Loading...
HomeMy WebLinkAbout1954-12-20 - Easement Pacific Electric Railway Company 2-49-500 ®, S /✓!� OC.._18:12 Approved as to form by General.Attorney r January 27, 1949 a,� N ~ made this(�kt Jn�Pn� trP day of December 9 1954 between PACIFIC ELECTRIC RAILtiV'AY COMPANY,a California. Corporation,party of the first part, and City Vof Huntington Beach, a municipal corporation, party- of the second part t�1�PP That said party of the first part hereby grants to said party bf the second part,ease went for storm drain purposes, hereinafter termed system, across that part of the right of way or property of, said party of the first part in the City of Huntington Beach County of Orange State of California, described as follows: A strip of land, 5 feet in width, situate in the City of Huntington Beach, County of Orange, State of California, and being a portion of that certain strip of land of varying width "First" described in deed to Los Angeles Inter.-Urban. Railway Company recorded in Book 155, page 260 of .Deeds in the office of the Recorder of Orange County, said 5 foot strip of land., lying 2.50 feet on each side of a line that is the southwesterly Mrolongation of a line, parallel with and distant southeasterly 0 feet, measured at . right angles from the northwesterly line of 7th Street, 75 feet wide, as said street is shown, on map of Huntington Beach as. recorded in Book 3, page 36 Miscellaneous Maps in the office of the Recorder of Orange County. EXCEPTING therefrom any portion thereof lying within that ' certain parcel of . land "First" described in deed to_ Huntington Beach Company recorded in Book 386, page 347 of Deeds in the. office of the Recorder of Orange County. The side lines of above described 5 foot strip are to be prolonged or shortened so as to terminate in the northeasterly line of said strip of land of varying width and in the north easterl$y line of said parcel of land "First" described in said Book 38b, page 347• The above described 5 foot strip is shown colored red on plat C.E.K.-2771 hereto attached and made a part hereof. In consideration of this grant, second party'further agrees to, reimburse first party for, any and all assessments which may be levied by order of any authorized lawful body against the propert of first party (and which may have been paid by first party to defray any part of the cost or expense incurred by second party in connection.with.the construction and recon- struction of the facilities within the area described herein. Y eoc �A r, h � � ,�ltE 146 - TOGETHER with the right to enter upon and.to pass and repass over and along said strips of land and to deposit tools, implements and other material thereon by said part; of the second part, its officers, agents and employees and by persons under contract with it and their employees, whenever and wherever necessary for the purpose of constructing, maintaining, reconstructing,inspecting,operating and repairing said system. IT BEING expressly understood and made a condition of this grant that the right of the part- of the first part, its successors or assigns to maintain its present and any future tracks or other facilities along these parcels shall he recognized as prior in. time to this grant. . Ili? CONSIDERATION of the foregoing grant the party of the second part hereby agrees to indemnify and save harmless the party of the first part, its successors and assigns from any and all damages, claims. demands and liabilities whatsoever growing_ directly or indirectly- out of the construction, :reconstruction., maintenance, operation, or removal of said system. The party of the second part agrees to construct, recon.struct, tnaintaiiz, operate, remove' and alter said system in such manner that it will not interfere in any w-a), whatsoever with the,operations of said party of: the .first part,.its successors or assigns,and that the location of said system and all work in connection with the construction, reconstruction, maintenance, operation,removal,alteration, etc., of said system shall be done in a first class workmanlike manner. The party of the second part agrees that upon completion of any work in connection with said system, as much as possible of the earth excavated from the trenches thereof shall be thrown back into the trenches and the remainder shall be removed from the premises or spread out evenly and smoothly over the surface of the ground, and that all of said back-filling shall be thoroughly- packed so that the ground will not sink or cave in after said back-filling is completed. The rights and privileges herein- granted shall lapse and become void if not exercised Avthil one year from the date hereof. THE GRANT hereby made,,is upon the further condition subsequent that the premises`'aforedescribed shall at all times.be used by the party of the second part for the purposes hereinbefore set forth; and none. other, and if.at any time such use shall. be abandoned or discontinued, all rights and privileges hereby granted shall forthwith cease and determine, and the party of the second part shall thereupon remove said structure and restore said premises, ,as nearly as possible, to the same state and condition they were in prior to the construction thereof, failing in which the party of the first part may perform such work, and the', said party of the second part agrees to reimburse the party of the first part for the cost and expense thereof upon demand. THIS 1NSTR-UMENT is subject to all valid existing contracts,leases,liens or encumbrances which may affect the property and the word "grant" as used herein. shall' not be construed as a covenant against th(:. existence of anv thereof. IN NVITNESS WI-1 EREO Ii` the parties hereto have caused respective corporate names 'and,"seals.to be affixed hereunto and these presents executed by their respective officers thereunto-duly.authorized the day and year first above written. PACIFIC EI,h:CTR.IC RAIIAV)Y C�OMPAN),, a 13� ��1 - - �- - - Vic® Pros ent & General Na ®lit. -a 1�v.. - . . -.. .------ - --- 1, Secretary MCORPED AT REQUEST OF CITY OF HtJNTINGTflN BEACH a I. .. s v� , , Q k � u ,E Mayor _ `? �. 95 ,. AT----1- ---MIN.PAST--- a. M OICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA City Cl" *tatp of 01a tfurnitt l ` COUNTY RECCRDER COMPARED ss.. )j-6Z7 (gonntg of Eas Angrtes ` INDEXED ulE On this..- - `�_---�-----day- of - --- - ---- 19--� liefore'iiie --- - - - --C�--------- - - --- -.a 1\atary .Public in and for said County. personallti ah geared-- --- -- - -- ----- --- - - - - -- ---- :-.-- - --- ---------- ------ known to in to be the- .� - --Presidents and------------- --- --- - .-- .- -------- ---- �2 -._Secretary of the PACIFIC.. ELECTRIC�,RAII-AVA." -OM known tc� lire to be the��C�'�--- --_ YAN1, the Corporation that he in foregoing ment, and known to me to the persons execute(]]the within.nn nstrument oil behalf]of tl)ie corporation onttherein named,and acknowled ged eed tot me that s•ho d l g (oypotkiop,executed- the same. {#npBg fug `}t.liicI and official sea] the day and _rear in this certificate firs above i itten, 4 - VOTARY PUBLIC.ui and for the Count} of Los Angeles, State of California yE y - 16;1955 7 61 17i�t'l inimon Expires June F'CATiIFORNIA, STATE O : ., , - ' h County`"of " Orange ss/ 2 1s Ox Taus 9th �y December 9 5 s BE A D l , before me, TTY L. D OFF I x" d Notary Public;in and for said County and State, personally, appeared PLOY SEABRIlXIE known �.to me:.to �be ;the Ma or and '. JOHN L.: HENRICKSEN knoum�R to. wne, to'be the Cit ,Clerk and known to:;me to be the person s. whose names are subscribed to 4the within Instrument, and acknowledged to me that t hOY executed the'-same:: Ix WrrxESB`WOOF, I have hereunto set my Band and a$ized m y'official seal the day acid year in,this'certif cafe f first:above ior{tt t My Commisslcn czpires�ui:er4 1955 Notary Publte{n artd for ounty ttd Siam., a. 'ACKNO.WLEDGEMENT — GENeRwi ..W,o�CMTs FORm_233- - ss� s ' EXCEIPT FN.OM. . T S OF T a +: "MINUTES2311 { Couxscil Chambeto. City. Hall"i Huntington - Beach, Calif4rn;�.a � P+�i�dey, Dearber'20 19 1 Mir Sea�abr,id called the rear meet ing of the City.CoAzo i l Of the City,of Huntington Beach to order at 7;3Q: aaclock P,H ij 'Cod cilm6n present: . Lockett, Terry, Bartlett; LeBardo Seabridge. Councilmen absent a ' None: . Can motion by Ise 3ard seoonded ` Terry the Timor aricl the, CV , Clerk be authorized to execute thee easement on-behalf of ,thy ity ;rail t .. the Pao ifid Electric Railvay .Comp:!u� and; theCity of mintf:ngtc Beach � an, Sr6q , .' ecover9ngme nph pp,' . W, : .pn motion t LeBar seconded .by Bartlett the City, 'Caoncil bf the:; " ' 28 , City of HuintiMt4n Beach adjourned until . 30� al clock P.M. December, th, 1954. wa�c a PPS'Dyed.. JOHN L: .Ji NRSC�fSEN Char Clerk and ex-off icio Cli*k I off'"the �� Cdti.nell or the Cat i� ofiuntrian Beach, Ca .ifaria :. f ' y . . ATTEST: ,.