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HomeMy WebLinkAboutA6107 - SO CAL GAS CO JOINT USE AGR FOR RELOCATION OF GAS MAIN AT GENE AUTRY/MICRO PL DOC # 2015-0083946 03/03/2015 03:50P Fee:NC Page 1 of 9 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Peter Aldana CITY OF PALM SPRINGS Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: III II IIIII I III I IIII IIII IIII IIII IIII IIII City of Palm Springs S R U PAGE SIZE DA MISC LONG RFD I COPY P. O. Box 2743 Palm Springs, CA 92263 ECM M A L 1 466 1 426 1 POOR I NCOR SMF I NCHG ^ , Attn: Office of the City Clerk n 7; CTY uNl �W/ SPACE ABOVE FOR RECORDER ONLY 0-1 Filing fee EXEMPT per Government Code 6103 Sb A6107 Joint Use Agreement SOUTHERN CALIFORNIA GAS COMPANY and CITY OF PALM SPRINGS Title of Document THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) Recording Requested by and when recorded mail to: Southern California Gas Company City of Palm Springs 555 W. 5th St., ML GT I IA1 Public Works Department Los Angeles, CA 90013-1011 3200 E Tahquitz Canyon Way Arm.: Land&Right of Way Palm Springs, CA 92262 Atlas N: WLO 103 DOCUMENTARY TRANSFER TAX$ APN: N/A Computed on full value of property conveyed Computed on full value less liens and encumbrances remaining at time of sale R.W. Number 29,402 Southern California Gas Company JOINT USE AGREEMENT Ab10'� THIS JOINT USE AGREEMENT("Agreement"), entered into this�day of 2014, by and between SOUTHERN CALIFORNIA GAS COMPANY, a California corporation hereinafter called"Owner", and the CITY OF PALM SPRINGS, hereinafter called"City". WITNESSETH Whereas, Owner is in possession of certain easements described as follows: Bureau of Land Management Easement, Serial Number R-1091, dated June 27, 1969 Easement recorded November 9, 1990, as Instrument number 453379, Official Records all hereinafter referred to individually or collectively as"Owner's easement(s)", and/or the"Old Location(s)", to which Owner enjoys superior rights except where said easement(s) cross City rights of way acquired prior to Owner's easement(s); and Whereas City owns rights of way on Gene Autry Trail, and the old alignment of Micro Place and Salvia Road, acquired on April 13, 1966 per right of way document R243, instrument no. 38814,to which City enjoys superior property rights,hereafter referred to as"City's Superior Rights of Way"; and WHEREAS, City has entered into a cooperative agreement with the County of Riverside, hereinafter "County", for the construction of improvements to the Interstate 10 and Gene Autry Trail interchange, hereinafter referred to as"City and County Project or Project", which agreement provides for the acquisition by County of certain rights of way on Micro Place and Salvia Road as required for the City and County Project, which rights of way have been acquired in the name of the City, and to which Owner enjoys superior property rights pursuant to its Owner's easement(s), as shown on the print attached hereto, marked Exhibit A and hereby made a part hereof; and WHEREAS, County and Owner are parties to those certain Utility Agreements numbered 21204 and 21434 each dated June 30, 2009, hereinafter the "Utility Agreements,"pursuant to which Owner will relocate Owner's facilities to accommodate the City and County Project at County's cost within City's Superior Rights of Way and at County's cost where Owner enjoys superior property rights by virtue of its Owner's easement(s); and WHEREAS, Owner's facilities on said public right of way as acquired for City and County Project will interfere with or obstruct the construction, reconstruction, maintenance or use of said public right of way, and City desires to eliminate such interference or obstruction. II IIIIIII II II IIII III IIII III III I IIII R3 RISrF- F 03 aP NOW, THEREFORE, Owner and City hereby mutually agree as follows: 1. The location of Owner's natural gas line so far as it now lies within said public right of way,to which Owner enjoys superior property rights by virtue of its Owner's easement(s), shall be, and it hereby is changed to, the strip of land within said public right of way hereinafter referred to as "New Location", described on EXHIBIT A attached hereto and incorporated herein and depicted on EXHIBIT B attached hereto and incorporated herein. 2. Owner will rearrange, relocate or reconstruct within said New Location any of its facilities now installed pursuant to Owner's easement(s)within said public right of way and Owner does hereby surrender and relinquish to the City all of Owner's right,title and interest under and by virtue of Owner's easement(s) in the old location within said public right of way and not included in said New Location(the"Abandoned Easement")which is more particularly described and depicted in Exhibits C and D, attached hereto and hereby made a part hereof. Owner hereby consents to the construction,reconstruction, maintenance of use by City of a public street over, along and upon Owner's easement(s)both in the old location and in the New Location within said public right of way upon and subject to the terms and conditions herein contained and provided that Owner's use is not adversely impacted. 