HomeMy WebLinkAboutC26530 - JUA SCE Utility RelocationContract No. C26530
REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Authorize the Mayor to Execute a Joint Use Agreement with Southern
California Edison for Utility Relocation within Section 29 Assessment
District 2004-02
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: May 24, 2007
CONTENTS: Agreement, Vicinity Map
Recommendation:
Authorize the Mayor to Execute a Joint Use Agreement with Southern California
Edison for the relocation of existing facilities in conjunction with the construction
of the Section 29 Assessment District 2004-02 improvements.
Discussion:
As part of the construction of improvements within the Section 29 Assessment District
certain Southern California Edison utilities must be relocated. The attached agreement
provides the necessary permissions to accommodate this relocation.
Therefore, staff recgmmends that City Council, by minute motion, authorize the Mayor to
execute the subjegf Agreement.
Depa
Mark Greenwood, P.E.
Director of Public Wor
Appr
ervices
Carlos L. e
City Manager
Paul Gibson
Director of Finance
TY COUNCIL ACTION.
PROVED_. .1/.
VED
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NOES Ong
4BSENT:
ABSTAIN: dlbnf,
VERIFIED P ' z �w ._. . . a•.,3674...ss, ,..,
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DENIET ._.,a,
OTHER
Conrract No. C2.6530
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERIV CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RP File No. REL04125053
Serial No. 67118A
Affects SCE Documents: 263394, 227172, 399894, 394259
Job Order: 3891
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 PALM DESERT, a municipal corporation of the State of California,
hereinafter called "City",
WITIVESSETH:
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 Joint Use Agreements between the City of Palm Desert and the Southern
California Edison Company, recorded November 6, 1986, as Instrument No. 280704, recorded
October 20, 1998 as Instrument No. 453444, and those certain Grant of Easements in favor of
Southern California Edison Company from Golden Sands Company, a limited partnership, H. James
Hicks, Jr., general partner, recorded December 16, 1965 as Instrument No. 140870; from G.M.
Robertson Schaefer et al, recorded April 22, 1966 as Instrument No. 42125 and from David
Freedman & Co., Inc., recorded February 20, 1987 as Instrument No. 47127, all of Official Records,
hereinafter referred to as "Co�pany's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the
construction and/or improvement of Dinah Shore Drive, Portola Avenue and Gerald Ford Drive 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:
Contract No. C26530
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67218A
RP FILE: REL04125053
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
refened to as "new location", and more particularly described as "Joint Use Agreement" on the
"Exhibits A and A-1" and more particularly shown on the �Exhibits B and B-1", all attached hereto
and by this reference made 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, 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 reanangement,
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.
-2-
Contract No. C26530
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
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 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 EDISON COMPANY,
a corporation
BY C //--��
Robert Castillo
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Department
CITY OF PALM DESERT
By:
Name:
Title:
By:
Name:
Title:
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she) executed the same in (his/her) authorized
capacity and that by (his/her) signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
-4-
S��A-c. �In . C�`111 g�
EXHIBIT "A"
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "A"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29,
TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRiBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF DINAH SHORE
DRIVE AND PORTOLA AVENUE;
THENCE ALONG THE CENTERLINE OF SAID DINAH SHORE DRIVE
SOUTH 89°43'28" WEST A DISTANCE OF 63.71 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE LEAVING SAID CENTERLINE SOUTH 03°46'S5" WEST A
DISTANCE OF 159.82 FEET;
THENCE NORTH 46°05'53" WEST A DISTANCE OF 70.58 FEET;
THENCE NORTH 00°07'20" WEST A DISTANCE OF 230.99 FEET;
THENCE NORTH 48°53'21" EAST A DISTANCE OF 55.54 FEET;
THENCE NORTH 00°59'S6" WEST A DISTANCE OF 9.99 FEET;
THENCE NORTH 89°00'04" EAST A DISTANCE OF 31.29 FEET;
THENCE SOUTH 03°46'S5" WEST A DISTANCE OF 167.88 FEET TO THE
TRUE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 17,785 SQUARE FEET OR 0.408 ACRES, MORE OR LESS.
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BY SEP.ARATE
INSTRUMENT I j I a
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i ; �1 AN EASEMENT IN FAVOR GF SOUTHERN
CALIFORNIA FDISON CQMFANY, t=OR PUBLIC
LINE DATA I UTILITY AND !NCIDENTAL PURPOSES, PER
� INST. N0. 140870, REC. 12/10/65, O.R.
