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05_0993202This Instrument is for the benefit of the County of Riverside and entitled to be recorued without fee (Gov. Code 6103) Return to Riverside County Transportation Department Admin: DOC # 2005_0993202 12/01/2005 08:00A Fee:NC RecordedpaAe 1 of 7 in official Records County of Riverside Larr W. Ward Assessor, Count 11111 y Clerk 8, Recorder 1 11111131 IF 1!1!11111111111 STOP NO. 1080 M 5 U PAGE SIZE DA PCOR NOCOR SMF MISC, A R L COPY LONG REFUND NCHG I EXAM JOINT USE AGREEMENT lij ) IN ,._,�� SPACE ABOVE THIS LINE FOR RECORDER'S USE Contract No. t5 /D - Q Z ) R — RP File No. REL05124857 Riversid Co. Transportation Serial No. 66279A Affects SCE Documents: 265943, 286320, 287668, 289725, and 291852 Job Order: 3589 JOINT USE AGREEJENT THIS AGREEMENT, made and entered into this day of , 2Q%r?by and between SOUTHERN CALIFORNIA EDISON CO PANY, a co oration, hereinafter called "Company ", and the COUNTY OF RIVERSIDE, a political subdivision, of the State of California, hereinafter called "County ", WITNESSETH: THAT WHEREAS Company is the owner in possession of certain rights of way and rights(s) for electrical facilities by virtue of the following fee owned parcels and easement rights: Those certain Grant Deeds in favor of Southern California Edison Company recorded September 7, 1966 as Instrument No. 89845; recorded August 15, 1969 as Instrument No. 83872; recorded May 28, 1970 as Instrument No. 49927; that certain Judgment In Condemnation and Final Order of Condemnation recorded December 15, 1969 as Instrument No. 128005; and that certain Grant of Easement from Professional Athletes, Ltd., a partnership; composed of Dainard A. Paulson and Eugene L. Debay, general partners and composed of Bill Munson, Terry W. Baker, Albie Pearson, Roman Gabriel, Rafer Lewis Johnson, Donn D. Moomaw, Joe Namath, Dainard A. Paulson, Eugene L. Debay, Don R. Mayard and Ivan C. Frederickson Jr., limited partners, recorded June 20, 1969 as Instrument No. 61815, all of Official Records, in the Office of the County Recorder of Los Angeles County, hereinafter referred to as "Company's Rights "; and WHEREAS County has acquired easement rights for street and highway purposes for the construction and /or improvement of McLaughlin Road in said County, 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 rights; and WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, ,tnaintenance or use of said street or highway, and County desires to eliminate such interference or' obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and County do hereby agree as follows: ORIGINAL 11/01/05 3.19 Joint Use A .E. Co., a corp., and ! IIIIII IIIIIII III VIII IIIIII VIII IIIIII III 111111111 IN i� X s�es�aea Bewteen S The County of Riverside Serial 66279A RP FILE: REL05124857 The location of Company's rights insofar as they now lie 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 "30.00 Wide Area of Joint Use" and more particularly described on the "Exhibit A" and more particularly shown as the "Exhibit B ", both attached hereto and by this reference made a part hereof. Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's rights within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by County of a street or highway over, along and upon Company's rights, 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. County acknowledges Company's title to Company's rights in said new location and the priority of Company's title over the title of County in said new location. Company has and reserves the right and rights 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 rights was acquired, without need for any further permit or permission frorn County. Except in emergencies, Company shall give reasonable notice to County 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 County 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 County with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by County, 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 County for such rearrangement, relocation or reconstruction shall be required and County 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 right or rights over private property if necessary to replace Company's rights or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such right or rights, provided it is mutually agreed in writing that Company shall acquire such right or rights. County agrees to indemnify, defend and reimburse Company for any loss Company may suffer because of any lack of or defect in County's title to said new location or any subsequent location within said highway right of way, or in the title to any rights provided by County over private property, to which Company relocates its facilities pursuant to the provisions hereof, and County agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, County 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. County shall not reimburse Company for any loss caused by Company's own fault or negligence. -2- Joint Use Agreement Bewteen S.C.E. Co., a core., and The County of Riverside Serial 66279A RP FILE: REL05124857 Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's rights. Both County 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 County may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either County or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. County agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the County or its contractors, and that, if necessary, County will protect Company's facilities against any such damage, at County'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 County 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, a corporation By m FORM APPROVED Mark Meizner .Z o COUNTY COUNSEL Manager Real Estate Operations Division OCT 4 2005 Corporate Real Estate Department BY ICQ COUNTY COUNSEL COUNTY OF RIVERSIDE, ~ a political subdivision By 41. , 1; Chairman, Board of Supervi `w. hley Attest. De Y to Cou ty Clerk Nancy Romero -3- 11/01/05 3.19 Joint Use Agreement Bewteen S.C.E. Co., a carp., and The County of Riverside Serial 66279A RP FILE: REL05124857 STATE OF CALIFORNIA ) ) ss. COUNTY OF 4 0-' ) On , before me, a. "--, SQ 14el, , personally appeared M a 1/ C , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he /she) executed the same in (his /he4-authorized County and that by (his /herr signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. / f WITNESS my Signature C. S. YNNM com rokm # I do" No1Qy PUM - CaM=ft OM"P CCU* Ir1yCa�rn.pip Dw12, STATE OF CALIFORNIA ) ) ss. COUNTY OF Riverside On November 1, 2005 , before me, Maria J. Villarreal , personally appeared Marion Ashley , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he /sue) executed the same in (his /l1.er4thok) authorized County and that by (his /ham• signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. W ITN; Signa NNMJ. VLLAMft CAIrN'illri M * 1468976 Atoiary 1wb•o • caNbMb mvowwa coumv Irlrcann. � D�a 18, -4- SERIAL N0. 66279A EXHILBIT "A" JOINT USE AGREEMENT That portion of land within Riverside County, California, lying within Section 14, Township 5 South, Range 3 West, San Bernardino Meridian, said portion being described as follows: Said portion of land being the northerly 30.00 feet of the south half of said Section. EXCEPTING THEREFROM the westerly 750.00 feet of said Section. Also EXCEPTING the easterly 30.00 feet of said section. Also EXCEPTING that portion lying within Matthews Road (Romola Ave.), 60.00 feet wide, as shown on Romola Farms No. 11, on file in Map Book 15 page 3. records of the Recorder's Office, Riverside County, California. Containing 3.16 acres, more or less. SEE PLAT ATTACHED HERETO AS EXHIBIT 'B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION SAD LAND sfi - 0 / Matthew E. Webb, L.S. 5529 Date N0. 5529 Prepared by: XP. 9 -30 -06 Checked by: P 4F' CA1_l ;, THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR. BY: `IW • - 0 0 04 , DATE: 161I �IIIYIII IYIIIIIIIIIfl IIIIWIIIIUIIIIIIIII 2005-0993282 • 6:�2005105- 036MA_Esse.doc Page I of 1 Albert A. Webb Associates SERIAL NO. 66279A EXHIBIT "B" cu 0 NM, CD 0 1 0 J , cu r. m c m ti C I I I 15 ANTELOPE RD 14 V ► -F -I - F3O i SAN JACINTO RD - — ► PALOMAR RD THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SUF�V7. BY -9aie.�a � �� DATE: 10.2 • a S JUNIPERO RD -I— i i /mo ► 1 F OMOLA FARMS No. BA ► I I ►y p 15� 110 141111 C L. MCLAUGHLIN RD 3.09 ACRESL ► SCALE:1 "= B QO -_ C BY �_ DATE y1 SUBJECT: JOINT USE AGREEMENT � /�� / ► ► ► I �� STATE I ► RON40LA (ARMS PO. 11 I HWY 74 S o LAND SL 30 ~��`' ��w ��` � 1 I ► ► ► ► 1 14 MENIFEE RD 1 3 _ � No 5 9 EXP, 9 -30 -0 SECM Or CAI --VF _ UNE SCALE.' 1 "=BOO' SEC 14, T5S, R3W, SBM A L B E R T A. NKBB ROMOLAND, CALIFORNIA A S S O C I A T E S DATE PREPARED: 09/22/05 GA2005 \05- 0365 \JUA_EMNT.pro ENGfNKERtING COWS LTANT5 THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE SHEET OF I ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. - r _ — _ W.D. 05 - 0365 F OMOLA FARMS No. BA ► I I ►y p 15� 110 141111 C L. MCLAUGHLIN RD 3.09 ACRESL ► SCALE:1 "= B QO -_ C BY �_ DATE y1 SUBJECT: JOINT USE AGREEMENT