RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
OUTHERN CALIFORNIA EDISON COMPAN
INNOVATION WAY, 2ND FLOO
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 AND CONSIDERATION LESS THAN $100.00) Huntington Beach 801760677 72133A 043-090 DOCUMENTS SCE Company FIM: 41-8A APPROVED BY DATE
V & LM 193583
SIS. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN: 107-651-20, 23. 24. I SCE LAN Approved SF/WJM/CK 03/17/2025 25 and 26
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _day of _ 20, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter called "City",
WIINESSETH:
WHEREAS Company is the owner in possession of certain rights of way and easements) for electrical facilities by virtue of the following easement rights:
That certain Grant of Easement recorded April 12, 1961, as Instrument No. 7989, in Book 5689, Page 103, of Official Records, in the Office of the Orange County Recorder, hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for a public street for the construction and/or improvement of Landau Lane and Savoy Circle in said City, County of Orange, State of California, hereinafter referred to as "street right of way", as shown on the print attached hereto, marked "Exhibit Al" and hereby made a part hereof; and
WHEREAS, the Orange County Transportation Authority ("OCTA") requested Company to relocate its existing aerial utility facilities out of the Company Easement area and into an underground location within the street right of way, at OCTA's expense; WHEREAS, Company is unwilling to relocate out of Company's Easement into the street right of way without certain assurances from City, including those related to the costs of future relocations and/or rearrangements of Company's facilities; and
WHEREAS, among other things, City has agreed to pay for future relocations and rearrangements of the Company's facilities to be placed in the street right of way should the City's use of the street right of way require such relocations and/or rearrangements.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:
Company agrees to rearrange, relocate and reconstruct any of its facilities heretofore or now installed pursuant to Company's easement within the street right of way.
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
Company has and reserves the right to use, in common with the public's use of said street, said new location for all of the purposes for which Company's easement was acquired, including the ability to install, operate and maintain underground electric facilities. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in the new location where such work will obstruct traffic and shall obtain permits, as necessary. In all cases, Company shall exercise due care for the protection of the traveling public and adjacent/nearby City utilities.
In the event that the future use of the street 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 the street right of way, 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 and adjacent/nearby City utilities. The parties will work together to identify a suitable replacement location for Company's facilities within the street right of way. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will 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 street or highway rights of way.
City agrees to indemnify, defend and 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 the street right of way, 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.
Company agrees to indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Company's use and enjoyment of the rights set forth herein.
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 cion by the other party. gly sed at com location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of the street, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.
In the event that Company determines there is a need for Company to trim City trees or tree roots in connection with normal or routine maintenance and repair of Company's facilities within the street right of way, Company must obtain a City encroachment permit for such work. However, in the event of an emergency, defined as the need to trim City trees or tree roots to prevent an electrical outage, Company shall be allowed to trim City trees or tree roots and notify City of such emergency after such work. Any removal, trimming or topping of vegetation, brush, tree or trees which may grow in the street right of way and which, in the opinion of Company, may endanger or interfere with the proper operation or maintenance of Company's facilities, shall be limited to the extent reasonable and necessary to prevent any such interference or danger.
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
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 EDISON
COMPANY, a corpora tion
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
Mayor
City Clerk
INITIATED AND APPROVED:
Public Works Director
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
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 Lus Angeles
3/21/25 before me, Jimmy
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.
JIMMY TISCARENC
Notary Public - California
Commission 2495138
signature dis Z My Comn. Expres Jul 21, 2028 2
-4-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
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
personally appeared bers of sappeatory evidence to be the persons) whose name (s) is/are subserved to mhe on thin 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.
Signature
-5-
JOINT USE AGREEMENT
S.C.t. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual who sty ned the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California )
County of
before me,
_ who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withir 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.
Signature
-6-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Documents): 193583
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 State of California )
County of
Notary Public,
personally appeared.
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
-7-
EXHIBIT A1
PARCEL# TITLE AREA APN
JOINT USE 3298 SF
N/ A AGREEMENT PORTION OF LANDAU LN. AND SAVOY CIR.
6' WIDE ELEC. ESMT.
IN FAVOR OF S.C.E.C.
REC. 04/12/1961,
3.00 el -3.00 PER 5689/103 O.R.
N
DETAIL 'A'
00 WIDTH_TYP._
NTS
30 CURVE DATA FAILE
L 8
DELTA RADIUS LENGTH
04 C1 89°50'09" 12.50' 19.60 -(28.30') -
36'30"E)
NILS TRACT NO. 3736
M.M. 142/49-50
LINE DATA
ESMT.
LANDAU LANE BEARING DISTANCE S. C.E. C.
L1 S67°58'34"w 48.68'
L2 N89°31'26" W 39.87' 1-405 WIDE ELEC. of
5 5 04/12/1961,
L 3 S59°06'51"W 15.37'
275.17'(TIE (TIE L 4 N37° 10'55"E 12.50' IN FAVOR 5689/103 6 ,89•921 NOO°18'43"E 16.00'
L6 N37°10'55" W 12.50' 'SEE DETAIL A
NOO°18'43"E HEREON
L7 11.67' SHOWN
ONLY) L 8 N37°10'55"E 11.44'
00. 30 N89°31'26"W
165.58'
13 W - €
! SAVOY CIRCLE 8 PARCEL 16/
REL. 555
BOOK 4, PAGE 49 OF HIGHWAY MAPS
- State Jurisdiction Line ) - INDICATES RECORD INFORMATION PER I Propose Ohibit sement REL 553-555 PARCEL 16 BOOK 4,
PAGE 49 OF HIGHWAY MAPS
NOTES
The distances shown herein ore SERIAL 72133A
grid distances. Ground distances
may be obtained by dividing grid JOINT USE AGREEMENT
distances by the combination
factor of 0.99997837.
FEET 25 50 100 200
PREPARED BY: DATE: 07-30-2020 REV.: EA: FA#:
PSOMAS DISTRICT COUNTY ROUTE
SHEET PM SHEET NO. TOTAL SHEETS
20475098/104308 (Fox) 12 405
ORANGE 15.49 1 1