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HomeMy WebLinkAbout25N023 - Southern California Edison (Grant of Right of way - R 24-05-1901)CONTRACT ABSTRACT Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Contract Administration Lead Department: Contract Administrator: Contract Approvals Southern California Edison (SCE) Grant of Easement R 24-05-1901 (Easement to SCE for electrical service for DISH) N/A N/A N/A Engineering Services Diana Shay Council/ Community Redevelopment Agency Approval Date: 1-23-2025 Agenda Item No./ Resolution No.: I K Agreement No: j5poa.3 Contract Compliance Exhibits: Included Signatures: included Insurance: included Bonds n/a Contract prepared by: Engineering Services Submitted on: 1-27-2025 By: Diana Shay Please execute Grant of Easement and return to Diana Shay. SCE will fully execute and record the document and return a recorded copy to the City. RECORDING REQUESTED BY SOUTHERN CALIFORNIA rl EDISON WHEN RECORDED MAIL TO SOf THERM CALIFORNIA EDISON CONIPAM 2 INNOVATION WAY. 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc No GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX S NONE Palm Springs TD2011406 VALUE AND CONSIDERATION LESS THAN S100.001 SCE Cwwy cv . HZ 9c OF mcU TMA0EW OryEM mTAX Flft lC MM 5502-200-001 WG 1AND�A SLS'BT 11 19'2B24 WNAGEMENT (M A.R / S.L.H H. CITY OF PALM SPRINGS, a charter city and municipal corporation (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 solely 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, hndholes, 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, data and:or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property ("Easement Property") in the County of Riverside, Slate of Califomia, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF. All costs and expenses however related to the exercise by Grantee of the rights granted in this Grant of Easement, property taxes and or other assessments attributable to, or assessed upon, the Easement Property, the Systems, and. or the easements and rights (and exercise of such rights) granted in this Grant of Easement shall be at Grantee's sole cost and at no cost or expense to Grantor. Grantor and Grantee acknowledge and agree that the easements and other rights conferred by this Grant of Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective grantees, successors, and assigns. Without limiting the foregoing, Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement; provided, however, that such right of assignment shall not in any way be construed as releasing each assignee, transferee, or purchaser from any obligation owed to Grantor as set forth in or created by this Grant of Easement or in any way limit Grantor's remedies at law or in equity as against each assignee, transferee, or purchaser, and, if requested by Grantor, each assignee, transferee, or purchaser shall acknowledge the foregoing in a signed writing addressed to Grantor. All right, title, and interest in and to the Easement Property which may be used and enjoyed without interfering with the easements and rights granted to Grantee pursuant to this Grant of Easement are reserved to Grantor; provided, however, Grantor agrees for itself and its assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the Easement Property. The Grantee, and its contractors, agents and employees, with prior written notice to Grantor and at Grantee's sole cost and expense and at no cost or expense to Grantor, shall have the right to trim or cut tree roots as may endanger or interfere with the Systems ; provided, however, that such trimming or cutting shall be in such a manner as will cause the least injury to the surface of the ground around such trimming and cutting, 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 trimming and cutting as is reasonable. To the extent that Grantee, in the exercise of its discretion, determines that this easement is no longer needed, then upon written request, Grantee shall execute a quitclaim deed on a mutually acceptable form at no cost to Grantor. Grantee hereby agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, liability, and