N0, BEARING LENGTH
; �i N a�•a� 2�" E 63.71' MSA CONSULTING, INC.
L2 N 46'05'S3" W 70.58' — �
L3 N 48'53'21" E :,5.54' MAINIERO, $MTI'H 8c ASSOCIATES, INC.
L4 N 00'S9'56" W 9.99' P�''� � C�' �N(3INSERIN6 ■ L�rrn SvievExu�ro
L _L5 N 89'00'04' E 31.29` �� �B HoPe D� ■RwNc►co M�ae■CA 92270
'[�t.�pt�orra(760) 320-9ZS11 ■ Fex (760) 323-7893
J.N. 1728 sHE� � oF �
- � ��C. �lo . �o�����-
EXHIBIT "A'=1
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "A"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOGETHER
W�TH THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, ALSO
TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF SECTION
33, ALL BEING IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRIBED AS
A WHOLE AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28;
THENCE NORTH 21°01'S8" WEST A DISTANCE OF 178.98 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 44°28'04" EAST A DISTANCE OF 4.68 FEET;
THENCE NORTH 00°59'30" WEST A DISTANCE OF 6.16 FEET;
THENCE SOUTH 68°39'28" EAST A DISTANCE OF 275.77 FEET;
THENCE NORTH 89°56'35" EAST A DISTANCE OF 36.40 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 4.00 FEET;
THENCE SOUTH 89°56'35"WEST A DISTANCE OF 40.00 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 131.00 FEET TO A LINE THAT
IS PARALLEL WITH AND 59.00 FEET SOUTHERLY OF THE NORTHER�Y LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 33;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°56'35" WEST A DISTANCE OF
10.00 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00°03'25" WEST A DISTANCE
OF 129.59 FEET;
THENCE NORTH 68°39'28" WEST A DISTANCE OF 264.58 FEET TO THE TRUE
POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS,
RIGHTS AND RIGHTS-OF-WAY OF RECORD. O�,L,/�D�I
� ��r�
CONTAINING 4,165 SQUARE FEET � �� L�
OR 0.096 ACRES, MORE OR LESS. p
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PAGE 1 OF 1 Of �A1.\F
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EXHIBIT "B"1
JOINT-USE AGREEMENT \o� o�
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i j �G,`'f JG�,p�S E.R O L
SCE EASEMENT � VARIES _ I O � F�y�
BY SEPARATE I L2 � PARCEL A �
INSTRUMENT j a
�� �/� � ,� 4,165 SQ. FT.
— � , 0.096 AC. ` �' . o3j3i%os �S�'
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— - - — � / %� � � h' 26 � \ �
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GERALD FORD DRIVE 29 \ � 28 SECTION LINE � 3
---- -- - - ----- ----�— — --- - — - -- --� — - - — -- -- -- � - - -- - - -
32 33 N N
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LINE DATA �� J Lf� I�I I���',�
-�. N0. BEARING LENGTH � � � �: ���(�o �,��
L1 N 44'28'04" E 4.68' �
L2 N 00'S9'30" W 6.16' a MSA CONSULTING, 1NC.
L3 N 89'S6'35" E 36.40'
• L4 N 00'03'25" W 4.00' MAINIERO, SHtrrH � A.ssoc�,�s, Ixc.
. 1 " = 60� L5 N 89'S6'35" E 40.00' P�r+mvnvc ■ C;IVII.ENGINEERIN(3 ■ Lerm Sbxvt�vlo
L6 N 89'S6'35" E 10.00' 34200 BoB Hora Derva.Rwxcao Mnuaa■CA 92270
'I�.e�xor�(760) 321�9811 ■ Fwx (760) 3237893
,�
J.N. 1728 SHEET i cF �
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: TITLE 8s REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RP File No. REL04125053
Serial No. 67118A
Affects SCE Documents: 263394, 227172, 399894, 394259
Job Order: 3891
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 PALM DESERT, 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:
Those certain Joint Use Agreements between the City of Palm Desert and the Southern
California Edison Company, recorded November 6, 1986, as Instrument No. 280704, recorded
October 20, 1998 as Instrument No. 453444, and those certain Grant of Easements in favor of
Southern California Edison Company from Golden Sands Company, a limited partnership, H. James
Hicks, Jr., general partner, recorded December 16, 1965 as Instrument No. 140870; from G.M.
Robertson Schaefer et al, recorded April 22, 1966 as Instrument No. 42125 and from David
Freedman & Co., Inc., recorded February 20, 1987 as Instrument No. 47127, all of Official Records,
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 Dinah Shore Drive, Portola Avenue and Gerald Ford Drive 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:
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
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 more particularly described as "Joint Use Agreement" on the
"Exhibits A and A-1" and more particularly shown on the "Exhibits B and B-1", all attached hereto
and by this reference made 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, 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.
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
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 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 EDISON COMPANY,
a corporation
By �
� �
Robert Castillo
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Department
CITY OF PALM DESERT
By:
Name:
Title:
By:
Name:
Title:
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeazed , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she) executed the same in (his/her) authorized
capacity and that by (his/her) signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
-4-
S�i�-c.. �ln . C�'111 g�
EXHIBIT "A"
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "Q"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29,
TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF DINAH SHORE
DRIVE AND PORTOLA AVENUE;
THENCE ALONG THE CENTERLINE OF SAID DINAH SHORE DRIVE
SOUTH 89°43'28" WEST A DISTANCE OF 63.71 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE LEAVING SAID CENTERl.INE SOUTH 03°46'S5" WEST A
DISTANCE OF 159.82 FEET;
THENCE NORTH 46°05'S3" WEST A DISTANCE OF 70.58 FEET;
THENCE NORTH 00°07'20" WEST A DlSTANCE OF 230.99 FEET;
THENCE NORTH 48°53'21" EAST A DISTANCE OF 55.54 FEET;
THENCE NORTH 00°59'S6" WEST A DISTANCE OF 9.99 FEET;
THENCE NORTH 89°00'04" EAST A DISTANCE OF 31.29 FEET;
THENCE SOUTH 03°46'S5" WEST A DISTANCE OF 167.88 FEET TO THE
TRUE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 17,785 SQUARE FEET OR 0.408 ACRES, MORE OR LESS.
���'�0�i
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PAGE 1 OF 1 OF CAL��
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S�.!/�-t. tilo � (�1 l 1�A�
EXHIBIT "B"
JOINT-USE AGREEMENT ��
o�,P� �A,yo
��,�'oJ��,p,S E.RFo sG,QL
4 �
� �
SCE EASEMENT � � i o. 7964
BY SEPARATE � � E . 03/31/08 �
INSTRUMENT S�` ��
� VARIES �
. ����F CAL�F��
�� ��� � J L5 - - - - � - - - - -�
��C�o �g � �,� , I ;
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PARCEL •A• i/ � I � �v
17,785 SQ. FT. / � ! I ; � �°
0.408 AC. °p �
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- -- --- —� � �
� �
� I �----
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N � PAR. 'A"
DINAH SHORE 3 W
-__ _ � - - �-i— �i -� - - - . _ . _
DRIVE � � ! �
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\ '� I Q ; I
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SCE EASEMENT I � � � �
BY SEPARATE `� X ' O
INSTRUMtNT I w i a
� � AN EASEMENT IN FAVOR OF SOUTIiERN
�-- I CALIFORNIA EDISCN COMPANY, FOR PUBL(C
LINE DATA UTILITY AND INCIDENTAL PURPOSES, PER
N0. BEARING LENGTH INS?. N0. 14t�870, P,EC. 12/16/65, O.R.
L' N 89'43'28" E 63.71' MSA CONSULTING, INC.
