HomeMy WebLinkAbout1976-11 CRA
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3/31/76
RESOLUTION NO. 76-11
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA APPROVING THE
"AGREEMENT FOR MAINTENANCE OF SUM OF MONEY IN
ESCROW AND FOR PAYMENT THEREOF WHEN DISPUTED
RIGHTS THERETO HAVE BEEN SETTLED AND DETERMINED"
AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE SAME.
BE IT RESOLVED, by the community Redevelopment Agency
of the City of Santa Ana that it hereby approves the "Agreement
for maintenance of sum of money in escrow and for payment thereof
when disputed rights thereto have been settled and determined,"
form dated March 10, 1976, which Agreement is on file in the
office of the Executive Director of the Agency, and the Chairman
of the Agency is hereby authorized to execute said Agreement on
behalf of the Agency.
PASSED AND ADOPTED by the Community Redevelopment Agency
of the City of Santa Ana at its Special meeting held
en the ~- day of April , 1976.
ATTEST:
RI~~£~
Executive Director and
Recording Secretary
APPROVED AS TO LEGAL FORM:
~<~---
KEITH L. GOW, Agency
Legal Counsel
STATE OF CALIFORNIA)
COUNTY OF ORAKGE ) sS.:
CITY OF SA..~TA llliA )
I hereb} certify that the foregoing resolution was duly
adopted by the Community Redevelopment Agency of the City of
Santa Ana, California, at,a Specia~--meeting thereof, held
on the 5th day of Apnl , 1976, by the following vote,
to wit:-
AYES:
~..EMBERS: Garthe, Bricken, Evans, Ward, Ortiz, Yamamoto,
Brandt
MEMBERS: None
NOES:
ABSENT:
MEMBERS: None
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Executive Director and
RecoJ:'ding SecJ:etary
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3-10-76
AGREEMENT FOR MAINTENANCE OF SUM OF MONEY
IN ESCROW AND FOR PAYMENT THEREOF WHEN DISPUTED
RIGHTS THERETO HAVE BEEN SETTLED AND DETERMINED
THIS AGREEMENT, made and entered into this
day of
March, 1976, by and between the City of Santa Ana, a municipal
corporation of the State of California (nCity"), the Community
Redevelopment Agency of the City of Santa Ana, a public bOdy,
corporate and politic (nAgency"), and Southern California Edison
Company, a California corporation ("Edison").
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Recitals:
1.
Edison is engaged in the business of furnishing
and distributing electrical energy to customers in various
locations in the State of California, among which is the
City of Santa Ana, where Edison operates under and pursuant
to a certain franchise agreement with the City, dated
October 17,1938, a copy of which is on file in the office
of the Clerk of the Council of City.
2.
Under and pursuant to said franchise agreement,
Edison has heretofore constructed and installed a certain
system of electrical conductors, conduits, and appurtenances
(nfacilitiesn) within Second Street, between Ross and Birch
Streets in the City of Santa Ana, which street was abandoned
on
City has demanded that Edison relocate
its said facilities to another location within said former
right~of-way, being the most northerly four feet thereof, in
order that the location of Edison's said facilities will accom-
modate the construction of a housing project being jointly
developed by Agency and the Housing Authority of the City of
Santa Ana.
Edison is unwilling to relocate its said facilities
as aforesaid unless and until City pays the cost thereof, not to
exceed the ~otal sum of $23,000.
Neither City nor Agency is
willing to pay said or any sum to Edison for said purpose.
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3.
In order to effect the relocation of Edison's
said facilities as aforesaid in time to permit said project
to proceed as planned, the parties desire to provide a means
whereby the question of which of the parties is liable to
pay the cost of relocating said facilities may be reserved
without effecting such timely relocation and without prejudice
to the legal position and rights of either party.
WHEREFORE, in consideration of their mutual covenants
hereinafter contained, and subject to all of the terms and
conditions hereof, the parties hereto do hereby agree as
follows:
A.
Escrow Deposit.
City agrees to deposit, or cause to be deposited, into
an escrow account at the Santa Ana office of a bank to be
specified by Edison, on or before April 1,1976, the sum
of $23,000.
wi thdrawals from said escrow account may .be made
only by joint application of the parties specifying to whom
payment shall be made upon the happening of one or another
of the following conditions:
1.
the entry of final judgment in any litigation
(whether consisting of one or more cases) that may be
commenced hereafter to determine the respective
liabilities of the parties to pay the cost of said
relocation of Edison's said nfacilitiesn; or
2.
the abandonment by either of the respec-
tive parties of one of said positions regarding the
legal issue of liability for such payment, and con-
sent to withdrawal from escrow of said sum by the
other party.
said escrow account shall be deposited in a demand
account in ~aid bank, and any and all interest earned there-
on shall be paid to the prevailing party hereunder, as
aforesaid.
