HomeMy WebLinkAboutItem No. 16 - SCE Undergrounding EasementCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-353
Agenda Date: 9/13/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 16)
Revised Grant of Easement to Southern California Edison for Valley-Ivyglen Project on Third
Street and Pasadena Street
Authorize the City Manager to process the easement document and instruct staff to forward the
document to Southern California Edison (SCE) for recordation.
Page 1 City of Lake Elsinore Printed on 9/8/2022
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: September 13, 2022
Subject: Revised Grant of Easement to Southern California Edison for Valley-
Ivyglen Project on Third Street and Pasadena Street
Recommendation
Authorize the City Manager to process the easement document and instruct staff to forward the
documents to Southern California Edison (SCE) for recordation.
Background
Southern California Edison is carrying out its Valley-Ivyglen Subtransmission line Project, a
regional project located in the unincorporated and incorporated areas of western Riverside
County, mainly impacting the City of Lake Elsinore. The project includes constructing a new
single-circuit 115-kV sub-transmission line and fiber optic line running approximately 27 miles,
with approximately 10 miles of new powerlines traversing the City of Lake Elsinore. The new
Valley-Ivyglen submtransmission aims to relieve loads on the existing Valley-Elsinore Fogarty
and provide a second source of power to Ivyglen Substation.
Discussion
Southern California Edison (SCE) is the utility responsible for installing and maintaining the
electrical facility. SCE is requesting from the City a 30 feet-wide utility easement along Third
Street and Pasadena Street for SCE’s underground transmission line as part of the regional
Valley Ivyglen project.
City Council approved the request for this underground easement on July 13, 2021. However, a
utility conflict with the SAWPA line required SCE to realign the underground line. This utility
conflict was found before the execution of the easement, and SCE has requested City staff to
revise the easement to reflect the new utility alignment.
The original copy of the previously approved easement is with City staff.
Page 2 of 2
Fiscal Impact
There are no fiscal impacts on the City. All costs related to this easement shall be the
responsibility of Southern California Edison.
Exhibits
A – Grant of Easement
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
WITH A COPY TO
CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTENTION: CITY CLERK’S OFFICE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73023A
Service Order No. 801882275
Location: City of Lake
Elsinore, California
A.P.N. Third & Pasadena
Streets
RP File No.:203741726
SCE Doc. No. 524933
________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 EZ DATE:6/4/2021
GRANT OF EASEMENT AGREEMENT
(UNDERGROUND – TRANSMISSION EASEMENT)
This Grant of Easement Agreement (“Easement Agreement”) is entered into by and
between the City of Lake Elsinore, a municipal corporation (“City” or “Grantor”),
and Southern California Edison, a California Corporation (“SCE” or “Grantee”).
Grantor and Grantee may be referred to below as the “Parties” and each as a
“Party”. This Easement Agreement is effective on the date it is fully-executed by
the Parties.
RECITALS
Whereas, SCE applied for a Permit to Construct from the California Public Utilities
Commission (“CPUC”) to construct Valley-Ivyglen 115 kV Subtransmission Line
Project (“Project”) (PTC Application 07-01-031).
Whereas, in Decision No. 18-08-026, the CPUC authorized construction of the
Project.
Whereas, the City has demanded that portions of the Project that will be
constructed along Pasadena Street between its terminus (located approximately
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-2-
350 feet northwest of Hunco Way) and 3rd Street, and along a portion of 3rd Street
southwest of Interstate 15, be constructed and installed underground within the
City’s rights of way (collectively “City’s subject rights of way”). The City’s subject
rights of way are roughly depicted on Exhibit “A”, which is attached hereto and
incorporated herein by this reference.
Whereas, SCE intended to install its Project overhead within the City’s subject
rights of way pursuant to a franchise in accordance with the Franchise Act of 1937
(“SCE Franchise”). The SCE Franchise provides to SCE the right to use and
construct poles, wires, conduits, and appurtenances, including communication
conduits necessary or proper therefore, in, along, across, upon, over, and under
the public streets, ways, alleys and places within the City for the purpose of
transmitting and distributing electricity.
