RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY– 2
ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No.: JUA204288767 Serial No. 73625A
Service Order No.: 802348771 Affects SCE Document No. 98166, 99697 & 365344
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 VISALIA, 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:
Those certain Grant of Easements recorded June 24, 1948, as Instr ument No . 16081, in Volume 1303, Page 104, and recorded July 15, 1948, as Instrument No. 17858, in Volume 1300,
3954, P age 844, all , of Official Records, in the Office of the Tulare County Recorder, hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and hi ghway purposes for the construction and/or improvement of Riggin Avenue and Shir k Street , in said City and County of Tulare, 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 cons truction, 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 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, DRAFT
Joint Use Agreement
Between S. C. E., a corp. and
The City of Visalia
Serial No.: 73625AA
7V&LM File No.: JUA20428876
Affects SCE. Doc No.: 98166, 99697 & 365344
-2-
including, but not limited to, the cost of acquiring any easements or rights of way over private property.
In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements ove r 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 wit hin 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 titl e 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 Co mpany 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 s uch 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 ter ms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of w ay, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private prope rty 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 l ack 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 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 waive r of any claim for compensation or damages which Company DRAFT
Joint Use Agreement
Between S. C. E., a corp. and
The City of Visalia
Serial No.: 73625AA
7V&LM File No.: JUA20428876
Affects SCE. Doc No.: 98166, 99697 & 365344
-3-
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 or maintenance of said street or highway, by the City or its contrac tors, 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 par ties 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 corporation
By: __________________________________
Amy Biamonte
Real Estate & Facilities Sr. Specialist
Land Management – Northern Region
Vegetation & Land Management
CITY OF VISALIA, a municipal corporation
By___________________________________
Name_______________________________________
Title________________________________________
By___________________________________
Name_______________________________________
Title________________________________________
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Joint Use Agreement
Between S. C. E., a corp. and
The City of Visalia
Serial No.: 73625AA
7V&LM File No.: JUA20428876
Affects SCE. Doc No.: 98166, 99697 & 365344
-4-
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 )
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 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 _______________________________
DRAFT
Joint Use Agreement
Between S. C. E., a corp. and
The City of Visalia
Serial No.: 73625AA
7V&LM File No.: JUA20428876
Affects SCE. Doc No.: 98166, 99697 & 365344
-5-
A Notary Public or other officer completing this certifi cate 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 subscribe d 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 PE NALTY 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 _______________________________
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 )
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 t hat 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 O F PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
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