3. The City hereby grants to Owner a non-exclusive easement in the New Location, compatible with and in common with the City's and the public's use of the New Location for the Project, for the excavation, construction, patrol, installation, operation, maintenance, repair, replacement and removal of Owner's facilities, including pipelines, appurtenances,and meters for the transportation of gas and other substances("Utility Facilities"), and the excavation, construction, patrol, installation, operation, maintenance repair and replacement of Utility Facilities and/or additional Utility Facilities in the future,without need for any further permit or permission from City. Owner, its agents,contractors and employees, as well as persons working with Owner under contract, shall at all times have the right of ingress and egress to and from the New Location for the aforesaid purposes, but Owner will in connection therewith use such roads as are now or may hereafter be on the New Location, whenever same can be reasonably be done. Except in emergencies, Owner shall give reasonable notice to City before performing any work or installing any new Utility Facilities in the New Location, where such work will be performed in, on or over the traveled way or improved shoulders of roadways or where such work will obstruct traffic. In all cases, Owner shall make adequate provisions for the protection of the traveling public and comply with all applicable General Orders and other regulations of the California Public Utilities Commission. 4. In the event that the future use of said New Location within the public right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Utility facilities then existing in said New Location the City shall notify Owner in writing of such necessity and agree to reimburse Owner on demand for its costs incurred in complying with such notice. Owner will provide City with plans of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans by City, Owner will promptly proceed to effect such rearrangement,relocation,reconstruction or removal. Owner shall make adequate provisions for the protection of the traveling public. No further permit or permission from City for such rearrangement shall be required and City will (1)enter into a Joint Use Agreement covering the New Location of Utility Facilities within the public right of way, or(2)provide executed documents(s)granting to Owner a good and sufficient easement outside of the public right of way if necessary to replace Owner's easement or any part thereof, and(3)reimburse Owner for any costs which it may be required to expend to acquire such replacement easement, provided it is mutually agreed in writing that Owner shall acquire such easement. 5. City and Owner shall use the New Location in such a manner as to not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owner or City may now have or may hereafter acquire resulting from a change in grade,width or alignment of the New Location or the II I IIIII I I I III IIII III III III II II III oa, 2015 n�4hnr construction of additional Utility Facilities or the alteration of existing Utility Facilities by either City or Owner in such a manner as to cause an unreasonable interference with the use of said New Location by the other party. Provided, however,that City's obligation to reimburse Owner for its costs as provided in paragraph 4 above shall not be considered an unreasonable interference with the use of said New Location. 6. Notwithstanding anything to the contrary,this Agreement shall not apply to the Gene Autry Trail right of way to which City has Superior Rights of Way and which a portion of Owner's Utility Facilities will cross in the New Location. 7. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. In the event either party brings suit concerning this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. This Joint Use Agreement contains the entire agreement between the parties concerning its subject matter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by the respective officials thereunto duly authorized. RECOMMENDED FOR APPROVAL: OWNER: SOUTHERN CALIFORNIA GAS COMPANY d - 4 C6r�✓l�� City Attorney Artemis Manos City of Palm Springs Land & Right of Way Supervisor CITY OF PALM SPRINGS COUNTY OF RIVERSIDE By By �_- APPROVED BY Ci i(COI IPJCIL !*AtyASTOjFM ATTEST: ity Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0: �F•lcclF.A'46©F ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On February 9, 2015, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 9t" day of February, 2015. 4�VALM SpNVI iy c V N : w °4rmic< Signature: CQOFoR MES THOMPSON, CITY CLERK 41"bity of Palm Springs, California Title or Type of Document JOINT USE AGREEMENT—A6107 Southern California Edison R.W. Number 29,402 IIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ra r01 5 'tFa£?