HomeMy WebLinkAbout1992-08-25 - AGENDA REPORTS - LICENSE AGMT MULTI-USE TRAIL (2)AGENDA REPORT
City Manager Approval
Item to be presented y:
CONSENT CALENDAR KeZPulsikamoDATE: August 25, 1992
SUBJECT: Agreement with Southern Ca i rnia E ison foi-Use Trail,
License Agreement with City of Los Angeles Department of Water
and Power for Multi-Use Trail, and License Agreement with
Los Angeles County Flood Control District for Multi-Use Trail
DEPARTMENT: Parks and Recreation
BACKGROUND
During the trail alignment and acquisition of easement process with the land
owners along the South Fork Trail (SFT), the Bouquet Canyon Trail (BCT), and the
Santa Clara River Trail (SCAT), several underlying easement owners were
identified. Southern California Edison, the Department of Water and Power of
the City of Los Angeles, and Los Angeles County Flood Control were identified as
underlyingeasement holders. Prior to construction and public use of the trail,
an agreement, license, or easement needs to be obtained from all others having
prior use along the trail alignment. A review was conducted with Southern
California Edison and the Parks Department which 'resulted in a modification to
Item #6 of the Southern California Edison agreement; this modification is
attached. The attached agreements for Department of Water and Power and Los
Angeles County Flood Control District are standard forms used by them for this
purpose. Your review and approval of the agreements and modifications are
subject to review and modification as to form and language by the City Attorney.
FISCAL IMPACT
None. Minimal staff time will be used to evaluate and prepare final
documentation.
RECOMMENDATION
It is recommended that City Council approve the agreements subject to form and
language recommendations.by the City Attorney.
KP/JMI:dis
PRCOUNC.173
Attachments
APPROWED Agenda liam:�
a
Southern California Edison Company
1 190 DURFEE AVENUE, SUITE 250
SOUTH EL MONTE. CALIFORNIA 91733
P. O. 90% BDD
D. C. JONES ROSEMEAD, CALIFORNIA 91770
MANAGER OF NORTHERN REGION
LAND SERVICES DIVISION October 3, 1990
REAL PROPERTIES AND ADMINISTRATIVE SERVICES
City of Santa Clarita
23920 Valencia Blvd., Ste 300
City of Santa Clarita, CA 91355
Attn: Wayne Weber
SUBJECT: Pardee Sylmar 220kV T/L Easement
Request for Consent for the
Santa Clara River -South Fork Trail
RP File No. G3-90-3076 RBP
Gentlemen:
W
We have reviewed your request for Edison's consent for the Grant of
Easement covering a multi -use trail. to. accommodate equestrians,
bicycles, hikers and joggers between Magic Mountain Parkway, the Old
Newhall Bridge and Lyons Avenue.
The request has been approved as, shown on the attached plans,
subject to .the following conditions:
(1) All costs incurred for the proposed project shall be borne by the
City of Santa Clarita.
(2) Adequate access to all Edison structures shall be provided and at
no time is there to be any interference with the free movement of
Edison Company equipment and materials.
(3) All equipment working on the Edison right of way shall maintain a
minimum clearance of seventeen (17) feet from all overhead
conductors and more than twenty-five (25) feet from all Edison.
structures.
(4) The construction area shall be watered down periodically to
prevent dust contamination to Edison Company insulators. Any
maintenance required by Edison on its facilities over and above
normal, and resulting from this operation, shall be, paid for by the
City of Santa Clarita.
TELEPHONE
18103 302-6209
(5) Additional structures or development shall not be permitted
within the Edison right of way, other than those approved.
Any trees or plants.placed upon the Edison right of way shall not,
a exceed a height of fifteen (15) feet at maturity arid,:.must.. be'
--maintained-by _the.property owner,__..__
(7) Flammable materials -shall not be stored on the Edison right of
way.
