HomeMy WebLinkAboutGeneral Telephone Grant Easement - Southern California Ediso t
REQUE% . FOR CITY COUNCIL -ACTION
Date February 24, 198 G "
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administratti,
Prepared by: Paul E. Cook, Director of Public Wor •- �`�
Subject: General Telephone Company Grant Eastme t/L v' Park
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:0
Statement of Issue:
General Telephone Company has requested that the City grant a right-of-way
easement along the east property line of Larkview Park for the purpose bf
installing a buried cable to serve the residences east of the park.
Recommendation:
Approve the granting of an easement and authorize the Mayor and the City
Clerk to execute the agreement.
Analysis:
General Telephone Company proposes the rearrangement of communication
facilities located within Larkview Park at Freeborn Drive and Lido Lane
to serve the residences east of the park. Before they can proceed with
the engineering of the facilities, it is necessary that they acquire an
easement providing the right to install and maintain their facilities.
Therefore General Telephone Company is requesting permission to. locate
their underground facilities on park property within the six (6) feet
as shown on Exhibit A.
The Public Works Department has reviewed the request and recommends that
the City . Council approve it.
Funding Source:
None
Alternative Action:
Deny General Telephone Company' s request for a grant of easement.
Attachments :
1. Exhibit A
2. Gen. Tel. Co. Grant of Easement
3. Section District Map
PEC:BPC:lw
P10 4/81
Avenue . Edison estimates the costs of such removal and
relocation to be $3, 533 . 31 .
2 . The City of Huntington Beach ("City") agrees to pay
to Edison pursuant to Edison' s requirements the sum of
$3, 533. 31 in advance of the relocation of utilities and poles
described in Paragraph 1 herein. Should the costs of
relocation, as finally determined by Edison, exceed the said
sum of $3,533. 31 , City agrees to pay said excess costs on
billing by Edison. Should the costs of relocation, as
finally determined by Edison, be less than the .said sum of
$3, 533 . 31 , Edison shall return to City the amount by which
the stated sum exceeds the actual costs of relocation.
3. The City asserts that said removal and relocation of
said utilities and poles are necessary due to the public
project of widening Graham Street .north of Edinger Avenue.
The City has acquired strips of private land adjacent to
Graham Street north of Edinger Avenue in order to widen
Graham Street which is a public right of way.
4. Edison asserts that its utilities and poles are
located on private easements acquired by it prior to the time
City acquired the additional right of way described in
Paragraph 3 herein.
5 . Edison . and the City agree that the City does not
waive any rights it may have against Edison by reason of the
payment of the within relocation costs . At any time after
the payment of said relocation costs , either City or Edison
-2-
may bring suit in a court of competent jurisdiction to
determine who shall bear the costs of relocation of said
facilities .
6 . Neither this letter agreement nor the doing of any \
act pursuant to the terms expressed herein shall be deemed a
waiver of any right , claim, cause of action or defense of
either the City or Edison whether heretofore or hereafter
existing, nor a declaration against the interest of either
party. It is the express intent of the parties to enter this
agreement solely and only to effect the immediate and timely
relocation of Southern California Edison Company' s facilities
as aforesaid, while reserving for later resolution their
dispute as to liability for the cost thereof.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written.
CITY OF HUNTINGTON BEACH, a
municipal corporation
By
Mayor
ATTES
City Clerk
-3-
SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation
APPROVED: By
Vice President
By
City Attorney Assistant Secretary
APPROVED AS TO FORM: REVIEWED AND APPROVED:
J S GEORG City Adminis rator
Deputy City Attorney
Y B�0 At orney or
Southern Califor a Edison Company
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CITY OF
HUNTINGTON BEACH ,r -
ORANGE COUNTY CALIFORNIA
DH 72-11
CITY OF HUNTINGTON BEACH
ADMINISTRATIVE COMMUNICATION
HLINTINGTON BEACH
To Department Heads, Assistant From City Administrator
Department Heads and Division
Heads
Subject 6, 7 and 8 lines Date July 10, 1972
The City Centrex Telephone System provides many fine features at
a reduced cost. The 6, 7 and 8 lines, however, are expensive to
lease and are often busy when employees desire to use the lines.
The present telephone monitoring equipment does not provide a
means to evaluate telephone traffic, thus it is impossible to
determine the cost/demand ratio in evaluating the expenditure
for additional lines.
On the 24th of July, 1972, the use of the 6 (Los Angeles) , 7
(Santa Ana) , and 8 (Long Beach) lines will be terminated.
All calls outside of the 9 area will be toll calls (dial 9-1-
number) and charged directly to the using phone. The destination
called and the duration of the call will be listed on the phone
bill.
General Telephone will provide the City with a monthly traffic
analysis. The monthly traffic analysis will provide a basis for
determining the actual requirements for the 6, 7 and 8 lines.
In addition, the data provided by General Telephone will permit
a valid comparison of the requirements and the costs of the 6,. 7
and 8 lines.
Department and Office Chiefs ' should advise all personnel of the
forthcoming change. Employees should be further advised that the
change to toll charges should not restrict essential City-business
calls. The use of the toll-call system will provide Department and
Office Chiefs an opportunity to monitor long distance phone useage.
