HomeMy WebLinkAboutI-3 - Proposed Tempoary Power Line Easement Over City PropertyTO: CITY COUNCIL
FROM: City Manager
January 25, 1971
SUBJECT: PROPOSED TEMPORARY POWER LINE EASEMENT OVER CITY PROPERTY
(Future 19th Street along southerly side of former city dump site)
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the documents,
subject to the condition -that when the power line is relocated
to a permanent location, ihe, location be approved by the city.
DISCUSSION:
Attached are a proposed grant of easement, sketch, and accompanying
letter from the Southern California Edison Company. The company desires to
construct a 66 KV transmission lien along future 19th Street west of Whittier
Avenue.
The southerly half of 19th Street has been constructed across approx-
imately half the frontage of the former city dump site. There is no easement
westerly from the end of the improved street to the westerly side of the city
property. The Master Plan of Streets and Highways shows 19th Street extended
westerly.
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The proposed temporary easement provides that when and if 19th Street
is dedicated and improved, the Edison Company will relocate its facilities at
its own expense within the franchise area, and that the company will quitclaim all
rights acquired under the subject temporary easement.
In•the accompanying letter, Mr. J. B. Lawson, Jr., Division Superintendent
of the Southern California Edison Company, agrees on behalf of the company to relocate
the facility within the most southerly 10 feet of 19th Street.
Harvey L. Hurlburt
City Manager
HLH /KL•P;ldg
Atts.
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February 4, 1971
Mr. Bill Compton
®o. California Ediaon Company
Enclosed is the original Temporary Easement for power line_.._.
purposes along the future 19th Street. Said easement was
authorized by the City Council on January 25, 1971 by the
adoption of Resolution No. 7367.
Please have said easement recorded in the County Recorder's
office, transmit to the appropriate So. California Edison
Company for filing, and let my office know the Book and
Page number of the Official Recording.
Laura Lagos
City Clerk
LL
Delivered to Mr. Compton in City Hall on February 4, 1971.
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RIM S24 ROEV, 6.70.
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
ABOVE THIS LINE FOR RECORDER'S
DOCUMENTARY TRANSFER TAX$
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SOUTHERN CALIFORNIA EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING. TAX. FIRM NAME
TEMPORARY EASEMENT Lo -dation: City Of Newport
Beach
THE GRANTOR, CITY OF NEWPORT BEAC , a municipal corporation,
does hereby GRAN' to SOUTHERN CALIFORNIA E ISON COMPANY, a corporation,
its successors an assigns, a temporary a Bement to construct, use,
maintain, alter, dd to, repair, replace inspect and /or remove, in,
on and over the re l property hereinaft described, situated in the
County of Orange, tate of California, lectric lines, consisting of
two (2) wood and /or metal poles, neces ary guys and anchors, cross -
arms, wires and othe fixtures and ap liances, for conveying electric
energy to be used fo light, heat, p er, telephone and /or other
purposes.
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Said real property is described as follows:
A strip of la d, 10 fee wide, lying within that
portion of Lot A o the Ban ing Tract as shown on a
Map Of said Tr:Mar ct f led
and others vs. y Case No. 6385 pon t e
Superior Court of th S
the County of Los Ang 1
Final Order of Conde a
the State of Californi
Orange, Case No. 59481
recorded on January 27,
of Official Records, in
Recorder of said.Orangg
said strip of land beiih
Beginning at a
that certain parcel
page 80, of Official
said point being in
five (5) feet Northe
from the Southerly 1
North 891 23' 38" Ea
a point hereinafter
South 60° 29' 59" E
less, to a point in
Southerly line of 1
as said street is s
as per map recorde
the office of the c
in he Case Of Hancock Banning
Ban ing for partition and being
Re ster of Actions in the
to e of California, in and for
es, described in that certain
t`on in the Superior Court of
,fin and for the County of
a certified copy of which was
1953, in Book 2443, page 80,
the office of the County
ounty, the center line of
g described as follows:
> int in the Westerly line of
1 la d described in Book 2443,
ecor s of said Orange County,
line that is parallel with and
fly mea ured at right angles
.ne of aid certain parcel; thence
;t a dis ance of 473.37 feet to
eferred to as Point "A "; thence
;t, a dis ance of 85 feet, more or
:he Weste ly prolongation of the
:h Street, \,sixty (60) feet wide
Iwn on the map of Tract No. 1712
.n Book 50, ;page 32 of Maps, in
Lnty Recorder of said Orancle Countv.
The side line of said strip'of land ten (10) feet
wide, shall be pro onged or shortened so as to inter
sect the Westerly and Southerly lines of that certain
parcel of land described in that certain instrument
recorded in Book 2443, page 80 of Official Records, in
the office of the County Recorder of said Orange County.
