RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
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
AND CONSIDERATION LESS THAN $100.00)
DISTRICT
PALM SPRINGS
WORK ORDER
801564057
SERIAL No.
73262A
MAP SIZE
046-117
AFFECTS SCE
DOCUMENTS
________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM: 600-1926-1
APN: 677-430-040
APPROVED:
VEGETATION & LAND
MANAGEMENT
BY
SF
DATE
04/19/2023
273975
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, s uccessor 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",
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:
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 improveme nt 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 t o 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 u se of s aid 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 Compan y'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 t o as "new underground location," and shown and designated as "A rea 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, th e cost of acquiring any easements or rights of way ov er private property.
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
-2-
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 r equired for the re location 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 i nstalled pursuant to Company's easement within said highway right of w ay. 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 i n the new location within said highway right of way, upon and subject to the terms and conditions herein contained.
City acknowledge s 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 eas ement to use, in c ommon 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 reason able 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 th e future use of sa id 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 nece ssity and agree to reimburse Company on demand for its costs incurred i n complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the co st thereof, and upon approval of such plans by City, Company will promptly procee d to effect such rearrangement, relocation, reconstru ction 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 reconstru ction shall be req uired and City will (1) enter into a Joint Use Agreem ent 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 docu ment(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 easemen t 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 ti tle to said new lo cation 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 reaso nable costs arising therefrom, such as, but not limited to, costs to acquir e any r ight 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 h erein, 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 un duly 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 part y. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
-3-
or maintenance of said st reet 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 wit h 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 cau sed this agr eement to be executed in duplicate by their respective offi cers thereunto duly authorized, as of the day and year herein first above written.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By: _________________________________________
Monica Contreras
Real Estates & Facilities Advisor
Land Management Eastern Region
Vegetation & Land Management
CITY OF CATHEDRAL CITY,
a municipal corporation
By: _________________________________________
Charles P. McClendon, City Manager
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
-4-
A notary public or other officer comple ting 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 )
On _______________________ before me, , a Notary Pu blic, personally appeared , 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 a nd 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 PERJU RY under the laws of the State of California that the foreg oing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
-5-
A notary public or other officer completing th is 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 )
On _______________________ before me, , a Notary Public, personally appeared , 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 ack nowledged to me that he/she/they executed the same in his/her/the ir 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.
Signature _______________________________
Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975
-6-
A notary public or other officer completing this certi ficate 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 )
On _______________________ before me, , a Notary Public, personally appeared , 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________