HomeMy WebLinkAbout2000-12-12 - AGENDA REPORTS - EDISON JOINT USE AGMT (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
7ZfV-
Item to be presented by: T. Brad Therrien
DATE: December 12, 2000
SUBJECT: SOUTHERN CALIFORNIA EDISON COMPANY JOINT USE
AGREEMENT
DEPARTMENT: Transportation & Engineering Services
City Council approve a Joint Use Agreement between the Southern California Edison
Company (Edison) and the City of Santa Clarita for property located in the public right-of-
way at Newhall Ranch Road.
Edison is requesting a Joint Use Agreement with the City of Santa Clarita for property
located in the public right-of-way at Newhall Ranch Road.
As a requirement of the development of the adjacent property, the developer, the Newhall
Land and Farming Company, was conditioned to dedicate road right-of-way for Newhall
Ranch Road. This dedication has been widened to accommodate the undergrounding of
utilities. This additional width is entirely outside of the future curb line of Newhall Ranch
Road.
The City is requesting that Edison underground their existing facilities in this area.
Edison has a pre-existing easement in this area for their overhead facilities. They have
agreed to the City's request to remove the overhead lines and place them underground.
The vesting in Edison of an easement interest will ensure that Edison is not required to pay
for relocation of facilities, should future needs arise. In most cases, utility companies are
required to move their facilities at their expense should the City need to perform
improvements in the area. In cases where utilities hold an easement interest, the City pays
for such relocation costs.
Applay I d IteinaVA
SOUTHERN CALIFORNIA EDISON COMPANY JOINT USE AGREEMENT
December 12, 2000 — Page 2
Staff has worked with Edison and reviewed the plans for undergrounding of the power
lines. The location outside of the street was chosen to minimize future conflicts. The safety
and aesthetic benefit of removing the poles and wires from overhead and placing them
underground is significant, while the potential of future conflict is minor.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact to the City. Southern California Edison will incur all costs
associated with this Joint Use Agreement.
ATTACHME S
Joint Use Agreement (available in the City Clerk's Reading File)
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"RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: CHRISTINA NUANEZ
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Serial No. 65162A File No. 5162A 013
SeAffects SCE Document 112497
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of 20_, by and between
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF
SANTA CLARITA, a municipal corporation of the State of California, hereinafter called "City",
WITNESSETH:
THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for
electrical facilities by virtue of the following easement rights:
That certain Grant of Easement, dated October 30, 1950, recorded November 24, 1950 in Book
34891, page 223 of Official Records, in the Office of the County Recorder of said County, hereinafter referred
to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction
and/or improvement of Newhall Ranch Road in said City, County of Los Angeles, 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 hereof which said highway right of way is subject to Company's easement; and
WHEREAS Company's facilities as now installed and located on said highway right of way will
interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway,
and City desires to eliminate such interference or obstruction;
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained,
Company and City do hereby agree as follows:
The location of Company's easement insofar as it now lies within the said highway right of way, be,
and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as
"new location", and is more particularly described onthe Exhibit A anas
d A-1 and shown and designated
"Southern California Edison Joint Use Agreement" on said prints marked "Exhibit B and B-1".
heretofore or now installed pursuant to Company's easement
Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities
within said highway right of way. Company
hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over,
along and upon Company's easement, both in the old locatiop and in the new location within said highway
right of way, upon and subject to the terms and conditions herein contained.
City acknowledges Company's title to Company's easement in said new location. Company has and
reserves the right and easement to use, in common with the public's use of said street or highway, said new
location for all of the purposes for which Company's easement was acquired, without need for any finther
2/08/00
JOINT USE AGREEMENT
Between S.C.E. Co., a corp., and
The City of Santa Clarita
Serial 65162A
RP File: REL980013
Affects SCE Document No. 112497
permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before
Performing any work on Company's facilities in said new location where such work will obstruct traffic. In
all cases, Company shall exercise due care for the protection of the traveling public.
In the event that the future use of said highway right of way shall at any time or times necessitate a
rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new
location, and City shall notify Company in writing of such necessity and agree to reimburse Company on
demand for its costs incurred in complying with such notice, Company will provide City with plans of its
proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City,
Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal.
