HomeMy WebLinkAboutA2071 - SCE EDISON JOINT USE CREE RELOCATION RW TR4 REV.6.70
-S.C_E. CO.
RECORDING REQUESTED BY-* 03o. Calif Edison Co. Joint
Use Agr to Relocate its facil
SOUTHERN CALI�ORNIA EDISON COMPANY to Cree Road, Sec. 20
AGREEMENT #2071
WHEN RECORDED MAIL TO Res 15015, 4-18-84
SOUTHERN CALIFORNIA EDISON COMPANY
-- SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $-
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SOUTHERN CALIFORNIA EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this It day
of THIS
19�, by and between SOUTHERN CALIFO"Company" ,
theEDISON
CI
COM NY, a corporation, hereinafter called "Company" , and the CITY
OF M SP INGS, 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 :
GRANT OF EASEMENT recorded March 1, 1927 as Instrument
No. 8, Book 706, Page 249 and Grant of Easement recorded October 24,
1958 as Instrument No. 76751, Book 2353, Page 526, 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 Cree
Road in said City, County of Riverside, State of California,
hereinafter 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
obstruction;
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" , and shown and designated as "area in
Joint Use Agreement" on said print marked "Exhibit A" .
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, 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 .
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Joint Use Agreement
S.C.E. Co. , a corp. , and the
City of
a municipal corp. or the
State of California
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
Company' s facilities in said new location where such work will
obstruct traffic . In all cases, Company shall exercise due care for
the protection 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,
relocation, 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, reconstruction 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
property, 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 a manner as not to interfere unduly 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 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.
2
3,
i
Joint Use Agreement
S.C.E. Co. , a corp. , and the
City of
a municipal corp. of the
State of California
Serial No.
Company shall have the right to trim or top any tree or
trees which may grow in said new location in said highway right of
way, and which in the opinion of Company may endanger or interfere
with the proper operation or maintenance of Company' s facilities, to
the extent necessary to prevent any such interference or danger.
This agreement shall inure to the benefit of and be
binding 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
Bik
C. J. Lowerisoh, Jr'.
Manager of �_ -✓
Right of Way and Land
Assistant Secretary
CITY OF PALM SPRINGS
APjfPROVV DAS TO FORM
By
City Attorney
late - Attest:
STATE OF CALIFORNIA ) By kFS. N1)
ss . --
✓ 1
COUNTY OF LOS ANGELES )
On this �� day of , 19 before me, a
Notary Public in and for said Sta , perso ally a peared C. J.
Lowerison, Jr . , personally known t me (or proved to me on the basis
of satisfactory evidence) to be Manager of the Right of Way and Land
Department of Southern California Edison Company, the corporation
that executed the within instrument, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person
who executed the within instrument on behalf of the corporation
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 Aaid nd official seal. {Hy
.. oPC fL_S_
A
AhI E.cVOGELE 11
Notary P - In Ea
PRINCIPAL OFFICE IN
s
LOS ANGELES COUIgTY
RN MY COMMISSION EXPIRES NOJEM,L'ER 5, 1985 L�S
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STATE OF CALIFORNIA )
ss .
COUNTY OF LOS ANGELES )
On this / day of 0-1 r� 19 " �� before me, a
Notary Public in and for said State, perso ally
appeared IL L. M0riQxd.""3(1sk , personally known to
me (or proved to me on the basis of satisfactory evidence) to be an
Assistant Secretary of Southern California Edison Company, the
corporation that executed the within instrument, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument on behalf of the
corporation 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 .
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�' is . cne.re'arcatR.
STATE OF CALIFORNIA ) 32 ) mnnv r
as
4t o r prifirlanl n
COUNTY OF /0 Aa.�P f i C ) "r toy ataGE ES co iPd�v
—� ��
On this day of
before me, a Notary Public in and for said State, personally
appeared 2Z�1,ven,r ,r�C!„r.... , personally known to
me (or proved to me on the ba 16 of satisfactory evidence) to be
the d_M/�jAl and ��re ��,,,��, personally known
to me (or 15roved to me on the basis of satisfactory evidence) to be
the C,,,tq P410.,_L, of the City of /0 - ,; , the
municipal that executed the within instrument', and
acknowledged to me that they executed the same on behalf of such
municipal corporation .
