HomeMy WebLinkAboutOrange County Transportation Authority - OCTA - 2025-05-20 ��NTINGro' _ 2000 Main Street,
of ��' Huntington Beach, CA
F •
�f = City of Huntington Beach 92648
APPROVED 6-0-1
�cFCourvr \�oe (McKEON-ABSENT)
File #: 25-382 MEETING DATE: 5/20/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Bob Stachelski, Traffic and Transportation Manager
Subject:
Approve and authorize execution of a Right-of-Way Contract with the Orange County
Transportation Authority and a Joint Use Agreement with Southern California Edison to
facilitate the relocation of electrical facilities related to the 1-405 Improvement Project
Statement of Issue:
As part of the 1-405 Freeway Improvement Project, the Orange County Transportation Authority
(OCTA) acquired property from Southern California Edison (SCE) to facilitate the construction of the
freeway improvements between the intersection of Heil Avenue and Landau Street, along the south
side of the 1-405 freeway towards Magnolia. The existing overhead power lines within the SCE
property needed to be moved and placed underground in Savoy Circle and Landau Lane. The
relocation requires a Joint Use Agreement between the City and SCE and an agreement between the
City and OCTA for terms related to the use of the land.
Financial Impact:
Finalizing the agreement will result in a payment of$104,860 by OCTA to the City. Funds will be
deposited in the Infrastructure Fund 31400314.46410 account.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a Right-of-Way Contract with Orange
County Transportation Authority; and,
B) Approve and authorize the Mayor and City Clerk to execute a Joint Use Agreement with Southern
California Edison.
Alternative Action(s):
Do not execute the agreements and direct staff accordingly.
Analysis:
/i , )J)
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File #: 25-382 MEETING DATE: 5/20/2025
The Orange County Transportation Authority (OCTA) acquired property from Southern California
Edison (SCE) to support construction of the 1-405 Freeway improvements, specifically between the
intersection of Heil Avenue and Landau Lane, along the south side of the 1-405 freeway extending
toward Magnolia Street. As part of the project, existing overhead power lines within the SCE-owned
property needed to be relocated underground along Savoy Circle and Landau Lane to continue
providing electrical service to area residents.
To facilitate the relocation, the City negotiated a Joint Use Agreement (JUA) with SCE. The JUA
outlines the conditions, rights, and responsibilities of both the City and SCE in connection with the
relocation of facilities, as well as the ongoing maintenance and operation of electrical and City
infrastructure located both above and below the roadway.
As the agency responsible for acquiring property rights on behalf of SCE, OCTA collaborated with the
City to develop a Right-of-Way Contract, which defines the terms and compensation owed to the City
for the altered use of public right-of-way. It also addresses the possibility of future costs should the
City need to relocate its facilities to accommodate SCE infrastructure. The contract provides a total
compensation of$104,860, to be paid to the City upon full execution of all related agreements.
Staff has reviewed the agreement and believes the compensation is appropriate, considering the
limited level of City risk associated with the Right-of-Way Contract. The Joint Use Agreement will
remain in effect in perpetuity, with no specified termination date.
Environmental Status:
This action is covered by the General Rule that the California Environmental Quality Act (CEQA)
applies only to projects that have the potential for causing a significant effect on the environment
(Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no
possibility that this activity will have a significant effect on the environment. Therefore, this activity is
not subject to CEQA.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
(._Right-of-Way Contract with Orange County Transportation Authority
2. Joint Use Agreement with Southern California Edison
3. PowerPoint Presentation
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262
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
1-405 IMPROVEMENT PROJECT
Portions of Savoy Circle and Landau Lane
Huntington Beach, CA 92647 103403-1 N/A
Property Address Parcel No. APN.
STPLN-6212 (018) N/A
Federal Project No. Escrow No. Title Order No.
RIGHT-OF-WAY CONTRACT•
The City of Huntington Beach, a municipal corporation (hereinafter, "Grantor"), holds a possessory
interest in streets thereon located on portions of Savoy Circle and Landau Lane, in the City of
Huntington Beach, California (the "Property"). The Orange County Transportation Authority (hereinafter,
"OCTA"), in cooperation with the State of California Department of Transportation is constructing an
improvement to Interstate 405 to increase freeway capacity, improve traffic and interchange operations
and enhance road safety (the "Project") which requires the relocation of specified facilities owned by
Southern California Edison ("SCE Facilities") which are currently in private property in part by way of
easement. A Joint Use Agreement (hereinafter "JUA") is needed over a portion of the Property for the
relocation of the SCE Facilities. Document No. 103403-1 in the form of a JUA being granted directly to
the Southern California Edison Company, a corporation ("SCE"), covering the property interest as
described and depicted in Exhibits "Al" and "A2" is attached as Exhibit "1" hereto and incorporated
herein by.this•reference (the"Property Interest").
