CVWD - Joint Use Madison Extension 09JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT ("Agreement") is entered into as of Qpap." 7
2009, by and between the City of La Quinta, a municipal corporation ("City"), and Coachella
Valley Water District, a county water district ("CVWD").
Recitals
A. City is a municipal corporation organized and existing under the laws of the State of
California.
B. CVWD is a county water district organized and existing under the County Water District
Law (Water Code § 30000 et seq.) and the Coachella Valley District Merger Law (Water Code
§ 33100 et seq.), with its principal place of business in Coachella, County of Riverside, State of
California.
C. The Cities of Indio and La Quinta are jointly replacing the Coachella Canal and Avenue
50 Bridge with a dual box culvert to facilitate the future widening of both Avenue 50 and
Madison Street, in accordance with project plans entitled Coachella Canal Improvement Plans —
Phase 2 approved on June 26, 2009 (the "Project").
D. The United States Department of the Interior, Bureau of Reclamation ("BOR") has pre-
existing irrigation pipeline easement and pre-existing pipeline facilities ("Existing Facilities')
located within the existing street right-of-way easement ("Existing Easement"). The locations of
the Existing Facilities are described and/or depicted in Exhibit "A" hereto and Exhibit "A" is
incorporated herein by reference..
E. CVWD is responsible for operating, maintaining, and repairing the irrigation lines located
in the Existing Facilities on behalf of the BOR, and may construct, operate, maintain, and repair
new facilities in the Existing Facilities. As used in this Agreement, all references to the Existing
Facilities, or to any pre-existing irrigation pipeline easement or pre-existing pipeline facilities
which are a part thereof, whether relocated or not, shall mean and include the collective
interests of both CVWD and the BOR as described and/or depicted in Exhibits "A" and "B"
attached hereto.
F. The City of Indio, acting as project lead, desires to relocate the irrigation lines within the
Existing Facilities to a location outside the Existing Easement to accommodate the box culvert
canal improvements. A description and/or depiction of the pre-existing facilities the City desires
to relocate, and the locations to which those pre-existing facilities will be relocated, is attached
as Exhibit "B" attached hereto and is incorporated herein by reference.
G. The parties desire that the Project, including the canal Improvements and future
Madison Street widening proceed and that the Cities be permitted to relocate the existing
irrigation line to accomplish the canal improvements and future street widening, with the
understanding that the City's proposed use of the Pre -Existing Easements shall be compatible
with CVWD's and/or the BOR's use of the Pre -Existing Easements, and further that the City's
joint use of the Pre -Existing Easements will not interfere with CVWD's construction, operation,
use, maintenance, and/or repair of any facilities.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
Agreement
The Recitals set forth above are a part of this Agreement and are incorporated
herein as thought set forth in full.
2. This Agreement applies only to those irrigation laterals located within the City's
current jurisdictional boundary. The parties acknowledge that separate
arrangements may be necessary with respect to the irrigation laterals located within
the City of Indio's jurisdictional boundary.
3. The City acknowledges that the BOR and CVWD acquired the Existing Irrigation
Easements prior to the City obtaining its street right-of-way easement, and the City
agrees as an accommodation for the project that the Existing Irrigation Easements
confer prior rights to the BOR and CVWD with respect to the said irrigation
easements.
4. The locations of the Existing Irrigation Facilities with the easement identified in
Exhibit "A" hereto shall be, and hereby are, changed as set forth in Exhibit "A". The
City, as a further accommodation for the project, hereby grants to the BOR and
CVWD prior rights to the relocated irrigation line described and/or depicted in Exhibit
"A". The City agrees to treat the BOR's interests as prior to the interests of the City
therein.
5. The locations of the Existing Easements not identified in Exhibit "A" hereto shall not
be affected by this Agreement.
6. CVWD hereby consents to the construction, reconstruction, maintenance, or use by
the City of a roadway over, along, and upon the Existing Easements, whether
relocated or not, within the City's street right-of-way easement and subject to the
terms and conditions herein contained.
The BOR and CVWD have the right to use the relocated facilities pursuant to this
Agreement in their new locations, for all the purposes for which the Existing
Easements were acquired, without need for any further permit or permission from the
City. Except in emergencies, CVWD shall give reasonable notice to the City before
performing any work in the relocated irrigation line locations, where such work will be
performed in, on, or over the traveled way or improved shoulders of Madison Street
or will obstruct traffic. In all cases, CVWD shall perform its work in a manner that will
afford security for life and property, and CVWD shall restore any affected street as
near as may be to its former state or so as not to have impaired unnecessarily its
usefulness.
