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HomeMy WebLinkAboutEasement For Southern California - Edison Overhead Facilitie Qc .5-6 ;, en CITY OF HUNTINGTON BEACH ,ti, U 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY C K CONNIE BROCKWAY / Tp� .) CITY CLERK !J March 14, 1994 Metropolitan Water District of Southern California P. 0. Box 54153, Terminal Annex Los Angeles, CA 90054 Attn: Jim Hale The City Council of the City of Huntington Beach at the regular meeting of January 18, 1994 adopted Resolution No. 6563 ordering a summary vacation of overhead Southern California Edison Facilities Easement. Enclosed is a copy of said resolution for your information. 6L Connie Brockway City Clerk CB:bt Enc. METROPOLITAN HAS NO EXISTING OR PROPOSED FACILITIES WITHIN THE AREA AND HAS NO OBJECTION TO I HE VACATION. Signed: --, e.o.er...Zil J ✓ WPRAYNEINCIP LAL E.B'' Nt vtLR Date: 34,/9L LOGGED IN (Telephone: 714-536-5227) REQUE t FO'CITY COUNCICACTION Date January 18 , 1994 • Submitted to: Honorable Mayor and City Council • Submitted by: Michael T. Uberuaga, City Administrato Prepared by: cjY'i'lOUs F. Sandoval, Director of Public WorksSubject: EASEMENT FOR SOUTHERN CALIFORNIA EDISON FACILITIES RESERVOIR HILL BOOSTER STATION; CC-534 — fret" G�cam✓ i � 'v Consistent with Council Policy? [X] Yes a [ ] New Policy or Exception /tom 4/ , 3 Statement of Issue, Recommended Action, Analysis, Funding Source, Alt-rARRA MM$ n tfi 1921 Statement of Issue: j ITY C K Construction plans for the Reservoir Hill Booster Station; Cash Contract No. 534 call for relocating the existing overhead Southern California Edison (SCE) electric facilities to underground. To accomplish this, it is necessary to vacate the existing easement (for overhead facilities) and grant a new easement (for underground facilities) . Recommended Actions: 1. Adopt the attached resolution ordering a summary vacation of the existing easement. 2 . Approve and authorize the Mayor to sign the Easement Deed for the relocated underground SCE facilities at the subject project site. / 3 . Instruct the City Clerk to record the new Easement Deed with the County Recorder's Office. 4. Approve and authorize the Mayor to sign the attached "Agreement_tor Replacement of Overhead with qnderground Electric Facilities" for execution with Southern California Edison. Analysis: The Reservoir Hill Booster Station Project; CC-534 is located at the City of Huntington Beach Water Operations Yard, 19001 Huntington Street. Electric power is currently fed to the site via overhead facilities. The construction plans for the project call for the relocation of the existing electrical facilities from overhead to underground,. An existing easement provides for the existing overhead facilities. Pursuant to Section 8333 paragraph (c) of the Streets and Highway Code; • • Jo •- * . . . . RZ cr ci 04 II cap i - 0 . • • D0C # 4 • �+'42J8?J • RECORDING REQJESTED BY OS-• APR-199A O:'_:31 PM • a.P 'Sounh+mCalifomtaEdisonCompany Bee-larded in Offltial Retorrls cf Qranse County, California • Lee A. @rani. County iltecreer • WHEN RECORDED MAIL TO i'a9e 1 of 3 Fees: S 11.9; la:;: S 0.40 ..fSouIhem California Edlaon Company • Real Properties and Administrative Services 500 N.State College.Suite 750 • , Orange.CA 92668 • • Attn: Southern Region t 1 • • SPACE ADO lE This LINE FOR RECORDER'S USE""—.----"- GRANT OF 04rwCf *CA%O.O1„ O,Yr , ...tat • EASEMENT EtiR Orange Coat 6533-7163 A-7105 43-92 (Corporation) t. ea can.IF.EDSON ".37-8C-4 •p. r,M M.,e. art .raaav on.M,rracrt,..r..o"nc new..rt 159-321-00 DJA i11/06/93 • 3P CTIY OF HUNTINGTON BEACH,a municipal corporation(hereinafter referred to as"Grantor"),hereby P• grants to SOUTHERN CALIFORNIA EDISON COMPANY,a corporation, its successors and assigns(hereinafter referred to as"Grantee'),an easement and right of way to construct, use,maintain, operate,alter,add to, repair,replace,reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes. handholes, and including above-ground enclosures. markers and concrete pads and other appurtenant fixtures and equipnlant necessary or useful for distributing , electrical energy and for transmitting intelligence by electrical means,in, on.over,under,across and along • that certain real property in the County of Orange,State of California.Iiescribcd_as.follaurs: • - SEE ATTACHED EXHIBIT'A FOR LEGAL DESCRIPTION ' This legal description was prepared pursuant to Sec. •:730(c) of the Business&Professions Code. - The Grantor agrees for libel',its successors and assigns,not to,:rect, place or maintain,nor to permit , the erection, placement or maintenance of any building, planter boxes. earth f11I or other structures except • walls and fences on the above described real property. The Grantee. and its contractors, agents and • employees,shall have the right to trim or cut tree roots as may endaniter or interfere with said systems and shall have free access to said systems and every part thereof,at all tunes,for the purpose of exercising the , rights herein granted; provided,however,that In making any excavations on said property of the Grantor,the Grantee shall make the same in such manner as will cause the leas•i, injury to the surface of the ground around such excavation,and shall replace the earth so removed by it a-d restore the surface of the ground to as near the same condition-as it was prior to such excavation as is prat I feeble. • EXECUTED this / y day of r<.