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. (A) The performance of this Right-of-Way Contract (hereafter, "Agreement") constitutes the
entire consideration to be provided to Grantor and shall relieve OCTA of all further
obligations or claims on this account, or on account of the location, grade or construction
of the Project or relocation of the SCE Facilities.
(B) OCTA requires said Property Interest for the Project, a public use for which OCTA has
represented it has the authority to exercise the power of eminent domain.
(C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in
determining the compensation for the Property Interest by eminent domain litigation.
The compensation set forth herein for the Property Interest is in compromise and
settlement, in lieu of such litigation.
2. (A) OCTA shall pay Grantor the sum of One Hundred Four Thousand Eight Hundred Sixty
Dollars and Zero Cents ($104,860.00) for the Property Interest within five (5) business
days of the recording of the JUA.
(B) It is agreed by and between the parties hereto that the amount in Clause 2(A) above
includes the sum of Six Thousand Eight Hundred Forty Dollars and Zero Cents
($6,840.00) for the Property Interest and Ninety-Eight Thousand Twenty Dollars and
Zero Cents ($98,020.00)for Grantor's assumption of the possible cost liability risk for the
relocation of utility facilities arising out of the grant of the JUA.
Page 1 of 5
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
• in order to protect against unauthorized
disclosure.
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it possesses
exclusive use of the Property and the compensation paid to Grantor through this Agreement
constitutes the full and complete settlement of any and all claims against OCTA and the State of
California, Department of Transportation (hereinafter, individually and collectively, "Releasee")
by reason of the acquisition of the Property Interest, including, but not limited to, any costs that
Grantor may incur in relocating utility facilities installed pursuant to the grant of the JUA, any
and all rights or claims that Grantor had, currently has or may in the future have under Article 1,
Section 19 of the California Constitution, the Eminent Domain Law, or any other law or
regulation, except as provided herein. Grantor, on behalf of itself and its successors and
assigns, further knowingly and voluntarily waives and expressly releases and discharges
Releasee and any and all of Releasee's employees, agents, officers, servants, representatives,
contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the
following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost
profits, lost rents, severance damages, mitigation damages, compensation for the construction
and use of the Project in the manner proposed, damage to or loss of improvements pertaining to
the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right
to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the
Property, any right to challenge the adoption of a resolution of necessity, any right to receive
any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any
obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor
pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees,
statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain
proceeding that is filed pertaining to the Property Interest and further waives all attorney's fees,
costs, claims to money on deposit, disbursements and expenses in connection with the
dismissal of said proceeding.
4. The parties intend that this Agreement will result in a full, complete and final resolution and
settlement of any and all claims, causes of action or disputes which exist, or may exist, between
them as to the acquisition, possession and/or use of the Property Interest and grant of the JUA,
except as expressly provided herein. It is therefore understood that the waiver, under this
Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be,
entitled is intended to be full and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this.Agreement, Grantor specifically waives the
provision of section 1542 of the Civil Code of the City of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the release and that,
if known by him or her, would have materially affected his or her settlement with the
debtor or released party."
(B) Grantor represents and warrants that it understands the effect of this waiver of section
1542 and has had the opportunity to discuss the effect of this waiver with counsel of its
choice.
5. Any monies payable under this Agreement shall be made payable to the City of Huntington
Beach.
Page 2 of 5
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
6. Grantor represents and warrants that it holds a possessory interest in the Property and has the
right to convey the Property Interest to SCE. Grantor will defend and indemnify OCTA, its
successors and/or assigns against any and all claims, demands, causes of action filed against
OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the
Property, or any portion thereof, which would interfere with the Property Interest. Grantor
represents and warrants that it will defend and indemnify OCTA, its successor and/or assigns in
the amount of any due and unpaid real property taxes, assessments, liens and any penalties
and delinquencies on the Property. Grantor represents and warrants that it has made no
assignment of any interest in the Property Interest.
li 7. Grantor represents and warrants that there are no oral or written leases on all or any portion of
the Property Interest and Grantor agrees to defend and indemnify and hold OCTA harmless and
reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease
of said Property Interest held by any tenant of Grantor for a period exceeding one month.
Grantor acknowledges that a general release or quitclaim deed will be required from any lessee
that has a lease term exceeding one month.
theparties hereto that included in the amount payable
8. It is understood and agreed by and between p y
under Clause 2(A)above is payment in full to compensate Grantor for the purchase of the following
improvements: None. Grantor agrees that it is not entitled to compensation for any improvements
because there are no improvements located within the areas of the Property Interest being
purchased pursuant to this Agreement.
