HomeMy WebLinkAbout00836 - SO CALIF EDISON JOINT USE BOGIE VISTA CHINO So, Calif Edison joint use 3gr
1 relocate util easement on par of
Bagie Rd, So. of Vista Chino
2 AGREEMENT 1�836
Res #10333, 5-8-72
JOINT USE AGREEMENT
4
5 THIS AGREEMENT, made and entered into this day of
6 19'7L- , by and between SOUTHERN CALIFORNIA
7 EDISON COMPANY a cor
poration, hereinafter called "Company," and
8 the CITY OIL PALM SPRINGS, a municipal corporation of the State of
9 California, hereinafter called "City,"
10 W I T N E S S E T H
11
THAT WHEREAS Company is the owner in possession of
12 certain rights of way and easements for electrical facilities by
13 virtue of the following easement rights :
14 Grant of Easement from EL RANCHO VISTA ESTATES,
15 INC, a corporation, recorded as Instrument No.
75554 on August 26, 1960, in Book 2757, page 32
16 of Official Records, in the office of the County
Recorder of the County of Riverside, State of
17 California,
18 hereinafter referred to as "Company' s easement" ; and
19 WHEREAS City has acquired easement rights for street an
20 highway purposes for the construction and/or improvement of Bogie
21 Road in said City, County of Riverside, State of California,
22 hereinafter referred to as "highway right of way," which said
23 highway right of way is subject to Company's easement; and
24 WHEREAS Company' s facilities as now installed and
25 located on said highway right of way will interfere with or
26 obstruct the construction, reconstruction, maintenance or use of
27 said street or highway, and City desires to eliminate such
28 interference or obstruction;
29 NOW THEREFORE, in consideration of the premises and the
30 mutual covenants herein contained, Company and City do hereby
31 agree as follows:
32 1. The location of Company' s easement insofar as it no
lies within the said highway right of way, be, and it hereby is,
^ r
2
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changed to the :trip or land w,ita.sizt 1-{wghwa, right or way,
' 2
hereinafter referred to as `ne-w location," shown on t"P a bl% e i le
3
print marked " Exhibit P,"° attached hereto and made a ga,wt hereof.
4
2. Company agrees to rearrange, relocate azc
5
reconstruct within said new location, any of its faciT_itizz
6 heretofore or now installed pursuant to Company's easement within
7 said highway right of way, and Company does hereby surrender and
8 quitclaim to City all of Company's right., title and interest to
9
that portion of Company's easement only insofar as it waa actually
to
relocated within said highway ri.mht of way and included T.n* said
11 new location. Company hereby consents to the construction,
12 reconstruction, maintenance or use by Ci.t;7 of s ;;tree$ or highway
13 over, along and upon Com an 's eas'emex�Y both in tia old location
;� p p y on
14 rand in the new location within said highway ri.�ht of way, upon
15 and subject to the terms and conditions herein contained.
16 3. City acknowledges Company's title to Company's
17 easement in said new location and the priority of Company's title
18 over the title of City in said new location. Company tins and
19 reserves the right and easement to use, in common with the
20 public's use of said street or highway, said new location for all
21. of the purposes for which Company's easement was acquired, without
22 need for any further permit or permission from City. Except in
23 emergencies, Company shall give reasonable notice to City before
24 performing any work on Company's facilities in said new location
25 where such work will obstruct traffic. in all cases, Company
26 shall exercise due care for the protection of the tra*teling public.
27 4. in the event that the :future use of said highway
gLL Y
28 right of way shall at any time or times necessitate a
29 rearrangement , relocation, reconstruction or removal of any of
30 Company's facilities then existing in said new location, and City
31 shall 'notify Company in writing of such necessity and agree to
32 reimburse Company on demand for its costa incurred in com?lyYing
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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 b City,
p p y Company will promptly proceed
4
to effect such rearrangement, relocation, reconstruction or
5
removal. Company shall exercise due care for the protection of
6
the traveling public. No further permit or permission from City
9
for such rearrangement, relocation or reconstruction shall be
a
required and City will (1) enter into a Joint use agreement on the
9
same terms and conditions as are herein set forth covering any
10 such subsequent relocation of Company' s facilities within said
7.1
highway right of way, (2) provide executed document(s) granting to
12
Company a good and sufficient easement or easements over private
].3
property if necessary to replace Company's easement or any part
14
thereof, and (3) reimburse Company for any costs which it may be
15
required to expend to acquire such easement or easements, provided
16
it is mutually agreed in writing that Company shall acquire such
17
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 by
22
City over private property, to which Company relocates its
23
facilities pursuant to the provisions hereof, and City agrees that
24
if Company is ever required to relocate its facilities because of
25
any such lack of or defect in title, City shall reimburse Company
26 for the cost of relocating its facilities and any other reasonable
27
costs arising therefrom, such as, but not limited to , costs to
28 acquire any right of way required for such 'relocation. City shall
29
not reimburse Company for any loss caused by Company's own fault
30
or negligence.
31
6. Except as expressly set forth herein, this agreement
32
shall not in any way alter, modify or terminate any provision of
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Company' s easement. Both City and Company shall use said new
2
location in such a manner as not to interfere unduly with the
3
rights of the other. Nothing herein contained shall be construed
4
as a release or waiver of any claim for compensation or damages
5
which Company or City may now have or may hereafter acquire resul-
ting from the construction of additional facilities or the
7
alteration of existing facilities by either City or Company in
s
such a manner as to cause an unreasonable interference with the
9
use of said new location by the other party. City agrees that
10
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 damages,
14
at City's expense.
15
7. Company shall have the right to trim or top any tree
16
or trees,which may grow in said new location in said highway right
17
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
20
interference or danger.
21
8. This agreement shall inure to the benefit of and be
22
binding upon the Company and the City and their respective
23
succe$sors and assigns.
24 By execution hereof the City of Palm Springs does
25 hereby accept the above and foregoing agreement upon and subject
26 to all of the terms, covenants and conditions therei,, contained,
27 and does I*,ereh a ree to comply with and "y g p � perform eacI ;,Ind all of
2s
said terms „ covenants and conditions .
29
30
31
32
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I IN WITNESS WHEREOF, said Southern California Edison
2 Company has caused its corporate name and seal to be affixed
3 hereto and this instrument to be executed by the Manager of Right
4 of Way and Land Department and an Assistant Secretary, thereunto
5 duly authorized this day of , 19
6
7 SOUTHERN CALIFORNIA EDISON COMPANY
6
9 By
10 eeco0 } Manager O 11ght
of Way and Land Department
12
13Assistant Secre ry,
14
15 CITY OF PALM SPRINGS
16
17 By
APPROVED AS TO FORM' CitYIANAGER
18 . ,� r _F. �,
19 ATTEST: 9ify Attomey
20 F• D. ALr51I1RE
CITY CLTRK-- date .- .S )
r
21 COUNCIL BY
APPROVED BY THE CITY
22 � ClerkRES. NC.••.11f��.'r._3.
23
24
25
26
27
J
30 / i
31
I
1
SE CORNER OF —f
THE V/E`_T I/2
OF
I lla SEC.
- BOGiE - ROAD - � •
1570.41'
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—�-�_ R O A 15 > u
Ioeow
BOGIE
® - _
AREA IN JOINT USE AGREEMENT (NEW LOCATION) Fi{T��p I7
--- OE OF PORTION OF EASEMENT 2757/32 OR. HEREIN QUITCLAIMED - -
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LQGHTOM MLv 5aRi11Ge UR_TRICT
MAP =HQ liNG AREA VJCLUOED a
L. iN Otl IN JJINT USE AEREEMEN7
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VISTA CHINO
PASEO BARBARA
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POLE LINE
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AIRPORT PROPERTY
CITY OF PALM SPRINGS
DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION
RIGHT-OF-WAY PLAT APPROVED: I9_
PUBLIC WORKS DIRECTOR R.C.E.
JOINT USE AGREEMENT FOR BOGIE RD. DESIGN BY: SCALE: FILE N21
WITH SO.CAL.EDISON,SEC.7, T4S,R5E, F.O.M. NO SCALE
S•B•B.4 M. CHECKED BY: DVyy6.•-Klr.`, ,` SHEET NA
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