Company shall exercise due care for the protection of the traveling public. No further permit or permission
from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a
Joint Use Agreement on the same terms and conditions as are herein set forth covering any such
subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed
document(s) granting to Company a good and sufficient easement or easements over private property if
necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs
which it may be required to expend to acquire such easement or easements, provided it is mutually agreed
in writing that Company shall acquire such easement or easements.
Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate
any provision of Company's easement. Both City and Company shall use said new location in such a
manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed
as a release or waiver of any claim for compensation or damages which Company or City may now have or
may hereafter acquire resulting from the construction of additional facilities or the alteration of existing
facilities by either City or Company in such a manner as to cause an unreasonable interference with the use
of said new location by the other party. City agrees that Company's facilities shall not be
of the construction, reconstruction or maintenance of said street or damaged by reason
and that, if necessary, City will protect Company's facilities highway, by the City or its contractors,
against an such damage, at City's expense.
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 way, and which 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.
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.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
-2-
George P. Perez
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate
JOINT USE AGREEMENT
* 1 eiween S.C.E. Co., a corp. and
The City of Santa Clarita
Serial 65162A
RP File: REL980013
Affects SCE Document No. 112497
CITY OF SANTA CLARITA
Attest:
STATE OF CALIFORNIA )
COUNTY OF )
On before me,
personally known to me or Personally appeared
evidence) to be the person whose name is subscribed to the within instrument ax d the
aof cknowledged me satisfactory
(he/she) executed the same in (his/her) authorized capacity and that by (his/her) signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
COUNTY OF )
)
On before me,
personally appeared
Personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that
(he/she/they) executed the same in (his/her/their) authorized capacity and that by (his/her/their)
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
-3-
y 12/11/00 10:40 0808 884 7275
Dat -08-00 14:10 Frog -SCE
tQyL VKL1tTV rCa\[v yusau u+
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: CHRISTINA NUANEZ
RP Fite No. REL980013
Serial No. 65162A
SCE VENTURA
7142340837
T-238 P.02/04
Q002
F-748
SPACE ABOVE Tn/S LINE POR RCCORDER'S USE
JOINT USE AGREEMENT
Affects SCE Document 112497
THIS AGREEMENT, made and entered into this � day of .20_, by and between
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF
SANTA CLARITA a municipal corporation Of the State of California, hereinafter called
NITHF.12EIR:
THAT WHEREAS Company is the owner in possession of certain tights of way and easements) for
electrical facilities by virtue of the following easement rights:
That certain Grant of Easement, dated October 30, 1950, recorded November 24, 1950 in Book
34891, page 223 of Official Records, in the Office Of the County Recorder of said County, hereinafter referred
TO as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction
and/or improvement of Newhall Ranch Road in said City. County of Los Angeles, State of California
andhereinafterhereby
referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A-
ad o a part hereof which maid highway right of way is subject to Companys easement; and
WHEREAS Company's fR-'Wes as now installed and locaied on said highway right of way will
interfere with or obstruct the eonstructioa reeoastruction, maintenance os use of said atreat or highway,
and City desires to eliminate such interference or obstruction;
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained.
Company and City do hereby agree as follows:
The location of Company's easement insofar as it now lies within the said highway right of way, be,
and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as
-new location', and is more particularby described On the Exlu'bit A and A-1 and shown and desigrared as
'Southern California Edison Joint Use Agreemear' On said prints marked •Exhibit B and B-1-.
Company agrees to rearrange, relocate and reconstruct within said new location, nay of its facilities heretofore or now installed pursuant to Company's Casement within said highway right of way. Company
herebyanconsentsd to the construction, reconstruction, maintenance or use by City of a street or highway over,
along upon CO=Panys easement, both in the old location and in the new location within said highway
right of way, upon and subject to the terms and conditions herein contained.
City acimowledges Compatyya title to Compaays easement in said new location. Company has and
reserves the right and easement to use, in Common with the public's use of said street or highway, said new
location for all of the purposes for which Company's easement was acquired, without need for any further
2M91W
e 12/11/00 10:48 $805 054 7275 SCE VENTURA
Da -08-00 14:18 From-SCEIM003
TI483l083T T-238 P.03/04 F-748
Between S.C.E. Co., a cmp., and .