(8) The City of Santa Clarita agrees,
for itself, and for its and their
agents and employees and any person
the development and use of the subject
indemnify Edison, its successors and
officers, agents and employees, from
demands, loss, damage, actions, causes
liability arising or. growing out of loss
or persons claiming under
trail, to save harmless and
assigns . and its and their
m and against all claims,
of action, expense. and/or
of or damage to property
including the property of Edison, its successors and assigns, and
its and their officers, agents and employees, or injury to or death
of persons resulting in any manner, directly or indirectly. from
the maintenance, use, operation, repair or presence of said use.
(9) Any earth disturbed within the Edison right of way and/or back-
filling shall be compacted to ninety percent (90%).
(10) This letter should not be construed as a subordination of Edison's
rights, title and interest in and to its easement(s), nor should this
letter be construed as a waiver of any of the provisions contained
in said easement(s) or a waiver of any costs of relocation of
affected facilities.
(1 1) Construction of the crossing (cut or fill) must be adequately
sloped to enable access of equipment onto Edison patrol roads.
(12) Final plans, including Grading Plans, must be submitted to the
Manager of Northern Region, Land Services Division, Southern
California Edison Company, 1190 Durfee, Ste 250, So. El Monte,
CA 91733; Attention: Northern Region, for review and approval at
least sixty (60) days prior to commencement of any construction
affecting the Edison right of way.
(13) Parking of vehicles on the Edison right of way shall not be
permitted.
(14) It is understood and agreed that through access will be provided
to Edison at locations determined by Edison. All crossings must
be capable of -supporting 40 tons on a three -axle vehicle.
(15) In the event the subject trail interferes with any of the Edison
Company's existing and/or future facilities, the City of Santa
Clarita will relocate said facilities, at its own expense (one time
and only one time), within sixty (60) days of written notice to do
k so.
Please have the appropriate person(s) sign and date the enclosed copy
of this letter, thereby indicating acceptance of the above conditions by
December 30, 1990. Please return the signed copy, using the enclosed
envelope.
In the event the copy of this letter is not signed and returned within
sixty (60) days from the date hereinabove written, we will assume that
your project has been either cancelled or delayed. In either instance,
any consent granted or implied is voided without further notice.
Thank you for your cooperation in this matter. If you should have any
questions concerning this matter, please contact Mr. R. B. Pitts. at
(818) 302-0269.
ACCEPTED AND APPROVED: '
'ntle
RP:consent ]tr
cc: C. E. Todd
D. L. Workman
T. S. Casey
R Gnam
July 1, 1992
Mr. Carl E. Todd
Northern T/S Division Manager
Southern California Edison
P. 0. Box 392
Santa Paula, CA 93060
Dear Mr. Todd:
The City of Santa Clarita is proposing to plant trees along a
four and one-half mile stretch of a bike and equestrian trail
called the South Fork Trail. The trail begins at Magic
Mountain Parkway and works its way southeast along the Santa
Clara River and Southern California Edison's transmission line
easement. Enclosed is a map that illustrates the location of .
the bike/equestrian trail.
The purpose of this letter is to gain approval or acceptance
from Southern California Edison to plant a variety of treed'
within Edison's easement. We are Rroposing to plant -
approximately 200 trees along the east border of the 250 foot
wide Edison easement. Our proposal is as follows:
o The City to plant approximately 200 15 -gallon size
trees of the varieties sycamore, California pepper,
eucalyptus and poplar along the eastern edge of the
Edison easement.
o The City will not plant any variety of tree that, if
topples at maturity, will come within 20 feet of
Edison's transmission lines.
o The City will maintain all trees planted along the
path in the ,way of watering, pruning, fertilizing,
pest control, removals, and basal weeding on a
regularly scheduled basis and as needed.
o The City will prune back.all tree branches and parts
to a minimum of 20 feet from Edison's transmission
lines.
o The City will maintain a clear continuous path for
easy access of Edison equipment and vehicles.
o The City will remove trees if necessary to
accommodate Edison's plans to construct, repair,
replace, or alter their facility.
Mr. Carl E. Todd
Northern T/S Division Manager
Page 2
Basically, the City will plant and maintain. all trees along
the trail with little or no disruption to Edison's
transmission lines or property. If you find our proposal
acceptable, please indicate so by signing the following
statement and returning it to us in the enclosed envelope.
If you have any questions in regard to this matter, please
call Ray Miramontez at (805) 286-4024 or me at (805) 255-4980.
Sincerely,
John Danielson
Parks Superintendent
Enclosures (2)
JD/RM/jw
LAIC: 586
I
I accept the City of -Santa Clarita's proposal, as stated
above, to plant and maintain trees on Southern California
Edison's South Fork Trail easement.
Signature:
Title:
Date:
C
L I C E N S E
THE DEPARTMENT OF WATER AND POWER OF THE CITY OF.LOS ANGELES, Licensor
(sometimes hereinafter referred to as the "Department"), for and in
consideration of ($ )
processing fee and of the keeping and performance by Licensee of the terms
and conditions hereof,.gives permission to
Licensee, whose
address is ,
to.use certain real property which is owned by the City of Los Angeles and
under the control and jurisdiction of said Department for the purpose of
Z//qz i
THE FOREGOING PERMISSION is given upon and subject to the following
terms and conditions:
1. The right and permission of Licensee is subordinate to the prior,
and paramount right of Licensor to use said real property for the public
purposes to which it now isand may, at the option of Licensor, be
devoted. Licensee undertakes and agrees to use said real property and to
exercise this license jointly with Licensor, and will at all times
exercise the permission herein given in such manner as will not interfere
with the full use and enjoyment of the licensed area by the Department.
2. Licensee hereby acknowledges title in the City of Los Angeles, a
municipal corporation, and said Department in said real property, and
agrees never to assail or resist the same, and further agrees that
Licensee's use and occupancy of said licensed area shall be referable
solely to the permission herein given.
3. Regardless of the manner or duration of use or occupancy of said
licensed area by Licensee, and regardless of the permanent character of
any works.or structures constructed or installed therein or thereon by
Licensee, this license may be terminated by the Department or Licensee at
any time by given _ days' notice of termination. Any notice hereunder
to Licensee shall be given by delivering the same to Licensee personally,
or•by mailing the same addressed to Licensee at the address above given;
or to such other address as Licensee may in writing, from time to time,
direct, and the giving of notice by mail shall be complete at the time of
mailing. Any notice to terminate license.by Licensee shall be given by
delivering such notice to the Chief Real Estate Officer of said Department
or by sending such notice by Registered Mail addressed to the Chief Real
Estate Officer, Department of Water and Power, P.O. Bos 111, Room 1203,
Los Angeles, California 90051-0100.
4. This license may be immediately revoked by the Department in the
event of any failure or refusal on the part of Licensee to keep or perform
any of the terms or conditions herein. Notice of revocation shall be
given by delivering the same to Licensee personally or by mailing the same
to Licensee. Failure by the Department to revoke this license for
noncompliance of the terms or conditions by Licensee shall not constitute
a waiver of the terms or conditions.
5. Upon any termination of this license by revocation or otherwise,
Licensee shall promptly surrender and return said licensed area to its
original condition within _ days of'the date of the notice of
revocation. In the event of Licensee's failure so to do, the Department
may restore said licensed area entirely at the risk and expense of
Licensee.
6. All work done, pursuant to the terms of this agreement, shall be
done in accordance with the terms and conditions specified in ordinances
and statutes governing such instances; and the provisions of such
ordinances and statutes are, by reference, made a part hereof as though
incorporated verbatim herein.
7. Licensee hereby undertakes and agrees to release, hold harmless,
indemnify, and defend the City of Los Angeles and its said Department and
all officers and employees of each from and against any and all claims,
loss, demands, expense, damage, or liability whatsoever for injuries to or
death of persons or damage to property in any manner arising out of the
exercise or enjoyment.by Licensee of any right or permission herein given
or by reason of any failure on the part of Licensee to keep or perform any
of the terms or conditions hereof.
8. Licensee will pay for all materials placed upon, joined, or
affixed to said licensed area by or at the instance of Licensee, will pay
in full all persons who perform labor upon said licensed area at the
instance of Licensee, and will not cause or permit any liens of any kind
or nature to be levied against said licensed area for any work done or
materials furnished thereon at the instance or request of Licensee.
9. Licensee shall pay for all costs, fees, or charges for the
application, installation, maintenance, use, or removal of any utilities
or services required in the exercise of the permission herein given.
10.- This license agreement and .permission herein given is personal to
Licensee and is not assignable, and any attempt to do so shall be void.and
shall confer no right on any third party.
;fF
11. Licensee hereby acknowledges that this agreement is a license
[ only and does not constitute a lease or any interest in real property.
12. Licensee, by executing this license and accepting the benefits
hereof, understands that a property right may be created known as
"possessory interest" and is subject to property taxation. Licensee will
be subject to the property taxes upon such right. Licensee herewith
acknowledges that notice required by Revenue and Taxation Code, Section
107.6 has been provided.
13. The term of this license shall be for ( )
years from the date hereof, unless sooner revoked or terminated.
14. Licensee is hereby notified that facilities of other licensees of
the Department may exist on the subject property. Licensee shall take
reasonable precautions and actions to avoid infringement, interference, or
damage to all installations.
15. Licensee shall be responsible for all cleanup and related cost
and expense including, but not limited to, any fines, penalties,
judgments, litigation costs, and attorney's fees incurred.as a result of
any and all discharge, leakage, spillage, emission, or pollution of any
type whatsoever occurring upon or from said licensed area due to
Licensee's use and occupancy of said licensed area. Said cleanup shall be
accomplished to the satisfaction of the Department and any governmental
body having jurisdiction thereover.
16. Licensee shall be responsible for the training.of personnel under
all applicable laws including, but not limited to, training with regard to
the operation of equipment and the handling and disposal of hazardous
materials and wastes.
*17. Licensee hereby acknowledges receipt of an information
package consisting of:
(a) Brochure titled Your Guide to Understanding EMF.
(b) Brochure titled Electric and Magnetic Fields from 60 Hertz
Electric Power: What do we know about possible health risks?
(c) Brochure titled Electrical Effects of AC Power Transmission
Lines.
(d) Play It Safe (Information poster on kite and metallic
balloon safety).
Licensee undertakes -and agrees to distribute all the information
in said package to all personnel working under Licensee's direction and
control.
APPROVED:
This license cancels and supersedes the License dated
(File No. Document No. ).
DEPARTMENT OF WATER AND POWER OF
THE CITY OF LOS ANGELES
DANIEL W. WATERS
GENERAL MANAGER AND CHIEF ENGINEER
By
TED L. McGILLIS
Chief Real Estate Officer
LICENSOR
LICENSEE
* This condition is to be in all transmission line right of way licenses.
** This item should always be the last condition on licenses that are
being renewed. Do not use this item if it is a new license.
JMI:41
Agreement No.
Santa Clara River. Santa Clara
River South Fork & Bouquet
Canyon Channel
Fifth District
AGREEMENT
BETWEEN: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
herein referred to as "District"
CITY OF SANTA CLARITA, a Municipal Corporation
in the State of California, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, District while performing its primary functions of flood control
and water conservation, is willing to cooperate where feasible with City in
the City's development of recreational activities along the Santa Clara River
between Shadow Pines Blvd (east) and. Interstate 5 (west). Santa_Clara River
South Fork between Interstate 5 (west) and the confluence with the Santa Clara
River & Bouauet Canvon Channel between Hobs Avenue (north) and the confluence
with the Santa Clara River and
WHEREAS, City desires to construct at its sole cost a multi -use trail
along said access roads.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the parties hereto mutually agree as follows:
SECTION I
CITY AGREES•
1. To bear all costs to prepare plans and specifications and build the
multi -use trails and all appurtenant facilities, secure the right of
way, obtain, pay for and maintain insurance, and all other costs of
any nature whatsoever which are necessary to complete construction of
said multi -use trail and appurtenant facilities.
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2. To obtain District's Chief Engineer's approval and secure a no -fee
permit from District prior to any construction on the Santa Clara
River, Santa Clara River South Fork or Bouquet Canyon Channel.