``i4hr` ALL-PURPOSE ACKNOWLEDGMENT 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 } }ss COUNTY OF LOS ANGELES } On,, V 2015 before me, Carol Hsu, a Notary Public, personally appeared Artemis Man proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), and that by his/her/their signature(+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. (Seal) CANoL tau ca+nmlaafon N xo�ss Signature Nolry 'CaWonda Loa Mgwn Cwmy Commission #: 2056968 MY COM-Expim Fab 8,20to Commission Expiration: February 6, 2018 (IIIII II I I I IIIII III IIIII II II I II(III na;A 15,Fj'. 5FP EXHIBIT "A" (Legal Description) GAS COMPANY JOINT USE AGREEMENT THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM DRIVE (VARYING IN WIDTH) AS SHOWN ON DEED PLAT OF PALM DRIVE ON SHEET 3 OF 6, DATED MAY 23, 1966 AND FILED AS MAP NO. 772-MM IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY AND THE NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT WIDE RIGHT-OF-WAY GRANTED TO THE SOUTHERN CALIFORNIA GAS COMPANY WITH AN EFFECTIVE DATE OF JUNE 27, 1969 PER UNITED STATES DEPARTMENT OF THE INTERIOR-BEREAU OF LAND MANAGEMENT LAND GRANT (GRANT SERIAL NO. R1091) AND AS DESCRIBED AND SHOWN ON SOUTHERN CALIFORNIA GAS COMPANY RIGHT-OF-WAY MAP NO. R/W 12,718-REV. 4-2-69 ON FILE AT THE SOUTHERN CALIFORNIA GAS COMPANY LAND AND RIGHT-OF-WAY DEPARTMENT; THENCE ALONG SAID NORTHERLY LINE NORTH 61010'02" WEST 90.57 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 69041'27" WEST 56.64 FEET TO THE WESTERLY LINE OF THAT CERTAIN 50.00 FOOT WIDE RIGHT-OF-WAY GRANTED TO THE SOUTHERN CALIFORNIA GAS COMPANY, RECORDED DECEMBER 14, 1990 AS INSTRUMENT NO. 453379 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE NORTH 19057'45" EAST 12.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 19057'45" EAST 59.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1225.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF CURVE BEARS SOUTH 21013'02" WEST, SAID NON- TANGENT CURVE ALSO BEING THE SOUTHERLY LINE OF SAID SOUTHERN CALIFORNIA GAS COMPANY RIGHT-OF-WAY; THENCE WESTERLY 199.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'30'; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 39007'44" EAST 102.94 FEET; THENCE SOUTH 55055'05" EAST 113.55 FEET TO THE POINT OF BEGINNING. CONTAINING 7,098 SQ. FT. OR 0.710 ACRES, MORE OR LESS. AND AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. Page 1 of 2 II IIIII I I I III IIII F 11111�11111111111111111111 F,_:.F' 2 015 Ag 3 --OF PARCEL 2: COMMENCING AT THE INTERSECTION OF THE HEREINABOVE DESCRIBED CENTERLINE OF PALM DRIVE AND THE HEREINABOVE DESCRIBED NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT WIDE RIGHT-OF-WAY GRANTED TO THE SOUTHERN CALIFORNIA GAS COMPANY WITH AN EFFECTIVE DATE OF JUNE 27, 1969; THENCE ALONG SAID NORTHERLY LINE SOUTH 61°10'02" EAST 103.11 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID PALM DRIVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 61010'02" EAST 13.21 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 4105259" EAST 114.44 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 34003'50" EAST 57.85 FEET; THENCE NORTH 55°56'10" WEST 139.17 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID PALM DRIVE; THENCE ALONG SAID EASTERLY LINE SOUTH 08026'39" WEST 34.68 FEET TO THE POINT OF BEGINNING. CONTAINING 5,518 SQ. FT. OR 0.552 ACRES, MORE OR LESS. AND AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. \pNIkL LgNp y- P� P. JpS SG 4 U2P �yy 9L ' m a ¢ p. 12-3lie y p 9f No. 5846 a�P �OF CAUFOP � s RICHARD P ' EN, � I DATE PLS 5846 P S 12-31-16 Page 2 of 2 IIIIII IIIII I IIII IIIIII IIII III IIIIII III 11111 lill III rt3`r,� feet y�ahnF EXISTING GAS CO. Rl\ER \ INST. NO. 1990-45JJ79 OR. RIVERSIDE COUNTY R.O.W. PER CAL TRANS REL/NOUISHMENT MAP, (SEGMENT #3) FILED ON h 3 DEC 11, 1967 /N BK5 PG 85 SAC 130 A � (6 P RCEBL 1 PROPOSED p�� /�. 9� RIGHT—OF—WAY MICRO PLACE \ EXISTING 50' WIDE GAS CO L12 \ RIGHT—OF—WAY NO 12,718 REV. 4-2-1969 (BLM GRANT NO. R 1091) B PA 2 477 �Q cc o O S� RIVERSIDE COUNTY R 0 W. COUNTY DEE PLAT 772—MY ' � R "• /� LINE TABLE PaaL�t LINE ILENGTH BEARING —SO CAL GAS JOINT USE AGREEMENT AREA L1 90.57' N61'10'02"W APPROX. 7,098 SQ. FT. OR 0.710 ACRES L2 56.64' N69'41'27"W Pnx�cz = SO CAL GAS JOINT USE AGREEMENT AREA L3 12.65' N19'57'45"E APPROX, 5,518 SQ. FT. OR 0.552 ACRES L4 59.98' N19'57'45"E L5 102.94' S39'07'44"E CURVE TABLE L6 113.55' S55'55'05"E CURVE LENGTH DELTA RADIUS L7 103.11' S61'10'02"E Cl 199.73' 19'20'30" 1 1225.00' L8 13.21' S61'10'02"E L9 114.44' S41'52'59"E WestLAND 11023 EUCALYPTUS ST RANCHOCUCAMONGA. L10 57.85' N34'03'50"E CA 91730 RHONE)909)98"789 FAX;")989-9660 Ll l Land Surveyors• Civil Engineers•GIS 13 .1 ' N55'56'10"W Group, Inc. L12 34.68' SO8'26'39"W EXHIBIT "Bys SCALE: 1"=100' DATE: 01 /02/2015 SOUTHERN CALIFORNIA GAS COMPANY PREPARED BY: MCA PALM DRIVE/GENE AUTRY TRAIL AT SALVIA ROAD W.O.: CO TY OF RIVER IDE, STATE OF CALIFORNIA W.R.. A.S.: PREPARED BYClK PROFESSIONAL A.P.N.: RICHAR J SENHANS, P.L.S. NO. 5846 LAND SURVEYOR FILE: