence. LICENSEE AGREES THAT NO ORAL OR WRITTEN REPRESENTATIONS HAVE BEEN MADE REGARDING THE ENCROACHMENTS OTHER THAN AS SET FORTH IN THIS AGREEMENT. -3- n u n u MARKET SUEET LOCATION eF NIGN PRE5SURE GAS LINE 1N PINE STREET 60 0 ENGINEERING DEPARTMENT August 27, 1991 SOUTHERN CALIFORNIAN COMPANY MAILING ADDRESS. BOX 3249. LOS ANGELES. CALIFORNIA MI -1249 City of Santa.Clarita _ 23920 Valencia Blvd. Suite 300 Santa Clarita', CA 91355 RE: Encroachment License Agreement (R/W 163.20-4) Enclosed is the original and a copy of a document which after exectution by the City and Southern California Gas Company, will allow certain improvements within our pipeline Right of Way at Pine Street near Market Street, in.the City of -Santa Clarita. Please execute the orignal document where indicated on Page 4, have signatures notarized and return the document to my attention. A stamped envelope is included for your convenience. I will obtain the execution by Southern California Gas Company and record the document. A recording reference will be provided to. you after recordation. Should you have any questions, please call me at (818) 307-2669. Thank you for your cooperation in this matter. Sincerely, landa Pi-eda' ight of Way Specialist /yp att. cc: D. Crownover R. Moeder Ll 0 0 MARKET STREET LOCATION eF W6N PRESSURE GAS LINE w PINE STREET w.7.5. MARKET STREET LOCATION eF NIGN PRESSURE GAS LINE lw PINE STREET W.T.S. 10 RESOLUTION NO. 92-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, APPROVING THE ESECUTION OF AN ENCROACHMENT LICENSE AGREEMENT REGARDING PINE STREET IN EAST NEWH_ALL WHEREAS, Southern California Gas Company, a California corporation, successor in interest to Pacific Lighting Gas Supply Company, a California corporation, (hereinafter referred to as "Licensor"), will grant to the City of Santa Clarita, (hereinafter referred to as "Licensee"), a non-exclusive License along the Licensor's easement to construct drainage structures and improvements, in accordance with contract plans for Project No. 90-17, Street and Drainage Improvements in the East Newhall; and WHEREAS, Licensor is the owner.of a certain easement or easements for pipeline purposes, located in the City of Santa Clarita, County of Los Angeles, State.of California (hereinafter referred to the "Easement"); and WHEREAS, the Easement authorizes Licensor to construct, operate and maintain one or more pipelines and/or appurtenances over the real property located in the City of Santa Clarita; and WHEREAS, the Easement prohibits the construction of any building, improvements, or other structures on top of or within the Easement, but Licensor is willing to make an exception to such restrictions on the terms and conditions set forth in the Encroachment License Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Clarita hereby: Section 1. Determines that it would be in the best interest of the City to enter into the aforementioned Agreement. . Section 2. Authorizes the Mayor to execute the Encroachment License Agreement (R/W 163.20-4). PASSED, APPROVED .AND ADOPTED THIS 'day of 1992. ATTEST: CITY CLERK MAYOR I HEREBY CERTIFY that the foregoing Resolution was adopted by the City of Council of the City of Santa Clarita, at a regular meeting thereof, held on the day 1992, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK