HomeMy WebLinkAbout01819 - SCE EDISON JOINT USE UNDERGROUND NPC INDIAN RACQUET CLUB RW fi`a rtV. e,.70
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RECORDIAIG REQUESTED BY '1 V o
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SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO p « a J
Ili SOUTHERN CALIFORNIA EDISON COMPANY > N �
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!� P. 0, Fidx 410 W W
LONG BEACH, CA, 90041
CZ At.antlo.; R/W 4 W-4 V@,P
T.� 11WIROT S PTIOsi
SPACE ABOVE THIS LINE FOR RECORDER'S USE-
SO. Calif Edisdd-.7Didf Vd6 Agf
re undrgrnd elee facil on DOCUMENTARY TRANSFER TAX
Racquet Clb btwn P.C./Indian ` COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
AGREEMENT YA1819 (Orig 5-6-82) OR COMPUTED ON FULL VALUE LESS LIENS AND
Res 14228, 5-5-82 CUMORANCES REMAINING AT TIME OF SALE
�I,' SOUTHERN CALIFORNIA EDISON CO.
SIGNATURE OF OFFLARANT OR AGENT DETERMINING TAX. FIRM NAME
Location: City ot Palm Springs—
JOINT USE AGREEMENT THIS AGREEP4ENT, made and entered into this /b )9 day
of 19 3 ; by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, hereinafter called "Company" , and. the CITY
OF PALM SPRINGS, a municipal corporation of the State of California,
hereinafter called "City",
DISTRICT
R
A W I T N E S S E T H:
OR], ORDER
��— THAT WHEREAS Company is the owner in possession of certain
°T rights of way and easement (s ) for electrical facilities by virtue of
OE��_F` S- the following easement rights:
NU.P SI- E
That certain Grant of Easement from Gertrude M. Knowles,
APPROVED et . al . , to Southern California Edison Company (successor in
/W & LAND interest to Southern Sierras Power Company) recorded
EPARTMENT February 27, 1935, as Instrument No. 1201 in Book 216, page 526
of Official Records, in the Office of the 'County Recorder of
DATE Riverside County, hereinafter referred to as "Company 's Ease-
ment" ; and
WHEREAS City has acquired easement rights for street and
2c highway purposes for the construction and/or improvement of Racquet
r Club Road in said City, County of Riverside, State of California,
hereinafter referred to : as "highway right of way" , as shown on the
uuy print attached hereto, marked "Exhibit A" and hereby made a part
hereof which said highway right of way is subject to Company 's ease-
ment; and
= 8 WHEP.EAS Company' s facilities as now installed and located
on said highway right of way will interfere with or obstruct the
i T construction, reconstruction, maintenance or use of said street or
highway, and City desires to eliminate such interference or obstruc-
tion;
n O
oc � NOW THEREFORE, in consideration of the premises and the
mutual covenants herein contained, Company and City do hereby agree
as follows:
- = 5
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" , shown on the blue line print marked
"Exhibit A", attached hereto and made a part hereof .
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.
a
Joint Use Agreement
S.C.E.Co. , a core. , and the
City of Palm Springs,
a municipal corp. of the
Lfl State of California
M
NCity acknowledges Company's title to Company's easement
ri 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, reloca-
tion, 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 esti-
mate of the cost thereof , and upon approval of such plans by City,
Company will promptly proceed to effect such rearrangement, reloca-
tion, 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 recon-
struction 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, pro-
vided 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.
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 loca-
tion 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 con-
struction 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.
-2-
SI- T� .,
Joint Use Agreement
S.C.E.Co. , a corp. , and the
City of Palm Springs,
a municipal corp. of the
State of Cali.fornia
This agreement shall inure to the benefit of and be bind-
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
BY 17'
C . J . Lowerison, Jr .
Manager of "'
Right of Way and Land
By
Assistant Secretary
CITY OF PALM SPRINGS
By _
Mayor '
Attest: ( _-�{ti y,
City Clerk
STATE OF CALIFORNIA ) (/
ss.
COUNTY OF LOS ANGELES )
On this `� day of 19X�,
before me, a Notary Public in and for 9helanager
tate, personally appeared
C. J. Lowerison, Jr . , known to me to of the Right of Way
and Land Department of Southern California Edison Company, the cor-
poration that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corpora-
tion 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.
i OFFICIAL 10,
WITNE S m hand and o ficial seal, ` PHriLiS LOPEZ
- Cai(famlc
IJotary FutNk
PRINCIPAL OFFICE IN
MY_COMOS ANGELES
MISs"LEX➢IRES AIARC MY
23, I%q
STATE O CALIFORNI )
ss .
COUNTY OF LOS ANGELES )
On this -_72� 7 day of e - , 19
befo e me, a Notary Public in and for sail-State, personally appeared
li-D.. Gor4an I known to me to be an
Assistant Secretary of Southern California Edison Company, the cor-
poration that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corpora-
tion 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.
WIT ESS my hand and official seal.
OFFICIAL SEAT.
'j TARA MONT C.Itjp
,I-4" 57 NOTARY POpL,C — CdU i�.•III
—3— h Pe NCIP;,L
=^` LOS ANGELES COUNTY
My COmmission EXPues Aug, 19, 1983
V7 Joint Use Agreement
C; S.C.E.Co. , a Corp. , and the
1 City of Palm Springs,
a municipal corp, of the
State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On this 1 7 a day of 19
before me, a Notary Public in and for said State, personally appeared
may- _, known to me to be the Mayor,
and SAC 1�_, known to me to be the City Clerk
of the City of Palm Springs, the municipal corporation that executed
the within instrument, and acknowledged to me that they executed the
same on behalf of such municipal corporation.
WITNESS my hand and official seal.
0464r ;''' ^ OLIVE 5. MARSHALL
?.•II^ N^IARY PUBLIC - CALIF OR NIA
a�, :.,,ri R14ERSIDE COUNTY
' ��,�1 My mmm. expires JUN ]b, 1982
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---- --- — — — ----- [o 5 2.
EXHIBIT_ ;A'
RRcR /N JOINT USE
WITH CITY GF PRLM SPRINGS
(c 1VDERGROUND F152,11TIES) r.a 2026
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SRAI rrnFtiEL 12KV
MRPSHC;WINL, LUCRTION CF NITER
D.N. O. ZcS79- 71?p IN ,.TOINT USE WITH CIrY OF
l CALz r^ =v SURV[YOR FRLM SPRIIVCGS
PLOTTED by P¢LO TOOK RIVERSIT t CO. rAIr
CH[CK[D �Y
ii� CALCULATION. SOUTHERN CALIFORNIA EDISON COMPANY