3. To obtain District's Chief Engineer's approval and revised permit
prior to making any changes in the approved plans and specifications
that may affect the Santa Clara River, Santa Clara River South Fork &
Bouquet Canyon Channel right of way.
4. To bear all costs for the operation and maintenance of all
improvements constructed by City on District's Santa Clara River,
Santa Clara River South Fork & Bouquet Canyon Channel right of way for
the purposes contemplated herein, namely a multi use trail.
5. To take all actions necessary to render the multi use trail and
appurtenant.facilities inaccessible to public access, including
fencing the area, in the event that City abandons its operation and
maintenance of the multi use trail.
6. To.keep the multi use trail in a safe, clean, and orderly condition at
all times during the occupancy of Santa Mara River Santa Clara River
South Fork & Bouquet Canyon Channel right of way and not permit
rubbish, tin cans, bottles, garbage, animal waste, etc., to accumulate
at any time, nor to commit, suffer, or permit any waste of said
premises or any acts to be done in violation of any laws or ordinances.
7. To be responsible for any change in revenue or increased cost to the
District caused by reason of recreational use of Santa Clara River,
Santa Clara River South Fork & Bouquet Canyon Channel right of way.
These costs shall include, but not be limited to, land cost, severance
damages, and incidental costs relative thereto.
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SECTION II
DISTRICT AGREES:
1. To furnish any maps of Santa Clara River, Santa Clara River South Fork
& Bouquet Canyon Channel presently available in District's files for
the preparation of the plans and specifications for a multi use trail.
2. To review the plans and specifications for the multi use trail and
notify the City of District's approval thereof.
3. To the degree it is empowered to do so, District will grant the City
permission to use District's right of way for Santa Clara River, Santa
Clara River South Fork & Bouquet Canyon Channel to carryout the
recreational purposes herein contemplated.
SECTION III
IT IS MUTUALLYNDERSTOOD AND AGREED:
1. Use of the Santa Clara River Santa Clara River South Fork & Bououet
CanyonChannelright of way for an multi use trail shall'be
subordinated to the basic flood control and water conservation purpose
of the area as determined by District's Chief Engineer or by law and
shall in no way conflict with this purpose. The District's Chief
Engineer reserves the right to cancel any specific use should, in his
opinion, there develop an incompatibility between recreational uses
and flood control and water conservation uses arising from any cause
whatsoever. Said use shall be terminated 30 days after notification
in writing by the District's Chief Engineer.
2. The parties expressly recognize and intend that in consideration of
this Agreement which is solely for City's benefit, that District is
not to incur any liability whatsoever, and that City will indemnify
and hold District harmless for any injury, death, or property damage
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arising from the use of the Santa Clara River, Santa Clara River South
Fork & Bouquet Canyon Channel right of way or any use of the
District's right of way by persons,who gain entry through openings or.
areas provided for City's use, including for all expenses and legal
costs and payments or fees in connection with claims thereof, even in
the event that the injury, death, or damage is caused by District's
negligence whether active or passive. Should any person or persons
enter the District's property in the vicinity of the City's use, it
shall be presumed, unless proved otherwise by City, that such person
or persons gained entry through openings provided by City's use. For
purposes of this provision, "District" shall include the Los Angeles
County Flood Control District, its officers, and employees.
3. All fencing and other facilities installed by City on District's right
of way for recreational uses will be subject to removal by District or
by City at District's request for District's maintenance purposes as
required, and cost for removal, restoration and maintenance of said
facilities shall be.borne by City.
Cis
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective duly authorized officers on this
day if 19_, by the City and on this
day of , 19_, by District.
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
M
ATTEST:
LARRY J. MONTEILH
Executive Officer -Clerk.
of the Board of Supervisors
By
Deputy
Chairman, Board of Supervisors
0
CITY OF SANTA CLARITA
APPROVED AS TO FORM: By
County Counsel
By
Deputy
JMI:dis
JMI.053
ATTEST:
City Clerk
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