= MY SEABR I E JQHN Lnyy �a:�t,MSEN y E City. Clerks STATE OF CALIFORNIA Courity of Orange ) Sol !� City`of Huntington Beach 1, J GHN L. HEVR ZC SEN the 4u17 l].ected, quakified and fact lm. City 'Clerk of the City of Huntington Bauch, California do hereby ce►rt':'k r 11 that the 'above and foregoing is a true and correct .excerpt frcw, minutes.of the City Council of said City at their regular meeting hold on the, '. t�h day, of..December„ 1954, which minutes in full. are on file and of 'record a d3TidSS,` .hand and seal of the said City of Htantir�gtoii 134tsh th1 .thea+r 9th.t df?f 13b ""'' 19 .8. . j � A C t Clerk aid' �-off icip Clerk ?' o he"City'Council of the Cif 1� of Hun tingten Beach, Cil f4rnia 6 r E,00�-2918 DAI-'P148 - 8th'ST. 82` loo' 0 — i 0 m -% D % (ncx Z m cn 0 06 (D v, 0 0 Q- C Q N N c� Ln T o C v� 7th.ST a W s li �s OD - w •�cS` o- ��J �o g 6 { v 6th.ST. 0 w z 82` v.l Ioo` -O - N fC' lleoembar 16, 19,% , t Paelfica Eleotric RaAvl ay CioI11 !: ! j 610 aoatZl min ' street' i Lps Angeles 14, .Cali fornie ReS° 314.E ,f ATTNS G. F. Sgt ire8r - Vim*Pres. & GenA 1. 11a21ager Bear Sir In reply t©'� , oorr�spondenczca► reference: 314.5 use-m sh to adv�ae.the J's► ement rill`be presented:to,the'City Council F° 'for official a►atia► at Ahe :meeti�g 4t'.'January 3® 195.5• R Should -b® ,in you .hands about Jahua 6, 1955: 1 I vours f I' r J. L. Henricksen,.. City a Clerk. JLH abd J f kL I • a s i� lc ' t - i {I i6 , II , as+-etit S-z PAC"IFIC , EE. TRIC RAiLwA I 1..�. P/"' N 1 PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET LOS ANGELES 14, CALIFORNIA G. F.'SQUIRES November 16 1954 IN REPLY PLEASE REFER TO VICE PRESIDENT AND GENERAL MANAGER 8 K 314.5 *_ 1 Mr. Harry A. Overmyer / ' City Engineer 'V City of Huntington Beach Huntington Beach, California Dear Sir: Reference is made to your letter of September 159 1954, relative to request on behalf of the City of Huntington Beach for easement. .to construct a reinforced concrete storm drain across this Company's property, in the vicinity of Seventh Street, in the City of Huntington Beach. Am pleased to inform you that grant of Easement 5-foot in width as requested has now been approved by our Management subject to the -following: All work in connection with this project will be at the sole cost and expense of the City; that no assess- ment shall be levied against Pacific Electric property due to this improvement, Easement to be terminated upon abandonment or non use for purpose for which granted; Company to retain full operating rights. Further, that if facility is to be installed by con- tractor for the City, contractor shall be � required to enter into the usual contractor' s Indemnification Agreement prior t�0", construction on railroad property,, Enclosed in triplicate is Easement, which has been signed on behalf of Pacific Electric. Please arrange to-'have signatures of the officers executing--the document notarized with recording data affixed to the fully executed _dount_erpart, which is to be returned to this Company. We should also be furnished with a certified copy of the resolution adopted by the City Council . accepting the Easement and authorizing and directing the officials to execute on behalf of the City of Huntington Beach, Yours very truly, Deaamtier 30 19 • - Pacifies Eleetrie `Rai1w&y CG1 3EtT .. Pao ifk Electr c' EhAlding 610 South "lain-.°'Sires$ :,Los e1gs 14 California Res •'3--,. ' 7p- eel Sqi�i Vice=Pies. . 1 Gen°l.P : Dear Sir, -,are'returning herat.d in. triplicate Easement whIch has been executed by the 'off i6 of.,the Cit .of Hunti ` 3r o,y-for our .f.ilps Very► truly Ypura J.. L Henri6Sk8e11l 'Clefs JIE. Eno1, , • L. y - s-2 PACIFICECTRIC RAILWAY ' MPAI�IY PACIFIC ELECTRIC BUILDING, 611) SOUTH MAIN STREET LOS ANGELES 14, CALIFORNIA G. F. SQUIRES December 13 1954 IN REPLY PLEASE REFER TO S VICE PRESIDENT AND GENERAL MANAGER 314• Mr. Harry A. Overmyer City Engineer City of Huntington Beach Huntington Beach, California Dear Sir: t `t On November 16, 1954, we forwarded to you grant of Easement for the construction of reinforced concrete storm drain across this Company's property in the vicinity of 7th Street in City of Huntington Beach. S Will you kindly advise when we may expect return of the fully executed counterpart of said document. Yours very truly, 10 B C {. ```