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HomeMy WebLinkAboutA2283 - SCE EDISON JOINT USE iW 124 RFV. 8.70 S,G.E. CO. outhern a, . Edison Company - oint Use Agreement for under- RECCRDING REQUESTED BY - round overhead utilities san AMarco & Racquet Club SOUTHERN CALIFORNIA EDISON COMPANY AGREEMENT #2283 R1570_ 7-5-86- ----- WHEN RECORDED MAIL TO 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 day of 1936 , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, 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 : Recorded October 10, 1958, Book 2346, page 58, Instrument No. 730017 January 16, 1959, Book 2398, page 247, Instrument No. 4201; June 29, 1962, Book 3172 , page 313, Instrument No. 613277 June 29, 1962, Book 3172, page 202 , Instrument No. 61331 ; June 29, 1962, Book 3172, page 314, Instrument No. 61329; June 29, 1962, Book 3172, page 315, Instrument No. 61330; and June 29, 1962 , Book 3172 , page 199, Instrument No. 258983, 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 Indian Avenue 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" . City hereby agrees to pay for the total actual cost of relocation incurred by Company for relocating its facilities from Company' s easement and reconstructing the same in the new location, including, but not limited to, the cost of acquiring any easements or rights of way over private property. In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements over private property as may be required for the relocation of Company' s facilities to the new location, Company 0 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. 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 alto, RLOdiify or terminate any provision or 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 -2- 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. 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 CALIFO�RNIA EEDISON COMPANY By .�'E` 7 ��dC7 R. J. J liff Manager of Real Properties Department By ,I, ,V F ( Assistant Secr`,etary -- " ` CITY OF PALM SPRINGS APPROVE AS TO FORM By Z LM,, x CITY MAt,!AC ity Attorney Attest�_ c late x JUDITH SU'N.T—;H CITY CLERK STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this / tzday of� 19�, before me, a Notary Public in and for said State, personally appeared R. J. Juliff, known to me (or proved to me on the basis of satisfactory evidence) to be Manager of the Real Properties Department of Southern California Edison Company, the corporation that executed the within instrument, 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. WIT�N�ESSS my handand official seal. OFFICIAL SEAL bEBROH F. SMITH m Notary Public • Coli,< � PRINCIPAL OFFICE w 'P LOS ANGELES COUNTV MK CtlMMI55ION EXPIRES SEPTEMBER 28, 7957 -3- STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) 1- On this day of r�f(lZP(IMI4U , 19J�, before me, a Notary Public in and for said State, personally appeared A L. Gustafsov , 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, 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. C17:i 'L SEAL � € ' kVa. Pri fib `� IQCCP-11 QC::C - CALIPOFiIIA i�p OFFICE IN i. LOS ANC--ES COUN11 STATE OF CALIFORNIA ) � My Commission mires mly 11, 1997 �• COUNTY OF RIVERSIDE ) On this 26th day of February , 19 86 , before me, a Notary Public in and for said State, personally appeared - - - - - Norman R. Kin - - - - - - - - - , known to me (or proved to me on the as>_s o sans actory evidence) to be the _City Manager and - - - - - Judith Sumich - - - - - - known to me (or proved to me on the basis o sans actory evidence) to be the Citv Clerk _ of the City of Palm Springs, the municipal corporation that executed the within instrument, and acknowledged to me that they executed the same on behalf of such municipal corporation. -� OFFICIAL SEAL WITNE S my hand anI official seal . r, ''!. ANN'E E WICKLIN 1 -¢•^ NOTARY PUBLIC -CALIFORNIA M RIVERSIDE COUNTY;^" My Comm. expires MAY 22, 1959 8022/am -4- 1 � J Iz" IZ• - 8 40' 44 IZ i INDIA 4a�{I10 _ I I O Nam— m AVE IIK4+' m J o U a N 2 5�2 w � of 7i� Q 2 K �I �R 440 as ab i SCALE IN FEET Q 1 ioo zqo 300 400 - REAL PROPERTY DIVISION I_ � 30 so so izo APPROVED7—� -SCALE IN METERS ERNIE G. SLEVINS REAL PROPERTY SPECIALIST rW. J.D. USE WITH ESIGN BY: SCALE: FILE NO. / THEACITY JOFNPALM SPRINGS DATE CHECKED BY: DWG. NO.: SHEET NO. SER. E. G. B. ,+ OF R'V 124 REV. 6-70 S C.E. C�p ,,,... Jz RECORDING REQUESTED SYS 2 cILI c cc W SOUTHERN CALIFORNIA EDISON �0 Co uy COMPANY Cca Q' LL n Co E o WHEN RECORDED MAIL TO p N a o SOUTHERN CALIFORNIA EDISON COMPANY w m x � 2 U1 $¢ A � a y SPACE ABOVE THIS LINE FOR RECORDER'S US � l I / DOCUMENTARY TRANSFER TAX - COMPUTED ON FULL VAI PROPERTY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SOUTHERN CALIFORNIA EDISON CO SIGNATURE OF UECLARANT UR AGENT DETERMINING TAX, FIRM NAME JOINT USE AGREEMENT L p THIS AGREEMENT, made and entered into this . JY day of i?-114 6cZr 7.` )/ 19,f_6C , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a c # poration, 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 : Recorded October 10, 1958, Book 2346, page 58, Instrument No. 73001; January 16, 1959, Book 2398, page 247, Instrument No. 4201; June 29, 1962, Book 3172, page 313, Instrument No. 61327; June 29, 1962, Book 3172, page 202, Instrument No. 61331; June 29, 1962, Book 3172, page 314, Instrument No. 61329; June 29, 1962, Book 3172, page 315, Instrument No. 61330; and June 29, 1962 , Book 3172, page 199, Instrument No. 258983, 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 Indian Avenue 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" . City hereby agrees to pay for the total actual cost of relocation incurred by Company for relocating its facilities from Company' s easement and reconstructing the same in the new location, including, but not limited to, the cost of acquiring any easements or rights of way over private property. In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements over private property as may be required for the relocation of Company' s facilities to the new location, Company EDISON VAULT ORIrINA' '