9. Reserved.
10. Reserved.
11. It is understood and agreed by and between the parties hereto that payment as provided in
Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future
damages, which have accrued or may accrue to Grantor's remaining property by reason of the
Property Interest conveyed herein. This release is not intended to extend to any physical
damage caused by the use of Property Interest.
- • 12. Reserved.
•
13. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this
Agreement, the right of possession and use of the Property Interest by OCTA or SCE, shall not
commence prior to the date the amount of funds as specified in Clause 2(A) herein are paid to
Grantor.
14. Any notice either party may or is required to give the other shall be in writing and shall be either
personally delivered or sent by registered or certified mail, return receipt requested. If by mail,
service shall be deemed to have been received by such party at the time the notice is delivered to
the following addresses:
To Grantor:
City of Huntington Beach
Attn:
2000 Main Street
Huntington Beach, CA 92647
•
Page 3 of 5
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
To OCTA:
550 South Main Street
Orange, CA 92863-1584
Attn: Joey Mendoza
15. It is understood and agreed by and between the parties hereto that this Agreement inures to the
• benefit of, and is binding on, the parties, their respective heirs, personal representatives,
subsequent purchasers, successors, and/or assignees.
16. It is understood and agreed that the fully executed JUA shall be recorded in the Recorder's
Office for the County of Orange.
17. This Agreement constitutes the entire agreement between the parties hereto with respect to the
subject matter of this Agreement and may not be modified except by an instrument in writing
signed by the party to be bound thereby.
- 18. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the
remainder of the Agreement shall remain in full force and effect.
19. Each individual executing this Agreement on behalf of an entity represents and warrants that he
or she has been authorized to do so by the entity on whose behalf he or she executes this
Agreement and that said entity will thereby be obligated to perform the terms of this Agreement.
20. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail,
each of which so executed shall, irrespective of the date of its execution and delivery, be
deemed an original, and all such counterparts together shall constitute one and the same
instrument.
21. The Parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal
Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This
requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-
Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964,
28 C.F.R. Section 50.3.
22. No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits. of , or be otherwise subjected to
discrimination under any program or activity that is the subject of this Agreement.
23. This Agreement may be subject to approval by OCTA's governing Board of Directors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
•
Page 4 of 5
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL,
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
In Witness Whereof, the parties have executed this Agreement on the day and year set forth below.
. GRANTOR
CITY OF HUNTINGTON BEACH, A MUNICIPAL
• CORPORATION
. By: 11: 4:2 r 2a`Zaz,tr-
DATE
Its:
APPROVED AS TO FORM: •
By: (-C,,
Mike Vigliotta DATE
City Attorney t..��
. ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
James G. Beil DATE
Executive Director, Capital Programs
• APPROVED AS TO FORM:
By:
James Donich DATE
General Counsel
Orange County Transportation Authority
•
Page 5 of 5
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
•
Exhibit "1"
•
Joint Use Agreement
(Document No. 103403-1)
•
•
•
•
•
•
•
•
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Page 6 of 5
•
RECORDING REQUESTED BY
`" SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
. 2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE &REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
• DOCUMENTARY TRANSFER TAX$NONE(VALUE DISTRICT WORK ORDER SERIAL NO. MAP SIZE AFFECTS SCE
I4ND CONSIDERATION LESS THAN$100.001 Huntington Beach 801760677 72133A 043-090 DOCUMENTS
• SCE Company FIM:41-9A APPROVED: BY DATE
SIG.OF DECLARANT OR AGSM'DETERMINING TAX FIRM NAME APN:107-651-20,23,24, SCE LAW Approved: SF/WJM/CK 03/17/2025 193563
25 and 26 CKK
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 HUNTINGTON BEACH,a municipal corporation of the State of California,
.hereinafter called "City",
WITNESSETH:
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 recorded April 12, 1961, as Instrument No. 7989, in Book
5689, Page 103, of Official Records, in the Office of the Orange County Recorder, hereinafter referred
to as "Company's Easement"; and
WHEREAS City has acquired easement rights for a public street for the construction and/or
• improvement of Landau Lane and Savoy Circle in said City, County of Orange, State of California,
hereinafter referred to as"street right of way", as shown on the print attached hereto, marked"Exhibit
Al" and hereby made a part hereof; and
WHEREAS, the Orange County Transportation Authority ("OCTA") requested Company to
- relocate its existing aerial utility facilities out of the Company Easement area and into an underground
-location within the street right of way, at OCTA's expense;
WHEREAS, Company is unwilling to relocate out of Company's Easement into the street right
of way without certain assurances from City, including those related to the costs of future relocations
and/or rearrangements of Company's facilities; and
WHEREAS, among other things, City has agreed to pay for future relocations and
rearrangements of the Company's facilities to be placed in the street right of way should the City's use of
the street right of way require such relocations and/or rearrangements. _
•
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
contained, Company and City do hereby agree as follows:
Company agrees to rearrange, relocate and reconstruct any of its facilities heretofore or now
installed pursuant to Company's easement within the street right of way.
