Resolution No. 6926
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RESOLUTION NO. 6926
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A RIGHT OF ENTRY AGREEMENT BY AND
BETWEEN THE DEPARTMENT OF WATER AND POWER OF
THE CITY OF LOS ANGELES AND THE CITY OF VERNON
FOR THE WIDENING OF ATLANTIC BOULEVARD
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WHEREAS, the Department of Water and Power of the City
of Los Angeles (LADWP) owns the Firestone Junction-Bandini
Junction Transmission Line Right of Way No. 2B (Right of Way) in
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the City of Vernon where it crosses Atlantic Boulevard; and
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WH~REAS'1the City of Vernon desires to widen Atlantic
Boulevard at its intersection with the LADWP Right of Way, and
LADWP has offered the City of Vernon a right of entry for said
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project; and
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WHEREAS, the Director of Community Services has
recommended that the City council accept and authorize the
execution of the agreement for the right of entry.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the city of Vernon
hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
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hereby accepts and approves the Right of Entry Agreement by and
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between LADWP and the City of Vernon, a copy of which has been
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presented to the City council concurrently with this resolution,
and the City Council hereby orders said Right of Entry to be
received and filed by the City Clerk.
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SECTION 3: The City council of the City of Vernon
2 hereby authorizes the Mayor and the City Clerk to execute said
3 Right of Entry for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
5 certify to the passage of this resolution, and thereupon and
6 thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 4th day of March, 1997.
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ATr~ /-
B~UCE V. MALKENHORST,
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(SEAL)
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6926, was duly adopted by the City council of the
6 City of Vernon at a regular meeting of the City council duly held
7 on Tuesday, March 4, 1997, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
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RIGHT OF ENTRY
THE DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES (Department)
hereby gives permission to THE CITY OF VERNON (sometimes herein referred to as
Vernon) to commence street widening construction at Atlantic Boulevard affecting
the Department's Firestone Junction-Bandini Junction Transmission Line Right of
Way No. 2B (right of way) as shown on the drawing marked Exhibit "A", attached
and made a part hereof, in the same manner as though Vernon had commenced an
action in eminent domain against the City of Los Angeles and this Department to
acquire the easement to construct said street widening project and had obtained
possession and use of said property as of the date of execution of the Right of
Entry by the Department.
Said permission is given subject to Vernon's compliance with the
following provisions:
1. It is understood that this Department will recommend to the
Board of W~r and Power Commissioners and the Los Angeles City
Council that we accept the offsetting cost of assessment as
compensation for the easement.
2. The conveyance of any easement to Vernon shall be subject to
approval by the Board of Water and Power Commissioners by
resolution and by ordinance of the City Council, approved by
the Mayor and subject to all applicable provisions of the City
Charter and the laws of the State. The permission given herein
shall not imply nor confer any greater right or permission than
the Department of Water and Power has or can thereby lawfully
give.
3. The conveyance of the easement to Vernon shall be subject to
all existing uses and all matters of record. The permission
herein given is further subject to the following conditions:
a. All work in connection with the above-mentioned
construction shall be done without cost or liability
to the Department of Water and Power of the City of
Los Angeles, its officers, employees, or agents.
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b. Vernon shall at all times exercise the permission herein
given in such manner as will not interfere with the
Department's use of the property for the purpose for
which it is held, not inconsistent with the rights herein
granted.
c. If relocation of any Department facilities is necessitated
by reason of the granting of any property rights, Vernon and
Department hereby agree to process a separate Utilities
Agreement to cover the cost of relocating such facilities.
d. Upon termination of the agreement for whatever reason, Vernon
shall be responsible for all cleanup costs and expenses
including, but not limited to, any fines, penalties, judgments,
litigation costs, and attorneys' fees incurred as a result of
any and all discharge, leakage, spillage, emission of material
which is, or becomes, defined as any pollutant, contaminant,
hazardous waste or hazardous substance, under federal, state
or local statute, regulation, rule or ordinance or amendment
thereto including, without limitation, the Resource Conservation
and Recovery Act of 1967 ("RCRA"), 42 U.S.C. Sec. 6901, et seq.;
the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 ("CERCLA"), as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("SARA"), 42 U.S.C.
Sec. 9601, et seq.; the Clean Water Act, 33 U.S.C. Sec. 1251, et-
seq.; the Clean Air Act, 42 U.S.C. Sec. 7901, et seq.;
California Health & Safety Code Sec. 25100, et seq~, Sec. 25300,
et seq. and Sec. 28740, et seq.; California Water Code
Sec. 13000, et seq.; California Administrative Code, Title 22,
Division 4, Chapter 30, Article 4; Title 49 CFR 172.101;
Title 40 CFR Part 302 upon, about, or beneath the property, or
migrating or threatening to migrate to or from the property.
Said cleanup shall be accomplished to the satisfaction of the
Department and any governmental body having jurisdiction
thereover.
4. Relocation of the Southern California Edison power line poles must
maintain clearances with the transmission line conductors to comply
with General Order 95.
5. Vernon hereby acknowledges and represents that it has inspected the
property, knows the condition thereof and assumes full
responsibility for any injury to persons or damage or destruction to
property proximately caused by reasons of the uses authorized under
this Right of Entry, and undertakes and agrees to release, hold
harmless, indemnify and defend the City of Los Angeles and its said
Department and all officers and employees from and against all
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suits, causes of action, claims, loss, demands, expense, damage or
liability of any nature whatsoever for the death or injury to any
person, including Vernon, its employees or agents, or damage or
destruction to any property of either party hereto or third persons
in any manner arising by reasons of or incident to the uses
authorized by this Right of Entry.
