HomeMy WebLinkAboutA1787 - SCE EDISON JOINT USE UNDERGROUND UTILITIES BARONA EPC iW 124 E1FV. 6 ]O
D.C.F.. CO.
RECORDING REQUESTED
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SOUTHERN CALIFORNIA EDISON COMPANY 1ocl;r•:r:E;ksT s�g��2,,,,
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY PAGE
COUNT'( R1IIERS�
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So. Calif. Edison - Joint use
agr w/City re undrgrnd util
SPACE ABOVE ' on Barona Road, So. of EPC
AGREEMENT #1787 (Orig 2-4-82)
DOCUMENTARY TRANSFER Res 014140, 2-3-82
—COS.. -.. ._.. . ......,_._..... ,....
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SOUTHERN CALIFORNIA EDISONI
SICNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME
Location: City of Palm Springs
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this Lf day
of ��G�/ tL�, , 19jt1 , by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a 'corporate n, hereinafter called "Company" , and the CITY
OF PALM SPRINGS, a municipal corporation of the State of California,
hereinafter called "City" ,
W I T N E S S E T H:
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:
Those certain Grants of Easement from Bell-Aire Gardens,
Inc. , a Nevada corporation, and Berkeley Square Co. , a Nevada corpo-
ration, to Southern California Edison Company (successor in interest
to California Electric Power Company) recorded February 1, 1963 as
instruments numbered 11504 and 11505 in Book 3315,' pages 45 and 46
of Official Records, in the Office of the County Recorder of River-
side County, 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 Barona
Road in said City, County of Riverside, State of California, herein-
after 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 obstruc-
tion;
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" , shown on the blue line print marked
"Exhibit A", attached hereto and made a part hereof .
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,
Joint Use Agreement
S.C.E.Co. , a corp. , and the
City of Palm Springs
a municipal corp, of the
State of California
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 Com-
pany's facilities in said new location where such work will obstruct
traffic . In all cases, Company shall exercise due care for the pro-
tection 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, reloca-
tion, 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, re-
construction 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 reimburse Company for any loss 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 pro-
perty, 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
manner as not to interfere un:?ul.- 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
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Joint Use Agreement
S.C.E.Co. , a core. , and the
City of Palm Springs
a municipal Corp. of the
State of California
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 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.
This agreement shall inure to the benefit of and be bind-
ing 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
By
C. J. Lowerison, .J : -.
Manager of
Right of Way' and--Land--,
y�= M .`" _
Assistant SAdretary
APPROVED BY THr CITY COUNCIL CITY OF PALM SPRINGS
2
By
City m a ----
}
Attest
City—Clerk
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this day of�� , 1� -, before me, a
�-
Notary Public in and for said State, personally appeared C. J.
Lowerison, Jr. , known to me to be Manager of the Right of Way and
Land Department of Southern California Edison Company, the corpora-
tion that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corpora-
tion herein named and acknowledged to me that such corporation
executed the same, pursuant to its by-laws or a resolution of its
board of director .
W ESS m n ' nd official seal.
0FEIC I,SL SEA,L�tl
. JOAN E. VOGELER
Notnry Puhik - C[A.YI�OYniCf
PRINCIPAL 0H CB 114 k
L']' 'ZG 5 COUNTY
h1Y COM/N ISSION EXPIRES NOVEM ESER 5, 1405rc
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Joint Use Agreement
S.C.E.Co. , a corp. , and the
City of Palm Springs
a municipal Corp. of the
State of California
STATE OF CALIFORNIA )
ss .
COUNTY OF LOS ANGELES )
On this _,(,/� day of /�yalq�, 19kaC.,/ before me, a
Notary Public i'n and for said State, personally
appeared a, ,,, Oyi;Cnr: _ , known to me to be an
Assistant Secretary of Southern California Edison Company, the cor-
poration that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corpora-
tion herein named, and acknowledged to me that such corporation
executed the same, pursuant to its by-laws or a resolution of its
board of directors .
WITNESS my hand and official seal.
pGGvC,z>GGiJOvOG•GP>�p -,yy,ry<,gGCGPGC
� ,Ma^+:ti OFFiCIA(.SEA!
9fEPA M. MPN -;y
-9��'^"s"'���j:� NO I MRV PU�3LIC-CPLir4XE�i1u.'1 r;
STATE OF CALIFORNIA ) a xti. .•J' LOS ANGELES COUWY G
68 e, yb—^' flfiy Cnmmissian Expires July ll, IJG9,
COUNTY OF RIVERSIDE
On this day of , 19 ,
before me, a N6,tary Public in andi said State, personally
appeared known to me to be
the Mayor, and , known to me to be the
City Clerk of the C-City o Pf abm Spr n-�gb,�th municipal corporation
that executed the within instrument, and ac owledged to me that
they executed the same n behalf of such municip 1 corporation.
WITNESS my hand and office 1 seal.
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