JOINT USE AGREEMENT
__ S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
Company has and reserves the right to use, in common with the public's.use of said street,
said new location for all of the purposes for which Company's easement was acquired, including the
ability to install,operate and maintain underground electric facilities.Except in emergencies, Company
shall give reasonable notice to City before performing any work on Company's facilities in the new
• location where such work will obstruct traffic and shall obtain permits, as necessary. In all cases,
Company shall exercise due care for the protection of the traveling public and adjacent/nearby City
utilities.
In the event that the future use of the street 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
the street right of way, 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
and adjacent/nearby City utilities. The parties will work together to identify a suitable replacement
location for Company's facilities within the street right of way. No further permit or permission from
City for such rearrangement, relocation or reconstruction shall be required and City will 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 street or highway rights of way.
City agrees to indemnify, defend and reimburse Company for any loss Company may suffer
• because of any lack of or defect in City's title to said new location or any subsequent location within
the street right of way,to which Company relocates its facilities pursuant to the provisions hereof, and
City agrees that if Company is ever required to relocate its facilities because of any such lack of or
defect in title, City shall reimburse Company for the cost of relocating its facilities and any other
reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way
required for such relocation. City shall not reimburse Company for any loss caused by Company's own
fault or negligence.
Company agrees to indemnify and hold harmless the City and its officers from all liability for
damages proximately resulting from Company's use and enjoyment of the rights set forth herein.
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 damaged by reason of
the construction, reconstruction or maintenance of the street, by the City or its contractors, and that,
• if necessary, City will protect Company's facilities against any such damage, at City's expense.
In the event that Company determines there is a need for Company to trim City trees or tree
roots in connection with normal or routine maintenance and repair of Company's facilities within the
street right of way, Company must obtain a City encroachment permit for such work. However, in the
event of an emergency, defined as the need to trim City trees or tree roots to prevent an electrical
outage, Company shall be allowed to trim City trees or tree roots and notify City of such emergency
after such work. Any removal, trimming or topping of vegetation, brush, tree or trees which may grow
in the street right of way and which, in the opinion of Company, may endanger or interfere with the
proper operation or maintenance of Company's facilities, shall be limited to the extent reasonable and
necessary to prevent any such interference or danger.
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
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 corpor 'on
•
By:/0
Michael J. Williams
Real Es s &Facilities Advisor
Land Management Southern Region
Vegetation& Land Management
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Californi
M or
City Clerk
INITIATED OVED:
Public Works Director
REVIEWED APPROVED:
• City Manager
APPROVED AS TO FORM:
City Attorney
-3-
• JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A •
Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity
of that document.
State of California
County of Lvt Ange k5 )
On 3)Z) 17-5- before me, 5 T 5 ca.rch , a Notary Public,
personally appeared f`1 i L Ni n-e 1 • 1/.1;11 4 a1w5 , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
- upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. JIMMY TISCARENO
< Notary Public•California
€ of- _^ Los Angeles County E•
Commission N 2495138
•� —FV-F6 My-Com-m,-Exp-ire-u 21,20—
28
Signature -
•
-4-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
- A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
- validity of that document.
State of California
County of d ( V\ )
On J C IC ZS before me, cl1 c 1 , a Notary Public,
person appeared f r , who proved to me on the
basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
-I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
riihmir JUAN ESQUIYEL
Notary Public•California
• s s,Zs�:_' Los Angeles County
Signature r`''qi+►` Commission#2461006
" My Comm,Expires Aug 26.2027
•
•
•
-5-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual
• who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
. On before me, , a Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
•
•
-6-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity
of that document.
State of California
County of
On before me, , a Notary Public,
personally appeared , who proved to me on the
• basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_ Signature
-7-
EXHIBIT Al
PARCEL# TITLE AREA APN
N/A JOINTAGREEMENT USE 3298 SF PORTION OF LANDAU LN. AND SAVOY CIR.
r 6' WIDE ELEC. ESM T.
\ I `�\�� I \ IN FAVOR OF S.C.E.C.
) ` I �`� REC. 04/72/1961,
Z. I3.00 `,3.00 I � `�\ `.\ PER 5689/103 O.R.
‘ \\ �I I ``\`` I �.
