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Home My WebLink AboutA5287 - SCE JOINT USE AGR WALGREENS UNDERGROUNDING Southern California Edison Joint Use Agreement AGREEMENT #5287 RECORDING REQUESTED BY MO 7860, 5-17-06 SOUTHERN CALIFORNIA EDISON COMPANY — -- -- WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 14799 CHESTNUT STREET WESTMINSTER, CA. 92683-5240 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE RP File No. REL05128333 Serial No. 66269A Job Order: 2072 JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this ITN 7 v` P7 day of ,i1%%/7f'f=�', , 20r,�, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, successor in interest to both The Nevada California Electric Corporation and California Electric Power Company, hereinafter called "Company", and the CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter called "City", WITNESSETH: THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights: Those certain Grant of Grant of Easements described as follows: SCE Grantor Grantee Recording Date Recording Information Document No. 233664 John Me Cormick The Nevada July 6, 1938 Book 381 Page 343 and Kathleen M. California Electric Instrument No. 333 Hargrave Corporation Official Records Riverside Count 246166 Associated Mutuals California Electric August 2, 1951 Book 1291 Page 573 Power Company Instrument No. 32777 Official Records Riverside Count 246824 Walnut Estates Inc. California Electric May 15, 1959 Book 2472 Page 528 Power Company Instrument No. 42223 Official Records Riverside County 254701 Walnut Estates Inc. California Electric February 23, Book 1697 Page 297 Power Company 1955 Instrument No. 11956 Official Records Riverside Count 266844 Bernard Berlin and Southern California February 21, Instrument No. 14791 Walter Maier Edison Company 1967 Official Records Riverside Coun hereinafter referred to as "Company's Easement"; and Joint Use Agreement S.C.E. Co., a corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 & 266844 WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Sunrise Way and Vista Chino in said City, County of Riverside, State of California, hereinafter referred to as "highway right 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 Company'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, reconstruction, maintenance or use of said street or highway, and City desires to eliminate 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 said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A". Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained. City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company 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 all cases, Company shall exercise due care for the protection of the traveling public. In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements. -2- Joint Use Agreement S.C.E. Co., a corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 & 266844 City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly 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 Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense. Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which 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 maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger. This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By James Lee Right of Way Agent Real Estate Operations Division Corporate Real Estate Department -3- Joint Use Agreement S.C.E. Co., a corp., to The City of Palm Springs Serial 66269A RP FILE: REL05128333 Affects SCE Document(s): 233664, 246166, 246824, 254701 8a 266844 CITY OF PALM SPRINGS, a municipal corporation of the State of California Name: David H. Re y Title: City Manager A pro -ed to form, aura / Name lames Thompson �AAty At orney Til e City Clerk iV STATE OF CALIFORNIA ) APPROVED BY CITY COUNCIL ss. `I1 COUNTYOF!�4y1 �uRhr(A ,I�.e9 ) Im �7• b � °� On dqjQ�p)q Q 2,06 before me, ,Q f/v Ai) �. 6 �0 Y i b personally appeared .B/ !voA �.ei personally known to me (or—proved to—me on—the -basi-s-o-f:satisfactory--ezndence) to be the person whose name is subscribed to the within instrument and acknowledged to me tha ice'/she) executed the same in k is her) authorized capacity and that by (#:3R/her--) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LAURA L.10101110 Commbgon*I"s29Y �� Notary Pubac•Covomh Signature / :,p /� _ �_ ORMP COW* MYCanm•IN001 Oct 13.2007 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature -4- " A PORTION OF DESERT PARK ESTATES NO. I TRACT, M.B. 28 PG. 36 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA C/L ➢ESERT PARK AVE. I 90 a9 !!� LOT C E - 2.46' Rl 92 1 ' Y C/L VIA NEGOCIO a, FBI � U.i n 10.00, r6 n 50.00, 40.00' Tj 35.00, 3.00, 6.00' 105 104 103 PEI I!( i PROPOSE Ma. R/W i] W 102 101 Ew Ly ' EXIST. p `� 126.50' 2 PROPERTY oo 0 0 •85' o f LINE si II T12 200,32' N T4S R4E b c NOTE,• EMIT A"Ohl;Y FOR EAST SIDE OF SUNRISE FAY, NORTH OF VISTA CL V0. IWA QUO (HFY. 111) IS UNDER THE✓URISDICNON OF CALMRIVIA DEPAMTAIENT OF TR4NSPORTA270N (CAL9RANS). AREA LU JORVT USE AGREEMENT HETFEEN SOUTHERN CALVFORNIA ADISON 0 100 200 AND THE CITY OF PALM SPRINGS Area=5007 SgFt = 0.1149 Acre SCALE IN FEET PROJECT NAME: DEVERS-PALM SPRING D.O.F.O. CABLE NO. 2 (,JOINT USE AGREEMENT) M.5. 47-117 MAP & F.B. REF: 1 0545/1 1-13 CITY, PALM SPRINGS DRAWN BY: NMEDINA ISURVEYED BY: D. MORSE COUNTY:RIVERSIDE CAUFOKW ® � I l. DATE: 10-5-05 LAND INFO.: L. SALINAS SER.:66269A J.0.:2072 LES:6557 M�IC IaA�! G CHECKED BY: L. KELLEY File Name: M:\ARCHIVE\DRAWING\ LE6557 .DWG