HomeMy WebLinkAbout6/15/2011 - STAFF REPORTS - 2.H. °,P A L M sA'A
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�`'F°R , City Council Staff Report
Date: June 15, 2011 CONSENT CALENDAR
Subject: APPROVAL OF A JOINT USE AGREEMENT WITH SOUTHERN
CALIFORNIA GAS COMPANY
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City and Riverside County are coordinating construction of the Gene Autry Trail/1-
10 Interchange Project. Approval of a Joint Use Agreement with Southern California
Gas Company is required to facilitate relocation of an existing gas main as part of the
project.
RECOMMENDATION:
1) Approve Agreement No. a Joint Use Agreement between the Southern
California Gas Company and the City of Palm Springs, subject to final review and
approval by the City Attorney; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Construction of the Gene Autry Trail/1-10 Interchange Project has been underway since
last summer. As part of the project, an existing 36" gas main that extends under Gene
Autry Trail must be relocated. The gas main extends across the right-of-way of Gene
Autry Trail through easements previously acquired by the Gas Company. The relocated
alignment of this gas main extends into new rights-of-way acquired for the project,
however, the Gas Company's prior rights require the City to enter into a Joint Use
Agreement to ensure their prior rights are maintained where the relocated gas line
extends under the City's new rights-of-way.
A draft Joint Use Agreement has been prepared and is being reviewed by the City
Attorney's office. It is recommended that the City Council approve the Agreement,
subject to final review and approval by the City Attorney.
ITB " NO. � r
City Council Staff Report
June 15, 2011 - Page 2
Joint Use Agreement with So Cal Gas Co
FISCAL IMPACT:
None.
SUBMI I I ED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
David H. Read anager
Attachments:
1. Agreement
Recording Requested by and
w hen recorded snail to:
Southern California Gas Company City of Palm Springs
555 W. 5th St.. ML GT 26C2 Public Works Department
Los Angeles, CA 90013-1011 3200 E Tahquitz Canyon Way
Ann.: Land d;Right of Way Palm Springs. CA 92262
Atlas#: Docl'NiENT M TRa\sFER T x\S
APN: N/A Computed on full N alue of property conveyed
Computed on full value less liens and encumbrances
remaining at time of sale
R.W. Number Southern California Gas Company
JOINT USE AGREEMENT
THIS AGREEMENT, entered into this day of 2011. by and between
SOUTHERN CALIFORNIA GAS COMPANY, a California corporation hereinafter called "Owner", and the CITY
OF PALM SPRINGS, hereinafter called"City".
WITNESSETH
Whereas, Owner is in possession of certain easements,hereinafter referred to as-0-wrier's easement", and
described as follow s:
Bureau of Land Management Easement, Serial Number R-1091. dated June 27, 1969
Easement dated November 9. 1990,instrument number 453379
all hereinafter referred to as"Owner's easement",and/or the"Old Location.".to which owner enjoys
superior rights except where said easement cross City rights ofw•ay acquired prior to owner's easements:and
VVhereas City owns rights of w'ay on Gene Autry Trail, and the old alignment of Micro Place and Salvia
Road, acquired on April 13. 1966 per right of way document R 143, instrument no. 38814,to which City enjoys
superior property rights: and
WHEREAS, City has entered into a cooperative agreement with the County of Riverside,hereinafter
"County",for the construction of improvements to the Interstate 10 and Gene Autry Trail interchange,hereinafter
referred to as-`City and County Project which agreement provides for the acquisition by Count} of certain rights
of way on Micro Place and Salvia Road as required for the City and County Project, which rights of way have been
acquired in the name of the City, and to which ow-ner enjoys superior property rights, as shown on the print
attached hereto, marked Exhibit A and hereby made a part hereof, and
V4•HEREAS, County and Owner are parties to that certain Utility Agreements numbered 21204 and 21434
each dated June 30, 2009, hereinafter the"Utility Agreements,"pursuant to which Owner will relocate Owner's
facilities to accommodate the City and County Project at County's cost within right of Nvay where City enjoys
superior property rights and at County's cost w-here Owmer enjoys superior property rights, and
WIIEREAS, Owner's facilities on said public right of way as acquired for City and County Project will
interfere with or obstruct the construction,reconstruction, maintenance or use of said public right of way. and City
desires to eliminate such interference or obstruction.
:,
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NOW. THEREFORE, Owner and City,herby mutually agree as follows:
1. The location of Owner's natural gas line so far as it now lies within said public right of way.to
which Owner enjoys superior property rights, shall be,and it hereby is changed to,the strip of land
within said public right of may hereinafter referred to as"New•Location". described on EXHIBIT
A attached hereto and incorporated herein and depicted on EXHIBIT B attached hereto and
incorporated herein.
