HomeMy WebLinkAbout00724 - SO CALIF EDISON EASEMENT INDIAN VISTA CHINO► . g
SO. CALIF. DDISON CO. - Joint use
JOINT USE AG agr re utility easement on W side
Indian Ave, No of Vista Chino
AGREEMENT #724 (Original 9-14-70)
Res 9838, 9-14-70
1 THIS AGREEMENT, made and entered, into this / 'j day
2 0£ ., , 19%`-'' by and between SOUTHERN CALIFORNIA
3 EDISON COMPANY, a. corporation, hereinafter called "Company", and
4 the City of Palm Springs , a. municipal corporation of the State of
5 California., hereinafter called. "City",
6 W I T N E S S E T H
7 THAT WHEREAS Company is the owner in possession of
8 certain rights of way and easements for electrical facilities
9 by virtue of the following easement -rights:
10 Grant of Easement from Albert J. Fox,
11 recorded April 10, 1959 , in Book 2449,
12 page 328 of Deeds , County of Riverside
13 hereinafter referred to as "Company's easement"; and
14 WHEREAS City has acquired easement rights for street
15 and highway purposes for the construction and/or improvement
16 of Indian Avenue in said City, County of Riverside, State of
17 California, hereinafter referred to as "highway right of way",
18 which said highway right of way is subject to Company's
19 easement; and
20 WHEREAS Company's facilities as now installed and
21 located on said highway right of way will interfere with or
22 obstruct the construction, reconstruction, maintenance or use of
23 said street or highway, and City desires to eliminate such
24 interference or obstruction;
25 NOW THEREFORE, in consideration of the premises and the
26 mutual covenants herein contained, Company and City do hereby
27 agree as follows:
28 1. The location of Company's easement insofar as it
29 know lies within the said highway right of way, be, and it hereby
30 is , changed to the strip of land within said highway right of
31 way, hereinafter referred to as i°new location" , shown on the blue
32 Line print marked "Exhibit A", attached hereto and made a part
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1 hereof.
2 2. Company agrees to rearrange, relocate and,
3 reconstruct within said new location, any of its facilities
4 heretofore or now installed pursuant to Company's easement within
5 said highway right of way, and Company does hereby surrender and
6 quitclaim to City all of Company's right, title and interest
7 under or by virtue of Company's easement in the old location
8 within said highway right of way and not included in said new
9 location. Company hereby consents to the construction,
to reconstruction, maintenance or use by City of a street or
11 highway over, along and upon Company's easement both in the old
12 location and in the new location within said highway right of
13 way, upon and, subject to the terms and conditions herein
14 contained.
15 3. City acknowledges Company'stitle to Company's
le easement in said new location and the priority of Company's title
17 over the title of City in said new location. Company has and,
18 reserves the right and easement to use, in common with the
19 public's use of said street or highway, said new location for
20 all of the purposes for which Company's easement was acquired,
21 without need for any further permit or permission from City.
22 Except in emergencies, Company shall give reasonable notice to
23 City before performing any work on Company's facilities in said
24 new location where such work will obstruct traffic. In all
25 cases , Company shall exercise due care for the protection of the
26 traveling public.
27 4. In the event that the future use of said highway
28 right of way shall at any time or times necessitate a, rea.rrange-
29 ment, relocation, reconstruction or removal of any of Company's
30 facilities then existing in said new location, a.nd, City shall
31 notify Company in writing of such necessity and agree to
32 reimburse Company on demand for its costs incurred in complying
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1 with such notice, Company will provide City with plans of its
2 proposed rearrangement and an estimate of the cost thereof, and
3 upon approval of such plans by City, Company will promptly
4 proceed to effect such rearrangement, relocation, reconstruction
5 or removal. Company shall exercise due care for the protection of
6 the traveling public. No further permit or permission from City
7 for such rearrangement, relocation or reconstruction shall be
8 required and City will (1) enter into a joint use agreement on
9 the same terms and conditions as are herein set forth covering
10 any such subsequent relocation of Company's facilities within said
11 highway right of way, (2) provide executed document(s) granting
12 to Company a good and sufficient easement or easements over
13 private property if necessary to replace Company's easement or
14 any part thereof, and (3) reimburse Company for any costs which
15 it may be required to expend to acquire such easement or easements,
16 provided it is mutually agreed in writing that Company shall
17 acquire such easement or easements .
18 5. City agrees to reimburse Company for any loss
19 Company may suffer because of any lack of or defect in City's
20 title to said new location or any subsequent location within said
21 highway right of way, or in the title to any easement provided
22 by City over private property, to which Company relocates its
23 facilities pursuant to the provisions hereof, and City agrees
24 that if Company is ever required to relocate its facilities
25 because of any such lack of or defect in title, City shall
26 reimburse Company for the cost of relocating its facilities and
2,7 any other reasonable costs arising therefrom, such as , but not
28 limited to, costs to acquire any right of way required for such
29 relocation. City shall not reimburse Company for any loss caused
30 by Company's own fault or negligence.
31 6. Except as expressly set forth herein, this
32 agreement shall not in any way alter, modify or terminate any
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1 provision of Company's easement. Both City and Company shall use
2 said new location in such a manner as not to interfere unduly
3 with the rights of the other. Nothing herein contained shall be
4 construed as a release or waiver of any claim for compensation
5 or damages which Company or City may now have or may hereafter
6 acquire resulting from the construction of additional facilities
7 or the alteration of existing facilities by either City or
8 Company in such a manner as to cause an unreasonable interference
9 with the use of said new location by the other party. City agrees
10 that Company's facilities shall not be damaged by reason of the
11 construction, reconstruction or maintenance of said street or
12 highway, by the City or its contractors, and that, if necessary,
13 City will protect Company`s facilities against any such damage,
14 at City's expense.
15 7. Company shall have the right to trim or top any
16 tree or trees which may grow in said new location in said, highway
17 right of way, and which in the opinion of Company may endanger or
18 interfere with the proper operation or maintenance of Company's
19 facilities , to the extent necessary to prevent any such interfer-
20 ence or danger.
21 8. This agreement shall inure to the benefit of and
22 be binding upon the Company and the City and their respective
23 successors and assigns, —
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1 IN WITNESS WHEREOF, the parties hereto have caused
2 this agreement to be executed in duplicate by their respective
3 officers thereunto duly authorized, as of the day and year herein
4 first above written.
5 SOUTHERN CALIFORNIA EDISON COMPANY
By
7 Vice President
8
By
g "�sta.nt:,'5ea�:�tary
10
11 CITY OF PALM SPRINGS
12 y i . ,' Z".
By
13 Mayor F
14
15 ATTEST;
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17 �cs G City Clerk
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Ui. Ark'E"L'IVtF/l/T EXHIBIT A
n/T W. 7H 77,4M'
CITY OF P,4z/v SPC'/1v(,5.S
d-30-70 SOUTHERN CALIFORNIA EDISON CO.'
FORM RW 46 3M 9-37 y / ry� ',�[