•{,//.,r, , 19 !�, CTr'OF FIUNTINGTON BEACH.a municipal corporaut I.i • byre., i�2l/ s t 0-._ • }Ivor _ ATTEST: //r // 1 I3ylci.C� JCf ti(<L try . City i1lerk APPROVED AS TO FOP.:1: S'fATE:Of CALL ORN,IA ) )0 �[^ COUNfYOF //r ) City kttorney l•,. t -�\ ,.ell —_ . On January 5, 1(19n , before me ,^-,�Lve,14C•., ia-u +-� . personally appeared . - Ga i 1 liu tton &Id< . personally known to me (er- i o'ad io ule•-on•the-boss -af-safisfselory evident-el to be the person wl i ase name subscribed to the within ... ... r' , Instrument and acknowledged to me that she executed the same Ira hen' authorized capacity and that by . l : ' • • • her signature on the instrument the person , or the entity upon _chat( of which the/person acted. " • `, , . executed the instrument. 4 \VFI•NE$S my bantj• nd Tscial seat.. e I " • / , t • Silt:lutc_ Z.4- `l ' L C.C,f- . NaCAf r I . r M •? Jltt4 Qtrl!21,Me r . • ,r 'i dI « �14er'✓''I • t• V •VI V/ J4.0 11•v .ti VVz ' 1 . . i • Grant of Easement 6533-7163/A-7105 Page 2 EXHIBIT 'As Three strips of land lying within Block 3202 of the East Side Villa Tract, as shown on•a map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. , Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) • The centerline of said strip being described as folio:'.s: • BEGINNING at a point in•the Easterly line of said lanc,l said point being 8 feet Northerly, as measured along said Easterly line, from the Southerly line of said land; . thence Westerly, parallel with said Southerly line a distancn.of 73 feet; thence - .. Northerly, parallel with the Easterly line of said line a distance of 1 feet to a point 1 . hereinafter referred to as Point 'A'; thence continuing Northerly, parallel with the Easterly line of said land; a distance of 10 feet; thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. • ?a • • y,.. • . • . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Neale _.•_- _24 2 2..2,_ __ \�2,����.����. _ : \\\`.\�:<.2_::_::, . 1. K State of... ))) ��OPpONAL SECTION t+�r r /� CAPACITY CLAIMED BY SIGNER Couhty of f V/)Q.Tte../ n+arpn wtw o�.ea w4•�.w r�wtur b ` 'Ia(m'tM AaIi b Io11,doing ao•may prove /111 • (n -t9 ImYYto to parsons nayip cotes docvnertl. 4 / On all bA94 before me,`1'r7t1s/ 40-,z c -Q9R i/7O d Z ' • , ❑INorv4DUAt. / 7E (J NAME,TITLE COMER•E.O.'JANE DOE ARY PUBLIC 0 CORPORATE OFFICER(S> / pelsonaity appeared a`Ginet a 1D79.94eg og:rattbs.*Thi� iL 71i2� . / NAAFIS)OF SAGREA(SI 7171.E(SI .,.: [�personaliy known to me- tac�a4c4V14aRee- ❑PARTNER(S) LIMITED ),tj to be the person(%)whose names)$s/are ❑GENERAL • / ATTORNEY-IN•FACT i subscribed to the within instrument and so- 0 / _ knowledged to me that holshel hey executed 0 TRUSTEE(S) • r MA �JOt the same in •t11G/JheNtheir authorized 0GUARDIAN/CONSERVATOR J / i capacity ies , and that by b1s/her/their i•. .-:; 'V Pablle—Cal/mob MOTHER: 4L / ' / \. .,,,i °RANGECOUNIY signature()on the instrument the person(, - / M,Ccoiwt.bok. MY11.1tIg1' or the entity upon behalf of which the �` gpi, /, • person(%)acted,executed the instrument. / SIGNER IS REPRESENTING: WITNESS my hand and official seal. asmapF PERSONS)) EN Tr•t ES)A _ 1 r 1 ' y SIGNATURE TARP 414t4 _ r/ j OPTIONAL SECTION,llomIllmrIll THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT t &4I mP.N..0 NU}f•0-49"A Eja1laBu7APA/154-Ja7I / THE DOCUMENT DESCRIBED AT RIGHT: PO r NUMBER OF PAGES . DATE OF DOCUNINT �!//'III ( ' / Though the Cate rooveeted hate II not requuq by law. / ,�/— % ` • / d mod prevent um/Wird Ammichment of Ihni lomr SIGNER(S)OTHER THAN NAMED ABOVE . •71/ ' /, ..'�ti\ti \11\\\\ti\\\1,�\\\\\\\'�\\1\\'`\1\t ti\t 1-,.``�a_ti ti ti\�\\^::.. _,.::,.. .,.. . L'TS82 NATIONAL NOTARY ASSOCIATION•8238 Remn 1 t Ave..P.O.Boa 7164•Canoga Pwli,CA SMOS-7181 Uti/U0/9O 1U.lu -LAtlY oVu AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES (Substructure Installation By Applicants) (ESM 12.30.61) THIS AGREEMENT, made this 7th day of October . 