-1-
Temporary Easement
City of Newport Beach, a municipal corp., to
S.C.E.Co., a corp.
Serial No. 43174A
The Grantee
and dedicated for pub
facilities at its own
understood and agreed
the Grantee will then
of Easement.
agrees that if and when 19th Street is improved
Lic use the Grantee will then relocate said
expense within the franchise area, it being
that if and when the relocation has been completed
quitclaim all rights acquired under this Grant
Said Grantor, the City of Newport Beach, a municipal corpora-
tion, also grants to the Grantee, its successors and assigns, the
right to construct, reconstruct, use, maintain, add to, repair, re-
place and /or remove guy wires, and anchors, together with the nec-
essary appurtenances connected therewith, in, on, over and across a
strip of land, four (4) feet in width, described and designated as
STRIP 1, the center line of said strip of land being described as
follows:
STRIP 1•
Beginning at the hereinabove referred to Point "A ";
thence North 190 00' 34" East, 40.00 feet.
Grantor hereby also grants to Grantee, its successors and
assigns, and its and their contractors, agents and employees, the
right of free access to said electric,lines and every part thereof,
at all times, for the purpose of exercising the rights herein granted,
and the right to clear and to keep clear the above described real
property, free from explosives, buildings, equipment, brush, com-
bustible material and any and all other obstructions of any kind, and
the right to trim or remove any tree or shrub which, in the opinion
of Grantee, may endanger said electric lines, or any part thereof,
or interfere with the exercise of the rights herein granted.
IN WITNESS WHEREOF, said City of Newport Beach has caused
this instrument to be duly executed this day of ,
19
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
STATE OF CALIFORNIA j
ss.
COUNTY OF )
On this day of ' 19 , before me,
a Notary Public in and for said state, personally appear
known to me to be the Mayors
and , known to me to be the
City Clerk of the City of Newport Beach, the municipal corporation
that executed the within instrument, and acknowledged to me that they
executed the same on behalf of such municipal corporation.
WITNESS my hand and official seal.
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Southern California Edison Company
Southern Transmission Division
1414 West 16th Street
Long Beach, California 90813_
December 30, 1970
Mr. H. L. Hurlburt
City Manager - Newport Beach
3300 W. Newport Boulevard
Newport Beach, California
Dear Mr. Hurlburt:
This is to confirm your discussions with Mr. J. R. Sheldon
regarding the proposed Transmission easement beyond the
dedicated portion of 19th Street, west of Whittier Avenue.
Upon the dedication, the Transmission Division agrees to
relocate our facilities from the temporary easement to the most
southerly ten -feet of 19th Street.
Sincerely,
JBL: cf
J. J
Divis ion Superintendent
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RZOWAMICI9 XD.
is RTisoudTY ov s- 'in. ciTY CAL at TRa CYTY
1' MPORARY GRANT U EJ%SLWMT FOR FOMi R 'LIfi
PWWZS TO M aCyVMs'YE9T CALIFORM EDISM
PANY ALOW FCC 19TS STIUXT
X11 > ZA9, the Southern. California isdi xon Company dusire.,
to etruct a per lies along, iuture 19th 3treet west of
white: _r Avenue, . - -md has rc *say.; - caei a temporary grant of eaa4ment
frsns the City to accommodate •aid power .rose and
'r?3aArAS, it hz ii been determ in � that it i s in the b = c
interacts of the City rind the public to ,rant said tompawary
eaar3,41ft�rt, subject to certain = -: vptiona whic h provide for
termination of said easement and relocation, at no expert -,aa to
the City, of the facilities thereon, upon the future;, :iadicakio
and irrsl+rovement of 1,9t`a �-,treett
NOWd Win, ER IT R4SOLVLD by the City Cou-- aAci,, of
the City of Newport Beach that the Mayor and City Clerk -:
herabi authorised to execute a twsporaxy grant of easement to
the Southern Califox-nia t discn Company for power line
subject to said exceptions, acxo s the following r €-al propestly
legally described as follows.
A !strip of send, 10 fee: wide, lying within tt;at ;action
of Lot A of the Banning Tract, as sham on a map of �4,z id
tract filed in th.a cage of Hancock Sari -sing and othexa vU.