The City of Santa Clarita
Serial 65162A
RP File: REL980013
Affects SCE Document No. 112497
permit or permission from City. Except in emergencies, Company Shall give reasonable notice to City before
performing any work on Company -a facilities in said new location where such work will obstruct traffic. In
all cases, Company shall exercise due care for the protection of the traveling public.
In the event that the future use Of said highway right of way shall at any time or times necessitate a
rearrangement, relocation, reconstruction or removal of airy of Company's facilities then existing in said new
location, and City aball notify Company in writing of such necessity and agree to reimburse Company on
demand for its costs incurred in complying with such notice, Company will provide City with plans of its
proposed :estrangement and an estimate of the cost thereof, and upon approval of such plans by City,
Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal.
Company she" exercise due care for the protection of the traveling public. No further permit or permission
from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a
Joint Use Agreement on the same terms and conditions as are herein set forth covering any such
subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed
documents) granting to Company a good and sufficient easement or easements over private property if
necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs
which it may be required to expend to acquire such easezzent or easements, provided it is munaall
in writing that Company shall ac Y ageed
ting p y quire such easement or easements.
Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate
any proVWOU Of Company's easement. Both City and Company shall use said new location in such a
manner as not to interfere unduly with the rights of the other. Nothing herein contained Shall be construed
as a release or waiver of any claim for compensation or damages which Company or City may now bave or
may hereafter acquire resulting from the construction of additional facilities or the alteration of existing
facilities by either City or Company in such a manner ss to cause an unreasonable interference with the use
of said am location by the other party. City agrees that Companys facilities Shall aot be damaged by reason
of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors,
and that, if necessary, City will protect Company's f u:s hies against any such damage, at City's expense.
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 way, and which in the opinion of Company may endanger or interfere with the proper
operation or maintenance of Compatry'a facilities, to the extent necessary to prevent any such interference
or danger.
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.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
-2-
George P. Perez
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate
W805 054 7275
- DIC -08-00 14:20 From -SCE
Between S.C.E. Co., a corp., and
The city of Santa Clarita
Serial 6$162A
RP File: REL98d013
Affects SCE Document No. 112497
STATE OF CALIFORNIA )
COUNTY OF ) as.
)
SCS VEJT '
1b004
T-238
T 238 P.04/04 F-748
CITY OF SANTA CTARITA
Arrest:
On
Penally known to me (or proved to me an basis f ttory
evidence) e c the person whose name is subscribed to the within inssrumeat and acknowledged to me that
(he/she) executed The name in pas To authorized capacityby (»/her) Signature on the
instrument the person, or the entity upon behalf of which the person acted. executed the instryment
WITNESS 1MY hand and official seal,
STATE OF CALIFORNIA )
COUNTY OF
)
On before me,
personally known to me (or proved to me on theebasis oyf appeared
evidence) Tobe The Person �whoae��o is subscribed to the within instrument and acknowledged to mesotthoat
(he/she/ (his/her/their) authorized
Signator- on the insnoment the person, or the entity Upon behalf of which the persontacted, executed the
instrument.
WITNESS my hand and official seal.
