HomeMy WebLinkAbout01818 - SCE EDISON JOINT USE UNDERGROUND INDIAN NPC RACQUET CLUB RW 124 Rrv. 6,70 I
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RECORDING REQUESTED BY*
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SOUTHERN CALIFORNIA EDISON COMPANY v `�
WHEN RECORDED MAIL TO
` SOUTHERN CALIFORNIA EDISON COMPANY ` " F'
P. 0. Box 410
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AttentiorL: 1/d ,>. Land Dept.
SPACE ABOVE THIS LINE FOR RECORDER'S USE--�'�
DISTR CT 56, Calif Edi8on-3'oint use Agr � � il_z�-
re undrgrnd elec facil on DOCUMENTARY TRANSFER TAX 4 f E- C:�)L.: c,'�c,�t C!r^'f
WORT; ORDER Racquet Club btwn P.C./Indian d\1 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
AGREEMENT #1818(Orig 5-6-82) OR COMPUTED ON FULL VALUE LESS LIENS AND
�� Res 14228, 5-5-82 �l/ (ENCUMBRANCES 9 MAINING AT TIME OF SALE.
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c 'cl I1 -� ,{-, i l�! �.�.�� SOOTNERN CALIFORNIA EDISON CO.
a IDE �I`(G —_ - - - _-_ - SIGNATURE OF DOOLARANT OR AGENT DETERMINING TAX. FIRM NAME
MAP SIZE
Location: City of Palm Springs
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APPROVED JOINT USE AGREEMENT
R/W Or LAND
DEPARTMENT /
k4;4_...:� THIS AGREEMENT, made and entered into this C9 day
198 ZL, by and between SOUTHERN CALIFORNIA EDISON
-1�1% 4PANY, U corporation, hereinafter called "Company" , and the CITY
PALM SPRINGS, a municipal corporation of the State of California,
hereinafter called "City" ,
v 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 :
(V
,.� That certain Grant of Easement from Gertrude M. Knowles,
r`l et al. , to Southern California Edison Company (Successor) in interest
to Southern Sierras, Power Company) recorded February 27, 1935,. as
Instrument No. 1201 in Book 216, page 526 of Official Records, in
the office of the County Recorder of Riverside County, 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 Racquet
Club Road 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
2 = hereof which said highway right of way is subject to Company ' s ease-
h'E
ment; and
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� = 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
s highway, and City desires to eliminate such interference or obstruc-
p c ' t ion;
tio5 NOW THEREFORE, in consideration of the premises and the
mutual covenants herein contained, Company and City do hereby agree
H as follows:
E
v0- E N
`o 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".
„ rs
g 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, reconstruc-
tion, 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.
�
Joint Use Agreement
S.C.E.Co . , a corp. , and the
City of Palm Springs,
a municipal Corp, of the
f. State of California
Wi
N
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, 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-
Joint Use Agreement
S .C .E .Co . , a corp. , and the
City of Palm Springs,
a municipal corp. of the
i. State of California
r^1
This agreement shall inure to the benefit of and be bind-
ing 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
C. J. Lowerison, Jr .,
Manager of f'
Right of Way and Land
By
Assistant 8ecr6tary
k CITY OF PALM SPRINGS
By
Mir
1
Attest:
/ City Clerk
' V
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this , day o _, before me, a
Notary Public in and for saiqs/t , personally appeared C. J.
Lowerison, Jr . , known to me• tonager of the Right of Way and
Land Department of Southern Ca Edison Company, the corpora-
tion that executed the within instrument, known to me to be the per-
son 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
OF►ICHtL SeAL
WITNES my and and off ' al seal. <' j,,;°y_), PHYLLIS LOPQ
�; I f, Notary Public - Collkxnh7
17 PRINCIPAL OFFICE IN
�
LOS AN..�'"aLES COVN7Y
My COMMISSION EXPIRES MARCH 23, 1984
-3-
Joint Use Agreement
p�•j S .C.E.Co. , a corp. , and the
?. City of Palm Springs,
a municipal corp. of the /
State of California
STATE OF CALIFORNIA
) ss. ,-
COUNTY OF. LOS ANGELES ) %
On this I day of ��_- ,-- 19 �'Z,- before me, a
Notary, Public in and for said States; p- -r_enall Y appeared
11xD.,, Garman known to me to be an Assistant Secretary
of Southern California Edison Company, the corporation that executed
the within instrument, known to me 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.
� C+FFI CIAL SEAL ��
WITNESS my hand and official seal. �� ytZq h40NTEMAYOR
"�"•`-ay'•':',�-r' NOTRRY FUBLtC - CALIFORNIA
PR:NCiPAL OFFICE IN
LOS ANGELES COUNTY
I My Commission Expires Aug. 191 1983_�
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On this -7 day of Gu f , 19 CAZ,
before me, a Notary Public in and for said State, personally
appeared �15_ /tit 9(26 E_P known to me to be
the Mayor, and TL) D7 1 'Y L- SU /IT IC + 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 .
/� OFFICIAL SEAL
OLIVE S. MARSHALL
4'ot NOTARY PUOJC • CALIFOANIA
RIVEt==
DE COUNTY
�� Mycam.m.mm. expires lON 10, 1982
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