19 93 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company', and the party or parties whose names are subscribed hereunder as"Applicants", WiTNESSETH: WHEREAS,Applicants have requested Company, pursuant to Section C. of Company's Rule No. 20, Replacement of Overhead with Underground Electric Facilities, except as modified herein, to replace Company's existing overhead with underground electric facilities at the locations in 'the County of Orange ,State of California,substantially described as follows: and as shown on the map attached hereto and made a part hereof:and WHEREAS. It is necessary for all property owners served from Company's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnish- ed from Company's underground electric system in accordance with Company's rules and that Company may discontinue Company's overhead service upon completion of Company's underground facilities:and WHEREAS, Company is willing to replace Company's existing overhead with underground elec- tric facilities provided Applicants pay in advance a nonrefundable sum equal to the estimated cost of the underground facilities, exclusive of Applicant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities:and WHEREAS, Underground service connections to each applicant from Company's underground electric system will be installed and maintained as provided in Company's rules applicable thereto: NOW THEREFORE, in consideration of the premises. and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows. viz.: • 1. Applicants will pay to Company concurrently with the execution hereof the nonrefundable amount of S 8'789•62 , which is equal to the estimated cost of the underground facilities,exclusive of Appli- cant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. 2. Applicants will furnish and install the pads and vaults for transformers and associated equip- ment,conduits.ducts, boxes,and electrolier bases.and perform other work related to structures and substructures including breaking of pavement, trenching. backfilling, and repaving required in connection with installation of the underground system.all in accordance with Company's specifications and timing requirements at Applicant's expense. sce cso 158-4 REV 11/132 (cw) 0 Printed on recycled paper ..... .•... .... �,......- -. �z ....,, .,iuu viu-Inua; �,vn01 DIO LJ UUJ .- r • r , ; 4. 3. Company will complete the undergrounding of said overhead electric facilities, provided, however,Company has been granted rights of way therefor satisfactory to and without cost to Company. 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures,consisting of pads,vaults.conduits,ducts, boxes,and eiectrolier bases shall vest in Company.Applicants do hereby agree,that immediately upon completion of the underground system described hereinabove and acceptance by Company, title to each and every component part thereof shall im- mediately pass to Company without further action upon the part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' - premises so that service may be furnished from Company's underground electric system in accordance with Com- pany's rules, and Company may discontinue Company's overhead service upon completion of Company's underground facilities. 6. This contract is subject to the Rules of Company. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHER, 'C LIFORNIA EI ISON COMPANY BY 4/''' - �+ /- Op 6 ct 1 anager Orange Coast District AMOUNT SIGNATURE OF APPLICANTS ADDRESS CONTRIBUTED CITY OF HUNTINGTON BEACH 2000 Main Street BI•t • ` _ � :- Acton Beach, CA92647 5 Mayor 1� s ATTEST:• eilootei , . City Clerk • .- -. .. ._ $ APPROVED AS TO FORM: S )e4LO '' Jt a.ty Attorney pp i- � 4 TOTAL $ iw6-14 Witness cd .rf - • Address A-7105 6533-7163 $6251.62 3-7105 6133-7163 $2538.00 PLEASE COMPLETE THIS INFOR :ION LOC # 94-0143420 RECORDING REQUESTED BY: 28—FEB-1994 03:L 9 PM Recorded in Official Records of Oranse County, California AND WHEN RECORDED MAIL TO: Lee A. Branch, County Recorder Face 1 of 5 Fees: $ 0.00 Tax: $ 0.00 THIS SPACE FOR RECORDER'S USE ONLY • 5T THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b 11/92 Recording requested by return to: , Office of the City C' is document is solely for the -' . City of Huntington Beach <_ficial business of the City 2000 Main Street of Huntington Reach, as contem- Huntington Beach, CA 92648 plated under Cc..o n: ont Code Sec. 6103 and should be recorded RESOLUTION NO. 6563 free of charge. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF OVERHEAD SOUTHERN CALIFORNIA EDISON FACILITIES EASEMENT WHEREAS, the City of Huntington Beach desires to summarily vacate an easement for overhead Southern California Edison facilities and relocate to underground facilities, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of a public service easement for overhead Southern California Edison facilities to be relocated to underground facilities. 2. The easement hereby vacated is more particularly described as follows: Three strips of land lying within Block 3202 of the East Side Villa Tract, as shown on the map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) The centerline of said strip being described as follows: BEGINNING at a point in the Easterly line of said land; said point being 8 feet Northerly, as measured along said Easterly line,from the Southerly line of said land; thence Westerly, parallel with said Southerly line a distance of 73 feet;thence Northerly, parallel with the Easterly line of said line a distance of 7 feet to a point hereinafter referred to as Point'A' ;thence continuing Northerly, parallel with the Easterly line of said land, a distance of 10 feet; thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. The parcel is shown on attached Exhibit"A". 