Agenda Item No. 15
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City EngineerW Ryan Miller, Housing and Economic Development Analyst
FOR: City Council Meeting of September 23, 2024
SUBJECT: Joint Use Agreement between the City of Yucaipa and Southern California Edison Company, Dunlap Boulevard
RECOMMENDATION:
That the City Council:
1. Approve the Joint Use Agreement between the City of Yucaipa and Southern California Edison Company for the relocation and joint use of easements in connection with improvements to Dunlap Boulevard and Oak Glen Road; and
2. Authorize the City Manager to execute the agreement and any necessary documents to effectuate the terms of the Joint Use Agreement.
BACKGROUND/DISCUSSION:
The City of Yucaipa has acquired easement rights for the construction of street and trail improvements to Dunlap Boulevard and Oak Glen Road near the Wilson Creek bridge crossing.
These improvements are part of the City's ongoing efforts to enhance transportation infrastructure in accordance with the General Plan, as well as enhancing public safety. Southern California Edison Company (SCE) also holds easement rights within these streets for the operation and maintenance of their existing electrical facilities, in accordance with their franchise agreement with the City.
SCE electrical facilities must be relocated in order to accommodate the construction of the proposed street and trail improvements. The relocations will also accommodate long-term use and maintenance of these streets. In addition, the relocation will also facilitate the further development of the Gateway Project (La Qunita hotel/gas station). The development agreement between the City and the developer for this project identifies that the City will facilitate utility relocation for this project. In response, SCE and the City have negotiated a Joint Use Agreement that would allow for the relocation of SCE's facilities to a new location within the public right-of-way and satisfy the City's requirements consistent with the development agreement.
allow for the relocation of SCE's facilities to a new location within the public right-of-way and satisfy the City's requirements consistent with the development agreement.
The proposed Joint Use Agreement outlines the responsibilities of both parties concerning the relocation and joint use of the easements.
FISCAL IMPACT:
There is no direct impact to the General Fund associated with this proposed Joint Use Agreement.
Cost associated with the relocation are delineated in the development agreement between the Gateway Project developer and the City.
Attachment(s):
1. Joint Use Agreement
Approved by:. -- - - --
ATTACHMENT 1
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
V&LM File No. JUA204137551
Serial No.: 73550A
Affects SCE Doc.'s: 223914 and 267815
Service Order: 802228390
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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 YUCAIPA, a municipal corporation, 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:
That certain Directors Deed, recorded July 26, 1965, as Instrument No. 520 in Book 6439,
6737, Page 184, both of Official Records, in the Office of the San Bernardino County Recorder,_ hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Dunlap Boulevard and Oak Glen Road in said City, County of San Bernardino, 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".
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&,LM FILE No.: JUA 204137551
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.
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 -2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&LM FILE No.: JUA 204137551
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
Monica Contreras
Real Estate & Facilities Advisor
Land Management - Eastern Region
Vegetation 8v Land Management
CITY OF
YUCAIPA, a municipal corporation
By:
Name:
Title:
Attest:
Name:
Title:
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&LM FILE No.: JUA 204137551
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 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 State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&LM FILE No.: JUA 204137551
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 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 State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-5-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V8,LM FILE No.: JUA 204137551
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 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 State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
W
NOTE:
SEE SHEET 2 OF 2 FOR LEGEND
30 30'
RECORD REFERENCES, LINE
DATA AND BASIS OF BEARING
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RECORDED MARCH 30, 1966
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IN BOOK 6598, PAGE 293, O.R.
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THAT PORTION OF DUNLAP BOULEVARD
(FORMERLY OCEAN TO OCEAN HIGHWAY)
AND OAK GLEN ROAD (FORMERLY
COLORADO STREET), IN THE CITY OF
YUCAIPA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 31, PAGE 71 OF
MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
SCALE 1 50'
ME 10=
0 50 100
L9 POR. LOT 62, TM 2187
MB 31/71
A.P.N. 0301-182-11
L8
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EX R/W
POC 3� l
N 52046150" E OAK GLEN ROAD
RWESS/ Nq
O PS L. GAO C
No. 28500
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+A Civil EX R/W
'tea 'tee 3-31 �`� ' (SHEET 1 OF 2)
lF OF C A��F��
CITY OF YUCAIPA
SERIAL NO. 73550A
EXHIBIT "A"
THAT PORTION OF DUNLAP BOULEVARD (FORMERLY OCEAN TO OCEAN
HIGHWAY) AND OAK GLEN ROAD (FORMERLY COLORADO STREET), IN THE
CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 71 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BASIS OF BEARING:
THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF OAK GLEN ROAD, BEING N52046'50"E, AS SHOWN ON RS 03-207, RS BOOK 122/39 LEGEND AND ABBREVIATIONS:
LINE DATA:
APN
- ASSESSOR'S PARCEL NUMBER
L1 -
N 37010'17" W
15.92'
CL -
CENTERLINE
L2 -
N 52005'46" E
18.31'
FD -
FOUND
L3 -
S 37054'14" E
240.30'
O.R.
- OFFICIAL RECORDS
L4 -
S 69004"8" E
163.98'
R/W
- RIGHT OF WAY
L5 -
S 52°46'S0" W
35.32'
JUA
- JOINT USE AGREEMENT
PM -
PARCEL MAP
L6 -
N 69004"8" W
138.14'
L7 -
S 36030'44" W
13.28'
CENTERLINE
L8 -
N 65059'43" W
30.73'
L9 -
N 36030'44" E
19.94'
L10
- N 37054'14" W 150.63'
L11
- N 28006'50" W 67.52'
L12
- N52049'43"E
30.00'
lzzzx'z AREA IN JOINT USE WITH THE CITY OF
YUCAIPA (30' WIDE) 11,969 SQ FT, OR 0.27 ACRES
Q0ESS/D//Vq!
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No. 28500
F+� CIVIL
\F OF C M_�
(SHEET 2 OF 2)
SERIAL NO. 73550A
EXHIBIT "A"