WITNESS my hand and �official seal .
S MA2SHALL
NOTARY rUii[IC - GVIJFORNIA
2048/am .r;v
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61.4' 1.51 � J� _ _ ROAf1 _
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18'
17.6' \�5 7'
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215 4'
404.5' 575'
626.3 802'
SCALE T FEET
p IOO 20C 300 4I IC X H � !I� � T /r�
IG /\ I�IIL� Y A`S
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30 60 SO 120 45-118
J.O. Y.S. 46-118 _
SCALE IN METERS BATALLION 12f6.9KY OUT OF EISENHOWER
MAP SHOWING AREA TO BE
USED IN JOINT-USE WITH THE
CITY OF PALM SPRINGS
nATr
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CORTROL
NO. oatt MOLL no
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SOOT"M CALWOMM F1L5011 CtlIPW $s`�j�■p9(j1 , .� q ��"
CAII)pAMA FlMSON COdPANY 8 t7 g�
!. 0. lox 430 y/ �:. � ¢ '� +
LIMO WR, Cl. fwl
R'I I lead Dept.
=SL')Ol .. c 3 G!�1NFioq: l i t'.
_.._.—_.._ —*PA"AN V1 THIN LIM FOR INCefeasne ls,
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J03'INT USE AGREEMENT
THIS AGR ENT, madr and entered into this JL day
of 19 by and between SOUTHERN CALIFORNIA EDISON
V. , a ,'orrt on, hereinafter called "Company", and the CITY
of SP INGS, a municipal corporation of. the State of California,
hereinafter caller] "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,
GRANT OF EASEMENT recorded March 1, 1927 as Instrument
No. 8, Book 706, Page 249 and Grant of Easement recorded October 24,
1958 as Instrument No. 76751, Book 2353, Page 526, hereinafter
referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and
highway purposes for the cunstruction and/or improvement of Cree
Road in said City, County of Riverside, State of California,
hereinafter referred to as "highway right of way", as shown on the
print attached hereto, marked "Exhibit A" and hereby made a pert
hereof which acid 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
obstruction;
HOW 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", and shown and designated as "area in
Joint Use Agreement" oil said print marked "Exhibit A".
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 convents to the construction,
reconstruction, maintenance or use by City of a street or highway
river, ^tong and upon Company's easement, both in the old location
and it, the new location within said highway right of way, upon and
subject to the terms and cowlitiooi herein contained.
EDMON VAULT ORIGINAL
�,yJa• {Marx w(+,
(Call mui
mc0 DAIL mni.t.Wo.
46sus I}A-M!-065 eS"700e
Joint Vl ,� ✓1Ylji,Fmvnt
3.C.F— Co., a corp., and the
City of
a municipal Corp, QV Line
of California
p; 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
1.4 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
Company's facilities in said new location where such work will
obstruct traffic. In all cases, Company shall exercise due care for
the protection 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,
relocation, reconstruction or removal of any of Company's facilities
then existing in said new location, and City shall notify Company in
writing of much necessity and agree to reimburse Company on demand
for its coats 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, reconstruction 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 much 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 ove• 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
easementm, provided it is mutually agreed in writing that Company
shall acquire such easement or easements.
City agrees to reimburse Company for any lose Company may
suffer because of any lack of or defect in City'■ 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
property, 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 reim,+urse Company for the cost of relocating its
facilities and any other reasonable costa 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. [loth City and Company shall use said new
location in such a manner as not to interfere unduly with the rights
of the other. Nothing herein contained shall be construed an 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 cono:Lruciion of additional facilities or the alteration of
existing facilities by a;ther City or Company in such a manner as to
eanee an unreasonable interferetice with the use of said new location
by the other party. City agrees that Company's facilities shall not
be Jamaged may reason of the construction, reconstruction or
maintenance of said street or highway, by the City or its
,—ntra-t^rs, and that, if necewsary, Cit} will protect Company's
tac,lities against an,, st—h damage, at Crti 's expense
r
.+Yu...wr.` +w..-W.+.a ..�.-Y :r.FM„�V"'+f.•VhF+«-rM-.r. "4 �WM
I� -w�� r.wr'+, i'•w +4rW+hFrrnw« �YM�a'�Fr�.a- ....
