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HomeMy WebLinkAboutCC AG PKT 2006-05-22 #N i AGENDA REPORT DATE: May22,2006 TO: Honorable Mayor and City Council THRU: June Yotsuya, Assistant City Manager FROM: Mark Vukojevic, Director of Public Works/City Engineer Lee Whittenberg, Director of Development Services SUBffiCT: ADOPTION OF RESOLUTION APPROVING JOINT , USE AGREEMENT BETWEEN SOUTH.ERN CALIFORNIA EDISON AND CITY OF SEAL BEACH SUMMARY OF REQUEST: Adopt Resolution No. ~ A Resolution of the City Council of the City of Seal Beach Authorizing the Mayor to Execute a Joint Use Agreement with Southern. California Edison Company Regarding the Pacific Gateway Business Center Project. BACKGROUND: As part of the ongoing development of the Pacific Gateway Business Center project by Boeing Realty Corporation (BRC) and Overton Moore Properties (OMP) the relocation of many electrical service lines to accommodate the project are required. Southern California Edison Company (SCE) is requesting execution of a "Joint Use Agreement" (JUA) by the City for the relocation of several underground service lines into areas of what are now public rights-of-way granted to the City by the recordation of the land subdivision map for the Pacific Gateway Business Center development (Tract Map 16375, recorded in December 2005). The areas subject to the JUA are portions of Westminster Avenue within areas newly dedicated to the City for right turn lanes into the project, and within portions of the new stre~s of Apollo Court, Apollo Way and Saturn Way. The areas subject to the JUA are indicated on "Exhibit A" of the JUA. Please refer to Attachment 2 to review the requested JUA and map exhibit. The City Attorney has reviewed the JUA and approves the form of the document. Boeing Realty Corporation has provided the City a "Letter Regarding Clear Title" indicating the City does have clear title to the areas subject to the JUA and a copy is on me at the Department of Development Services. Agenda Item N \\DATAFILElU....IL_berg\My DooumentsIBoeingICFDISCE loint Use A1reem.....CC StaffRoport docILWIOS-IS-D6 Adoptioll of Reso/utioll Authorizillg &ecutioll of Joillt Use Agreeme1lt with Southern California Edisoll Compalf}' Regardlllg the Pacific Gateway Business Cellter Project City CoulIcil Staff Report May 22, 2006 In 1969 the City executed a similar JUA with SCE as part of the initial development by North American Rockwell for the now Boeing Integrated Defense Systems campus facilities. FISCAL IMPACT: Minimal. The City does have clear title to the areas subject to the JUA, and therefore the provisions regarding a defect in the City's title to the land areas subject to the JUA are not at issue. RECOMMENDATION: Adopt Resolution No. --' A Resolution of the City Council of the City of Seal Beach Authorizing the Mayor to Execute a Joint Use Agreement with Southern Califomia Edison Company Regarding the Pacific Gateway Business Center Project. NOTED AND APPROVED: ?#.(q Mark VukojeVlc Director of Public Works/City Engineer - ~tlFtpy.l eYots~a Assistant ity Manager e Whittenberg Director of Development Service Attachments: (2) Attachment 1 : Resolution No. . A Resolution of the City Council of the City of Seal Beach Authorizing the Mayor to Execute a Joint Use Agreement with Southern California Edison Company Regarding the Pacific Gateway Business Center Project Attachment 2: "Joint Use Agreement" between Southern California Edison Company and City of Seal Beach SCE !oint Use Agt=menLCC StalfReport 2 1 Adoption of Resolution Authorizing Execution of Joint Use Agreement with Southern California Edison Company Regarding the Pacific Gateway Business Center Project City Council Staff Report May 22. 2006 ATTACHMENT 1 RESOLUTION NO. , A RESOLUTION . OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE MAYOR TO EXECUTE A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY REGARDING THE PACIFIC GATEWAY BUSINESS CENTER PROJECT sce JOInt u,. Agroomont cc StaffRoport 3 . . Adoption of Resolution Authorizing Exacution if Jomt Use Agraement with Southern California Edison Company Regarding the Pacific Gateway Business Center Project City Council Staff Report May 22, 2006 RESOLUTION NO. A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE MAYOR TO EXECUTE A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY :REGARDING TIlE PACIFIC GATEWAY BUSINESS CENTER PROJECT WHEREAS, the City bas previously approved all required land use entitlements for the development of the Pacific Gateway Business Center project being constructed by Boeing Realty Corporation and Overton Moore Properties; and WHEREAS, in order to accommodate the provision of new underground electrical services to the Pacific Gateway Business Center it is necessary to relocate Southem California Edison Company rights-of-way within areas dedicated to the City of Seal Beach; and WHEREAS, Southern California Edison Company is requesting execution of a "Joint Use Agreement" by the City to allow for the relocation of electrical facilities from previous easement areas granted to Southem California Edison Company to new areas necessary to provide underground electrical services to the Pacific Gateway Business Center project; and WHEREAS, the City Attorney bas approved the form of the Joint Use Agreement and staff bas determined that execution of said document is not detrimental to the City of Seal Beach. NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOL VB, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. The Mayor is hereby directed to execute said "Joint Use Agreement" between Southem California Edison Company and the City of Seal Beach and the City Clerk is authorized to attest the signature of the Mayor. sca Joint Us. Agreemcnt.CC S1lllfReport 4 Adoption of Resolution Authorizing Execution of Joint Use Agreement with Southern California Edison Company Regarding the Pacific Gateway Bminass Center Project City Council Stqff Report May 22. 2006 2. Upon Execution by the Mayor, said document shall be returned to Southem California Edison Company, with copies being forwarded to Boeing Realty Corporation and Overton Moore Properties. PASSED, APPROVED AND ADOP1ED by the City Council of the City of Seal Beach this day of , 2006. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Resolution was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members City Clerk SCllloint Use Agretmont.CC StBffRoport s 1 Adoption of Resolution Authorizing Execution of Joint Use Agreement with Southern California Edison Company Regarding the Pacific Gateway Business Center Project City Council Stqff Report May 22, 2006 ATTACHMENT 2 "JOINT USE AGREEMENT" BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND CITY OF SEAL BEACH SCE Joint Us. Agroomoot CC SIB1fRcport 6 .. ' i RECOROING REQUESTEO BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 14799 CHESTNUT STREET WESTMINSTER, CA. 92683-5240 ATTN: TITLE & REAL ESTATE SERVICES SPACE ASOVE THIS LINE FOR RECORDER'S USE RP File No. REL05118413 Affects SCE Doc: 267823, 277990 SERIAL NO. 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 SEAL BEACH, a municipal corporation of the State of California, hereinafter ca11ed "City", W!IHE.s..s.EIH: THAT WHEREAS Company is the owner in poBBession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights: Grant of Easement from North American Rockwell Corporation, recorded December 22, 1967, as Instrument No. 15937, in Book 8474, Page 475, official Records in the Office of the County Reorder of Orange County and Grant of Easement from North American Aviation Inc., a corporation recorded December 13, 1966 as Instrument No. 6853, in Book 8126, Page 464 of said Official Records. hereinafter referred to as "Company's Easement"; and WHEREAS, Boeing Realty Corporation and OMP Seal Beach LLC, with City approval, are constructing certain improvements known as ~c Gateway Business Center. Certain improvements being constructed by Boeing Realty Corporation as part of this development are within certain easements dedicated for highway purposes to the City of Seal Beach (Boeing Improvements) at or near Westminster Boulevard, Saturn Way, Apollo Drive and Apollo Court; and WHEREAS, in connection with the Boeing Improvements, Boeing dedicated to the City certain easements for highway as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof (the "City Right of Way Area"); and WHEREAS,as a result of the Boeing Improvements, Company's Electrical Facilities (as defined below) located within the Company's Easement must be relocated to the City Right of Way Area; Joint Use Agreement Between S. C. E., a corp. and City of Seal Beach Serial No. R. P. File No.: REL05118413 Affects SCE Document: 267823, 277990 WHEREAS, the parties hereto desire to set forth each of their respective rights and obligations with respect to the relocation of electrical facilities from the Company Easement to the City's Right of Way Area. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows: The Company's facilities, including but not limited to, utility poles, wires, cables, underground condui~s, cables, vaults, manholes, handholes, and including above-ground enclosures, markers 'and concrete pads and other appurtenances set forth in the Company's Easement (the Electrical Facilities), insofar as they now lie in their current location, shall be relocated to a strip of land within the City's Highway Right of Way (the New Location", and shown and designated on said "Exhibit A". Company agrees to rearrange, relocate and reconstruct within said New Location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the New Location within said highway right of way, upon and subject to the terms and conditions herein contained. Company has and reserves the right to use, in common with the public's use of said street or highway, said New Location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City, except for those generally required to work within street rights of ways under the franchise agreement between the Company and City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said New Location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public. In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said New Location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessllIy to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements. City agrees to indemnitY, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said New Location or any subsequent location -2- Joint Use Agreement Between S. C. E., a corp. and City of Seal Beach Serial No. R. P. File No.: REL05118413 Affects SCE Document: 267823, 277990 within said highway right of way, or in the title to any easement provided by City over private property, 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. Except as expressly set forth herein, this agreement shall not in any way alter, modifY or terminate any provision of Company's easement. Both City and Company shall use said New Location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said New Location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such rlATn"ge, at City's expense. Company shall have the right to remove, trim or top any vegetation, brush, tree or trees, right to trim or cut tree roots which may grow in said New Location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger. This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By ~artin L. Mauch Sr. Right of Way Agent Real Estate Operations Division Corporate Real Estate Department -3- Joint Use Agreement Between S. C. E., a corp. and City of Seal Beach Serial No. R. P. File No.: REL05118413 Affects SCE Document: 267823, 277990 -4- CITY OF SEAL BEACH a municipal corporation of the State of California By: Name: Title: Attest: Name: Title: Joint Use Agreement Between S. C. E., a corp. and City of Seal Beach Serial No. R. P. File No.: REL05118413 Affects SCE Document: 267823, 277990 STATE OF CALIFORNIA COUNTY OF ) ) ss. l On , before me, . a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he/_hel executed the same in (his/hel'l authorized capacity and that by (his/hel'l signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and oflicial seal. Signature STATE OF CALIFORNIA COUNTY OF ) ) ss. l On . before me, . a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and oftlcial seal. Signature -5- ; WESTMINSTER AVENUE 10' MAX 10' t..4AX 10' MAX "lb 0.(" 'V ~":J ,,0 ~'\. ,,0 " 0.(" 'V w > ii': c o ...J ...J o D.. < 27' TO ell APOLLO COURT ,,'\. ,,":J III -. 0.(" 0.(" g 0.(" 'V 'V 'V ~... ~ ,,1:1 '" cS- 'V !\~ ,,<0>. .p ~~~ ~~'b ~ ~ cr NOT TO SCALE 50' ~'b ,,0 ~'?l ,,0 ~~ ,,0 SAT R b - ~.... ,,0 ~lb ,,0 I , ~ ii ~f ,S' ~ ct 4f I' ! ! ! . i '" i APPROX. EASEMENT AREA IS 23,400 S.F. JUA EXHIBIT 1 OF 1 SCE & THE CITY OF SEAL BEACH REV. 04/21106 ",-:!NO TAIT & ASSOCIATES INC. EngIneering. Surveying. Environmental 701 PARKCENTER DRIVE, SANTA ANA. CALIFORNIA 92705 TEL (714) 560-8200 "