Loading...
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 360-2: CONIROL PER CDOH PRW.150' asn 625671 s0'46'28'W 17.50' coRs NORfHING P474 2074J24.42' MLFP 2279468.0-/' P.O, BHOLLAND RD toil N89'41'55"W 663.27' Section Line 360-230 TITLE AREA JOINT USE AGREEIUENT 180 SFl.004 AC LEGEN D uuffs 0F Ja PROPOSTD RrcHI OF IIAY RIGHI OF WAY NIM OF BECINNING NNr 0F C1UMENCE |M R.O.W. P,O.B, P.O.C. DISTRICT COUNTY ROUIE 215 NUH9ER '0815000087' (SHEEI PC-t) 'ID AS DETERIIINED BY: A LINE BEIIIIEEN CSRC CORS .P471, ND \LFP' MViNG A EEARING OF NC,RIH 05'18'20' WESI. olSL{rvCES SHot$l HEREN ARt CRID 06flr{CES lw rEEf. GR1UND DISI/II/CES MY 8E OB|ANA BY DM NE 6RID O6TA CES 8Y IHE COIISIMIION FACI0R 0F 0.9999754. PREPARED BY: m. LcW A!fi Phzo k.,$ilc Zflbtg ht 90615 Ht: S2-$lm 6isEXHIBITccs8J,IPERFORPl.r',N ]!RA/VSAL 7HE A,4SIS 0F 8E,4&N6S FoR II S 00 Former South Line Hollond Rd., 30' holf-width 360-230-020 H DRD (Clw of MENIFEE R ( wid th vories) w.) st Line of Section Line SECTION ,IO, T65, R3W SBM PREPARED UNDER xp. N :NE1, NE1, NEI Sec. l0 O) o I r.)N Io(o f.) =b!'l No Ior.)N Io@r.)rt =l I P.O.B JUA 9.00' F iooFcio u, E 18.00 Detail 1"=20'EE I*1 ( 100 REV. PREPARTD LAC 364-440-004 1777) NOTES RIVERSIDE ZONE (180 SF) DATE: 02-02-2023