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HomeMy WebLinkAbout00834 - SO CALIF EDISON JOINT USE BELARDO MORONGO So. Calif Edison Co. - joint use agr relocation of util easement JOINT USE AGREMNIENT along por Belardo & Morongo Rd AGREEMENT #834 Res #10329, 5-8-72 1 THIS :YCT.EY'S ENT, =dc and e-atered Into tb--s Y "' day 2 19 7L , by and between SOU'^_':Ei T C::l?II'ORPdV, i EDT.SON COMP AIW 9 a corporation, hereinafter called "Company," and 4 the City of Palm Springs, a municipal corporation of the State 5 of California, hereinafter called "Ci'ty,dr 6 W I i N E S S E T H : 'E`UT IRMZ ZAS Company is the owner in powseasion or 8 certain rights of way and easements for electrical facilities by 9 virtue of the following easement rights: to Grant of Easement ,from 14aury I1. Pavny, et. 11 al. , Recorded Augua•t 23, 1357, in Soot. 2140, 12 page 114 of Official Record:, in the office 13 of the County Recorder of the County of 14 Riverside, in said State, and that certain 3-5 Grant of Easement from the Bureau of Indiana is ,Affairs for a period of 50 years , effective 17 December 1, 195i, and approved .Tune 2, 19599 18 hereinafter rafaxred to as "Company's 'easements" ; and 19 i,F EREAS City 'nas acquired easement rights for street 20 and highway purposes for the construction and/or improvement of 21 Belardo Road and Morongo Road in said City, County of Riverside, 22 State of California, hereinafter referred to as '"highway rights 23 of way," which said hi.-h-Way rights of gray are subject to 24 Compam, 's easements, and 25 WHESMAS Company's facilities as now installed and 26 located on said highway rights of way will interfere with or 27 obstruct the construction, recoaatructkon, maintenance or use of 28 said streets or highways, and City ie3ires to eliminate such 29 interference or obstruction; 30 NOW :IMULFOEZ�, in consideration of the premises and the 31 mutual coaenant_s herain cordtainod, Company 4nu City do hereby 32 agree .as follows : - 2 - 1 1. The location of Company'z eal�ments ta3ofav as 2 they now lie within the said highway rights of way, be, azid here- 3 by are changed to the strip of land within said highway rights of 4 way, hereinafter referred to as "new location," shown oia the blue 5 line print marked "Exhibit A," attached hereto and made a part 6 hereof. 7 2. Company agrees to rearrange, relocate and 8 reconstruct within said new location, any of its facilities 9 heretofore or now installed pursuant to Company's easements 10 within said highway rights of way, and Company does hereby 11 surrender and quitclaim to City all of Company's right, title 12 and interest to that portion of Company's easements only inso- 13 far as they are actually relocated within said highway rights 14 of way and included in said new location. Companny hereby 15 consents to the construction, reconstruction, maintenance or 16 use by City of a street or highway over, along and upon 17 Company's easements both in the old location and in the new 18 location within said highway rights of way, upon and subject to 19 the terms and conditions herein contained. 20 3. City acknowledges Company's title to Company's 21 easements in said new location and the priority of Company's 22 title over the title of City in said new location. Company has 23 and reserves the right and easement to use, in common with the 24 public' s use of said street or highway, said new location for 25 all of the purposes for which Company's easements were acquired, 26 without need for any further permit or permission from City. 27 Except in emergencies, Company shall give reasonable notice to 28 City before performing any work on Company's facilities in said 29 new location where such work will obstruct traffic. in all 30 cases,, Company shall exercise due care for the protection of the 31 traveling public. 32 4. In the event that the future use of said highway - 3 - 1 rights of way :hall at an;, time or tikes necessitate d rearrange- 2 �, ment, relocation, reconstruction oT -=oval of any of Company's 3 facilities then existing in said new location, and Civy shall 4 notify Company in writing of such necessity and agtee to reim- 5 burse Company on demand for it, costs incurred Lz complying with e such notice, Company will provide City with plans o% its proposed 7 rearrangement and an estimate of the cost thereof, and upon a approval of such plans b City, Com any will promptly proceed to pp p y Y . p 9 p p"` y 9 effect such rearrangement, relocation, reconstruction or removal. 10 Company shall exercise due care for the protection of tile 11 traveling public. 