CITY OF
LONG
March 21, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
C-26
Authorize the City Manager, or designee, to grant an easement deed to Southern California Edison, for the installation of two utility poles and an electrical duct bank in and along Colorado Street, between Eliot Street and Orlena Avenue, as part of the construction of the Colorado Lagoon Open Channel Phase 2A project. (District 3)
DISCUSSION
Southern California Edison (SCE) is requesting a grant of easement to remove and replace two utility poles and remove electrical cables and place them overhead along Colorado Street, between Eliot Street and Orlena Avenue, as part of the construction of the Colorado Lagoon Open Channel Phase 2A project (Project) (Attachments A and B).
SCE and City of Long Beach's (City) staff have evaluated the plans and specifications for the Project and have determined that to accommodate the new roadway alignment and deck height over the new box culvert, two existing utility poles need to be raised, including the abandonment of one electrical duct bank, and installation of overhead electrical lines. SCE has agreed to design and approve their construction plans upon the City approving and granting the easement deed (Attachment C). The easement deed is needed to provide SCE legal rights and maintenance access of their utilities.
In conformance with the California Environmental Quality Act, an amended Environmental Impact Report (EIR 30-07) was completed in September 2010 and approved and adopted by City Council on November 16, 2010.
This matter was reviewed by Deputy City Attorney Vanessa S. Ibarra on March 6, 2023 and by Budget Management Officer Nader Kaamoush on February 27, 2023.
TIMING CONSIDERATIONS
City Council action is requested on March 21, 2023 to provide SCE with interim and maintenance access for the utility duct bank and power poles.
FISCAL IMPACT
This recommendation has no fiscal or local job impact. There is no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
HONORABLE MAYOR AND CITY COUNCIL
March 21 , 2023
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
Lh
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
ATTACHMENT: A- LEGAL DESCRIPTION
8 - SURVEY MAP
C - DRAFT GRANT OF EASEMENT DEED
APPROVED:
THOMAS B. MODICA
CITY MANAGER
EXHIBIT “A”
LEGAL DESCRIPTION
SERIAL 73176A
APN: 7250-021-904
SHEET 1 OF 2
WO# 802129394 – NOT# 204021204
OVERHEAD TRANSMISSION EASEMENT:
THAT PORTION OF LOT 216 OF THE ALAMITOS TRACT, IN THE CITY OF LONG
BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 36, PAGES 37 THROUGH 44, INCLUSIVE OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT OF INTERSECTION OF THE WESTERLY LINE OF ORLENA AVENUE, 60 FEET WIDE, AS SHOWN ON PALM ISLAND TRACT, MAP BOOK 5, PAGE 57 OF MAPS OF SAID COUNTY, WITH A LINE 30.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 216;
THENCE WESTERLY ALONG SAID PARALLEL LINE,
NORTH 89°53'18" WEST 45.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING WESTERLY ALONG SAID PARALLEL LINE,
NORTH 89°53'18" WEST 178.55 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00°06'42" EAST 12.65 FEET; THENCE NORTH 89°53'54" EAST 157.57 FEET;
THENCE NORTH 01°23'56" EAST 27.04 FEET;
THENCE SOUTH 88°36'04" EAST 5.00 FEET;
THENCE SOUTH 01°23'56" WEST 26.91 FEET;
THENCE NORTH 89°53'54" EAST 15.98 FEET;
THENCE SOUTH 00°06'42" WEST 13.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,452 SQUARE FEET OR 0.056 ACRES, MORE OR LESS.
ATTACHMENT - A
SERIAL 73176A
SHEET 2 OF 2
WO# 802129394 – NOT# 204021204
A
TTACHED HERETO IS EXHBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF
LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS, RIGHT OF WAY AND OTHER MATTERS OF RECORD, IF ANY.
PREPARED BY ME OR UNDER MY DIRECTION:
___________________________________ _________
DOUGLAS R. HOWARD, PLS 6169 D
ATE
PSOMAS
11/07/2022
12/28/2022
ATTACHMENT - A
THAT PORTION OF LOT 216 OF THE ALAMITOS TRACT, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGES 37 THROUGH 44, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES.
EXHIBIT "B"
POR. LOT 216
COLORADO STREET
ORLENA AVENUE
LINE DATA:
NOTE:
NIETO AVE
12/28/2022
ATTACHMENT B
THAT PORTION OF LOT 216 OF THE ALAMITOS TRACT, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGES 37 THROUGH 44, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES.
EXHIBIT "B"
COLORADO STREET
ORLENA AVENUE
NIETO AVE (VAC)
ELIOT
ST
NOTE:
ATTACHMENT B
RECORDING REQUESTED BY
S
OUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
S
OUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
A
TTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73176A Service Order No. 802129394
Location: City of Long Beach
A.P.N.: 7250-021-904
V&LM File No.: ACQ204021204
SCE Doc No.: 526416
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Approved
Vegetation &
Land Management
BY S
F DATE 09/23/2022
SCE LAW Approved: MR
CITY OF LONG BEACH, a municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, h ereinafter called "Grantee", an easement and right of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materi als, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across a strip of land of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Los Angeles , State of Californi a, described as follows:
Th
e portion of Farm Lot 21 6 of the Alamitos Tract, in the City of Long Beach, County of Los Angeles, State of California, as per map recorded in Book 36, pages 37 to 44 inclusive, of Miscellaneous Records in t he office of the Coun ty Recorder of the County of Los Angeles , and described in deeds to Pacific Electric Rail way Company, recorded in Book 1929, Page 147 of Deed and in Book 1935, Page 91 of Deeds, both in the office of the County Recorder of said County.
T
he said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.
Gr
antor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rig hts of access and ing ress and egress granted to the Grantee by this Grant of Easement.
G
rantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Righ t of Way Strip, free from explosives, bui ldings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree
ATTACHMENT C
Grant of Easement
City of Long Beach to
S.C.E. Co., a corp.
Serial No. 73176A
V&LM File No.: ACQ204021204
-2-
or shrub which in the opinion of Grantee, may endanger said electri c lines or any part thereof or interfere with the exercise of the rights herein granted.
Grantor represents and warrants that it is the fee owner of the Right of Way Strip pursuant to AB ________ of ________, and that the Right of Way Strip is subject to certain public trust restrictions in accordance therewith. Grantor shall indemnify and hold harmless Grantee from any loss or liability resulting from any claim or lawsuit which asserts that Grantee’s use of the Right of Way in accordance with this agreement violates said public trust restrictions or otherwise that Grantor lacks authority to grant this easement.
The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ______ day of ___________________, 20____.
CITY OF LONG BEACH,
a municipal corporation
By
Name
Its
By
Name
Its
ATTACHMENT C
Grant of Easement
City of Long Beach to
S.C.E. Co., a corp.
Serial No. 73176A
V&LM File No.: ACQ204021204
-3-
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 t he 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 PER JURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
ATTACHMENT C
Grant of Easement
City of Long Beach to
S.C.E. Co., a corp.
Serial No. 73176A
V&LM File No.: ACQ204021204
-4-
A notary public or other officer completing this certificate verifies only t he 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 N otary 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 St ate of California that th e foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
ATTACHMENT C
THAT PORTION OF LOT 216 OF THE ALAMITOS TRACT, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGES 37 THROUGH 44, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES.
EXHIBIT "B"
MONUMENT & BOUNDARY NOTES:
BASIS OF BEARINGS & DATUM STATEMENT:
RECORD REFERENCE
LEGEND AND ABBREVIATIONS:
ATTACHMENT B