3. The City Council does hereby confirm that the easement herein vacated has been superseded by relocation and that there are no other public facilities located within the easement. 4. The City Council hereby declares that from and after the date of the recordation of this resolution that the easement herein identified shall no longer constitute a public service easement. 1 6/resolut/edison/01/04/94 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of January , 1994. Mayor LATT T,;. a 441abal APPROVED TO FORM: City Clerk ' Z.Larn-- ity Attorney (C \ -�,D,4 REVIEWED AND APPROVED: )-kt-44 Th--- 3AA:yiNC ROV D: City Administrator k. Director of public Works • 6/resolut/edison/01104194 6563 Grant of Easement 6533-7163/A-7105 Page 2 EXHIBIT 'A' Three strips of land lying within Block 3202 of the East Side Villa Tract, as shown on a map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150. 00 feet. Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) The centerline of said strip being described as follows: BEGINNING at a point in .the Easterly line of said land; said point being 8 feet Northerly, as measured along said Easterly line, from the Southerly line of said land; thence Westerly; parallel with said Southerly line a distance of 73 feet; thence Northerly, parallel with the Easterly line of said line a distance of 7 feet to a point hereinafter referred to as Point 'A'; thence continuing Northerly, parallel with the Easterly line of said land, a distance of 10 feet; thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. Res. No. 6563 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the igth day of January , 19 94 by the following vote: AYES:. Councilmembers: Silva. Bauer. Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None The foregoing instrument is a correct copy of the original on file in this office. Attest, A - S 19.1 G t1t�. � � Co rr ti r'rp�,/c umy • City Clerk and ex-officio C rk City Clerk and Ex-officio Clerk of the City of the City Council of the City Council of the City of Huntington Beach, of Huntington Beach, California (California. By f'Pe z_._Deputy • d CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 14, 1994 The City Council of the City of Huntington Beach at the regular meeting of January 18, 1994 adopted Resolution No. 6563 ordering a summary vacation of overhead Southern California Edison Facilities Easement. Enclosed is a copy of said resolution for your information. Connie Brockway City Clerk CB:bt Enc. • (Telephone:714-536-5227) SEND Rr"'_UTION OF INTENT TO VACATE TO THI 1ST VACATION LIST Southern California Gas Co. .S�a� CO/���� Box 3331 19/9 S. Anaheim, CA 92803 Attn: ttpu+s—eefflfroso A4/dh Tabi4' Road Com iss • County of ange /Z 4 ' °' e4' F 400 W. th Street Alet.4 A. w�.a.. .a_. t�-7 D / Sa Ana, 92701 County Sanitation Districts of Orange- County County Sanitation District #3 P. O. Box 8127 Fountain Valley, CA 92708 Attn: J. Wayne Sylvester Southern California Edison Co. 7333 Bolsa Avenue Westminster, CA 92683 Attn: `tarry Sti of kes General Telephone Co. 6774 Westminster Blvd. Westminster, CA 92683-3788 Attn: Donald L. Smith Right of Way Agent Orange County Water District P. O. Box 8300 Fountain Valley, CA 92728 Metropolitan Water District of So. Calif P. 0. Box 54153, Terminal Annex Los Angeles, CA 90054 Attn: Jim Hale Woodside/Kubota & Assoc, Inc. only send to them if 501 V. Dyer Road it pertains to water Santa Ana, CA 92702 feeder lines) ..;. Attn: Paul Be.rryhill VACATION LIST CONTIN"rn SEND RESOL ON ORDERING VACATION TO MAKE SURE RES ORDER: IS THIS LIST LSO TO PEOPLE ON LIST RECORDED BEFORE MAILfriu WHO RECEII�L29 THE RESOLUTION OF INTENT TO VACATE County Assessor Send for recording to: County of Orange 630 Broadway Lee A. Branch, County Recorder Santa Ana, CA 92701 County of Orange P. O. Box 238 Santa Ana, CA 92702 Gary anville , County Clerk County o Orange -"''" P. O. Box 38 a�- Cam", EQU fri P' ' R a-v. 6 8 Santa Ana, 92711 a-kcte„, C 4— 9'a l e a 0 g 7 Registrar of Voters . Map Section P. 0. Box 11298 Santa Ana, CA 92711 In House: Mike Adams , Planning Map Maker, Fire Dept REQUEST FOR CITY COUNCIL ACTION Date January 18, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator` L OE Prepared by: qa1(j,ouis F. Sandovalr Director of Public Works Gp Subject: EASEMENT FOR SOUTHERN CALIFORNIA EDISON FACILITIES RESERVOIR HILL BOOSTER STATION; CC-534 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception /&,4/...., 47‘6 41 Statement of Issue, Recommended Action, Analysis, Funding Source, Alt rAl'tRIACAV DAMAMIFT E f".. ' 19. Statement of Issue: PIY c K Construction plans for the Reservoir Hill Booster Station; Cash Contract No. 534 call for relocating the existing overhead Southern California Edison (SCE) electric facilities to underground. To accomplish this, it is necessary to vacate the existing easement (for overhead facilities) and grant a new easement (for underground facilities) . Recommended Actions: 1. Adopt the attached resolution ordering a summary vacation of the existing easement. 