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Home My WebLink AboutContracts & Agreements_126-2003_CCv0001.pdf EDISON INTERNATIONAL CITY OF REDLANDS May 05.2003 PUBLIC WORKS DEPARTMENT ATTN: CITY MANAGER 35 Cajon Street.Suite 222 Redlands.CA 92373 SUBJECT: Letter of Agreement for Joint Use agreement Customer: Bixby Land Location: San Bernardino avenue.City of Redlands SCE File No: REL0266813 We have received Bixbv Land's request to relocate Edison facilities to accommodate the street widening at the above location related to this project Said facilities were installed by virtue of an Edison easement(Document 28571,recorded May 28, 1913). The Edison poles to be relocated will be relocated into the street right of way dedicated and accepted by the City of Redlands as shown on Parcel Map No. 15911-1 recorded on December 18,2002. Since the facility will be relocated from it's current easement position into the street right of way, in order for Bixby's project to continue without further delay, by signing this letter,the City is committing to sign a Joint Use Agreement prepared by Edison in substantially the same form as the attached copy, transferring our current easement rights into the City's street right of way. By signing the Joint Use Agreement,the City understands that if the City requests future relocation of Edison facilities,the City will be responsible for all related costs. Due to current time constraints, by signing this letter the City also commits to signing and returning said Joint Use Agreement within 30 days of receipt. By signing said letter,signer hereby accepts and acknowledges that he is a duly authorized representative of the City. If you have any questions,please call me at(909)930-8580. Sincerely, Jeannette Rivera Right of Way Agent Corporate Real Estate JR/Attach. cc: Beverly Powell-SCE Douglas Holloway-SCE Rav GIeim-SCE THE CITY OF DLA S May 29, 2003 .Karl ws M Date Attest- Beatrice Sanchez, Deputy Cit Jerk E.R% CALIFORNIA June 27, 2003 City Clerk's Office City of Redlands Post Office Box 3005 Redlands, CA 92373 SUBJECT: JOINT USE AGREEMENT dated 6/17/03 by/btwn Southern California Edison& City of Redlands Customer: Bixby Land Company SCE CRE File No.: REL0266813 Enclosed please find a fully executed copy of the above referenced Joint Use Agreement. The original has been forwarded to our Westminster office to be forwarded to the County for recordation. Once a conformed copy is provided to me, I will forward a copy to your offices. I thank you for your attention and cooperation in this matter. Sincerely, Jeannette Rivera Right of Way Agent Corporate Real Estate JR/Encl. cc: Ron Mutter, City of Redlands M"W�flt t B V�t Fsan is ; DI Soj-7HERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 14799 CHESTNUT STREET Vv rS'7MINSTER, CA. 92683-5240 N- TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE RP File No. REL0266813 Serial No. 65756A Affects SCE DOC. 228571 Job Order: 3410 JOINT USE AGREEME11,4T THIS AGREEMENT, made and entered into this 17th day of June 20_q3, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF REDLANDS, 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 right of way easement recorded May 28, 1913 as Instrument No. 18 in Book 530, page 263 of Deeds, in the Office of the San Bernardino 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 San Bernardino Avenue in said City, County of San Bernardino, 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 instated and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or high,,vay, 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 wav, 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 "Joint Use Agreement between The City of Redlands and Southern California Edison Company " on said print marked "Exhibit A:'. Joint Use Agreement S.C.E. Co., a corp., to The Citv of Redlands Serial 65756A RP FILE: REL0266813 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 sliail 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 pen-nit 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 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 night 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 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 -2- Joint Use Agreement S.C.E. Co.. a corp., to The Citv of Redlands Sena-165756A RP FILE: REL0266813 unreasonable inte Terence with the use of said new Iocation by the other pari}'. 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 vdll protect Company's facilities against any such damage. at City's e.\-pense. 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 WI'MESS WHEREOF, the parties hereto have caused this agreement to be a Mcuted 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 Ely - - Jeannette Rivera Right of Way Agent Real Estate Operations Division Corporate Real Estate Dept. CITY OF REDLANDS. a municipal corporation By: a� Name: Karl N. Haws Tide: Mayor Attest: t Name: Po Y x Title: City Clerk -3- ALL-PURPOSE ACKINOWLEDGINIENT STATE OF CALIFORNIA 1\1 0 C(-)',,7NTNI7 OF SAN BERNARDI, SS CITYOF REDLANDS Bvthe a=uthority granted under Chapter 4, Article 3, Section 118 1. of the California Civil Code, I . In and Chapter 2), Division 3, Section 40814, of the California Government Code, on June 17, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie PoyZer, City Clerk f the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - f 1 proved to me on the basis of satisfactory evidence to f be the persons whose names) are subscribed to the within instrument and acknowledge'd to me that ,hev executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. R �A ........ LOME POYZER, CITY CLERK ORPOR4 et BY: r� ... ...... . Beatrice Sanchez, Depu,v City C lerf_j� 0 R (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation — — — — — — — — — — — — — — — — — — THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BTELOW: Title or Type of Document: Joint Use Agreement Date of Document: June 17, 1003 Signer(s" Other Than Named Above: Jeannette Rivera, R/W Agent, Southern Calif. Edison Joint A�"reeHent S.0E, C o i corp., ILO _T' 1 le Ciw of Yet Setriti u K 0 -u -x > -,�v A PORTION OF SECTION 0 19, T. 1 S., It. 3 W., S.B.M., CITY OF RUAWANDS, COIJN'IV OF SAN BLItNARDIN0 , u m z R� m STATF, 0I,' (lF 'AlA (.)IlNIA C) --4 EXHIBIT "All ITT U4 x- m > z m C) _9 -I w a? 0 -.j LAJ 0 r-n — �5 t Io iii 0 Ul C m Z SAN B.PRNA RDINQ AVE > -Z 5221.79' -7-Z- -7-7-=. w III G EXISTIN /W z iii --AEXISHNG R/W c� .-6 > PROPOSE P/W m -cn < m o m (A PROPOSED R/W , c: Ld co cn > ;rj (L) 0) 0 300 600 cn 0 -,1 M a) SCALE IN FEET uj > C, z -i, cn (A C) CD > SAN BERNARDINO AVE' F, z ------- m Ul 5221.79' L4 Z 7-Z-7-1 L4 > U4 p id EXISTING R/W cn 0 o —PROPOSED R/W (A z z Cx tinC) JOINT USE AGREEMENT BETWEEN THE CITY OF REDLANDS AND SOUTHERN CALIFORNIA EDISON COMPANY F- M ;u K: Area = 78327 SqFt = 1,7981 Acres z in 0 cll