Mary M. Banning for partition and being Case No 6385 upon
the Ragiater of Actions in than Superior Court of than 5tote
of California, in and for the County of Loos Angeles,
described in that certain Pi na.t Order of Condeu^anation it
the Superior Court of the State of California, in +aged for
tho County of Orange, C--so ao. 59461, a cartifift4i c0p.,, of
which was recorded on January 27, 1953, in :Book 2443, page 91,
of Official Records, in the officae of *.ho County Rase rtMw.
of .'said County of Orange. The center line of laid iR_f'4ot_
,aid+ strip of 1.-:z d is described as fol2owsr
Beginning at the inter,-on of t; r westerly 14nt,a es
said certain parcel of land de5cribed on a: id page
a lint that is par,-allsT2 with and - Ustant noct"es4r'.y 5"iv:2 `5j
at fight *Aqlc-; the soutbe-rLy line Of
FzAd cert =in pircely tbAmcp iiovth e '23'3$" kaot distaxw*
0' 473.37 feet along *"d p,-Iralleb line to � Point
described as Pokaz. "A*j -theace South 60.39'59 ", !��aet to
t12e iioutherly lin.- of s�A;5 parcel descril,�d, on 3aid p&q� 60.
Tho side lines of maid 10-foot-tvide strip of
shall be prolonged or shortened so as to intersect t'" >e
'�MA*erly i aauth-ir4 limas . of -,;aid parcel of lar,6
(= acwiboia L, 2443, pig• !tn of said Officir>1 TR-�-cords.
L"Luning at hereirl-above rt- fl:rvad! to Point "Apt
thmWe forth 1910n'34" East, 40.00 tXCEPT THA5
PORTIOU thereof 41 -4cribed in Strip I above.,.
Be IT MTP�� 'R RLSOLVED the City Clerk: is heraby
directed -10 cause t7he recordation of -viid t-amporary tgrant a:F
�aaewnt i1i the Office of the county necorder of (:>;= sage County.
AWPTED thin 2= day of ijanuary. 1271.
sayor
ATTEM't
City Clerk
2/1/71
t
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA)
) SS
County of Orange )
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of eighteen years and
not a party to the within entitled action; my business address
is: 3300 Newport Boulevard, Newport Beach, California.
On December 11, 1970, I mailed the within ,notice of
Intent to Dispose of Surplus Unimproved Land to each of the
following agencies, by placing executed copies thereof in sealed
envelopes with postage thereon fully prepaid, in the United
States mail at Newport Beach, California, addressed as follows:
Recreation and Parks Department
City of Huntington Beach
1706 Orange Avenue
Huntington Beach, California
Harbors, Beaches and Parks Department
County of Orange
1901 Bayside Drive
Newport Beach, California
State of California
Resources Agency
1416 Ninth Street, Room 1311
Sacramento, California 95514
I certify under penalty of perjury that the foregoing
is true and correct.
Executed on December 11, 1970, at Newport Beach,
California.
Magar t L. Harper
j
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
NOTICE OF INTENT
TO DISPOSE OF
SURPLUS UNIMPROVED LAND
December 7, 1970
To: Recreation and Parks Department
City of Huntington Beach
1706 Orange Avenue
Huntington Beach, California
Harbors, Beaches and Parks Department
County of Orange
1901 Bayside Drive
Newport Beach, California
State of California
Resources Agency
1416 Ninth Street, Room 1311
Sacramento, California 95814
Pursuant to the requirements of Title 5, Division 2,
Article 8 of the California Government Code, PLEASE TAKE NOTICE
that the City of Newport Beach intends to sell the following
described surplus land:
That certain real property lying in the County of
Orange, State of California, more particularly described
as follows, to wit:
That portion of Lot "A" of the Banning Tract, as shown
on a Map of said Tract filed in the case of Hancock Banning
and others vs. Mary H. Banning for partition and being
Case No. 6385 upon the Register of Actions of the Superior
Court of the State of California, in and for the County of
Los Angeles, described as follows:
Beginning at the intersection of the center lines of
Whittier Avenue and Nineteenth Street as shown on the Map
of Newport Mesa Tract recorded in Book 5, page 1 of
Miscellaneous Maps, the center line of said Nineteenth
Notice of Intent to Dispose
of Surplus Unimproved Land -2— December 7, 1970
Street being the North line of said Newport Mesa Tract;
thence Northerly along the Northerly extension of the
center line of said Whittier Avenue, a distance of
30.00 feet; thence Westerly parallel with the Westerly
extension of the North line of said Newport Mesa Tract,
a distance of 33.0.00 feet; thence North 1620.00 feet;
thence Westerly 1063.00 more or less feet parallel with
the Westerly extension of the North line of said Newport
Mesa Tract to the West line of land described in deed
to Ednah Race Capron, recorded October 23rd, 1944 in Book
1281, page 199 of Official Records; thence South 1650.00
feet along the westerly line of said land of Ednah Race
Capron to the Southwest corner thereof; thence Easterly
1393.00 more or less feet along the Westerly extension
of the North line of said Newport Mesa Tract to the
point of beginning.
The above described land is hereby offered for sale.
at fair market value for park or recreational purposes to the
public agencies listed above.
HLH:mh
HARVEY r.'HURLVZMT
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California