6. Energized transmission lines can produce electrical effects including,
but not limited to, induced voltages and currents in persons and
objects. Vernon hereby acknowledges a duty to conduct activities in
such manner that will not expose persons to injury or property to
damage from such effects.
7. Department personnel shall have access to the right of way at all
times.
8. Unauthorized parking of vehicles or equipment shall not be allowed
on the right of way at any time.
9. Unauthorized storage of equipment or material shall not be allowed
on the right of way at any time.
10. Fueling of vehicles or equipment shall not be allowed on the right
of way at any time.
11. Patrol roads and/or the ground surfaces of the right of way shall be
restored by the Vernon to original conditions, or better.
12. All trash, debris, waste, and excess earth shall be removed from the
right of way upon completion of the project, or the Department may
do so at the sole risk and expense of Vernon.
13. All paving, driveways, bridges, crossings, and substructures located
within the right of way shall be designed to withstand a combined
weight of 40,000 pounds in accordance with the American Association
of State Highway and Transportation Officials H20-44 (MI8) wheel
loadings.
14. The location of underground pipelines and conduits shall be marked
at all points where they cross the boundaries of the right of way
and at all locations where they change direction within the right of
way. The markings shall be visible and identifiable metal post
markers for underground pipelines.
15. All aboveground metal structures including, but not limited to,
pipes, drainage devices, fences, and bridge structures located
within or adjoining the right of way shall be properly grounded,
and shall be insulated from any fencing or other conductive
materials located outside of the right of way.
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16. Vernon shall neither hold the Department liable for nor seek
indemnity from the Department for any damage to Vernon's project due
to future construction or reconstruction by the Department within
the right of way.
17. Burning shall not be allowed on the right of way.
18. Vernon shall control dust by dust-abatement procedures approved by
the Department, such as the application of a dust palliative or
water.
19. The right of way contains high-voltage electrical conductors;
therefore, Vernon shall utilize only such equipment, material, and
construction techniques that are permitted under applicable safety
ordinances and statutes, including the following: State of
California Code of Regulations, Title 8, Industrial Relations,
Chapter 4, Division of Industrial Safety, Subchapter 5, Electrical
Safety Orders; and California Public Utilities Commission, General
Order No. 95, Rules for Overhead Electric Line Construction.
20. An area within a radius of at least 50 feet around the base of
each tower shall remain open and unob~tructed, at all times, for
emergencies and/or maintenance, including periodic washing of
insulators by high-pressure water spray.
21. In the event that construction within the right of way is determined
upon inspection by the Department to be unsafe or hazardous to
Department facilities, the Department may assign a line patrol
mechanic at the Vernon's expense.
22. If the Department determines at any time during construction that
Vernon's efforts are hazardous or detrimental to Department
facilities, the Department shall have the right to immediately
terminate said construction.
23. All concentrated surface water which is draining away from the
proposed facility shall be directed to an approved storm drain
system where accessible, or otherwise restored to sheet flow before
being released within or from the right of way.
24. Vernon shall obtain and pay for all permits and licenses required
for performance of the work and shall comply with all laws,
ordinances, rules, orders, or regulations including, but not limited
to, those of any agencies, departments, districts, or commissions of
the State, County, or City having jurisdiction thereover.
25. The term "construction", as used herein, refers only to that
construction incidental to the maintenance or repair of the existing
street widening project and shall not be construed to mean
permission to construct any additional street widening project.
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26. All fencing shall be grounded in accordance with the 1993 National
Electrical Safety Code (NESC), C2-1993.
27. The proposed driveway into the Department's right of way is to be
24 feet in width.
28. Access to any and all Department roads, towers, and other facilities
must be maintained at all times.
29. Vernon shall contact the Right of Way Supervisor at (818) 771-4572
forty-eight hours prior to the start of proposed work, and provide
the name of the field supervisor overseeing the actual work. At
any time, at the sole determination of the Department representative
that the work poses a possible hazard to the transmission lines
involved, such work shall be terminated immediately upon
notification.
Dated
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DEPARTMENT OF WATER AND POWER OF
THE CITY OF LOS ANGELES
APPROVED:
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Director, Energy Suppor
Services
WILLIAM R. McCARLEY
GENERAL MANAGER
By
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ANNE E. FI SHER 1: ~
Chief Real Estate Officer
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MARCIE L. EDWARDS
Director of Bulk Power
DEPARTMENT
THE CITY OF VERNON
BY~.
/.7' EONIS C. MALBURG Mayor
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ATTEST:
BRUCE V. MALKENHORST, City Clerk
BY
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APPROVED AS TO FORM:
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DAVID B. BREARLEY, City1Attorney
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PARCEL 1 DOC. NO. 4005 RECORDED DEC.
2.3. 1959 BOOK 0611 PAGE 586 OR
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100' FOOT CITY OF LOS ANGELES.
DEPARTMENT OF WATER AND POWER
RIGHT OF WAY PER DEED RECORDED
BOOK 14788 PAGE 1 O,R.
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EXHIBIT A