Whereas, the SCE Franchise and common law applicable to franchises require that
the utility may be required to relocate, at the utility’s cost, facilities that were
installed per the SCE Franchise upon the request of the subject jurisdiction or
other jurisdictions to accommodate public projects.
Whereas, SCE represented that the City’s requested undergrounding was not
supported due, in part, to:
x the significant cost difference between installing the facilities underground
as opposed to overhead, and
x the risk to SCE and its ratepayers (financial and otherwise) if the City were
to request a relocation of SCE’s facilities in the future because the cost of
relocating underground facilities is significantly higher than the cost of
relocating elements of an above-ground system.
Whereas, the City recognized the risk that the City could compel a future
relocation of SCE’s facilities and, based on the City’s representations, agreed that
the risk of relocation could be eliminated if the City issued to SCE easement rights
that are superior to those rights granted per the SCE Franchise.
Whereas, the City, in consideration of SCE’s agreement to underground portions of
its facilities in the City’s subject rights of way, is desirous of granting SCE a
superior easement as described below.
Whereas, SCE has agreed to move forward with undergrounding its facilities in the
City’s subject rights of way, and in reliance on the warranties, representations, and
grant of easement set forth herein. But for such warranties, representations, and
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-3-
grant of easement, SCE would not have agreed to implement the undergrounding
of its facilities in the City’s subject rights of way.
GRANT OF EASEMENT
1. Grant of Easement. The foregoing recitals are accepted as accurate
and constitute the intent of the City and SCE. Now therefore, in receipt of
adequate consideration (including without limitation Grantee’s willingness to
implement undergrounding its facilities in the City’s subject rights of way), Grantor
hereby grants to Grantee, its successors and assigns that certain permanent non-
exclusive easement and right of way (collectively, the “Easement”) to construct,
operate, use, maintain, alter, reconstruct, enlarge (within the Easement Strip, as
defined below), repair, renew, replace, inspect, improve, interset, relocate, and/or
remove, at any time and from time to time, electrical underground systems and
communication systems, hereinafter referred to as “underground systems”,
consisting of wires, underground conduits, cables, vaults, manholes, handholes,
encasements, and including above-ground enclosures, markers and concrete pads
and other appurtenant fixtures and equipment, hereafter referred to as “above-
ground systems”, necessary or useful for transmitting and otherwise conveying
electric energy to be used for light, heat, power and for transmitting intelligence by
electrical means and/or other purposes (collectively, “Facilities”), in under, on,
over, along and across that certain portion of the City’s subject rights of way
(referred to as “Easement Strip”) more particularly described on Exhibit “B” and
more particularly shown on Exhibit “C”, both attached hereto and incorporated
herein by this reference.
Grantor warrants and represents to Grantee that it has the right to convey
this Easement and implement its terms. Grantor agrees that this Easement
constitutes a right that is independent of and separate from the SCE Franchise and
that the SCE Franchise does not apply to the Facilities installed in the Easement
Strip.
2. No Relocation of Facilities. Grantor recognizes that this Easement is
superior to any rights Grantee may have pursuant to the SCE Franchise and that
Grantor will not compel Grantee to relocate the Facilities installed in the Easement
Strip at Grantee’s cost (any such relocation shall be at Grantor’s sole cost and
expense). Because the Facilities are installed pursuant to this Easement
Agreement and not pursuant to the SCE Franchise, the relocation provisions of the
SCE Franchise and the common law do not apply to the Facilities. Grantor may
request or (in its capacity as a municipal corporation) require the relocation of such
Facilities provided that Grantee shall not be required to relocate the Facilities (or
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-4-
any portions thereof) unless (i) such relocation is at Grantor’s sole cost and
expense, (ii) Grantor has conveyed to Grantee replacement real property rights for
the new location that are identical to the Easement rights granted herein to
Grantee or otherwise expressly assented to the relocation above-ground within the
SCE Franchise area (e.g., if the relocated area is within an existing City right of
way) pursuant to a Joint Use Agreement (JUA) on a form to be approved by Grantee
(such JUA shall contain terms identical to those set forth herein (including without
limitation that any relocation of Grantee’s systems shall be at Grantor’s sole cost
and expense)), and (iii) Grantee has received all applicable, necessary and required
approvals from the CPUC and other governmental entities for such relocation.