14o further permit or permission from City for 12 such rearrangement, relocation or reconstruction shall be 13 required and City will (1) enter into a joint use agreement on 14 the same terms and conditions as are herein set forth covering 15 any such subsequent relocation of Company' s facilities within 16 said highway rights of Tsay, (2) provide executed e;oc=ient (a) 17 granting to Company a good and sufficient easement or easements 18 over private property if necessary to replace Company's 19 easements of any part thereof, ar:d (3) reimburse Company for any 20 costs which it may be required to expend to acquire such easement 21 or easements, provided it is mutually agreed in writing that 22 Company shall acquire such easement or easements. 23 5. City agrees to reimburse Company for any loss 24 Company may suffer because of ar_y lack of or defect. in City's 25 title to said new location or ,any subsequent location within 26 said highway rights of way, or in the title to any easement 27 provided by City over private property, to which Company 28 relocates its facilities pursuant to the provisions hereof, and 29 City agrees that if Company is ever required to relocate its 30 facilities because of any such lack of or defect in title, City 31 shall reimburse Company for the cost of relocating its facilities 32 and any other reasonable costs arising; therefrom, such as, but - 4 - 1 not limited to, costs to acquire any right of way required for 2 such relocation. City shall not reimburse Company for any loss 3 caused by Company's own fault or negligence. 4 6. Except as expressly set forth herein, this 5 agreement shall not in any way alter, modify or terminate any 6 provisions of Company's easements. Both City and Company shall 7 use said new location in such a manner as not to interfere s unduly with the rights of the other. Nothing herein contained 9 shall be construed as a release or waiver of any claim for 10 compensation or damages which Company or City may now have or 11 may hereafter acquire resulting from the construction of 12 additional facilities or the alteration of existing facilities 13 by either City or Company in such a manner as to cause .an 14 unreasonable interference with the use of said new location by 15 the other party. City agrees that Company's facilities shall 16 not be damaged by reason of the construction, reconstruction or 17 maintenance of said streets or highways, by the City or its is contractors, and that, if necessary, City will protect Company's 19 facilities against any such damage, at City's expense. 20 7. Company shall have the right to trim or top any 21 tree or trees which may grow in said new location in said 22 highway rights of way, and which in the opinion of Company may 23 endanger or interfere with the proper operation or maintenance 24 of Company's facilities, to the extent necessary to prevent any 25 such interference or danger. 26 S. This agreement shall inure to the benefit of and 27 be binding upon the Company and the City and their respective 28 successors and assigns. 29 30 31 32 - 5 - 1 IN WITNESS WHEREOF, the parties hereto have caused 2 this agreement to be duly executed in duplicate as of the day 3 and year herein first above written. 4 SOUTHERN CALIFORNIA EDISON COMPANY 5 E By Manager of k1g5t 7 of Way and Ladd Department 8 9 By 10 iAssistant Secretary 11 12 13 CITY OF PALM SPRINGS 14 15 By city ManiiBS 'y 16 APPROVED AS TO FORM 17 ATTEST i f F.D. ALESHIRE r�r:;-s-•: ._.b� / 1 .fir 18 City,,Vil`er� City At 19 Pate rJ J Deplaty y Clark 20 21 APPROVED BY THE CITY COUNCIL BY 22 23 24 25 26 27 28 29 30 31 32 fs I 1 { r 1 fir'. PA LO VL-,r DE Y T ,3 I OCOTILLO CL ( a ELEC. ESft9'I. "TO 3 a SO. CAL.EMSON o crr 77 Mi0R0iv�rO 1 R©.� RANCHO TRAILER PARK SECTION 22 , T. 4 S., RA E. ,s�..�.�.><..........� -- CITY� OV PAUM4 ":ErMsRTM,,"P',N'Ti OF PUBLIC MAG'V,"", ENGINEERIK!G DIVISIOIl APPROVED: —, IV RIGHT-OF- VtW PLAT PUDLIC t' OV"I"S DIRECTOR R.C.E. JOINT U2-L AG EEW,_.,fl!' FOR BEL(1RDO DE SIGN BY: SCALE: FILE N2: Ci HOPON("O IRUAAO 'ir?I 9 F@ v,Ca G-"- L"E AEON F.0-N1. CFIECKED BY:� Dwr" 17 SHEET 14r- OF ,.�.. 40' 40' 1 O I r S cn 0' I lv �APPROX. CE OF EASEMENT 50' z 6-2-59 N . Q � V —� — - -- - 575t94' -- -- - -- - - - — a- MORONGO RDa N � N WI r / Q 44 APPROX.(LOF EASEMENT / PER. O.R. 2140/114 _ APPROXAOF EASEMENT - o A 6-2-59 FI V 330' — ---- - ! 95748 -- o — __o _" "� co_—_-- - ;J; - `7 BELARDO --� — R D. a N -01i r�N�-W. COR. t`LE. 1/4 N.E 1/4 SE. 1/4 W SECTION 22 30 POR. S.E- 1/4 5EC. 22 T.4 S., R.4 E.,S-B-M- L E G E N D ow.a ray AREA IN JOINT USE AGREEMENT (NEW LOCATION) PALM SPRINGS -- CL OF PORTION OF EASEMENT 2140/114 OR_ HEREIN MAP SHOWING AREA -- QUITCLAIMED. I N JOINT USE AC CL OF PORTION OF EASEMENT APPROVED 6-2-59 WITH THE CIT HEREIN QUITCLAIMED. •_"�� - 60 fURVryOR PALM SPRIN �uomn �r J.E. RNS ni�o �ooK RIVERSIDE CR[CR o � I I L.S. - �•n< 1 -3 8 72 SOUTHERN CALIFORNIA EDIE