HomeMy WebLinkAboutRecorded Doc 2023-045 225 v 1S
DOC # 2023-0171572
06/15/2023 10:59 AM Fees: $0.00
Page 1 of 6
Recorded in Official Records
RECORDING REQUESTED BY County of Riverside
Peter Aldana
SOUTHERN CALIFORNIA EDISON COMPANY Assessor-County Clerk-Recorder
WHEN RECORDED MAIL TO "This document was electronically submitted
to the County of Riverside for recording**
SOUTHERN CALIFORNIA EDISON COMPANY Receipted by:JACQUELINE#2386
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN:TITLE&REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$NONE(VALUE DISTRICT WORK ORDER SERIAL No. MAP SIZE AFFECTS SCE
A ESS THAN$100.00) PALM SPRINGS 801564057 73262A 046-117 DOCUMENTS
SCE Company FIM:600-1926-1 VEGETATION 8 LAND BY DATE
SI DE ORAGENTTDE�ING TAX FIRM NAME APN:677-430-040 MANAGEMENT SF 04/19/2023 273975
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this / day of v vAre-- , 20 23 , by and
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, successor in interest to
California Electric Power Company hereinafter called "Company", and the CITY OF CATHEDRAL
CITY, 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:
That certain Subdivision Right of Way easement recorded August 26, 1947, as Instrument
No. 3201, in Book 847, Page 298 of Official Records, in the Office of the Riverside County Recorder,
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 Ramon 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 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 underground 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 direct and indirect costs 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.
DOC #2023-0171572 Page 2 of 6
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
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 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. City warrants that the City's rights to the new location will allow the Company to exercise
all the rights granted by the Company's easement.
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
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DOC#2023-0171572 Page 3 of 6
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
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 ED ON COMPANY,
a corporation
By:
Monica Contreras
Real Estates&Facilities Advisor
Land Management Eastern Region
Vegetation 8s Land Management
CITY OF HEDRAL CITY,
a m m ' .aid/"//��j*or�poj(Jrf�io
Lc
Charles P. McClendon, City Manager
-3-
DOC#2023-0171572 Page 4 of 6
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of \VeY,2I ite
O beforc,me, (tile 4L 12. l- , a Notary Public,
personally appeared AV lt''�- . LL6_".1e-A,V , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
,„ TRACEY R.HERMOSILLO
Notary Public.California
i , Riverside County
Signatur f ,U '0 Lf1.A'Iti - ak Niropr Commission it 2442252
•i,.oa� My Comm.Expires Apr 21,2027
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DOC#2023-0171572 Page 5 of 6
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of :c stk r i Lr:)
On JN+1+*C i 2C 7 before me, p.to Dr(k,s - , a Notary Public,
personally appeared ,r-nR G 'S , who proved to me on the
basis of satisfactory evidence to be the personj.) whose name(s) is/ayt subscribed to the within
instrument and acknowledged to me that b /she/they executed the same in hi /her/tpreir
authorized capacity(i,e5), and that by hiKher/tjatir signatures) on the instrument the person(,sj, or
the entity upon behalf of which the person(!) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
P.M.DELGADILLO
'V, Notary Public-California
relo _ Los Angeles County I
Signs re ►,' is Lccomms;on;2378H1j
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x DOC #2023-0171572 Page 6 of 6
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