3. No Buildings or Structures on Surface of Easement Strip. Grantor
agrees for itself, its successors, and assigns, not to erect, place, or maintain, nor to
permit the erection, placement, or maintenance of any building, structure, or trees
on the surface of the Easement Strip. Due to the nature of Grantee’s Facilities and
to ensure the safety of the public, Grantor further agrees not to issue permits,
easements, or other rights to excavate within the Easement Strip and/or to install,
operate or maintain other systems or facilities under the surface of the Easement
Strip without Grantee’s prior written consent. In the event that Grantor is desirous
of installing (or permitting the installation of) any systems or facilities under the
surface of the Easement Strip (“Proposed Improvements”), Grantor shall (i) prepare
(or cause to be prepared) plans and specifications (“P&S”) that accurately reflect the
location, scope nature and size of the Proposed Improvements and (ii) present the
P&S to Grantee for its review. Following said review, Grantee shall advise Grantor
as to whether the Proposed Improvements and the P&S are acceptable to Grantee.
Grantee shall not unreasonably condition, withhold, or delay its review and
approval of any Proposed Improvements or P&S; notwithstanding, Grantee may
withhold its consent if the Proposed Improvements would unreasonably interfere
with Grantee’s rights under this Easement Agreement. Grantee may assess charges
commensurate with its standard utility practice for evaluating the Proposed
Improvements and reviewing all P&S. In the event that Grantor installs (or permits
the installation of) any Proposed Improvements without the prior written consent of
Grantee, Grantor shall be responsible for and shall accomplish – at its sole cost
and expense – the immediate removal of the Proposed Improvements upon Grantee
providing Grantor with notice that pursuant to Grantee’s exercise of its
independent engineering judgment, such installed Proposed Improvements
constitute an unreasonable interference with Grantee’s rights under this Easement
Agreement.
4. Construction of Facilities. Grantee will construct, install, and
maintain the Facilities in accordance with applicable laws and regulations.
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-5-
Grantee shall perform its work in compliance with applicable requirements of the
CPUC.
5. Damage to Surface of Easement Strip. Grantee agrees for itself, its
heirs, and assigns to repair and restore, at its sole cost and expense, any damage
or injury caused by Grantee to the surface of the Easement Strip and adjacent
portions of the City’s subject rights of way in connection with Grantee’s exercise of
its rights under this Easement Agreement. Grantee agrees that it shall restore said
excavated or damaged areas to as good a condition as existed before such damage
occurred.
6. Permits. Grantor may require Grantee to obtain ministerial permits
from Grantor for the purpose of notifying Grantor as to the approximate date and
times that Grantee will be conducting construction activities within the Easement
Strip, provided that such permits do not conflict with the paramount authority of
the state and further provided that the fees charged for such permits reflect the
City’s actual and reasonable cost for processing such permits. Grantor agrees that
due to the value received for Grantee’s undergrounding, Grantor shall not charge
Grantee for permits required for the initial installation of the Facilities.
7. Contract Clause. In addition to any other remedies available at law,
any attempt to unilaterally modify or amend this Easement Agreement by
ordinance, rule, regulation, or policy, is appropriately subject to a claim of
substantial impairment of contract under the Contract Clause of the United States
and/or California Constitutions.
8. Authority. Grantor warrants and represents that nothing contained
herein constitutes an unlawful contracting away of the City’s police powers and
that Grantor is authorized to enter into and comply with the terms of this
Easement Agreement.
9. Indemnity. Grantor agrees to indemnify, defend, and hold Grantee
harmless from and against any third party claim arising out of either a demand for
relocation of the Facilities or for any alleged defect or inferiority in the rights herein
granted (including, without limitation, any claims arising out of: (i) Grantee’s
refusal to relocate or remove the Facilities following a demand to do so,
(ii) allegations of superior rights due to senior or other residual property interests
held by other parties (including governmental entities), or (iii) other claims arising
out of an attempt to exercise rights under the SCE Franchise (deemed by the
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-6-
Parties to be inapplicable), or common law applicable to relocations of utilities from
a public right of way.