-3-
EXHIBIT "A"
SERIAL 65162A
LEGAL DESCRIPTION
Exhibit "A"
Page 1 of 1
cor
EDISON JOINT USE AGREEMENT ALONG NORTHERLY SIDE
NEWHALL RANCH ROAD EAST OF GOLDEN STATE FREEWAY
THAT PORTION OF THE RANCHO SAN
CLARITA, FRANCISCO IN THE CITY OF SANTA
COUNTY OF LOS ANGELES, STATE_-,OE.�CALIFORNIA PER MAP
RECORDED IN BOOK 1 PAGES 621 AND_522,__OF PATENTS, RECORDS OF SAID
COUNTY BEING A 25.00 FOOT WIDE STRIP OF LAND, THE NORTHERLY LINE
OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A 2" IRON PIPE TAGGED RCE 9553 AT THE MOST WESTERLY
CORNER OF PARCEL 1 OF PARCEL MAP NO. 19163 AS SHOWN ON MAP FILED
IN BOOK 281 PAGES 7 TO 10, INCLUSIVE, OF PARCEL MAPS, RECORDS OF
SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1
SOUTH 56034'36" EAST 222.75 . FEET; THENCE LEAVING SAID
SOUTHWESTERLY LINE NORTH 19043'19" EAST 210.29 FEET; THENCE NORTH
23029'35" WEST 462.64 FEET TO THE TRUE POINT.OF BEGINNING ON THE
NORTHEASTERLY LINE OF FUTURE NEWHALL RANCH ROAD, SAID FUTURE
NORTHEASTERLY LINE BEING 180.00 FEET NORTHEASTERLY OF AND PARALLEL
WITH, MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINES OF
PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 18789 AS SHOWN ON MAP FILED
IN BOOK 281 PAGES 1 TO 6, INCLUSIVE, OF SAID PARCEL MAPS; THENCE
1. ALONG SAID PARALLEL LINE NORTH 68029'35" WEST 1089.65 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 2554.18 FEET; THENCE
2. NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
FUTURE NORTHEASTERLY LINE OF NEWHALL RANCH ROAD THROUGH A
CENTRAL ANGLE OF 12055'04" AN ARC DISTRICT OF 575.86 FEET, TO
THE .NORTHERLY PROLONGATION OF THE WESTERLY LINE OF NEWHALL
RANCH ROAD AS SHOWN ON SAID MAP OF PARCEL MAP NO. 18789.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR
SHORTENED SO AS TO BEGIN ON A LINE BEARING NORTH '23°29'35" WEST
THROUGH THE TRUE POINT OF BEGINNING AND SO AS TO TERMINATE ON SAID
NORTHERLY PROLONGATION.
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EXHIBIT "Bo PAGE I OF 2
SOUTHERN CALIFORNIA EDISON JOINT USE AGREEMENT
IN THE criY OF SANTA CLARIT4, COUNTY OF LOS ANGELES
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EXHIBIT "A"= 1 copy SERIAL 65162A EGAL DESCRIPTION
EDISON JOINT USE AGREEMENT ALONG NORTHERLY SIDE
NEWHALL RANCH ROAD EAST OF GOLDEN STATE FREEWAY
THOSE PORTIONS OF THE RANCHO SAN FRANCISCO IN THE CITY OF SANTA
CLARITA, COUNTY OF LOS ANGELES, -STATE OF CALIFORNIA PER MAP
RECORDED IN BOOK 1 PAGES 521 AND 522, --OF PATENTS, WITHIN THE LAND
DESCRIBED AS PARCEL 1 IN DEED TO SOUTHERN CALIFORNIA GAS COMPANY
RECORDED SEPTEMBER 30, 1975 AS INSTRUMENT' NO. 1, OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY BEING A 20.00 FOOT WIDE STRIP OF
LAND, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A 2" IRON PIPE TAGGED RCE 9553 AT THE MOST
WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 19163 AS SHOWN ON
MAP FILED IN BOOK 281 PAGES 7 TO 10, INCLUSIVE, OF PARCEL MAPS,
RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF
SAID PARCEL 1 SOUTH 56034'36" EAST 222.75 FEET; THENCE LEAVING
SAID SOUTHWESTERLY LINE NORTH 19043119" EAST 210.29 FEET; THENCE
-- .NORTH 23°29'35." -WEST 208.08 FEET TO THE TRUE POINT OF BEGINNING
ON THE NORTHEASTERLY LINE OF PARCEL 6 OF PARCEL MAP NO. 18789 AS
SHOWN ON MAP FILED IN BOOK 281 PAGES.1 TO 6, INCLUSIVE, OF SAID
PARCEL MAPS; THENCE
LEAVING SAID NORTHEASTERLY LINE NORTH 23'29135 " WEST 254.56 FEET
TO THE POINT OF TERMINATION ON THE NORTHEASTERLY LINE OF FUTURE
NP'L-<RANCH :-ROAD�_..SAID =XUTL'RE—NORTHEASTERLY .LINE BEING 180.00
FEET NORTHEASTERLY OF AND PARALLEL WITH, MEASURED AT RIGHT ANGLES
TO THE NORTHEASTERLY LINES OF PARCELS 4, 5 AND 6 OF SAID PARCEL
MAP NO. 18789.
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