HomeMy WebLinkAboutContracts & Agreements_58-1989_CCv0001.pdf RECORDING REQUESTED, BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
P.O. BOX 410
LONG BEACH, CA 90801
ATTN: REAL PROP. AND ADMIN. SER. ,
LAND RIGHTS
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DQCUMENTARY TRANSFER TAX
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SIGNATURE OF DNT OR AGENT DETERMININGATAX. EFIRMN
ECLARANAME
JOINT USE AGREEMENT
Q IS AGREEMENT, made and entered into this _ 151 day of
0 �j • 192:�_, by and between SOUTHERN CALIFORNIA EDISON
C PA Y, a corporation, hereinafter called "Company" , and the CITY OF
REDLANDS, a municipal
�� corporation of the State of California,
hereinafter called "City,, ,
W 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 Grant of Easement from James B. Fox, Jr, and
Martha Fox, husband and wife, to Southern California Edison Company, a
corporation, recorded February 28, 1961 in Book 5363 , page 250, of
Official Records, in the office of the County Recorder of San Bernardino
^' County, 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 Reservoir
�kRoad in said City, County of San Bernardino, State of California,
hereinafter referred to as "highway right of way" , as shown on the
attached hereto, marked "Exhibit A" and hereb made a Print
_, said highway right of way is subject to Company' s easement; and
reof which
WHEREAS Company' s facilities as now installed and located on
k\ N 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 :
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 "area in Joint Use
Agreement" on said print marked "Exhibit A" .
f
Company agrees to rearrange, relocate and reconstruct within
said new location, any of its facilities heretofore or now installed p
pursuant to Company' s easement within said highway rightof 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 locationwithin said
highway right of way, upon and subject to the terms and conditions
herein contained . �
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Joint Use Agreement
S.C.E.Co. , a corp. , &
City of Redlands, a
municipal corp.
Serial No. 60320A
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 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 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 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 trim or top any 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.
-2-
Joint Use Agreement
S.C.E.Co. , a carp. , &
City of Redlands, a
municipal corp.
Serial No . 60320A
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
By
�?,V /��
C. S. Brooks
Regional Manager
Land Services Division
Real Properties
and Administrative Services
CITY OF REDLANDS`
By
-Mayor-
Attest :
aTorAttest :
G i t y QT4dk
STATE OF CALIFORNIA )
COUNTY OFZZ W-
++�' }
On this IT — day of �. 19-EY , before me, a
Notary y Fublic in and for said State, personally appeared C. S. Brooks,
personally known to me Few--pr-eved to me on the-- s--
$mse€--s ,- • __
_
e�lde to be a Regional Manager of the Land Services Division of Real
Properties and Administrative Services of Southern California Edison
Company, the corporation that executed the within instrument, personally
known to me to
be the person who executed the within instrument on behalf of the
corporation herein named, and acknowledged to me that such corporation
executed the same, pursuant to its by-laws or a resolution of its board
of directors .
WI SS my hand and official seal . JUDITH K. ADMIRE
NOTARY PUBLIC
SAN BERNARDINO COUNTY
CALIFORNIA
STA E OF CALIFORNIA ) My Commission Expires December 20, 1991
Ss .
COUNTY OF San Bernardino )
On this 7th day of November 19 89 , before
me, a Notary Public in.,...and for said State, personally; ansa-red
appeared Carole Beswick personally known to me (or proved
to me on the basis of satisfactory evidence) to be the Mayor
— , and Lorrie Poyzer , personally
known to me (or proved to me on the basis of satisfactory evidence) to
be the City Clerk of the City of Redlands, the municipal
corporation that executed the within instrument, and acknowledged to me
that they executed the same on behalf of such municipal corporation.
WITNESSj handand official seal .
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