damages caused by Grantee's activities related to said easement, except to the extent that such claims arise from the negligence or willful misconduct of Grantor, its employees, agents and contractors. It is the intention of the Parties that the laws of the State of California shall govern the validity of this Grant of Easement, the construction of its terns, and the interpretation of the rights and duties of the Parties, without regard to conflicts of law principles and venue being in Riverside County. This Grant of Easement represents the entire agreement between the Parties with respect to the subject matter of this Grant of Easement and supersedes all prior or contemporaneous written or oral agreements or understandings of any kind between the Parties with respect to the subject matter of this Grant of Easement. This Grant of Easement may not be amended or modified except by a writing signed by each Party. No provision hereof may be waived except by a written agreement signed by the waiving Parry, and the waiver of any term or of any condition of this Grant of Easement shall not be deemed to constitute the waiver of any other term or condition of this Grant of Easement. Upon execution of this Utility Easement by all parties, Grantee shall cause this instrument to be recorded with the Recorder's Office of Riverside County at the earliest opportunity. DSER02397543 f D2011400 EXECUTED this dar of APPROVED AS TO FORM 66 ATfORNEY ATTE City Clerk 2D GRANTOR CITY OF PALM SPRINGS, a municipal corporation Si afore Print Name •// Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged to me that he.sheAhey executed the same in his/her.'their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) APPROVED BY CITY COUNCIL 251Ja�3-Sant„t�y 3 e20,z5 T-F<w� 1./� DSE802387543 TD201 1406 EXECUTED this day of , 20 _ GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that he she.hhey executed the same in histherdheir authorized capacity(ies), and that by his'hertheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DSE802387543 'I'D201 1406 EXHIBIT "A" RIGHT-OF-WAY / EASEMENT DEDICATION APPROVED LEGAL DESCRIPTION R 24-05-1901 A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT PORTION OF LOT 26 IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY COLONY LANDS, AS PER MAP RECORDED IN BOOK 14, PAGE 652 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, SAID PORTION IS MORE PARTICULARLY DESCRIBED IN THE DEED TO THE CITY OF PALM SPRINGS, RECORDED ON JULY 18, 1946 IN BOOK 766, PAGE 81 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 98.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF THE WESTERLY 280.00 FEET OF SAID LOT 26 WITH A LINE PARALLEL WITH AND DISTANT 133.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF BARISTO ROAD, 44.00 FOOT HALF -WIDTH, AS IT NOW EXISTS; THENCE PARALLEL WITH SAID EASTERLY LINE, NORTH 9.63 FEET; THENCE EAST 18.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT. THE ABOVE -DESCRIBED STRIP OF LAND CONTAINS AN AREA OF 166 SQUARE FEET (0.0038 AC.), MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. Prepared by me or under my supervision: Dated: ;ZO 2024 CrIeRS�i�/a!IB-ate enn M. Bakke R.C.E.#18619 Exp.06-30-2025 SHEET I OF I C7 cc�N M. eq\ No. C-18619 010, OF CAL DSES02387543 TD2011406 30' 30' O wa 12 f► � � 0 EXHIBIT "B" BARISTO ROAD It It BARISTO ROAD SITE— 3 N3 Lu Ln z O Z J S a (n RAMON ROAD VICINITY MAP EASTERLY LINE OF POR. LOT 26 THE WESTERLY 280' SEC. 13, T4S. R4E. S.B.B.&M. OF LOT 26 TERLY LINE) PALM VALLEY COLONY LANDS OF LOT 26 I (M.B. 14/652) SAN DIEGO COUNTY I I I I POR. LOT 25 �I I' I I I PER DEED REC. 07/18/1946 IN BOOK 766, PAGE 81, O.R. RIVERSIDE COUNTY LEGEND l DENOTES SCE EASEMENT L_ I -j APPROX. AREA = 166 SO. FT. P.O.B. = POINT OF BEGINNING P.O.T. — POINT OF TERMINUS P.O.B. 280'— Dated D-st, 1-� 2024 18.00' SCE EASEMENT 6' WIDE — P.O.T. IORTH 9.63' r No. C-16619 * Exp CIV11- OF CAV 50 0 50 100q�� -- scole 1 50' feet Glenn M. Bakke R.C.E./ 18619 Exp. 6 30--25 CITY OF PALM SPRINGS ENGINEERING SERVICES SEE EXHIBIT "A" rawr«,arm.9 , , 1 b- --szr- B1 BT )BY. SM