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Home My WebLink About01775 - SCE EDISON PS SENIOR CITIZEN COMPLEX JOINT USE CIVIC RW 124 REV. 6.70 _ RECORDING REQUESTED rSY DMUMEW SOUTHERN CALIFORNIA EDISON COMPANY V0lL'1111f: arr\„W^ z2"t54 _ WHEN RECORDED MAIL TO CromIi Y SOUTHERN CALIFORNIA EDISON COMPANY So. Calif. Edison - Joint use agr re undrgrnd util on Civic Dr (P.S Sr Ctzn Cmplx) SPACE ABCAGREEMENT #1775 (Origl2-17-81) Res #14086, 12-16-81 DOCUMENTARY TRANSFER TAX $ _COMPUTER 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 Location: City of Palm Springs JOINT USE AGREEMENT ( THIS AGREEMENT, made and entered into this /7�� day of 19 fl , 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", W I T N E S S E T H: THAT WHEREAS Company is the owner in possession of cer- tain .rights of way and easement( s ) for electrical facilities by vir- tue of: the following easement rights : That certain Grant of Easement from the Citv of Palm Springs, a municipal corporation to Southern California Edison Company (successor in interest to California Electric Power Company) recorded January 18, 1950 as Instrument No. 2196 in Book 1139, page 566 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 Civic Drive in said City, County of Riverside, State of California,, here- I ,J inafter referred to as "highway right of way", as shown on the print `, Ux attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company' s easement; and Y J , 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 obstruc- t ion; �JJpJI 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" , shown on the blue line print marked attached hereto and m?0 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, 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 core. of ' the State of California 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 16 a 4 S.C.E.Co. , a Corp . , and the City of Palm Springs a municipal Corp. of the State of California This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective suc- cessors 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 u ByC. J. ILower-ison, Jr...;,- Manager of Right of Way and Land . By Assistant Sgcret-,P_iry CITY OF PALM SPRINGS r BY �r NORMAN R, KING OrrY MANAGER Attests City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this day o 19 before me, a Notary Public in and for said tate, p sonally appeared C. J. Lowerison, Jr . , known to me to Manager of the Right of Way and Land Department of Southern California 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 . ._ E WIT SS my d official seal. OFFICIAL SEAL JOAN E. VOGELER STATE OF CALIFORNIA) )ss. ,COUNTY OF RIVFRSTDE) On December 18 19 81 , before me, the undersigned, a Notary Public in and for said state, personally appeared Id Judith �umich knower to me to be the Cif Manager and Cj,t�y ClPrk of the CITY Or PALM SPRINGS and known to we to be the persons who executed the within instrument on behalf of the CITY OF PALS? SPRINGS, and acknowledged to me that the CITY OF PALM SPRINGS executed the same. OFFICIAL SEAL �/"" OLIVE S. MARSHALL �I OFFICIAL a •" NOTARY PUBLIC - CALIFORNIA _ �/y! a 1',�•.i RIVERSIDE COUNTY SEAL: 3 ' My Comm. expires JUN 10, 1982 OLIVE S. MARSHALL-NOTARY PUBLIC Joint Use Agreement 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 / / day of \I,G't �, 19 f27 before me, a Notary Public in and for said Stag, persondily appeared IL a.,. b,arL-cnswn known to me to be an Assistant Secre- tary 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 direc- tors . WITNESS my hand and official seal . " �l✓L-i� � /'L.f�'i��=v-...y. .,'L/ � `5 orn'E; ttrn Rc cN4Jb 6kRMl � / � J PPI'o'd<_CIP/'1 PJFPICi.ifi ]LOS 1fiCxa6:V..G:�r;;plpFly'3,' � MYCO ffliMal e;_ni�m, STATE OF CALIFORNIA ss. COUNTY OF RIVERSIDE ) On this day of 19 before me, a Notary Public in and for said State, personally appeared , known to me to be the Mayor, and 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. 0452r/gl 16 a 5 -4- DR. a ' r% �� iD o PA5E0 F PIDO Q ` h �l FAR>`ELL Q �• fAl 1.GAR1)ENII4 VICINITY MAP NO SCALD - - o C1 Yic V 4 o I � 4: 74' �-1 AREA IN IOINT USE WfT H THE E/TY OF PALM SPRINGS (UNDERGROUND FACILIT)ES) ,.o. 200S me.6 VELLA 330-35HBARMER 1 77 IYAPSHOWINS LOCATION OF AREA i USE AGKEEMENT WITH THE G PALM SPRINGS 9MV 'RSIPE COUNTY CALl; PLOTTED DY FIELD 600K