HomeMy WebLinkAbout01048 - SCE EDISON JOINT USE VELLA POLE A.G. eNENT #1048 - So. Calif.
Edison Co. - joint Use ,Agree-
ment for Pole on Vella Road,
X0 @2195, 3-27-74
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this
dal of 19�1 by and between SOUTHER CALIFORNIA
E]UISU it a corporation, hereinafter called "Company", and the
Ci rY OI PAS RINGS, a municipal corporation of the State of California,
hereinafter called "City",
W ITN ESSE Tfl:
THAT WHEREAS Company is the owner in possession of certain
right of way and easement(s) for electrical facilities by virtue of the
following easement rights:
Grant of Easement from the City of Palm Springs, a
municipal corporation, recorded as Instrument No. 93225, on
October 23, 1960, an Hook 2791 of Official Records, Page 152,
in the office of the County Recorder of the County of Riverside,
in said State,
hereinafter referred to as "Company's easement"; and
WHEREAS City nas acquired easement rights for street and 'highway
purposes for the construction and/or improvement of Bella Road in said City,
Cuunty of Riverside, State of California, hereinafter referred to as "highway
ri ,ht 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 Com-
' p:•ny'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, recons-
trllctlon, maintenance or use of said street or highway, and City desires to
-� el',minaze 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
s,nid highway right of way, be, and it hereby is, changed to the strap of land
within said highway right of way, hereinafter referred to as "new location",
shown on the blue line print marked "Exhibit A", attached hereto and made a
part hereof.
City hereby agrees to ,pay for the total actual cost of relocation
in+_urred by Company for relocating its facilities from Company's casement and y
reconstructing the same in the new location, including, but not limited to, the
test 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 ira,y be required for the relocation of Company's facilities to the new location,
Coripany a;,rees to rearrange, �elocate and reconstruct within said new location,
any of its iZC-ftfties heretofore or now installed pursuant to Company's easement
wit iin safri hig;i%,,ay right of way, and Company does hereby agree to quitclaim
that portion of Company's easement which affects said nig Tway rignt of way within
sixty (60) days after the execution of this agreement by City and Company. Com-
party hereby consents to tf.e construction, reconstruction, maintenance or use
by -amity of a street or highway over, along and upon Company's easement, both
in Lik old location and in th, new location within said highway r•igi.t of way,
upon and subject to tlic: terms and conditions her•eiri contained.
City acknowledges Company's title to Company's easement in said
nevi locaion and the priority of Company's title over the title of City in said
nevv location. Company has and reserves the right and easement to use, in
corLmon with ttic public's use of said street or }iignway, said rev; location for
all -)f the purposes for which Company's easement was acquired, without need
or any further permit or permission i•rom City. Except in emergencies,
Corapany 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 911 cases, Company shall exercise due care For the protection of the travel-
ing public.
In the event that the future use of said highway right of way shall
at „ny time or times necessitate a ieariangernent, relocation, reconstruction
or •emoval of any of Company's facilities theca existing in said new location,
ant: City shall notify Company in writing of such necessity and agree-to reimburse
Covnpany on demand for its costs incurred in cocnplying witli such notice, Company
will provide City with plans of its proposed rearrangement and an estimate of
tiia cost tnere,of, and upon approval of such plans by City, Company will p^omptly
proceed to effect such rearrangement, relocation, reconstruction or removal,
i Ompany sliall exercise due care for the protection of the traveling public.
No further permit or permission from City foi• such rearrangement, relocation
or •econstruction siiali be iequir,;d and t_.ity will (1) enter into a Joint Use
Age eement on the same terms and conditions as are herein set io,•th covering
an,, s Lich' subsequent relocation of Company's facilities within said uighway riants
of way, (2) provide ex cuted document(s) granting to Company a good and sufficient
easement or easements over private properly if necessary to replace Company's
easement or any part th,:reof, and (3) reimbursi- Company for any costs which it
ma , be ,•equired to expend to acqui:•r: such easement or easements, provided
it is mutually agreed in writing Ciat Company shall acquire such easement or ease-
me its.
City agrees to . eimburse I.ompariy for• any loss Company may suffer
bet-ruse of any lack o! or defect in City's title to said new location or any
sulasequent location wit in saia highway right of way, or in the title to any ease-
ment provided by City over private property, to which Company relocates its
fac -lities pursuant to tree provisions hereof, and City agrees that if Company is
ever- required to relocate its iacilities because of any such lack of or defect in
title, City snail reimburse Company for the cost of relocating its facilities and any
otr .x• -easonable costs arising t'ierefrom, such as, but not limitea to, costs
to ncquire any right of way, required for surd relocation. City shall not reimburse
Corripany fo,• any loss caused by Company's own fault or negligence.
Except as expressly set forth �ierein, this agreement shall not in any
wa, alter, modify or, terminate any provision of Company's easement. Eoth City
anti Company shall use said new location in such a manner as not to interfere
unduly with the ; ights 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 cacilities by either City or
Company in such a manner as to cause an unreasonable interference with the
use of said new location by thL- other party. City agrees that Company's cacilities
shall not, be damaged by reason of tile construction, reconstruction or maintenance
of said street or highway, by the City or its contractors, and that, if necessary,
(At y will protect Company's facilities against any such damage, al City's expense.
Company shall have the right to trim o2 top any tree or trees white
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 main-
tenance of Company's facilities, to the extent necessary to prevent any such
interference or danger.
Page 2
Tnis agreement shall inure to the benelit of and be binainb upon the
Conipatiy and the City and their' respective successors and assigns.
IN Vt ITNESS W HEREOF, the parties hereto iave caused this agreement
to t-e executed in duplicate by their respective officers thereunto dully authorized,
as the day and year herein Pi; st above written.
tf'1't1FIRN C.�C7ii.lVlr'i E!,405N {.Ofv1P'A.1VY
P. B. Peccook, Fvtanager of Right of Way
f and Land Department
Assistant Secretary
CITY OF 11,L?1 SPfiI?iC5
by CIT
aTA ge
,fittest: -
4 City Clerk
ST ,TEI' OP C14LIF ORNLi )
R.T.`I 17M
C:C,!JN7'Y OF )
Cn tttis 26th da of fah 1974
bell )re me, tree unders�xt�a personally appeared �ri�
&cf1r&, Qame to Le tlt. a ia�� for the Lity of oprings,
whose name is subscr-bed to the witmn instrument, 2md acknowledges
thst he executed the same.
"IiN�E;S�7 my hand and oiflclal seal.
ST(iTE OF CA, I-A ORNIA D
as.
CC,JNTY Oi� )
On this day of 19
before me, a Notary Public in an for said Stat r e, peson appeared P. B. Pi6ecook,
knl wn to me to be the lHanager of Right of Way and Lano De artment, and
known to me to be an Assistant Secretary of Soutnern
California E ison Company, the co-potation that executed the within instrument,
kn+)wn to me to be the persons who executed the within instrument on behalf: o; the
co poratior_ iiez,cin named, and acicnowleoged to me that such corporation executed
tkic same, pa;suant to its by-laws of a I. esolut>on of its board ofdir ec tors.
w, CNESS my hand and oIt c>al seal.
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-' MARY L. MANNION S[
NOTARY PUBLIC-CAUFOIi( 1
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
"u
-£} My Commission Expires October 19, 1975
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�__ CH 34-7e —" CALCULATIONS SOUMERN CALIFORNIA EDiSON COMPANY