2 . Approve and authorize the Mayor to sign the Easement Deed for the relocated underground SCE facilities at the subject project site. 3 . Instruct the City Clerk to record the new Easement Deed with the County Recorder's Office. 4 . Approve and authorize the Mayor to sign the attached "Agreement for Replacement of Overhead with Underground Electric Facilities" for execution with Southern California Edison. Analysis: The Reservoir Hill Booster Station Project; CC-534 is located at the City of Huntington Beach Water Operations Yard, 19001 Huntington Street. Electric power is currently fed to the site via overhead facilities. The construction plans for the project call for the relocation of the existing electrical facilities from overhead to underground. An existing easement provides for the existing overhead facilities. Pursuant to Section 8333 paragraph (c) of the Streets and Highway Code; \,, January 18, 1994 Easement for Southern California Edison Facilities Reservoir Hill Booster Station; CC-534 Page Two "The Legislative body of a local agency may summarily vacate a public service easement in any of the following cases: . . . . (c) The easement has been superseded by relocation and there are no other public facilities located within the easement. " Consequently, because there are no other public facilities located within this easement, it is requested that City Council adopt a resolution ordering the summary vacation of the existing easement, and grant a new easement for the relocated facilities. In addition to the new Easement Deed, SCE requires that an "Agreement for Replacement of Overhead with Underground Electric Facilities" be executed with the City. Funding Source: This project is funded in the FY 1993/94 Water Fund Capital Improvement Budget; Account Number E-EW-PC-848-6-39-00. Pursuant to the terms of the Cash Contract No. 534 construction contract documents, the contractor has made payment to SCE the amount of $8,789 . 62 to relocate their facilities. No additional funds are required at this time. Alternative Actions: Deny the request and direct staff on how to proceed. Attachments: 1. Resolution ordering the summary vacation of the existing Easement. 2 . (New) Easement Deed 3 . Agreement for Replacement of Overhead with Underground Electric Facilities 4. Project map showing proposed Easement. LFS:JRR:DMD:bb CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 24, 1994 Southern California Edison Co. Real Properties & Administrative Services 500 North State College, Suite 750 Orange, CA 92668-9605 Attn: D. Allison The City Council of the City of Huntington Beach at the regular meeting held Tuesday, January 18, 1994, approved an easement deed for the relocation of underground facilities at the Reservoir Hill Booster Station, 19001 Huntington Street, Huntington Beach and also approved Agreement for Replacement of Overhead with Underground Electric Facilities. Enclosed is the original easement deed and agreement. After execution of the agreement and after recording of the easement deed, please forward a copy of each to my office. Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227) In CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 8, 1994 Lee A. Branch, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed is Resolution No. 6563 to be recorded and returned to Office of the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648. Connie Brockway City Clerk CB:bt Enc. (Telephone:714536-5227) Itecoraing requestea oy ana return to: Office of the Cite-"lerk This document is solely for the City of Huntingtc. each official business of the City 2000 Main Street y - of Huntington Road- , as contem- Huntington Beach, CA 92648 plated undor z-,ern:..ent Code Sec. 6/03 and should be recorded RESOLUTION NO. 6563 free of charge. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF OVERHEAD SOUTHERN CALIFORNIA EDISON FACILITIES EASEMENT WHEREAS, the City of Huntington Beach desires to summarily vacate an easement for overhead Southern California Edison facilities and relocate to underground facilities, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of a public service easement for overhead Southern California Edison facilities to be relocated to underground facilities. 2. The easement hereby vacated is more particularly described as follows: Three strips of land lying within Block 3202 of the East Side Villa Tract, as shown on the map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) The centerline of said strip being described as follows: BEGINNING at a point in the Easterly line of said land; said point being 8 feet Northerly, as measured along said Easterly line, from the Southerly line of said land; thence Westerly, parallel with said Southerly line a distance of 73 feet; thence Northerly, parallel with the Easterly line of said line a distance of 7 feet to a point hereinafter referred to as Point'A' ;thence continuing Northerly, parallel with the Easterly line of said land, a distance of 10 feet;thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. The parcel is shown on attached Exhibit "A". 