.ryr... _W. •rk..IWIM�wW-wM\Y+r .r:IlryuY 4Y.s •-.•
rrYi
cod calS=oronlo
. . Co_:rono cha9l hs!vo the rt<i;nt to t _ or to}> nny o-
-eeo Piet clv :toP 9_-0v an
n ni n.w location iu _ . o'
in thu ool: ; -" endaa5r,^ orloth 0. z } ;
-net.fer.✓
o o'[ntinn or :Innnteanunr of COI '2e:ny'u to
vino c:cca:: nreccooc+t to p✓event ;fury e.ucn :nth,Serener o-�da;�g.: .
eiun arJroenent- ohell truce to t ., ba.efft o_ -... 6-2
blllding upon the conp>an_v snud tlnu City .nnd LiFeic' fenncct zvc
E❑ F7T^e L9F.SS FvHEC[:gOv,, the r n hereto have Ceased :Lie
to
c,q n'ercant. eo C::ec:uted in dm.>!ICLce by tdie41- Cn dficean
thouctmto <]uiv an'choelneci', ao of CLu c:ey anu ym; herein ` +-_- et ::Dove
va'stten.
SO UT71C._l Cnt.lnest!=r_ -DISC:, cl-`,-2E
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Fi
C.-J.
M.'ncg-f
^fight o� W'3" rend L-'Dd
zlL -
A-,nistant
CPTH OF 2.UL 7 SPRINGS
-PPFCOVED AS TO FC;n,2
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�=L•ty Adorn ^ / 1
STR^1C O^ Chj1KII O:'ll L:.
D E1Y Red.f^:C?.
C=427 OF LOG d_'GGLEIS )
iia'tar,7 vubl:c an tnd for razd ._ !�c, p_r'7"�onr.E iy ado"afec3 C. J.
P.oxot-'Zen' a'e Ysen-:;ona d?++ i:rolm'zo to SJn otavad to r:, a: tit, c_o7e
of cattio C,ectary ev'i d.^noo{ to be of t .e CdgLt of. [ - and S,c Dd
D:nc,r tnmet Oi Soucixcrn Cali+iorD?a euiY;cao Co:+r>an++, t'tO ro,_.I:r:ataeD
Lb, -' r :ccutod Lhe. vi'LMw An:JLLL,U x'nL• -__Dano.P.g known Lo s!o (or
nru"! to ne on the LODic Of eatia`acnor: vvidenee) fU o, elxu r cwn
alao ea eenced LOe vs;iin inutru-:ent on beLal= of the cot coc�::xou
tl':cd' anf. ack Dowledged to 2,..e thnC Duch corporot Ion e:acutad
Cho onuc, Pi.!r;uanC to ttD by-lawn or a rocoluCon of- f,ar beard of
cli rcc Lo.- �.
td 0Cf_•Ca.r-d
ci i
f
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u 1 �
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�.`aW,W 4 �a� wY�1 --...+iY�1y�1YY11fI�Y��Y4i - .:1 1. -• 11 ililimillol milli III Will
Nlmmb
IN
YMAatlIMMiXN1�
'Y►�M1dY
ca,
Oh thin �tl� day O_ �I:. l:OC❑sp Culol .. -.11,lyl5 •f./ O^__cv:� _, .-.
• . ,l?p:'a reelWO :r'ronrid l++ i:.lO ,u :n
ra (or provedomf on:`•the y;..,io of ::mtiOl ctor : ovir'a-nuu) to
arn:ouur,. fSeccctasp of SOuChern Culitornia E.d a.tion Conpam�, ;-pin
cerno_nteon Chat ca`cuIlcd LLc ::_Chin inatrum^_nt, ;=CSJOUQIly known L.