Telephones are a time-saver and a cost-effective means, if used
properly, to conduct official City business. Toll calls, however,
should be limited to essential City business.
Your full cooperation in this matter is requested.
Sincerely,
David D. Rowlands
f City Administrator
Gal Hutton
k City ty Attorney Date 1 C/1 7/ 3 Q
RELOCATION AG EEMEUT_EDISON COMPANY
The City Council 1 continued this item until its
11 /6/78 meeting to allow the City Attarne.Y s
Office time to .meet with the Edison COMDany and
hopefully resolve any differences that might
exist relative .fin the 1 i abi 1 i tv of relocation
of Edison Company facilities . I would like a
renoa t urpgared "to be seat to the Ci tv Council
inbcat ng' the disposition of -these neaotia ion
and recommending a dourse of action.
RETURN TO --�
Signed
e }
7'
fP
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Date Signed
Rodif?rm SEND PARTS 1 AND 3 WITH CARBONS INTACT.
;`....4S 4GS PART 3 WILL M RETURNED WITH REPLY. -
.1
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CITY OF 75C
HUNTINGTON BEACH
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ORANGE COUNTY, CALIFORNIA
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O F 0 R M E D COPY RECORDED IN OFFICIAL RECORDS
f ORM'60�i4739 `(8-58) Corporation - U round dCo mpared with Origin*
OF ORANGE COUNTY,CALIFORNIA
RECORDING REQUESTED BY
GENERAL TELEPHONE COMPANY OF CALIFORNIA LCI.8001
-10`� AM APR 1 '83
When Recorded Mail to _ 0 COUNTY
C. A. BRIL RC 3772 ��]]'22 • � +�n� RECO R
GENERAL TELEPHONE COMPANY OF WIFORNIA �0.N 4k4 C ONAoo *%ed Cor+q •� Ct4Y C�ete6
6774 Westminster Avenue No Consideration and Value '#VVo'0W;A' svowe '
Westminster, CA 92683-3788 - Less Than $100.00. vo✓APAt�. �� Job ytv
No Documentary Transfer Tax Due - By:
General Telephone Company of California Right of Way Agent
GRANT OF EASEMENT
THE GRANTOR, CITY OF HUNTINGTON BEACH, a municipal corporation ,
a corporation, hereby grants to the GENERAL TELEPHONE COMPANY OF CALIFORNIA, a corporation,
hereinafter referred to as GRANTEE, its successors and assigns, an easement to construct, use, maintain,
operate, alter, add to, repair, replace, and/or remove its facilities, consisting of underground conduits,
manholes, pedestals, cables, wires, and appurtenances, for the transmission of electric energy for com-
munication and other purposes over, in, under, across, and along that certain real property situated in the
City of Huntington Beach County of Orange ,
State of California, described as follows:
A strip of. land, 6 feet in width, lying within Lot A of Tract No. 6933 as per maps
thereof filed in Book 264, at Pages 35 and 36,. 6f Miscellaneous Maps in the office
of the County Recorder of said County of Orange.
Ile Easterly line of said strip of land, 6 feet in width, is descried as follows:
Beginn_1ng at the Southwest corner of Lot 33 of said Tract No. 6933; thence North
00 55' 50" West, along the West line of Lot 33 and Lot 41, 100 feet.
I
THE GRANTEE, its successors and assigns and their respective agents and employees, shall have
the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose
of exercising the rights herein granted and shall have the right to remove such growth as may endanger or
interfere with the use of said easement. Such rights shall be reasonably exercised and the Grantee shall be
liable for any damage negligently done by it to the above described property.
IN WITNESS WHEREOF, said Grantor has caused its co-;p rage name�and seal to be affixed hereto
and-thi's'insrument to be executed by its _fry�R -President and
5Mre q, ereunto duly authorized this Pj3T day of
CITY OF HUNTINGTON BEACH
Municipai Corporation cWO (CORPORATE SEAL)
By �� _ an4
'Mayor ; n� -City Clerk
STATE OF CALIF NIA )
COUNTY OF ) ss'
Q 55
On p 3 before me, the undersigned, a Notary Public in and
for said State, personally appeared , known to me to
be the Mayor Mayor. and ,
known to me to be the Clty Clerk Q3tgT,Clerkof the corporation that executed the within
instrument, known to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal. OFFICIAL SEAL
CONNIE
A . DROCKWAY
NOTARY PUi;L1C - CALIFORNIA A
PRIIN, L OFFICE IN
ORANGE COUNTY
MY COMMISSION EXPIRES OCT 10 1985
(ABOVE AREA FOR OFFICIAL NOTARIAL SEAL)
R/W W.O. #881-711 SLTR Signature
PLANT W.O.