8. In the event that the future use of the City's street right-of-way easement shall at any
time or times necessitate a rearrangement, relocation, reconstruction, or removal of
CVWD's or the BOR's facilities, whether relocated or not, the City shall notify CVWD
in writing of such necessity and agree to reimburse CVWD on demand for any costs
incurred in complying with such notice. CVWD shall provide the City with plans of its
proposed rearrangement and an estimate of the cost thereof and, upon approval of
such plans by the City, CVWD shall proceed promptly to effect such rearrangement,
relocation, reconstruction, or removal. CVWD shall perform such work in a manner
that will afford security for life and property. No further permit or permission from the
City for such rearrangement shall be required, and the City shall (i) enter into a Joint
Use Agreement on the same terms and conditions as are set forth herein covering
any subsequent relocation of CVWD's or the BOR's facilities within the City's street
right-of-way easement, (ii) provide executed document(s) granting to the BOR a
good and sufficient easement outside of the City's street right-of-way easement if
necessary to. replace the BOR's easement or any part thereof if requested by CVWD
of the BOR, and (iii) reimburse CVWD and/or the BOR for any costs which either
entity may be required to expend to acquire such easement, provided it is mutually
agreed in writing that CVWD and/or the BOR shall acquire such easement.
9. Except as expressly set forth herein, the Agreement shall not in any way alter,
modify, or terminate and provision of the Existing Easements nor shall it alter the
parties' respective rights with respect to other projects. Both the City and CVWD
shall use the Existing Easements, whether relocated or not, in such a manner as not
to interfere unreasonable with the rights of the other. Nothing contained herein shall
be construed as a release or waiver of any claim for compensation or damages
which the BOR, CVWD, or the City may now have or may hereafter acquire resulting
from the construction of additional facilities or the alteration of existing facilities by
either CVWD or the City in such a manner as to cause an unreasonable interference
with the use of the Existing Easements, whether relocated or not.
10. This Agreement is binding upon, and inures to the benefit of, each party hereto and
its respective agents, employees, representatives, officers, directors, affiliates,
assigns, and successors.
11. Each party agrees to perform any further acts and to execute and deliver any
documents which may be reasonable necessary to carry out the provisions of this
Agreement.
3
City Clerk
APPROVED AS TO FORM:
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ath rine JensoK
City Attorney
-Batecl: rc �� 2669:
ATTEST:
APPROVED AS TO FORM:
Scott R. Heil e
Redwine and Sherrill
Counsel of Coachella Valley Water District
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CITY OF LA QUINTA
By:
Thomas Bm .e a/ A1�Lisir�/1c
Thomas P. Genovese
City Manager
COACHE A VA LEY ITEM DISTRIC'Ti11I to
Steve Robbins
General Manager -Chief Engineer
EXHIBIT "A"
LEGAL DESCRIPTION
IRRIGATION LATERAL 118.7
RELOCATION
JOINT USE AGREEMENT
That certain parcel of land situated in City of La Quinta, County of Riverside, State of
California, being a portion of the easterly 30 feet of the northeast quarter of Section 4,
Township 6 South, Range 7 East, San Bernardino Meridian, as shown on Tract Map No.
14104, as shown on a map thereof filed in Book 112, Pages 67 through 69 inclusive of
Maps, in the Office of the County Recorder of said Riverside County, included within a
strip of land, 10.00 feet in width, lying 5.00 feet on each side of following described line:
COMMENCING at the northeast corner of said Section 4, said point also being the
intersection of 50th Avenue and Madison Street, as shown on said Tract Map No. 14104;
thence along the easterly line of said Section 4 also being the centerline of Madison
Street, South 00024'47" East 206.97 feet to the POINT OF BEGINNING;
thence leaving said easterly line and centerline, South 45°06'03" West, 18.65 feet;
thence South 89056'21" East, 16.69 feet, to a point on the easterly right of way of the
Coachella Canal, per Bureau of Reclamation Right of Way Parcel C-334-R1, also being
the westerly Right of Way of Madison Street, said point being distant thereon
South00°24'47"East 190.17' from the northerly terminus of the easterly Right of Way of
said Bureau of Reclamation Right of Way Parcel C-334-RI , as shown on said Tract Map
No. 14104, and the POINT OF TERMINATION.
RBF CONSULTING August 7, 2009
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Page 1 of 2
The sidelines of said strip shall be lengthened or shortened so as to terminate
westerly in said easterly right-of-way line of Coachella Canal (also being the
westerly Right of Way line of Madison Street — (30.00 foot half width)), and so as to
terminate easterly in the easterly line of said Section 4 (also being the Centerline of
Madison Street), as shown on said Tract Map No. 14104.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
CONTAINING: 353.47 Square Feet, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
L vi David Cox, P.L.S. 7930
My license expires 12/31/09.
Date: 0/7/;� o09
RBF CONSULTING
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Page 2 of 2
August 7, 2009
,47+/- S.F. USE AREA:
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A LEGAL DESCRIPTION FOR CANAL IRRIGATION
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DATE: AUGUST 7, 2009 JN: 10-105795-EX01