HomeMy WebLinkAbout02206 - SCE EDISON DESERT FASHION PLAZA MUSEUM JOINT USE W 124 RCV. 6.70
.GE CO.
Southern California Edison
RECORDING REQUESTED BY O • Jnt use agr for relocation of
.° facil around DesFash Plaza
v¢ � AGREEMENT #2206,orig 4-17-85
SOUTHERN CALIFORNIA EDISON COMPANY Lue Resolution 15501 , 4-17-85—
rt 0 w
WHEN RECORDED MAIL TO QOLO o W]
SOUTHERN CA�DISON COMPANY wC) r $a
a
CITY CLERK W
CITY OF PALM SPRINGS a °
BOX 1786
PRIM CD SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $
—COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SOUTHERN CALIFORNIA EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME
JOINT USE AGREEMENT
THIS A 'R 'EMENT, made and entered into this O�_-2-- day
of , 19 , by and between SOUTHERN CALIFORNIA EDISON
COMPANY a corporation, hereinafter called "Company" , and the CITY
OF PAL SPRINGS, a municipal corporation of the State of California,
hereinafter called "City" ,
W I T N E S S E T H:
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 :
January 10, 1937, in Book 2022 , page 226, Instrument No.
2445 ; December 1, 1967, as Instrument No. 105776 ; October 18, 1935,
in Book 257 , page 182, Instrument No. 765 ; October 18, 1935, in Book
254, page 584, Instrument No. 764; July 7 , 1956, in Book 1187, page
10 , Instrument No. 716; January 31 , 1952 , in Book 1338, page 263 ,
Instrument No. 4499; March 30, 1972, as Instrument No. 41718,
hereinafter referred to as "Company ' s Easement" ; and
WHEREAS City has acquired easement rights for street and
highway purposes for the construction and/or improvement of Palm
Canyon and Andreas,, Tahquitz McCallum, Museum, Belardo and Belardo
south of Amado 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" .
City hereby agrees to pay for the total actual cost of
relocation incurred by Company for relocating its facilities from
Company' s easement and reconstructing the same in the new location,
including, but not limited to, the cost of acquiring any easements
or rights of way over private property.
• f
Joint Use Agreement
S.C.E. Co . , a corp. , and the
City of Palm Springs
a municipal core. of the
State of California
Serial No .
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 may be required for the
relocation of. Company ' s facilities to the new location, 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.
City agrees to reimburse Company for any loss 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.
-2-
Joint Use Agreement
S.C.E. Co . , a corp. , and the
City of Pal.m Springs
a municipal. corp . of the
State of California
Serial. No .
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 trim or top any 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 dupl.i.cate by their respective officers
thereunto duly authorized, as of the day and year herein first above
written.
SOUTHERN CALIFORNIA EDISON COMPANY
` I Q.
Bye "���� \ 4 7 ram• . ,r = --
C. J. Lo-vWeri.son/,Jr1-
Manager of ( .- d
Right of Way ard— and
i
HY
Assistant Secretary
CITY OF PALM SPRINGS
APPROVED BY THE CITY COUNCIL
BYRES. NO. A � i ✓?- y— City Manager
Attest: �- �) _
(Ci/t�Clerk
-3-
Joint Use Agreement
S .C.E. Co. , a Corp. , and the
City of palm Springs
a municipal Corp. of the
State of California
Serial No.
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this day of , ].9 , before me, a
Notary Public in and for said State , personally appeared C. J.
Lowerison, Jr . , known to me (or pro d to me on the basis of
satisfactory evidence) to be Manager of the Right of Way and Land
Department of Southern California Edison Company, the corporation
that executed the within .instrument, known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed
the within instrument on behalf of the corporation herein named, and
acknowledged to me that such corporation executed the same , pursuant
to its, by-laws or a resolution of its board of directors .
W4Smynd and fficial seal.— PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
MV COMM1551oN EXPIRES MARCH 23�Y19R9 M
STATE OF CALIFORNIA ) M�
ss.
COUNTY OF LOS ANGELES )
On this day of � � 19 , before me , a
Notary Public in and for said State, ersonally
appeared �, y r_ taray _ , known to me (or
proved to me on the basis of satisfactory evidence) to be an
Assistant Secretary of Southern California Edison Company, the
corporation that executed the within instrument, known to me (or
proved to me on the basis of satisfactory evidence) to be the person
who executed the within instrument on behalf of the corporation
herein named, and acknowledged to me that such corporation executed
the same , pursuant to its by-laws or a resolution of its board of
directors.
WITNEc my hand and official seal. I s OFFICAL SEAL
d k V__RA M. MANLEY,. •,
NOTARY PUULIC CALIFORNIA
s
P PICIGE OFFICE IN
LOSS ANGE:.Ea^COUNTY
My Commission Expires July 11, 1987
STATE OF' CALIFORNIA
ss.
COUNTY OF
On this 1.7��day of r lye? before me, a
Notary Public in and for said State , p sonally
appeared /�/b ►�A�S/" _, /'1'[�/L� , known to me (or
proved to me on the basis of. satisfactory evidence) to be
the ''[[�� �. , and __ .Ty V1 T ��._�{,LLf-C-1 '
known toFme (or proved to me on the basis of. satisfactory evidence)
to be the CIT of the City of Qp � �i�Plwll t
municipal cor ration that executed the withiT n instrument, and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS
�m�y hand
and �official seal.
—��—=-- �J . / /_��•}���.— ''�`e'.,...._ _ _.--^_� SEAL �,OFFTCTAL
" f�� OLIVE S h�A•RSfIAL
' m�..l NOTARY Pl1BUC - CALIFORNIA
3328/am Y + ^m zIv n.slor cn'!Nn
-4-
PALM CANTON
r ; I r , ,
37.5 500,
�01
Tn
ui
if
PE x B
SCALE IN FEET
SHO'o,'ING APEA 74' P4r
AREA IN JOINT usE wmi a I150 300 &00 USE-j !N, jc"N- USE W(-T �rpE
THE CITY OF PALW SPRIW6 CIT" OF PALM, SPRIl 6-��
30 60 90 120 Ito ISO DATE 8-7-ad