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SR-506-004-01 (2) r , . . . . h-P 506-0o~-O/ FES 2 8 1989 GS:SES:DA:JSH Council Meeting: February 28, 1989 Santa Monica, California TO: city Council FROM: city staff SUBJECT: Recommendation to Adopt Resolution Authorizing Execution of Grant of Easement to Southern California Edison Company for Construction and Maintenance of Electrical Facilities Servicing the Ken Edwards Center Introduction This reports recommends that the City Council adopt the attached resolution authorizing execution of a grant of easement to Southern California Edison for the construction and maintenance of electrical facilities servicing the Ken Edwards Center. Background On April 12, 1988, the City Council awarded a contract for the construction of the Ken Edwards Community Center located at 1527 4th Street. Before electrical service can be provided to the building, the Southern California Edison Company requires that the City grant an easement allowing ingress and egress to their equipment. Similar easements have been granted for the Airport, Main Library, and other City-owned facilities which required new or upgraded electrical service. BUdget/Financial Impact There will be no budget or financial impact. - 1 - iO-p fEB 2 8 1989 - ------ , . . . Recommendation It is recommended that the City Council adopt the attached resolution granting an easement to Southern California Edison for the construction and maintenance of electrical facilities servicing the Ken Edwards Center. Prepared by: Stan scholl, Director of General Services Desi Alvarez, city Engineer Jean Stanley Higbee, Administrative Analyst Attachments: Resolution Easement (SCEKEC) - 2 - - - ---- --- -- --- -- - . . CK CONTENT OF ALL FOR CI LERK'S ACTION BEFORE DISTRIBUTION DISTRIBUTION OF RESOLUTION # J77 "/ ORDINANCE # ~. Counell Meetlng Date ?h.l /)'; Introduced: Agenda Item ~ (; --? Adopted: ;Vo ALWAYS PUBLISH ADOPTED ORDINANCES Was It amended? Cross out Attorney's approval VOTE: Afflrmatlve: ]-(") Negatlve: Abstaln: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgnedJ sealed and flIed ln Vault. NEWSPAPER PUBLICATION (Date: ) Department orlglnat1ng staff report ( Laurle Lleberman) Ordl~ances only for Attorney ( Claudia Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned In document or staff report - (certlfied? ) SubJect flle (agenda packet) 1 Counter flle 1 , Others; (Revlew for departments who need to know). Alrport Park~ng Auth. Aud~torlum Personnel BU1ldlng Dept. Plannlng CIED Pollee Flnance Purchaslng G~ SE;rv. I Recr/Parks :fnb-tary ~~ Transportatlon Nanager Treasurer Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEr-!S 4 120 r-1aJ..n Street Avon, Kew Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Hyrlck Santa MOUlca Munlclpal Court 1725 Maln Street, Room 118 .3 Santa Monlca, CA 90401 Total Caples I . . , y RESOLUTION NO. 7777(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL FACILITIES AT THE KEN EDWARDS CENTER, 1527 4TH STREET WHEREAS, the Southern California Edison Company requires a Grant of Easement for construction and maintenance of electrical facilities at the Ken Edwards center located at 1527 4th Streett and . WHEREAS, in order to provide the required electrical facilities the use of public property is required; and WHEREAS, the city Council finds that an easement is of direct benefit to the city of Santa Monica, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Grant of Easement to the Southern California Edison Company is approved and the City Manager is authorized to execute the Grant of Easement attached hereto as Exhibit A. , . . ' ' SECTION 2. The City Clerk shall certify to the adoption . of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~-A Y-A. \~ ROBERT M. MYERS city Attorney , ............."..,.1'1... ft...,"''''.IIoLl aT ~80uttl.rn CIIl,ornl. ~dI..p.nY ~ WHIEN IIIEC:ORDlEg MAIL. TO - -' ~mm 'jI,ornta EdIton Comp8ny REAL R1 is ADMINISTRATIVE SERVICES P. o. lOX 2211 FULLERTON. 'CAUfOIlNlA ~~!! " , aPACE ABOVE THI. UNa POll R.CORDIER'. USI RW202 REV 5184 823{)d a..TIIla,. .01lll1C .11.... I........... MA.... .... GANIT OF EASEfIIENT SANTA MONICA 6742-2114 7-2109 52-80 CITY OF SANTA IOIICA (COrpor.Uon) BY ....T. ~,,, App,....cI ....1 "ropert... ...cI JMT:mo 1/31189 Aclmln...,.II.. lenl... THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA. a municipal corporation (hlr.in.ft,r r,f.r~ to as "Gr.ntor"), hire" grlnts to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation. fts suee.ssors .nd assigns (httrelnafter ref.rred to as "Grantee"), an easement and right of way to construct, use, maintain, operate. altlr, He! to. repair, replacI. reconstruct, inspect and remove at any t'me and fran time to time underground electrical supply systems and comnunication systems (hereinafter referred to as "systems">, consisting of wires, underground conduits, cables, vaults, mlnhOles, handholes, and