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HomeMy WebLinkAboutSouthern California Edison - city acceptance of new pipeline (2) . , I ...gr,) i-- Ist-uk, - bP 4.3 /— Re,,-„,..,....- (.A.J 'Z Council/Agency Meeting Held: ./3/97 f s'�""'$``- wO.`~' 5°"PO Deferred/Continued to: 0 Approved ❑ Conditionally pproved ❑ Denied City Clerk's Si nature Council Meeting Date: February 3, 1997 Department ID Number: PW 97-008 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr r Q PREPARED BY: LES M. JONES, II, Director of Public Works 'toll. 1' SUBJECT: ACCEPT THE NEW PIPELINE EASEMENT THROUGH SCE PROPERTY FOR THE FLOUNDER PUMP STATION EXPANSION; CC-742 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department has requested an easement across property owed in fee by Southern California Edison Company (SCE) for the purposes of constructing a new storm water outlet pipe to accommodate the Flounder pump station upgrades; CC-742. Funding Source: Funds are available in expenditure account E-SM-PC-742-3-90-00. Recommended Action: 1 . Accept the Pipeline Easement from SCE, And, 2. Authorize the Mayor and City Clerk to execute the Pipeline Easement, And, 3. Authorize the Director of Public Works to expend $5,500 to cover cost to purchase the Pipeline Easement. Alternative Action(s): Deny the recommended actions and abandon the project. t '1, u yl~ `REQUEST FOR COUNCIL ACTION MEETING DATE: February 3, 1997 DEPARTMENT ID NUMBER:PW 97-008 Analysis: In 1994 Public Works applied for, and was awarded a grant from FEMA to expand the Flounder Storm Water Pump Station. During design of the Flounder pump station, it was determined that the new 36 inch discharge pipe needed for the additional pump could not be installed within the existing pipeline easement. In order to get the new pipe from the pump station to the Counties flood control channel a new pipeline easement would be required from SCE. SCE will grant the required pipeline easement to the City of Huntington Beach for a fee of$5,500 to cover the value of the easement. Before the easement can be accepted it needs to be executed by the Mayor. Environmental Status: The recommended action to accept the Pipeline Easement is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines, Cal. Admin. Code. Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number Location Map Pipeline Easement 0023274.01 -2- 01/16/97 1:06 PM H 0 0 U LL: U 1.11, 11.1, 111111111111 EX. EASEMENT 0. C. F. C. D. DO-5 SO. CA. EDISON R/W PROPOSED EASEMENT FLOUNDER DR. PLO, \D I J PUVP STA. F- C) 1Y o • rY Q o 0 I m . YOR KC TOWN AVE. A NOT TO SCALE PROJECT LOCATION V AP CITY OF HU \TINGTON BEACH SO DEPARTMENT OF PUBLIC WORKS • XAR-e e..J RECORDING REQUESTED BY �.,J(6 S6� . n ,_ae_• /U SOUTHERN CALIFORNIA EDISON COMPANY r� e'144 G RECORDING REQUESTED BYass SOUTHERN CALIFORNIA EDISON COMPANY �/ /97 14803 CHESTNUT STREET WESTMINSTER, CA. 92683-5240 SPACE ABOVE THIS LINE FOR RECORDER'S USE PIPELINE EASEMENT DOCUMENTARY TRANSFER TAX$ SER 64200A. J.O.2216 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND Approved REAL PROPERTIES AND Location:153 381-24 ENCUMBRANCES REMAINING AT TIME OF SALE ADMINISTRATIVE SERVICES SO.CALIF.EDISON CO. SIGNA I UHE OF UECLARAN I OR AGEN I DETERMINING TAX FIRM NAME BY JG DATE11/19/96 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to THE City of Huntington Beach, a municipal corporation, hereinafter called "Grantee", an easement for pipeline (drain) purposes, in, on, under, over, along and across that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: That portion of the Southerly 200.00 feet of the Northwest Quarter of the Northeast Quarter of Section 6, Township 6 South, Range 10 West, San Bernardino Meridian, more particularly described on the attached Exhibit "A" and shown on the attached Exhibit "B", both attached hereto and by this reference made a part hereof. SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not. SUBJECT TO ITEMS The foregoing grant is made subject to the following terms and conditions: 1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2. The said Easement shall be exercised so as not to endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits. 3. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor. 4. Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. Serial 64200A 5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of seventeen (17.00) feet between their equipment and,any and all overhead electric conductors. 6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. 7. The above described real property is to be used only for the purposes specified herein and in the event: (a) said real property is not so used; (b) said real property shall be vacated as a pipeline (drain) right of way; or (c) the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 8. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefor, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. 9. Upon the termination or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said and restore said above described real property as nearly as possible to the same state and condition that it was in prior to any construction of said facilities, but if it should fail to do so within sixty (60) days after such termination, Grantor may do so at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten percent (10%) per annum shall be paid by Grantee upon demand. 10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement") shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor. 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense. 12. Grantee hereby recognizes Grantor's title and interest in and to the above described real property and agrees never to assail or resist Grantor's title or interest therein. 13. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90%). 14. Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 15. In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to pay Grantor in addition to any other recovery or relief or which Grantor may be entitled, a reasonable attorney's fee to be fixed and allowed by the Court. 2 Serial 64200A 16. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to said other party at its principal place of business. 17. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described real property. 18. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than three (3) feet below the surface of the ground, shall be capable of supporting three-axle vehicles weighing up to forty (40] tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 19. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible. 20. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150%) of its maximum operating pressure. 21. The two-year limitation contained in paragraph 10 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor. 22. Grantee agrees that no additional structures will be installed on the above described real property. 23. Grantee agrees not to store flammable materials nor store or park any vehicle on the above described real property. 24. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 25 The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine-or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto. IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this a/of day of 6C- , 19 97. SOUTHERN CALIFORNIA EDISON COMPANY By Martin Mauch Real of Way Agent Real Properties and Administrative Services GRANTEE does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. 1t71 DATED as of this iN day of Lvzzu� , 19'7 . A11' r) e:J) AS TO I+OIThI:1 By ;i"soli, c t Attorney, CONNIE BROCKVIEA�' CITY C Mayor By r 5� :J Y-AY By la 7 .L �� 1ZuliFUTY , ' l`�..j K EXHIBIT 'A ' SERIAL 64200A THAT PORTION OF THE SOUTHERLY 200 . 00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 , TOWNSHIP 6 SOUTH, RANGE 10 WEST, S . B .M. , IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THE GRANT DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED ON SEPTEMBER 15 , 1955 AND JANUARY 28 , 1958 IN BOOK 3210, PAGE 469 AND BOOK 4178 , PAGE 59 , RESPECTIVELY, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF LAND 10 . 00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE NORTHERLY LINE OF TRACT NO. 4744 AS SHOWN ON A MAP FILED IN BOOK 176, PAGES 13 THROUGH 17 , INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING DISTANT THEREON SOUTH 89 °37 ' 52" WEST 31 . 