. ... DETAIL 'A'
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is c�� _ OL
• o IL8\\\ CURVE DATA : --�-\ j�`1�_
DELTA RADIUS LENGTH S' K� •�
(, C1 89°50'09" 12.50' 19.60' La s''°'.N•,.� 9- �, ,
.i IL6 TRACT r NO � 3 3E7) J \\
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r- iL4 I� �LS 1V1 „ M „ I42/49-5O \\
CD LINE DATA S�•S•O.
C i I� BEARING DISTANCE G�
N III L1 S67°58'34"W 48.68' r\ c0' S' 61, q_•
D n I L2 N89°31 '26"W 39.87' 9os ��' OFINC O
m •— 115'I�5 M L 3 S59°06;51 "W 1 5.37' , ��O �O NI'��'1IN
a L4 N37 10 55 E 12.50' 6 FP' 0 S°
y I 1 "? m L5 NOO°1 8'43"E 16.00' . ire 4 �0. h6 'A'
- m j I N o L6 N37° 1 0'55"W 12.50' ) \\ A �,a DETAIL EON
( p ) j o L7 N00°1 8'4 3"E 11 .67' Q SEE HER
Z I Z L8 N37°10'55"E 1 1 .44' 5
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i o c,i PARCEL 16
I w SAVOY CIRCLE o 0
o REL. 555
BOOK 4, PAGE 49 OF HIGHWAY MAPS
State Jurisdiction Line ( ) - INDICATES RECORD INFORMATION PER
' ' ' ' " Access Prohibited REL 553-555 PARCEL 16 BOOK 4,
--- Proposed JUA Easement PAGE 49 OF HIGHWAY MAPS
NOTES
The distances shown herein ore SERIAL 72/33A
grid distances. Ground distances JOINT USE AGREEMENT
may be obtained by dividing grid
distances by the combination I ...... immmmommimmi
factor of 0.99997837. FEET 0 25 50 100 200
PREPARED BY: DATE: 07-30-2020 REV.: EA: FAA:
PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
3 Hutton Centre Drive, Ste. 200
(714)751-7373/(7114)545-B8B3 (Fox) 12 ORANGE 405 /5.49 1 1
#0NTi..�cro CITY OF
( ' )
HUNTINGTON BEACH
9cFc �`vo/�� Lisa Lane Barnes I City Clerk
LINTY �
June 4, 2025
Orange County Transportation Authority
Attn: Joey Mendoza
550 South Main Street
Orange, CA 92863-1584
Dear Mr. Mendoza:
Enclosed is the partially executed original Right-Of-Way Contract, between OCTA and the City
of Huntington Beach, approved by City Council on May 20, 2025.
Upon final execution, please provide a copy to:
Donna.SwitzerCa�surfcity-hb.orq
Or:
City of Huntington Beach
City Clerk's Office
Attn: Donna Switzer, Senior Deputy City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648 •
Your attention to this matter is greatly appreciated.
1/4.41,,Att
Lisa Lane Barnes
Elected City Clerk
LLB:ds
Enclosure
Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov
,
l'Afir Air
WITING i., _ Right of Wa
....
••``'oRP ORAr'•*. .1.
Contractand
i � j ;i�
Jointse
__:-:-„_-•_-._.„-,.-1•-,_'•
- : ,- , Agreement444%40:
Av_ ,. -'-- . 1
-:-
-- ..o 1-405 Improvement Project
.• <,C;) AO
........•• . \,, ,N Jr 5/20/2025
61°UNT\1
C
285
Overview
• 1-405 Freeway improvements require the relocation of
Southern California Edison (SCE) facilities from SCE
property into City streets (Landau , Savoy, Heil)
• Facility relocation requires agreement between SCE
and the City
• Street right-of-way use and potential relocation of City
facilities justified compensation to the City, formalize . 1\\'\gN,
�pRPORgTF..•�
in a Right-of-Way Agreement with OCTA �''°=��=_ ° ...<5 \
g'�,
286
Terms
• SCE has located facilities underground within street
right of way to serve customers in the area
• OCTA agrees to compensate the City in the amount of
$ 104,860
• Agreements are the final step in both transactions
1„,\ATINGTN
1 •.••',\ oRP0RgrFs`.••"•'�
\V\IG•••': 11,190g 1'0. %
CO. et.
287
Recommended
Action
• Approve and authorize execution of the Joint Use
Agreement with Southern California Edison •
• Approve and authorize execution of the Right of Way
Contract with OCTA
�I O`�`�NC ATFa.•• V��\
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sue ;. �ii':.::� �
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