including above-ground enclotures, IIIInlT'S and conc...te p.lds and othe'T' appurtenant fh.tures and equ\pment necessary or useful for dtstrtbutlng electrical energy and for tran~itting tntel1igence by electrical means, in. on, over. under, across and along that certain real property in the County of LOS ANGELES, State of california, described 8 4S follows: n c IJ The JouthHStlrl)' 10 ftlt of the northeasterly 23 feet of Lot "5" in Block 195 of the Town of Santa ~l ",",lea, .. per lIIIP recorded in 800Ic 39. pages 45 to 51 of Miscellaneous Records, tn the Office of tM RIc:orcllr of "'d Coun\1, of >> ) Gr"'~ shall hly. UII rtght of Ingress and egress to the eas..nt at any rtuonilll. tl. In order to z III usa, _'nll'n. operate, npalr, replace. reconstruct. 'nspett and refN)ve the syst_ wMc" the Grantee '11 l'\ ;II Installs 'n the ......nt a..... -t )0 GrantH ..ccepts this us_nt and rigllt of IrIq with the knowledge that the Grantor Int.nds to I~rove ~= o z the ....... .I'M by conltruct I ng a bu 11 ding. Also Grantor agrees that In _Ing such inprovement, . o 0 . I Z Grantor shin acltqu.ttly protect Grantee's systems against such inprovernent. . III "" I~ I Q Grantor expressly agrees for \tself, its successors and ass\gns, not to hold the Grantee and \ts n fi )0 contrlCt.ors, &gInts, And ..loyees responsible or Hable for any loss or denage fl"Oll any cl.use whatsoever . r- i :; to tM bund'na constructed In. or upon said easement arIN except in cases of Grantee's ~loyees, allents' . I PI tI and contrl.Ctan' sQle &ctlve netHgence. . 0 1- , · S ~~~ AgI'HI to save hI,..less and Indlllllify Grantee fran and agahst all clalllS, loss damag.. S I actt~.' ~' of action, Ixpense andlor 1 iablllty. including loss or dlllll8l to property inCluding Gr........1 CMI'~. pr 'nJ..ry to or duth of persons. lncludlng 8IlfIloyees of Gr.ntH. I'tsultlllG In any InInnef whltsOev.r, dtl'lC't.ly or 'ndlrectly. by reason of this easement or the use or occupancy of said els..nt by Grantee except 'n cases of Grantee' s ...1 oyees, agents I and contractors' so 1 tact tve nq1\genc:e. lni~~..,tnt; Qrutor IS UI of t.he tas..nt area or any part thel"tOf caUSes Grantee. 'n the GrantH' s rusGnlble4J"--nt, to be in ,,'olation or non~1tance lIlith any sUtute. rule or rtiulaUon to which GrutH 11'1 public utility Is subject in respect of the exercise by Grantee of the rights hereby granted, Grantor Ihlll within thirty (]G) days of reC4!ipt frm Grantee of either Grantee's notification of such vlolatlonl or non~llanc.. or of a copy of the aforementioned not tee served upon Grantee as the case lIlIY be. eNII .1Id dhcontinue said use. W'th the exception of the building already located on the easement, Grantor agrees for itself, Its SU~'lQrs W ass 'gns not to erect. pla.ce 01' NJntatn. nor to pemit the erection, pla~nt or maintenance of Iny building, planter bOxes, earth fill or other structures except walls and fences on the abo'" "ICfltbed rel1 prop.rt)'. The Grant.., and its contractors, agents and ~loY8lls. shall ha". the right to trt. or cut tree roots as ~ endanger or interfere with said systems and shill have free acClss to sa'd s)'It.. and every part thel'tOf, at: all tillEs. for the purpose of exerc\sing the rights hereln grlnt8d: provided. however. that in Making any excavation on said propety of the Grantor(s). the Grantee . . . Grant of Easement 1 Work Order No. 6742-2174; 7-2109 Page 2 shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation. and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as 1~ was prior to such excavation as is practicable. EXECUTED this day of . 19_ THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA. a municipal corporation By By STATE OF CALIFORNIA ) . ) ss. COUNTY OF ) On . before me. a Notary Pub 11 c in and for saId State. personally appeared . and . known to me (or proved to me on the basis of satIsfactory evidence) to be the and . respectively. of the city of SANTA MONICA. the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the municipal corporation. WITNESS ~ hand and official seal. 823Od-2 :100 ~ , . I: I ~ I .. - I ~ I ~~ V i. J\) .>1 ' ::i . I~ I.:! '(.II I .0 , - .. , . I' . . f i.' ~ -~Q 1 ~ ~~ , ~;.. ~ =~ ~ ~... ~.. ;~ - '" - - -- - - - 0--:: - - - - - - - " : - - - - - - - ~ : - - - - - - - & : - - - - - - - :6-;: - .<& - - - - - - s-= .~:~ . . ;.- , ... . I /l 1.-', ,\ J < "";~ "'..' p' , . ~'4 I '\, 'i.", -:'.,. I. I \ I ~ I f ~ L , . " ". . . .. " , , , . " . , , - . . 1 . CO , ... CI Cl . - c.n I'.) ~- :"'" <)~., - .'U) ..,. -','en ' I \ fl , . / . \ -+ ~ " .T . . , Adopted and approved this 28th day of February, 1989. ~ 1 ~~~ Mayor I hereby certify that the foregoing Resolution No. 7777 (CCS) was duly adopted by the city council of the City of santa Monica at a meeting thereof held on February 28, 1989 by the following council vote: . Ayes: councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: . --- City C1r: