Loading...
HomeMy WebLinkAboutC-7789-1 - Joint Use Agreement (For Project 1282 Garden Communities)Batch 5619905 Confirmation (30 lT" r r U RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91765 ATTN: TITLE & VALUATION RP File No. JUA203331563 Serial No. 72148A Affects SCE DOC. 95407 Service Order: 801487300 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 30.00 S R 0 0 1 1 3 5 2 5 7 4$ 201900052805411:39 am 12/17/19 48 401 Al2 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this 11 day of DELEM15E0- 20A by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF NEWPORT BEACH, 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 Bud easement(s) for electrical facilities by virtue of the following easement right4: That certain Grant of Easement recorded June 19, 1947 as Instrument No. 25850, in Book 1522, Page 527 of Official Records, in the Office of the Orange 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 Jamboree Road in said City, County of Orange, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit B" 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 Bud 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, Bud it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", described on the Exhibit A" and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit B", both attached hereto and by this reference made a part hereof. Page 1 of 2 https://gs.secure-recording.com/Batch/Confirmation/5619905 12/17/2019 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE & VALUATION RP File No. JUA203331563 Serial No. 72148A Affects SCE DOC. 95407 Service Order: 801487300 SPACE ABOVE THIS LINE FOR RECORDER'S USE JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this Il day of _DEc.&MISEA- , 2014 by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF NEWPORT BEACH, 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 Grant of Easement recorded June 19, 1947 as Instrument No. 25850, in Book 1522, Page 527 of Official Records, in the Office of the Orange 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 Jamboree Road in said City, County of Orange, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit B" 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", described on the Exhibit A" and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit B", both attached hereto and by this reference made a part hereof. JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Newport Beach Serial 72148A RP FILE: JUA203331563 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. 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 -2- JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Newport Beach Serial 72148A RP FILE: JUA203331563 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. Attest: SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By f ` Michael J. Williams Real Estate & Facilities Advisor Land Management - Southern Region Real Properties Department CITY OF NEWPORT BEACH, a municipal corporation By: Name race K. Leung Title: City Manager Name: Leilani I. Brown Title: City Clerk -3- APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: toit Isom By: Q:.+. g t.G.®� � yAaron C. Harp, City Attorney wr-%QIUAhl JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Newport Beach Serial 72148A RP FILE: JUA203331563 A notary public or other officer 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 County of On before me, I a Notary Public, personally appeared 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 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 official seal. Signature A notary public or other officer 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 County of On before me, I a Notary Public, personally appeared 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 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 official seal. Signature no JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Newport Beach Serial 72148A RP FILE: JUA203331563 A notary public or other officer 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 County of 16 On a Notary Public, personally appeared ' \M\CVVe1 J • W111K/yyy1 , who proved to me on the basis of satisfactory evidence to be the perso whose name 2s qu'subscribed tothe within instrument and acknowledged to me that he sja6/tboy executed the same iy(his/kef�t it authorized capacity;ies), and that by(jober'/ signature((Won the instrument the persons*, or the entity upon behalf of which the personssracted, 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 official seal. M CAPCIA-MEONANO Notary Public - California Signature ^ Los Angeles County Commission x 1212176 My Comm. Expires Aug 31, 2021 -5- EXHIBIT "A" LEGAL DESCRIPTION UTILITY EASEMENT SERIAL 72148A THAT CERTAIN PARCEL OF LAND SITUATED, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF BLOCK 50, IRVINE'S SUBDIVISION, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING STRIPS OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: STRIP 1 COMMENCING AT THE HEX BAR IN WELL MONUMENT PER CORNER RECORD 2013-3387 FILED MARCH 3, 2014 IN THE CITY OF IRVINE, COUNTY OF ORANGE BEING THE STREET CENTERLINE INTERSECTION OF JAMBOREE BOULEVARD AND CAMPUS DRIVE AS SHOWN ON SAID TRACT MAP NO. 17641; THENCE WESTERLY ALONG SAID CENTERLINE OF CAMPUS DRIVE AS SHOWN ON TRACT MAP NO. 17641 NORTH 49019'49" WEST 17.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE OF CAMPUS DRIVE SOUTH 40038'23" WEST 102.30 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 40038'23" WEST 29.23 FEET TO THE POINT OF TERMINUS; THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY IN THE CENTERLINE OF SAID CAMPUS DRIVE AS SHOWN ON TRACT MAP NO. 17641 AND SOUTHWESTERLY IN A LINE PERPENDICULAR TO LAST MENTIONED COURSE. CONTAINING: 2,631 SQUARE FEET OR 0.06 ACRES, MORE OR LESS STRIP 2 BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "A"; THENCE NORTH 68°22'06" WEST 59.58 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF JAMBOREE BOULEVARD AS SHOWN ON PARCEL MAP FILED IN BOOK 142, PAGES 18 AND 19, OF PARCEL MAPS IN THE OFFICE OF SAID ORANGE COUNTY RECORDER; THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE NORTHWESTERLY RIGHT OF WAY OF SAID JAMBOREE BOULEVARD AS SHOWN ON SAID PARCEL MAP AND SOUTHEASTERLY IN THE NORTHWESTERLY SIDELINE OF STRIP 1 AS PREVIOUSLY DESCRIBED. CONTAINING: 981 SQUARE FEET OR 0.02 ACRES, MORE OR LESS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD. PREPARED UNDER THE SUPERVISION OF: 9/17/19 GRE RY S. BORCHARD, LS 7705 0`� o y�SL B '�tiPL MY REGISTRATION EXPIRES: 12/31/20 a 0 Lu v A * L.S. N0. 7705 *, - e Qa \ \$ \ \\ o -«` ® fCJ) 3 \§ \ 2CL d G ®ke w 90� QE $) zZY e 3 §[\k ® k , �Q & /\ g\\ 2 ( \� M78 -u&ami K!§ _» -40 zo /. mV ,»cM3Nw zo - 2\■k . . " ®` % oma,¢ Cd� �§6; 2k��( — �m §au) In ( \ ®Q— (\{\ \ c5 ?3 % 0&48 K / 2 ® 2 ri ° \ \\\�\ k§© A. 22N% 91) 4ci <~eee~ \)t( a ® »$ \\�\\� �4j \\ .A |.K ;QcoKza mkr(§ 7 « QC) ¥eR«, «§Ky Q ,*6\ � � \� / Lij §.( %