L'@110 34' _ 9b
ERVV/N LANE � 2s
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2.43AG 0 35 wo 53'
'24 87
• NO. 933
30" 3^' S8o 0 6c 32 60 3/
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6933 M.M. 264-35,36
NOTE ASSESSORS FLOCK 8r ASSESSOR S MAP
PARCEL NUMBERS kOC)K 165 PAGE 11
w SHOWN IN LlkLLrS COUNTY Of ORANGE
REQUEST R)R CITY A(!CO COUNCILIN ON b&"
Uo
H. E. Hartge /W/� Public Works
Submitted by Department
Date Prepared October 6, 119 78 Backup Material Attached X� Yes No
Subject The Relocation of Southern California Edison Company Facilities
in Conjunction with the Graham Street Improvements; CC-472
City Administrator's Comments [k
��77 i M tl w a 1 S !am
19 f
Approve s �om d d. �
�Ty,CyE
.:q�^i
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: .
Statement of Issue :
In order to proceed with the improvement of Graham Street, north of Edinger
Avenue, Southern California Edison Company facilities must be relocated. A
dispute has arisen between the Edison Company and the City as to who should
bear the cost of the relocation.
Recommendation:
Approve the accompanying relocation agreement and authorize the Mayor and
the City Clerk to sign.
Analysis:
The City of Huntington Beach is planning the improvement of Graham Street
north of Edinger Avenue in conjunction with the improvement of Marina Park.
In order to proceed with the street improvement, Edison Company power poles
must be relocated out of the new street area. The Edison Company has stated
that the City should pay for the relocation of their facilities . The City
Attorney, however, is of the opinion that according to the Franchise Agree-
ment between the City and the Edison Company, the Edison Company is required
to pay for any relocation required due to street improvements. Rather than
postpone the street improvements until this issue can be resolved through
the courts, it is recommended that the attached agreement be approved. The
agreement provides for the City, without any admission of responsiblity for
the cost of relocation, to deposit with the Edison Company, the estimated
cost 'to relocate the poles. The poles will then be relocated and the dispute
resolved at a later date .
Alternatives :
Do not approve the agreement, however, this alternative would postpone the
Graham Street Improvements and higher costs due to inflation of constructio
prices will result.
P10 3/78
l
Request for Council Action
October 6, 1978
Page 2
Funding Source:
The estimated cost to relocate the Edison Company facilities is $3,533.11.
If the dispute is settled in favor of the Edison Company, the cost of
this relocation will be funded from the Gas Tax Fund.
HEH:RLL:lw
t
GAS 1AX FUND
•._Reven ue
1402 Interest Income $ 160,000
1403 S t a t c Tax' - 2107 755,000
IWi State Tax 21.07.5 10,000
1405 State Tax 2106 8/0,n00
Fede ra] Government (FAU) 51 ! , 50(.)
County of Orange (AFIFP) 909, 500
Ci ty 0f.4lestinins.ter 16 ,200
General Fund 9.) 700
'Developers. 8,000
Total $ 3 ,2.53,900
Expenditures:
Transfer: to General Fund $ 7551000
Yorktown Street Widening :- Maine to Beach 7t12 ,000
Talbert Street Widening - Got hard to Newland 426 ,000
McFadden Street Widening - GoLhard to San Dicgo Frwy 139,000
,.Saybrook St : Improvements - Edinger to Santa Barbara 302 ,500
Springdale St . Widening BoIsa to Glenwood 380 ,000
F rank fo rt.' Reconstruct ion 82 ,000
Yorktown St . Widening - 300' E/O to 500' E/O. Beach. 150 ,000
Newland Sidewalk Construction 11 000
Trudy Woodstock Storm Drain 300 ,000
Michal Drive Storm Drain 175 ,000
Old Town Storm Drain Phase ,11I 380 ,000
Rogers , Herbert , Kern Storm Drain 50,000
Kenilworth , Vinelan"d Storm Drain 50 ,()00
Street Maintenance Program 500 ,000
Edinger Ave. `Traffic Signal .I.nterconnect 620, 500
Construct 4 traffic signals 212,00.0
Misc. . Traffic and Operational .Improvements 333 ,900
Total $ 5 ,608,900
.Deficit to be, funded Front $3 ,094 ,065 in unappropriated,
fund balance $ 7_ ,355 ,000
Recap:
Revenue. $3 ,253 ,900
Unappropriated Fund Balance.. 2 ,355 ,000
Total $ 5 ,608,900
Expenditures $ 5 ,608,90.0
ORIGINAL COPY
for Master File
��nn nF_
AGREEMENT TO CITY CLERK
THIS AGREEMENT is made and entered into this day of
1978 , in Huntington Beach, California, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation,
hereinafter referred to as "City, " and the SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation and public utility, hereinafter
referred to as "Edison. "
WITNESSETH:
' WHEREAS , the City of Huntington Beach has planned a
public project to widen Graham Street north of Edinger Avenue;
WHEREAS , the project of widening Graham Street requires
the relocation of utilities and poles owned and operated by
Southern California Edison Company;
WHEREAS , a dispute has arisen between Edison and the
City with regard to- who should bear the burden of the cost of
relocation of Edison' s facilities and poles ; and
WHEREAS, both City and Edison desire that the improve-
ments to Graham Street and the relocation of the utilities
and poles proceed without undue delay.
NOW, THEREFORE, the parties hereto mutually agree as
follows :
1 . Southern California Edison Company ("Edison") agrees
to remove and relocate its utilities and poles located on
property parallel to Graham Street and north of Edinger