{or provecl to no on tho har,ic; of ;'iidoocc) Lo uo Ciro
_i:c.n w1lo emocut'I t11e rP L?IiA lnntY"un: :a on boV r 04 the
co'.'poraLion hc:'cin nau:ccl, and acknowF slated to me chat euc:±
corpo:'OCion eneeuted file s.n9e, Pu.Juan: to itc by-laws oc a
..coolution Oi itC- hoard o€ d_ra:;c Lore.
n1^u Clq:35 21" ho n[7 and ofiicxal mml.
Sec eC O? C?Li:l•OF,:1SA ) V' y�,�,�,e...�COW it
CCJt.e_ O:
Ou U)ln _;1 °-f t.e day o`
iJ.)nOPC Oe, a PoLary Llub SC eil lend fOr Ga3L S•tp tC, 1»i'GOIIFIIn;!
Imo.;❑ Ce
oc (Or ?vovcd to rc on the ^r.�eis�oer�^atio'iactor,_• '_dencc) to bo
xhe Jam'-:y,'re and w ��V _' s xd,_icnrcona 2l„ kno:;n
Co L:6 �or p.:oved to tmo on"Llle baaaa od ,:n'�infac torn caddcnce) Lo ioe
Lhe d°.r'-r_�_v'e`"��I�+t of the Cl E;, o. gJt9y�?:Y,_,—..,,�.,isr tine
runicapal corpora Lion Lhat c:cecu Gad the iLli Ln all.tlI olt, -�nd
achnovledaged to no that they e:<acutcd the same on behalf of ouch
municipal , orporation.
F➢=" T]SS t.j hand and of.izcinl ocal. ,
,
Xp� p'J y lAL
OLIIIE S MAAi,,
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I•IT ��MbMI!
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RGSf1LU-i;,u�l C11. aSrP:,
G: -10E GUY C&UtTit. L," T1; C's' Y ii7 PC[.fi S,
ClIL2iZCi:di4,
Qa)Tlkfl; %i1u1'G'fL :'. i:L3'i qj; Cry.fJi7.
LALi;i:;15 ;:er,.nin lands irii,hin Sae"r,io�i 29, Towns b1D 4 Sautfr, R%,lice 5 fac L,
S.D.J. I). ,11ong &alf Club Drive is bei1l davrlo;,cd as ❑ conult:ain ii+„ projcc t;
ruc
portioa Gf C'i Road will be in.droved cs C Dar' or the dsvelepcmcni;
zad
I'NTEfiS SouCl;erea CJiiornia Edison is being recuired to relncatc eer:ain o�
Their rcC.il ities for ;inch they hevo an erseMent to orrn ;ide as the
n.'wovca ants rand
Ill:;i"HRs Sou thorn Cal iiorniu Edison i5 requesting a Joint Use Y,L•re—en, Frcn
the Ciiy 6or xheir na:a➢y relceaLed fcfli Llas; and
;IEREAS it 41as been li21LLI' lin2d to he In Lha best Interest o.- th^ City to
Q::BCh to said JoinL Use
l70'), TI:L'RF.F6^E 6E IT RESOLVED, by the Ci'L)'
iollo: Council a'. thz G1Ly m- i°e➢, Spring,
SECT@013 1. T;ae JoinL Use ilg�°x.aenL with SouLhann Ca➢cornia EdIso.a Ca.acny
for the clectrirt1 raci➢icies along once i;oad is hcrehp ap-reved.
S CT➢G:1 2. The City F1ana0er and the City C➢erh c„ hai directed tp e.eocute
the docu;anz on behaly OF the City and deliver it to Southern
C014,craio Edison Ccxpany.
:,DG7ED this loch day OF April 1n 8'
APES: Councnlncniooro ➢ircr, :aotu., tlrjauov, &IiLh and 11:yor Bogert
(;Gas: none
fUsUlT: [Icac
A iCST: CITY 07 PALII 5!'AINGS, CALTFOaNI,1
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