01 FEET FROM THE NORTHEASTERLY CORNER OF LOT 189 OF SAID TRACT, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THAT PARTICULAR GRANT DEED DESCRIBED IN SAID BOOK 3210, PAGE 469 , OF OFFICIAL RECORDS; THENCE NORTH 0°22 ' 08" WEST 200 . 00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARTICULAR GRANT DEED DESCRIBED IN SAID BOOK 4178 , PAGE 59 , OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°22 ' 08" EAST 171 . 52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 22 . 50 FEET; THENCE SOUTHEASTERLY 29 . 93 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 76° 12 ' 35" . EXCEPTING THEREFROM ANY PORTION OF SAID STRIP LYING WITHIN STRIP 2 AS DESCRIBED IN THE EASEMENT RECORDED DECEMBER 20, 1963 , AS DOCUMENT NUMBER 19261 IN BOOK 6854 , PAGE 242 , OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. THE AREA OF THE ABOVE DESCRIBED STRIP IS 1, 792 SQUARE FEET, MORE OR LESS . ALL AS SHOWN ON EXHIBIT 'B ' ATTACHED HERETO AND MADE A PART HEREOF. LANDS,i ��°' \0N F. e �, 9�r, �� Ss O � p Exp 9-30-97 ,11 No 4406 �z 'TFOF CAL1• COC\ 4-17-96 • — I a I, - • EXHIBIT ' B ' • SERIAL 64200A TRUE POINT OF BEGINNING ---- -- -- -- I 1 7 /•„' S.C.E. PROPERTY PER • o II " O.R. 4178/59 1 O 0 ,„ �" N O SCALE: 1"=40' 1 1 N %( R. 1 \� A 0--{ , " SCE CO. , EXISTIN �C��� 1 TOWER G • 5' 6 ' \., 4- cD. STRIP 2 PER\K\C 0 *\ * 1 '.I . 10' I� . ; SCE CO. -\�\ 6 Dc �f O V'J ' O.R. 6854/242� 1 ; ;• EXISTING Q� Q <C,�� �• � 1 1 ;,, TOWER CO ICI , " 0 1 r _1 to �+ I FUTURE 1 S.C.E. PROPERTY PER 1z ' • 1 TOWER I 1 O.R. 3210/469 ik, L _ _ J \ Nior t=76'12'35" R=22.50' NI -, L=29.93' , v vi,...... --1-- 31.01'y —,/� N89'37'5Z E '1 1 1319 10 ' ' POINT OF BEGINNING ' TRACT \O. 4744 Q „ 1 A N 0 SUSCO 1 f---- , ,Tcs\\1 F *-- -,moo CO CO CD —, i Ems. 9-30-97 ' 1 * * V . 'V . 176/ 13- 17 N0. 4406 Q. �f9r£ OF CAL�F��,\ - -- -- --I -- -- ' 4.&,,,,,,4 _ 7---t FLOUNDER DRIVE T E---- t SALMON AREA=1,792± SQ. FT. = :;;'/.:;; I LANE 4/17/96 cu L-T. 1 CI 1 g60-4 153-32i-a /• , Serial 64200A City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF L20--,ti9..e—, ) b2 ).° u On / /997 , before me, 7)9a4A '93211414-M.t., , personally appeared Wa.4.`ie&wilt.) 0.16)c1 personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (ohc/he) executed the same in (her/his) authorized capacity and that by (-her/his) 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 5iGC�� oC • ‘93- 42aBxJ z MAymcE L.johns z : ,gb,. No„crY Pub'#cc7t3,3 ! 7. ORANGE is oiitoinicl MY Corn AGE COUNTY Comm.EYplros MAY II, i 90, A Serial 64200A City Clerk • STATE OF CALIFORNIA ss. COUNTY OF L , V2612V1° u On GcTau . / i997 , before me, `mavkt.-c.;,6 "', , personally appeared `-erx.. NsecitwbeA, personally known to me to bet e p rso�whose name is subscribed to the within instrument and acknowledged to me that (she/hc) executed the same in (her/-h-isj authorized capacity and that by (herbirisj 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 r177-771221uz?`m� MYBRICE L. A JOHNSON 114��^^¢¢' COMM.#991835 :''+ Notary Public—California ORANGE COUNTY My Comm.Expires MAY 11.1997 t. CITY OF HUNTINGTON BEACF © P.O.BOX 190,HUNTINGTON BEACH,CALIFORNIA 92648 DATE P.O.NUMBER GROSS AMOUNT DISCOUNT NET AMOUNT 11-08-97 `223645 FEE/CC 742 ESMPC742390 5500.00 5500.00 TOTALS I. 550_0.00 -00 5500-00 i 1Tt� F I(�IfillTifi 1�hi+� Tl JRl eryihiTlYir��iiiTiflfiflYT'f1( iii.iFfTiPiT �fifi � ® ,- 16-351/1220 , .0 CITY OF HUNTINGTON BEACH I NUMBER • c. HUNTINGTON BEACH,CALIFORNIA 92648 387738 PAY TO THE ORDER OF DATE NUMBER ‘,\V *550050UTHERN CALIF EDISON CD. 01-fl8E 3 MBER $**** AMOUNT 0 14803 CHESTNUT . STREET WESTMINSTER CA 92683-9912 CITY OF UNTINGTON BEACH )ID UNLESS PRESENTED FOR ENCASHMENT • WITHIN 90 DAYS FROM DATE OF ISSUE /fib L+ /� SANWA BANK OF CALIFORNIA HUNTINGTON BEACH OFFICE 6881 WARNER AVENUE HUNTINGTON BEACH,CA 92647 III 38773all. I: i 2 20035 is': 2094.I100 20911' (7) 02/03/97 - Coun kgency Agenda - Page 7 E-10. (City Council) Approve Notice Of Completion For Resurfacing Of Various Local Streets - MSC-382 - All American Asphalt Company -And Approval Of Additional Expenditures (600.50) - 1. Accept the project