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HomeMy WebLinkAbout2006-05-17 STAFF REPORTS 2G of P AAM spy �2 V N ** CORIOq 1f0''` Y oq<,FaR`'" CITY COUNCIL STAFF REPORT MAY 17, 2006 CONSENT CALENDAR Subject: APPROVAL OF A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, ASSOCIATED WITH UTILITY UNDERGROUNDING ON SUNRISE WAY AT VISTA CHINO From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY On August 11, 2004, the Planning Commission approved Case No. 5.1007 — CUP, for construction of a new, free standing Walgreen's pharmacy at the northeast corner of Sunrise Way and Vista Chino. Included with the conditions of approval is the requirement to underground the existing overhead utilities along Sunrise Way and Vista Chino. The developer, Evergreen DevCo has coordinated with Southern California Edison Company (SCE) to schedule the utility undergrounding; SCE has determined it has prior rights, and requires that the City enter into a Joint Use Agreement to facilitate the conversion of overhead utility easements into underground utility easements within the City's right-of-way. RECOMMENDATION: 1) Adopt Minute Order No. "APPROVING AGREEMENT NO. WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, ESTABLISHING RIGHTS AND RESPONSIBILITIES FOR UTILITY UNDERGROUNDING WITHIN SUNRISE WAY, FROM VISTA CHINO TO VIA NEGOCIO, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: A Walgreen's pharmacy was approved and is currently under construction at the northeast corner of Sunrise Way and Vista Chino. Included with the approval of the Walgreen's pharmacy is the undergrounding of existing overhead utilities along Sunrise Way and Vista Chino. In coordinating the future utility undergrounding, SCE determined I I i Item No. . City Council Staff Report May 17, 2006 - Page 2 SCE Joint Use Agreement that easements for the existing power poles and overhead utility lines pre-date the dedication of public rights-of-way for Sunrise Way and Vista Chino. In this case, as SCE has "prior rights", on occasions where local agencies require utility undergrounding, SCE enters into a Joint Use Agreement with the local agency in which the rights and responsibilities of SCE and the local agency are established. The SCE Joint Use Agreement acknowledges the prior rights of SCE, and the conversion of its overhead utility easements into an easement for underground utilities within Sunrise Way. The Joint Use Agreement outlines responsibilities for future relocation of the underground utilities, and requires that the City fund the relocation of the underground utilities if, for any reason, a City project necessitates relocation of the newly installed underground utilities. The City's rights to continue using the public right- olf-way for Sunrise Way are in no way reduced by the Joint Use Agreement. The City Attorney has reviewed the Joint Use Agreement, and concurs that the SCE Joint Use Agreement is an appropriate legal method to preserve the existing level of property rights enjoyed by the public utility at the time of the utility undergrounding relocation. FISCAL IMPACT: IFinance Director Review: q° 9 C` -- There is no cost associated with the Joint Use Agreement. All utility undergrounding expenses are a responsibility of Evergreen DevCo, the builder of the Walgreen's pharmacy. Potential future costs associated with the Joint Use Agreement would relate to any relocation of the underground utilities, if found to be in conflict with any City project at Sunrise Way and Vista Chino, which is not anticipated nor expected. Lu - David J. Barakian Thomas J. Ison Director of Public Works/City Engineer Assistant Ci y Manager David H. Ready City Manager ATTACHMENTS: 1. Agreement 2.. Minute Order RECORDING REQUESTED 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 ABOVE THIS LINE FOR RECORDER'S USE RP File No. REL05128333 Serial No. 66269A Job Order: 2072 JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this eday of Aowedll 2W6, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, successor in interest to both The Nevada California Electric Corporation and California Electric Power Company, hereinafter called "Company", and the CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter called "City', WITNESSETH: THAT 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: Those certain Grant of Grant of Easements described as follows: SCE Grantor Grantee Recording Date Recording Information Document No. 233664 John Me Cormick The Nevada July 61 1938 Book 381 Page 343 and Kathleen M. California Electric Instrument No. 333 Hargrave Corporation Official Records Riverside County 246166 Associated Mutuals California Electric August 2, 1951 Book 1291 Page 573 Power Company Instrument No. 32777 Official Records Riverside Count 246824 Walnut Estates Inc. California Electric May 15, 1959 Book 2472 Page 528 Power Company Instrument No. 42223 Official Rccords Riverside County 254701 Walnut Estates Inc. California Electric February 23, Book 1697 Page 297 Power Company 1955 Instrument No. 11956 Official Records Riverside County 266844 Bernard Berlin and Southern California February 21, Instrument No. 14791 Walter Maier Edison Company 1967 Official Records Riverside County hereinafter referred to as "Company's Easement"; and Joint Use Agreement S.C.E. Co., a corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 & 266844 WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Sunrise Way and Vista Chino in said City, County of Riverside, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows: The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "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. City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement 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 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 necessary 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. -2- Joint Use Agreement S.C.E. Co., a corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 & 266844 City agrees to indemnify, 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 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 damage, at City's expense. Company shall have the right to remove, trim or top any vegetation, brush, tree or trees 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 James Lee G Right of Way Agent Real Estate Operations Division Corporate Real Estate Department -3- Joint Use Agreement S.C.E. Co., a Corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 & 266844 CITY OF PALM SPRINGS, a municipal corporation of the State of California By: Name: Title: Attest: Name: Title: STATE OF CALIFORNIA ) �" „ ss. ..�ri j i COUNTY OF /ih AAjVd -O rn�1 Q4 r,6i g Z�U� before me, p�(1ya ( SG 1tlY;U personally appeared . 6un,P C l..P e , personally known to me (o --the -basis of-satis€ae-try—cv4de-4-ice) to be the person whose name is subscribed to the within instrument and acknowledged to me tha (h'/che) executed the same inher) authorized capacity and that by (6Q/her) 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. IAURA L.SOLORIO Commhalon 1445297 Signature ��� j V Nat1'Fubpc-CaAlomia Orange County MVGomm.BPW 00113,2m STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, 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 official seal. Signature -4- A PORTION OF DESERT PARK ESTATES NO. I TRACT, M.B. 28 PG, 36 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA C/L DESERT PARK AVE. 1 90 89 i JI 1.01, C t —+ 2.48' 1 j 91 92 1 a+I C/L VIA NEGOCIO 124 N 10.D0' ro � n 50.00' - ' 40.00' U I 35.00' - I 3.00, 6.00' 105 104. 103 1 � PROPOSE RAW U M� rA 102 126.50' 101 H i� EXIST. o`r PROPERTY d o 0 2 LINE ca U if 12 200.32' WS R,4E o NOTE: EXIHBIT :1 ONLY FOR EAST SIDE OF SUNRISE FAY, NORTH OF WTA CHWO. VISTA CHINO (HFY. 111) IS UNDER THE JURISDICTION OF CALIFOR'NM DEPARTMENT OF MWPORTA27ON (CALTRANS). ® AREA DV JOINT USE AGREEMENT BETWEEN SOUTHERN CALIFORNIA —RDISON 0 T00 200 AND THE CITY OF PALM SPRINGS Area=5007 SgFt = 0.1149 Acre SCALE IN FEET EXHIBIT 'A " PROJECT NAME: DEVERS—PALM SPRING D.O.F.O. CABLE NO. 2 (JOINT USE AGREEMENT) M.S. 47-117 MAP & F.B. REF: 10545/1 1-1 3 CITY: PALM SPRINGS DRAWN BY: NMEDINA ISURVEYED BY: D. MORSE COUNTY:RIVERSIDE S01"" p c�"1Opfp" DATE: 10--5--05 LAND INFO.: L. SALINAS SER.:66269A J.O.:2072 LES:6557 �®,uJ®1�7� CHECKED BY: L. KELLEY File Name: M:\ARCHIVE\DRAWING\ LE6557 .DWG I III ATTACHMENT MINUTE ORDER i I j MINUTE ORDER NO. APPROVING AGREEMENT NO. WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, ESTABLISHING RIGHTS AND RESPONSIBILITIES FOR UTILITY UNDERGROUNDING WITHIN SUNRISE WAY, FROM VISTA CHINO TO VIA NEGOCIO, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order Approving Agreement No. with Southern California Edison Company, a Corporation, establishing rights and responsibilities for utility undergrounding within Sunrise Way, from Vista Chino to Via Negocio, In Section 1, Township 4 South, Range 4 East, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of May, 2006. James Thompson, City Clerk I I Page 1 of 1 Marcus (Fuller I From: Douglas C. Holland [dch@wss-law.com] Sent: Tuesday, March 28, 2006 2:01 PM ; To: marcusf@ci.palm-springs.ca.us Subject: SCE Joint Use Agreement I Good afternoon, Marcus: This will confirm our telephone discussion this afternoon. The proposed 'joint use agreement" between the City and SCE is appropriate under the circumstances. The affected SCE facilities are currently located in easements for electrical facilities apparently dedicated to SCE. SCE will relocate these facilities to the public rights of way of the city and abandon its easements. Although SCE has the right to locate in the City's rights of way pursuant to its franchise with the City, SCE has insisted that the City recognize its "prior rights" and provide SCE with general rights comparable to what it had before the relocation. The usual and customary practice in the state is accept this approach and preserve the existing level of property rights enjoyed by the public utility at the time of relocation. Doug Holland Woodruff, Spradlin & Smart COA41v1UN17 Y LAWYL 1?S.SPVCCAL/G/VG IN LOCAL GOVE-ZYNNIEWLAW 714.564.2642 CONFIDENTIALITY NOTICE — This e-mail transmission, and any documents, files, or previous e-mail messages attached to it contain information that is confidential or legally privileged. Recipients should not file copies of this e-mail with publicly accessible written or electronic records. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not react this transmission and that any disclosure, copying, printing, distribution, or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (714) 564-2642 or return this e-mail and delete the original transmission and its attachments without reading or saving in any manner.Thank you. 5/8/2006