L2 N 46'05'S3" W /0.58'
L3 N 48'S3'"L 1" E 55.54' � MAINIERO, $MITH & ASSOCIATES, IN�
L4 N 00'S9'S6" W 9.99 �-'��'�i°'1° ■ � Exau+saxuao ■ L�rro SvaveYu�ra
L5 N 89'00'04" E 31.29� �� �B H�pg ��VE�Rnrrc[to M�ae �CA 92270
'I�.aPHON� (760) 320-9811 ■ F�x (760) 323-7893
J.N. 1728 sHE� i oF �
S�-li�C.� 11/0 �07����
EXHIBIT "A'��
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "A"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOGETHER
WITH THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, ALSO
TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF SECTION
33, ALL BEING IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRIBED AS
A WHOLE AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28;
THENCE NORTH 21°01'S8" WEST A DISTANCE OF 178.98 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 44°28'04" EAST A DISTANCE OF 4.68 FEET;
THENCE NORTH 00°59'30" WEST A DISTANCE OF 6.16 FEET;
THENCE SOUTH 68°39'28" EAST A DISTANCE OF 275.77 FEET;
THENCE NORTH 89°56'35" EAST A DISTANCE OF 36.40 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 4.00 FEET;
THENCE SOUTH 89°56'35" WEST A DISTANCE OF 40.00 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 131.00 FEET TO A LINE THAT
IS PARALLEL WITH AND 59.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 33;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°56'35" WEST A DISTANCE OF
10.00 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00°03'25" WEST A DISTANCE
OF 129.59 FEET;
THENCE NORTH 68°39'28" WEST A DISTANCE OF 264.58 FEET TO THE TRUE
POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS,
RIGHTS AND RIGHTS-OF-WAY OF RECORD. `O�,L,/WD�
CONTAINING 4,165 SQUARE FEET �� ���� �L�
OR 0.096 ACRES, MORE OR LESS. p
a �o
� �
Exp.3l3tli0s
��9TF OQ`�\�
PAGE 1 OF 1 �F CAL��
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0
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORIVIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATT1V: TITLE & REAL ESTATE SERVICES
SPACE ASOVE THIS LlNE FOR RECORDER'S USE
RP File No. REL04125053
Serial No. 67118A
Affects SCE Documents: 263394, 227172, 399894, 394259
Job Order: 3891
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20_, by
and between SOUTHERN CALIFORNIA EDISOIV COMPANY, a corporation, hereinafter called
"Company", and the CITY OF PALM DESERT, 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:
Those certain Joint Use Agreements between the City of Palm Desert and the Southern
California Edison Company, recorded November 6, 1986, as Instrument No. 280704, recorded
October 20, 1998 as Instrument No. 453444, and those certain Grant of Easements in favor of
Southern California Edison Company from Golden Sands Company, a limited partnership, H. James
Hicks, Jr., general partner, recorded December 16, 1965 as Instrument No. 140870; from G.M.
Robertson Schaefer et al, recorded April 22, 1966 as Instrument No. 42125 and from David
Freedman & Co., Inc., recorded February 20, 1987 as Instrument No. 47127, all of Official Records,
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 Dinah Shore Drive, Portola Avenue and Gerald Ford Drive 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:
JOINT USE AGREEMEIVT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
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
refened to as "new location", and more particularly described as "Joint Use Agreement" on the
"Exhibits A and A-1" and more particularly shown on the "Exhibits B and B-1", all attached hereto
and by this reference made 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, 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 sa.id 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 reanangement, 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.
-2-
JOINT USE AGREEMENT
S.C.E. Co,, a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
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 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 EDISON COMPANY,
a corporation
>
BY `.i` ; � =:�
Robert Castillo
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Department
CITY OF PALM DESERT
By:
Name:
Title:
By:
Name:
Title:
-3-
JOINT USE AGREEMEIVT
S.C.E. Co., a corp., to
The City of Palm Desert
Serial 67118A
RP FILE: REL04125053
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she) executed the same in (his/her) authorized
capacity and that by (his/her) signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , a Notary Public
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their)
authorized capacity and that by (his/her/their) signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
-4-
.
_
����4=t.. n C�7Il g� . _
EXHIBIT "A"
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "A"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29,
TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF DINAH SHORE
DRIVE AND PORTOLA AVENUE;
THENCE ALONG THE CENTERLINE OF SAID DINAH SHORE DRIVE
SOUTH 89°43'28" WEST A DISTANCE OF 63.71 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE LEAVING SAID CENTERLINE SOUTH 03°46'S5" WEST A
DISTANCE OF 159.82 FEET;
THENCE NORTH 46°05'S3" WEST A DISTANCE OF 70.58 FEET;
THENCE NORTH 00°07'20" WEST A DISTANCE OF 230.99 FEET;
THENCE NORTH 48°53'21" EAST A DISTANCE OF 55.54 FEET;
THENCE NORTH 00°59'S6" WEST A DISTANCE OF 9.99 FEET;
THENCE NORTH 89°00'04" EAST A D�STANCE OF 31.29 FEET;
THENCE SOUTH 03°46'S5" WEST A DISTANCE OF 167.88 FEET TO THE
TRUE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 17,785 SQUARE FEET OR 0.408 ACRES, MORE OR LESS.
�o��0�
��,� �� 9`
� `
a
� *
J,� Exp.31'31Ad `Q,
PAGE 1 OF 1 qT�Of �A1.�����
.....,.-=
_ _.
. �!A-t, tJ0 �'7�l�/� _ _ _
_ . . _ _. _ ..
� EXHIBIT "B"
JOINT-USE AGREEMENT ��
c� `S'G
�NP1. LAIyO
�c?"oJ��,P,S E.RFo` 'AL
4 �
� �
SCE EASEMENT � i o. 7964
BY SEPARATE i � E . 03/31/OS �
INSTRUMENT / I VARIES �T 0���
F�F CAL�F
�� �/�,� ( J L5 - - - � - - - - �
���o �g � ,� � , � ��
� � ' � �
� ' � �e �o
PARCEL •A• �/ � � �
17,785 SQ. FT. � ! G�� �°
0.408 AC. / � � � ��
_ � _ � �
� � `2
co i
i \
I �
o, ; I
rn � i
� � � T.P.O.B. ;
'v � PAR. �A� I
DINAH SHORE 3 W ,
- - � . �� --�i - - - -
DRIVE N � � i '�
� ,
� � P.o.c.
0 0 �I � PAR. "A"
� z z ! .�.
� W �� SECTION LINE /
� � i
� � � � I ; �
\ � ^ i a l I � ,. = 60'
\ � J � i
�
i
SCE EASEMENT � �� � I �
BY SEPARATE
ifVSTRUMtNT i t.� � a
� �1 AN EASEMENT IN FAVOR OF SOUTI-iERN
CAUFORNIA EDIS01� CGMFANY, FOR PUBLiC
� LINE DATA � ' UTILITY AND INCIQENTAL PURPOSES, PEK
, NI 0. BEF,RfNG LENGTH INS?. NO. 1�1�87(�, P,EC. 12/16/65, O.R.
�_� ry ss•a3 �a" E s�.�i' MSA CONSULTING, INC.
L2 tJ 46'05'S3" W /0.58'
L3 �i 48'53"21" E 55.54' �MAINIERO, $MTTH 8t ASSOCIATES, IN�
L4 �N 00'S9'56" W 9.99' hr►xrrnvc' ■ Crvu. ENou�res�n�ra ■ Lwrro Svevsrnvc
L5 N 89'00'U4" E 31.29' �� �B xor$ Diuve r(�rcHo M�ac ■CA 92270
'I�a.FxsoN� (760) 320-9811 ■ F�x (760) 323-7893
J.N. 1728 sHE� � oF �
_ _
_
_.__ _ . ..
_ �C. I�O C������
� EXHIBIT "A'�1
(LEGAL DESCRIPTION)
JOINT USE AGREEMENT
PARCEL "A"
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOGETHER
WITH THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, ALSO
TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF SECTION
33, ALL BEING iN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., DESCRIBED AS
A WHOLE AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28;
THENCE NORTH 21°01'S8" WEST A DISTANCE OF 178.98 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 44°28'04" EAST A DISTANCE OF 4.68 FEET;
THENCE NORTH 00°59'30" WEST A DISTANCE OF 6.16 FEET;
THENCE SOUTH 68°39'28" EAST A DISTANCE OF 275.77 FEET;
THENCE NORTH 89°56'35" EAST A DISTANCE OF 36.40 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 4.00 FEET;
THENCE SOUTH 89°56'35" WEST A DISTANCE OF 40.00 FEET;
THENCE SOUTH 00°03'25" EAST A DISTANCE OF 131.00 FEET TO A LINE THAT
IS PARALLEL WITH AND 59.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 33;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°56'35" WEST A DISTANCE OF
10.00 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00°03'25" WEST A DISTANCE
OF 129.59 FEET;
THENCE NORTH 68°39'28" WEST A DISTANCE OF 264.58 FEET TO THE TRUE
POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS,
RIGHTS AND RIGHTS-OF-WAY OF RECORD. `o�1L.LAND�I-
CONTAINING 4,165 SQUARE FEET �� ��9L
OR 0.096 ACPES, MORE OR LESS. � ��E' �
a �
� *
Exp.3�3troe
��9�F OQ`�\�
PAGE10F1 OF �AL�F
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