3. The City Council does hereby confirm that the easement herein vacated has been superseded by relocation and that there are no other public facilities located within the easement. 4. The City Council hereby declares that from and after the date of the recordation of this resolution that the easement herein identified shall no longer constitute a public service easement. 1 6/resoluUedison/01/04/94 , r. : , PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of January , 1994. Mayor ATT T,:. s vz dge 4 • APPROVED TO FORM: City Clerk ' Z.Larn-- \JY!EwEDAPPRov ;iZLL Ity Attorney MT. City Administrator �. Director of Public Works 2 6/resolut/edison/01/04/94 6563 Grant of Easement 6533-7163/A-7105 Page 2 EXHIBIT 'A' Three strips of land lying within Block 3202 of the East Side Villa Tract, as shown on a map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) The centerline of said strip being described as follows: BEGINNING at a point in •the Easterly line of said land; said point being 8 feet Northerly, as measured along said Easterly line, from the Southerly line of said land; thence Westerly; parallel with said Southerly line a distance of 73 feet; thence Northerly, parallel with the Easterly line of said line a distance of 7 feet to a point hereinafter referred to as Point 'A' ; thence continuing Northerly, parallel with the Easterly line of said land, a distance of 10 feet; thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. • • 6563 2 Res. No. 6563 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 18.th day of January , 19 94 by the following vote: AYES:. Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None The foregoing instrument is a correct copy of the original on file in this office. a � �.2 Attest - S 19 j flit e? . _Mae Ltotl.y City Clerk and ex-officio C rk 3ity Clerk and Ex-off icio Clerk of the City of the City Council of the City Council of the City of Huntington Beach, of Huntington Beach, California California. By 0 Q Deputy - t• a `J RECORDING REQUESTED BY A.per Southern California Edison Company WHEN RECORDED MAIL TO f'�G' Southern California Edison Company Real Properties and Administrative Services 500 N. State College, Suite 750 Orange, CA 92668 Attn: Southern Region SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF DOCUMFN(ARY TRANSEFR TAX S NONF IVAI OF DISTRICT WORK ORDER IDENTITY MAP SIZE EASEMENT ANIZ Orange Coast 6533-7163 A-7105 43-92 OC VSIDFRATION I FSS THAN S1o0.001 (Corporation) LU SO,CALIF,EDISON nu 37-8C-4 APPROVED:REAL PROPERTIES BY DATE 9q.OF DECLAMM OR AGENT DETERMININGTAx. FIRM NAME "'"' 159-321-001 AND ADMINISTRATIVE SERVICES DJA 11/08/93 CITY OF HUNTINGTON BEACH, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace. reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: SEE ATTACHED EXHIBIT'A' FOR LEGAL DESCRIPTION This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. The Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this /s day of , 19 S Y CM'OF HUNTINGTON BEACH, a municipal corporation Mayor ATTE rI : ByLl���SLZGC City Clerk • • • • . APPROVED AS TO FO ; • ./4 0 524,ty ..._ STATE OF CALIFORNIA } } ss. • Ci. y Attorney COUNTY OFF) �13'4 —`> On J a n ua r y 5 , 1994 , before me,c .�, , personally appeared Gail Hutton - • •• raid( , personally known to me (er- prav€d 4a me. -the-basis-ef-satisfaetoryr evidence) to be the person whose name subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacit V• and that by her signature. on the instrument the person , or the entity upon behalf of which the/person acted, executed the instrument. WITNESS my an nd official seal. Signature � ;' 3 ' Notery RiNlaRbte-CoNard* ORANGE =INN ' ' My Commtss$on Esspires n�. August 21. 1995 • • • • • • • • Grant of Easement 6533-7163/A-7105 Page 2 EXHIBIT 'A' Three strips of land lying within Block •3202 of the East Side Villa Tract, as shown on a map recorded in Book 4, page 65 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. Also excepting therefrom that portion of the Southerly 150.00 feet lying Westerly of the Westerly line of the Easterly 150.00 feet thereof; said strips of land being described as follows: Strip 1: (6 feet wide) The centerline of said strip being described as follows: BEGINNING at a point in •the Easterly line of said land; said point being 8 feet Northerly, as measured along said Easterly line, from the Southerly line of said land; thence Westerly; parallel with said Southerly line a distance of 73 feet; thence Northerly, parallel with the Easterly line of said line a distance of 7 feet to a point hereinafter referred to as Point 'A' ; thence continuing Northerly, parallel with the Easterly line of said land, a distance of 10 feet; thence Westerly, parallel with the Southerly line of said land, a distance of 43 feet. • w1NPtori a thn cgrn P. in -la isl►3Aritheir atIthori7ed I I-'I ri I Anninniirnnicrrnrnrnn VJ _ii 1:_ „0 .-`7 ..fir' 7Lr.0 , A..„,.. ...,...,,,.., �- C.144 1 �`'+��•}C, _ 1�c .././:�' i � f' r THE HUNTINGTON BEACH COMPANY, a California corporation (herein ' • �� � - ; after called "Grantor"), hereby grants to THE CITY OF HUNTINGTON BEACH, a municipal corporation of the County of Orange, State of California, that '�. 1• " parcel of land (hereinafter called "said land") in the City of Huntington y Beach, County of Orange, State of California, described as follows: The Southerly 150 feet of Block 3202, excepting therefrome~ `• 1i the Easterly 150 feet thereof; the Northerly 234+ feet of Block 3101 __ __ and 3102; and the Easterly 21 feet of the South half of Block 3201, all in the East Side Villa Tract as shown on the map recorded in Book !I, page 65, Miscellaneous Maps, Orange County. Excepting, however, and reserving to the Grantor, its successors and assigns, all minerals, petroleum, asphalt, brea, oil, gas and other hydrocarbon substances -in, upon, or under, or that may be produced from, said land, to- gether with the sole and exclusive right to drill slanted wells from locations on other lands into and through, and to construct or develop mines, tunnels, shafts, or other works in and through the subsurface of said land for the pur- poses of recovering said reserved substances from said land or recovering like substances from other lands; provided, however, that the surface of said land shall not be used for the exploration, development, extraction, or removal of said minerals or substances from said land or other lands. This grant is subject to all existing subsurface rights of way, easements, or other matters affecting said premises, whether appearing of record or not, and to the foregoing exceptions. IN WITNESS WHEREOF Grantor has executed this deed this r-- - , �,/,' day of _,‘.6.6 , 1959. , BOOK 5051 PAGE 380 HUNTINGTON BEACH COMPANY RECORDED AT REQUEST OF 13;.:1;-Et.:ILaVd4\, ORAINGE COUNTY i II-LE C IN OFFICIAL RECOi<DS OF >> sFaar�Fr�! ORANGE COUNTY, CALIF. • Rv - / 1 GARF=IEE : AVE, � I WATER ❑PERATI❑NS 1 BUILDING 19002 I ' 19001 W I 1 PR❑POSED NEW ❑VERMYER RESERVOIR EASEMENT GYP.) „IL _ Appr / EXISTING P❑WER P❑LE DISTRIBUTION n 1 I / T❑ BE REM❑VED. BUILDING 1 1 EXISTING P❑WER POLES � ~ TO BE REM❑VED. F-- Proposed SCE Easement Purpose of Easement: for Southern California Edison (SCE) electrical facilities as they are located from overhead to underground. 1/5/94 PLW 's a AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES (Substructure Installation By Applicants) (ESM 12.30.61) THIS AGREEMENT, made this 7th day of October , 19 93 • between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the party or parties whose names are subscribed hereunder as"Applicants", WITNESSETH: WHEREAS, Applicants have requested Company, pursuant to Section C.of Company's Rule No. 20, Replacement of Overhead with Underground Electric Facilities, except as modified herein, to replace Company's existing overhead with underground electric facilities at the locations in the County of Orange ,State of California,substantially described as follows: and as shown on the map attached hereto and made a part hereof;and WHEREAS, It is necessary for all property owners served from Company's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnish- ed from Company's underground electric system in accordance with Company's rules and that Company may discontinue Company's overhead service upon completion of Company's underground facilities:and WHEREAS, Company is willing to replace Company's existing overhead with underground elec- tric facilities provided Applicants pay in advance a nonrefundable sum equal to the estimated cost of the underground facilities, exclusive of Applicant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities:and WHEREAS, Underground service connections to each applicant from Company's underground electric system will be installed and maintained as provided in Company's rules applicable thereto: NOW THEREFORE. in consideration of the premises.and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows. viz.: 1. Applicants will pay to Company concurrently with the execution hereof the nonrefundable amount of S 8,789.b2 , which is equal to the estimated cost of the underground facilities,exclusive of Appli- cant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. 2. Applicants will furnish and install the pads and vaults for transformers and associated equip- merit,conduits.ducts, boxes,and electrolier bases.and perform other work related to structures and substructures including breaking of pavement. trenching, backfilling. and repaving required in connection with installation of the underground system, all in accordance with Compan 's specifications and timing requirements at Applicant's expense. SCE ego I56-4 REV 9/62 (ew) 0 Primed on recycled paper 'S 3. Company will complete the undergrounding of said overhead electric facilities, provided, however,Company has been granted rights of way therefor satisfactory to and without cost to Company. 