2023/04/13 Southern California Edison Company Partially Executed Joint Use Agreement - Southern California Edison Company APN: 360-230-020 & 360-230-022RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPAIIY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
SPACE ABOVE THIS LINE FOR RECOROER'S USE
DOCIJMENTARY TRANSFER TAX S NONE (VALUE
ANO CONSIDERATION LESS THAN $1OO OO)
SCE Company
SIG OF OECLARANT OR AGENT DEIERMIIIING IA)( F]RM NAME
MENII;t]I.]8014 t3846 73333A 042- 105
041- 105 504521
FtM 548-1719{
APN 36+230{20 & @2 SF 01t24/2022
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 MENIFEE, a municipal corporation of the State of California, hereinafter called 'City',
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 recorded March 21, 2072, as Instrument No. 2012-0130453,
of Official Records, in the OIIice of the Riverside 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 HOLLAND ROAD 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:
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'.
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,
including, but not limited to, the cost of acquiring any easements oI rights of way oYer private
property.
WITNESSETH
ATTN: TITLE & REAL ESTATE SERVICES
Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521
In consideration of the payment to Company of the cost of relocation as aforesaid, and upon
acquisition of any and all easements over 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 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 tiUe 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 tralfic. 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 necessit5r 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 indemnifu, 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. City warrants that the City's rights to the new location will allow the Company to exercise
all the rights granted by the Company's easement.
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
-2
Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521
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 oflicers thereunto duly authorized, as of the day and year herein first
above written.
SOUTHERN CALIFORNTA EDISON COMPANY,
a corporation
By
Monica Contreras
Real Estates & Facilities Advisor
Land Management - Eastern Region
Vegetation & Land Management
CITY OF MENIFEE, a municipal corporation
By:
Name:
Title:
By:
Name:
Title:
-J-
Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Allects SCE Document(s): 504521
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certihcate is attached, and not the truthfulness, accuracy, or
validi of that document.
State of California )
County 61fuvZ.F-.$rfi 1
On kPP{ r t 2423 before me,Lp*!.1e^^n*rI a Notary Public,
personally app r.rSa*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 hc/she/they executed the same in his / her/ their
authorized capacity{ie's), and that by his/her/their signature(s} on the instrument the person{8), or
the entity upon behalf of which the person{Q 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 ha and seal
ERIN Y. YBANEZcor . la.t2r$/rt 3ItoulY Pt allc - c llFo an
R'UERSDE COI,XW' [, Cant E4it!tto/Ef,ER fi, Ap6
4-
Signature
\-},tA8Y Y l1f,l{ } lorsr$ llI)ci .rra,rr*r atut /taroxr rhuol ,oaima
'i
r- Ir'..
Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521
A notary public or other offrcer 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 )
personally appeared , who proved to me on the
Lasis of satisfa"to.y ."ia" 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 ollicial seal
Signature
A notary public or other oflicer 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 Califomia )
County of
before me,
-,
d Notary Public,
before me,
-,
a Notary Public,On
personally appeared , who proved to me on the
tasis of iatis:f""to.v 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 ollicial seal.
Signature
5-
County of _)
On
bxHlur l "A"
SCE SERIAL NO. 733334
w.o.801413846
NOT. 203261558
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NOTES
RIVERSIDE
ZONE
(180 SF)
DATE: 02-02-2023