10. Successors. and Assigns. The terms, covenants and conditions of this
Easement Agreement shall bind and inure to the benefit of the heirs and assigns of
the Grantor and the successors and assigns of the Grantee.
11. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, or by overnight
carrier. Notices will be considered given upon the earlier of (i) two business days
following deposit in the United States mail, postage prepaid, certified or registered,
return receipt requested, or (ii) one business day following deposit with an
overnight carrier service. The Parties will address such notices as provided below
or as may be amended by written notice:
Grantor: City of Lake Elsinore
Attention: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
Grantee: Southern California Edison Company
Attention: Title & Real Estate Services
2 Innovation Way – 2nd Floor
Pomona, Ca 91768
Copy to: Southern California Edison Company
Attention: Law Department/Licensing & Land Use Law
2244 Walnut Grove Ave, Third Floor
Rosemead, CA 91770
12. Miscellaneous.
12.1 Amendments. Any amendments to this Easement Agreement will
be effective only when duly executed by both SCE and the City.
12.2 Applicable Law. This Easement Agreement will be construed and
interpreted under, and governed and enforced according to, the laws of the State of
California.
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-7-
12.3 Counterparts. This Easement Agreement may be executed
simultaneously in one or more counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
12.4 Remedies Not Exclusive and Waivers. No remedy conferred by
any of the specific provisions of this Easement Agreement is intended to be
exclusive of any other remedy and each and every remedy will be cumulative and
will be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. The election of any one or
more remedies will not constitute a waiver of the right to pursue other available
remedies.
12.5 Interpretation and Construction. Each Party has reviewed this
Easement Agreement and each has had the opportunity to have its respective
counsel review and revise this Easement Agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting
party will not apply in the interpretation of this Easement Agreement or any
amendments or Exhibits thereto. In this Easement Agreement the neuter gender
includes the feminine and masculine, and singular number includes the plural,
and the words “person” and “party” include corporation, partnership, firm, trust, or
association wherever the context so requires. The recitals and captions of the
Sections and Subsections of this Easement Agreement are for convenience and
reference only, and the words contained therein will in no way be held to explain,
modify, amplify or aid in the interpretation, construction or meaning of the
provisions of this Easement Agreement.
12.6 Severability. If any part, term or provision of this Easement
Agreement is held by a court of competent jurisdiction to be illegal or in conflict
with any law, the validity of the remaining provisions will not be affected, and the
rights and obligations of the Parties will be construed and enforced as if this
Easement Agreement did not contain the particular part, term or provision held to
be invalid.
12.7 Exhibits. The Exhibits attached hereto are incorporated in this
Easement Agreement by reference herein.
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
-8-
IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of
Easement Agreement on the date set forth below.
Grantor
City of Lake Elsinore, a municipal
corporation
Dated:_______________________________
By:__________________________________
Jason Simpson, City Manager
Attest:
______________________________________
Candice Alverez, City Clerk
Approved as to form:
_____________________________________
Barbara Leibold, City Attorney
Grantee
Southern California Edison Company,
a California corporation
Dated:_______________________________
By:__________________________________
Title:________________________________
Dated:_______________________________
By:__________________________________
Title:________________________________
Grant of Easement Agreement
City of Lake Elsinore (Grantor) and
S. C. E. Co., a corp. (Grantee)
Serial No. 73023A
RP File No.: 203741726
57477233.v1
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 _______________________________
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 _______________________________
EXHIBIT "B"
SCALE 1" = 500'
250 10005000
Feet
POC
LMHG
P471
POB
EXHIBIT "B"
POC
TPOB
SCALE 1" = 80'
40 160800
Feet
EXHIBIT "B"
SCALE 1" = 80'
40 160800
Feet
EXHIBIT "B"
POT
POINT "A"
POC
SCALE 1" = 80'
40 160800
Feet
POB
EXHIBIT "B"
SCALE 1" = 30'
15 60300
Feet
POB
EXHIBIT "B"
SCALE 1" = 30'
15 60300
Feet
EXHIBIT "B"
SCALE 1" = 20'
10 40200
Feet
EXHIBIT "B"
SCALE 1" = 20'
10 40200
Feet