?. Owner w ill rearrange, relocate or reconstruct within said New Location any of its facilities now
installed pursuant to Owner's easement within said public right of-,N ay and Owner does hereby
surrender and relinquish to the City all of Owner's right,title and interest under and by virtue of
Owner's easement in the old location within said public right of way and not included in said New
Location(the"Abandoned Easement")which is more particularly described and depicted in
Exhibits C and D, attached hereto and hereby made a part hereof. Ow ner hereby consents to the
construction. reconstruction. maintenance of use by City of a public street ox er, along and upon
Owner's easement both in the old location and in the New Location within said public right of-,Nay
upon and subject to the terms and conditions herein contained and provided that Owner's use is not
adversely impacted.
3. The City hereby grants to Owner a non-exclusix a easement in the New Location. compatible w ith
and in common with the City's and the public's use of the New Location for the Project.for the
excavation. construction, patrol, installation. operation, maintenance, repair,replacement and
remoN,al of Owner's facilities, including pipelines, appurtenances,and meters for the transportation
of gas and other substances("Utility Facilities"), and the excavation, construction. patrol.
installation. operation, maintenance repair and replacement of additional Utility Facilities in the
future,without need for any further permit or permission from City. Owner. its agents and
employees, as well as persons working with Owner under contract, shall at all times have the right
of ingress and egress to and from the New Location for the aforesaid purposes,but Ow ner Nt ill in
connection therewith use such roads as are now or may hereafter be on the New Location,
whenever same can be reasonably be done. Except in such emergencies, Owner shall give
reasonable notice to City before performing any work or installing any new-Utility Facilities in the
New Location, where such work will be performed in,on or over the traveled way or improved
shoulders of roadways or where such work will obstruct traffic. In all cases, Owner shall make
adequate provisions for the protection of the traveling public and comply w ith all applicable
General Orders and other regulations of the California Public Utilities Commission.
4. In the event that the future use of said public right of way shall at any time or times necessitate a
rearrangement, relocation,reconstruction or removal of any of Utility facilities then existing in said
Nev, Location the City shall notify Owner in writing of such necessity and agree to reimburse
Owner on demand for its costs incurred in comply ing with such notice. Ow ner w ill prox-ide City
w ith plans of its proposed rearrangement and an estimate of the cost thereof and. upon approN al of
such plans by City. Owner w ill promptly proceed to effect such rearrangement,relocation.
reconstruction or removal. Owner shall make adequate pro,,isions for the protection of tile
traveling public. No further permit or permission from City for such rearrangement shall be
required and City w ill (1)enter into a Joint Use Agreement covering the New Location of Utility
Facilities with highway right of way, or(2)proN ide executed documents(s) granting to Owner a
good and sufficient easement outside of the highway right of way if necessary to replace Owner's
easement or any part thereof, and(3)reimburse Owner for any costs which it mar be required to
expend to acquire such replacement easement, provided it is mutually agreed in writing that Ow ner
shall acquire such easement.
5. City and Owner shall use the New Location in such a manner as to not to interfere unreasonably .
with the rights of the other. Nothing herein contained shall be construed as a release or wai,.-er of
any claim for compensation or damages which Owner or City may now have or may hereafter
acquire resulting from the construction of additional facilities or the alteration of existing facilities
F
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by either Citr or O«ner in such a manner as to cause an unreasonable interference NNith the use of
said NcxN Location by the other party.
6. Phis Agreement shall not apply to the Gene Autry Trail right of NNay to«hich City has superior
propert}•rights, and vvhich O-vNner's pipeline will cross in its ne« location.
7. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in duplicate b} the
respective officials thereunto du1N authorized.
RECOMMENDED FOR APPROVAL: OWNER: SOUTHERN CALIFORNIA GAS COMPANY
CitN Attorne} Andre�N I. Thompson
Cith of Palm Springs Land&Right of Wa} Supervisor
CITY OF PALM SPRINGS
BN
ALL-PURPOSE ACKNOWLEDGMENT
CITY OF CALIFORNIA
ss
COUNTY OF }
On , 2011 before me, a Notary Public,
personally appeared «ho 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(ties), 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 Cite of California that the
foregoing paragraph is true and correct.
VVITNESS my hand and official seal.
(Seal)
Signature
Commission#:
Commission Expiration:
1 -
l'o �Q- /-------
1 90
4-
\ EXISTING GAS CO.
\ R/W 29,402 __
PER INS /
1990-45JJ79 O.R.
TIE IN
#1 3.05m
/ �10')
PROPOSED 36" G4S PELOCA T/ON
/7.62m `�-
(25.0')
/EXISTING GAS CO. IN
RIGHT OF WAY12,718 -
REV. 4-2-1969
EXISTING 36" GAS LINE
SHOWN PER POTHOLE
DATA PROVIDED BY RIV. CO. �_ \
7.62m
(25.0')
/ TIE IN #2
�r 15.24m \ \
N / (50.0') \ \\
SOUTHERN CALIFORNIA GAS COMPANY \
LINE 2051 RELOCATION JOINT USER \
JOINT USER AGREEMENT EXHIBIT AGREEMENT AREA \\
NO SCALE 7