. Each of the parties agrees to execute and deliver to
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said bank escrow instructions to establish said escrow upon
the terms hereof.
Each of the parties agrees that, if it is not the
prevailing party in the resolution of the disputed issue of
liability to pay the cost of said relocation of Edison's
said facilities, it shall execute and deliver to said bank
its instruction to pay said sum, and interest earned thereon,
to the prevailing party upon the happening of either con-
dition hereinabove specified.
B.
Relocation of Facilities
Edison agrees to relocate its said facilities from
their present location within the former right-of-way of
said portion of Second Street to the area within the most
northerly four feet thereof, and to utilize its best efforts
to complete the same on or about April 1,1976, and if prevented
from doing so by reason of strike, flood, storm, earthquake,
fire, or other cause beyond its control, to complete the same
as soon thereafter as is reasonably possible.
C.
Cost of Relocation
~dison agrees that, unless and until it is deter-
mined to be the prevailing party on the issue of liability for
the cost of said relocation, it shall pay therefor from its own
resources.
In the event that City and Agency prevail on said
issue, Edison shall have no claim against City, the Community
Redevelopment Agency of the City of Santa Ana, or the Housing
Authörity of the City of Santa Ana therefor.
In the event that
Edison prevails on said issue, Edison agrees that its receipt
of said escrow fund of $23,000, together with any and all inter-
est earned thereon during the term of said escrow, shall èonsti-
tute payment in full by City, the Housing Authority of the City of
Santa Ana, and the Community Redevelopment Agency of the City of
Santa Ana for all of Edison's costs and expenses incurred or to
be incurred for said relocation of said facilities.
'D.
No Prejudice to Parties
It is mutually agreed by and between the parties that, ex-
cept as hereinabove expressly provided that Edison's receipt of said
escrow fund plus interest accumulated thereon shall constitute ~ay-
ment in full for said relocation if Edison prevails on said issue,
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neither this agreement nor the doing of any act or the payment
of any money under and pursuant to the terms of this agreement
sh~ll be deemed a waiver of any right, claim or cause of action
of any party hereto, whether heretofore or hereafter existing,
nor a declaration against the interest of any party.
It is the
express intent of the parties to enter into this agreement
solely and only to effect the immediate and timely relocation
of Edison's said facilities as aforesaid, while reserving for
later resolution their dispute as to liability for the cost
thereof.
E.
Easement for Relocation
City agrees to utilize its best efforts to provide
Edison with an easement in the form attached hereto.
CITY OF SANTA ANA, a municipal
corporation of the State of
California.
ATTEST:
By
MAYOR
"Cityn
CLERK OF THE COUNCIL
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF S4NTA ANA, a public
body, corporate and politic.
ATTEST:
By
CHAIRMAN
nAgency"
Execut~ve D~rector and
Recording Secretary
SOUTHERN CALIFORNIA EDISON COMPANY,
a California corporation
By
VICE PRESIDENT
By
ASSISTANT SECRETARY
"Edison"
APPROVED AS TO FORM:
KEITH L. GOW
City Attorney
4.
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. RI!£CÇlRDING REQUESTED BY
~UTÌlERN CAliFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CAlifORNIA EDISON COMPANY
.
GRANT OF EASEMENT (CORPORATION)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
£:7 T4Z;i:jR:;;; :"::,::::::: c~
.'.NATU" O. D'CLA'ANT 0 AGONT D"EOHIH'N8 TAX. .,.. .AH'
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~(hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use,
maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time
underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires,
. underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete
, pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting
intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of
Orange ,State of California, described as follows:
A strip of land four feet in width lying within that portion of
Second Street 60 fe~t. wide, as shown on the map of The Park
Tract Addition to Santa Ana recorded in Book 1, Page 30, Record
of Survevs. in the office of the Recorder of said Orange County;
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The Grantor agrees for itself, its successors and assigns not to ereci, place or. maintain, nor to permit the erection,
placement or maintenance of any building, planter boxes, earth fill or other stnictures except walls and fences on the above
described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots
as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times,
. for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on saidproperty of
the Grantor(s}, the Grantee 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 it was prior to such excavation as is practicable, '
Executed this day of
- , 19_.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
EXECUTED tIùs
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day of
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. STATE OF CALIFORNIA,
COUNTY OF
STATE OF CALIFORNIA
}ss.
By
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By
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before me, a Notary Public in and
On , and
for sa~d State, personally appeared known to me to be the Mayor
and C~ty Clerk, respect~vely, ot .the m~nicipal corporation that
executed the within instrument and acknowledged to me that they .1
executed the same on behalf of the municipal corporation. \' ,.
WITNESS my hand and official seal.
f.£I1- 38 ..:
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