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures,consisting of pads,vaults,conduits,ducts, boxes, and electrolier bases shall vest in Company.Applicants do hereby agree,that immediately upon completion of the underground system described hereinabove and acceptance by Company, title to each and every component part thereof shall im- mediately pass to Company without further action upon the part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Company's underground electric system in accordance with Com- pany's rules, and Company may discontinue Company's overhead service upon completion of Company's underground facilities. 6. This contract is subject to the Rules of Company. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY BY District Manager Orange Coast District AMOUNT SIGNATURE OF APPLICANTS ADDRESS CONTRIBUTED CITY OF HUNTINGTON BEACH 2000 Main Street • ' ton• Beach, CA9 2 6 4 7 5 Mayor ✓ - ATTEST'• tO4C#6411y) City Clerk - -- - -• _. -- S APPROVED AS TO FORM: 5 TOTAL $ J ty Attorney k-- "e4 r'vt-14-1 Witness Address A-7105 6533-7163 $6251.62 3-7105 6133-7163 $2538.00 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES (Substructure Installation By Applicants) (ESM 12.30.61) THIS AGREEMENT, made this 7th day of October , 19 93 , between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation. hereinafter called "Company", and the party or parties whose names are subscribed hereunder as"Applicants", WITNESSETH: WHEREAS, Applicants have requested Company, pursuant to Section C.of Company's Rule No. 20, Replacement of Overhead with Underground Electric Facilities, except as modified herein, to replace Company's existing overhead with underground electric facilities at the locations in the County of Orange ,State of California,substantially described as follows: and as shown on the map attached hereto and made a part hereof:and WHEREAS, It is necessary for all property owners served from Company's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnish- ed from Company's underground electric system in accordance with Company's rules and that Company may discontinue Company's overhead service upon completion of Company's underground facilities:and WHEREAS, Company is willing to replace Company's existing overhead with underground elec- tric facilities provided Applicants pay in advance a nonrefundable sum equal to the estimated cost of the underground facilities, exclusive of Applicant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities:and WHEREAS. Underground service connections to each applicant from Company's underground electric system will be installed and maintained as provided in Company's rules applicable thereto: NOW THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows. viz.: 1. Applicants will pay to Company concurrently with the execution hereof the nonrefundable amount of S 8,789.62 , which is equal to the estimated cost of the underground facilities,exclusive of Appli- cant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. 2. Applicants will furnish and install the pads and vaults for transformers and associated equip- ment.conduits,ducts, boxes,and electrolier bases.and perform other work related to structures and substructures including breaking of pavement. trenching, backfilling. and repaving required in connection with installation of the underground system,all in accordance with Company's specifications and timing requirements at Applicant's expense. SCE CSD IS6-6 REV 8/82 (CW) w Primed on recycled paper 3. Company will complete the undergrounding of said overhead electric facilities, provided, however,Company has been granted rights of way therefor satisfactory to and without cost to Company. 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said under ground structures and substructures,consisting of pads, vaults,conduits,ducts, boxes, and electrolier bases shall vest in Company.Applicants do hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Company, title to each and every component part thereof shall im- mediately pass to Company without further action upon the part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Company's underground electric system in accordance with Com- pany's rules, and Company may discontinue Company's overhead service upon completion of Compar,: underground facilities. 6. This contract is subject to the Rules of Company. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY BY District Manager Orange Coast District A MOUNT SIGNATURE OF APPLICANTS ADDRESS CONTRIBUTED CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA92647 s By: Mayor ATTEST: $ City Clerk _ $ APPROVED AS TO FORM: 5 TOTAL AWty Attorney /'6'94 Witness 1 — • � ---- Address A-7105 6533-7163 $6251.62 3-7105 6133-7163 $2538.00