completed by All American Asphalt Company for the resurfacing of various local streets for a final cost of $198,259 and authorize the City Clerk to file the Notice of Completion with the County Recorders Office and 2. approve an additional expenditure of$10,673, thereby increasing the project budget to $198,259. Submitted by the Public Works Department [Approved 6-0 -- Garofalo: Absent] E.11. (City Council) Approve Project Plans & Specifications - For The Newland Enhancement Area Wheel Chair Access Ramp Improvements - CC-1027 - Authorization To Advertise For Bids For Construction Contract - From Talbert Avenue To Marseille Drive And From Beach Boulevard To Newland Street (600.70) 1. Approve project plans and specifications and authorize the Public Works Director to solicit bids for the Newland Enhancement Area Wheel Chair Access Ramp construction project, CC-1027; and 2. approve the attached sample contract, subject to award of the contract to the lowest responsible/responsive bidder. Submitted by the Public Works Department and Economic Development Department (A copy of the Plans and Specifications are available for public review in the Office of the City Clerk.) [Approved 6-0 -- Garofalo: Absent] E-12. (City Council) Purchase Of Reconditioned Microfiche Reader/Printer Machine - For Community Development Department Construction Documents (320.45) - Appropriate transfer of$13,000 from Account No. G-UU-2-25-55 into capital Account No. E-AA-CD-234-659, and approve and authorize the purchase of the reconditioned 3M-630 microfiche reader/printer." Submitted by the Community Development Department [Approved 6-0 -- Garofalo: Absent] E-13. (City Council) Acceptance Of New Pipeline Easement Through Edison Property - Deed From Southern California Edison Company - For The Flounder Pump Station Expansions - CC-742 (650.80) - 1. Accept the Pipeline Easement from Southern California Edison Company (SCE) across property owed in fee by SCE for the purpose of constructing a new storm water outlet pipe to accommodate the Flounder Pump Station upgrades, CC-742; 2. authorize the Mayor and City Clerk to execute the Pipeline Easement Deed (Assessor's Parcel No.153-381-24); and 3. authorize the Public Works Director to expend $5,500 to cover cost to purchase the Pipeline Easement. Submitted by the Public Works Department [Approved 6-0 -- Garofalo: Absent] E-14. (City Council) Agreement - General Management/Engineering And Secretarial Services -West Orange County Water Board (600.10) - Authorize the Mayor and City Clerk to execute the Agreement for General Management, Engineering and Secretarial Services between the West Orange County Water Board (WOCWB) and the City of Huntington Beach Public Works Department Water Division. Submitted by the Public Works Department [Approved 6-0 -- Garofalo: Absent] (7) •A, CITY OF HUNTINGTON BEACH `�' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 21, 1998 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find check No. 474088 in the amount of$10.00 for a certified copy of Document No. 19970266277 (an unrecorded copy of the document is enclosed). Please return the certified copy in the self-addressed, stamped envelope enclosed. Thank You. eiht-/UL 4400-1Z-WIUr Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr: Southern California Edison Pipeline Easement APN# 153-381-24 (Telephone:714-536-5227) r eat i, Ifl FTY OF HUNTING"Tek BEACH it, INTERDEPARTMENTAL COMMUNICATION TO: Maybrice Henry FROM: Steve Krieger SUBJECT: Edison Easement for Flounder Pump Station CC: Connie Brockway DATE: May 4, 1998 I received the first memo from Connie around 03Feb98 concerning the above subject. I contacted Edison with a follow- up and requested the copy of the deed. I have attempted several times to obtain the deed for the City's files. The last time I talked to my contact was around 02April98 and was told it had been sent out. If the Clerks office can help obtain the deed quicker than I have been able to here is the information: Mr. Martin Mauch, Right-of-Way Agent Southern California Edison (SCE) 14803 Chestnut Street Westminster, CA 92683-5240 Tel (714) 934-0842 Good luck MEMO.DOT