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HomeMy WebLinkAbout1962-01-18 - Indenture PACIFIC ELECTRIC RAILWAY COMPANY + • q _ aar RECORDED-AT REQUESTIOF (1 �i CITY.OF MUTT INZii©N 6EAtrM S� I 5895 is IN GFFICIAL�RECORbS O 1 T -- _ ORANGE COUNTY, CALIF: * 9:05'AM. FEB 8 1962 EA S EMENT` . ` ",Air.' RUBY McFARLAND,County Recorder THIS INDENTURE, made :this day of FREE .1 1962, by- and' between PACIFIC ELECTRIC. RAILWAY ;COMPANY, a Kalif - - I ornia corporation, hereinafter termed "Railroad",' and the CITY : OF. HUNTINGTON BEACH, a municipal corporation,.. hereinafter termed "Grantee", �s WIT'NE8SETH: Railroad, for. and in: consideration' of the faithful. . 6 : performance by Grantee of .all the .terms, conditions. and 'covenants herein contained, hereby. grants t6�'Grantee the right to construct, rec.ons true t,. maintain and 'operate ,a 72-inch reinforced., `concrete pipe storm 'drain, .hereinafter termed "structure", upon and, across that certain real property situate. in the CitycC Huntington Beach,: County of Orange, State.. of California.. and more' particularly. des- cribed, as' follows: That portion of the South 1f2" of the North ;1/2 of Section , 23r Township 5 South; Range .11 West, .•S.B.Ma, in, the City of Huntington Beach, County •of Orange,. - State of California, 'within a .strip of ,land 15.•00. feet . wide, lying 7.50 feet' on each side ' Of the following described lines Commencing 'at -a point .in the center, dine ;:of; the 30=foot:wide strip of land . `:'2nd`,` -:described in the deed to' Santa Ana and, Newport Railway Company; recorded on June; 14, 1899 in Book-,. page 66 of ,Deeds, _in the' office ;of the, Recorder of ,said county, said center fine being `identical :'with . the cent�er!.:lne of the Pacific Electric Railway Company's*.'Stanton-Huntington -Beach main line 'track,. said point being, distant South•, :along said center line, .15.00 feet; from the North. line;=of said .South 1f2 thence West.,_,,,AV:'right 'angles to "said center• line, '15..00 feet to` a .point: in the westerly boundary of said 30-foot wide strip, said point being the TRUE`-POINT OF BEGINNING; thene.e East, '25,50 feet to the beginning of a . tangent curve concave-.north- westerly, having a radius of 22:,50 feet, which. curve. is also tangent to a line parallel with and distant easterly -33.00 feet, measured .-at right angles, from } ., the center line'. of -said 3o-foot wide strip; thence easterly, northeasterly and northerly' along the arc of said curve, 35.3�4 feet to said parallel line.. Excepting therefrom that portion thereof lying easterly of the easterly boundary of' that certain 30 foot wide strip of land described in the deeds to . i • - 1 - BOOK .3 Santa Ana and Newport Railway Company, ' recorded. ,,pp . on November 18, 1898 in Book 39, page 338 'of said Deeds. Sub ect. to easements, restrictions, reserva- tions conditions. and covenants of -record.' _ l(a) 11/25/57 - Form C i 2. g g g te to the prier and continuinThri htaand obligation of itsasuccessers ';and assigns o to use all the property described herein in the performance ,of its duty x as a common carrier, and for that purpose, there is reserved unto Rail- road, its successors and assigns, the right (consistent with the- rights Q herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, cdy;municatien and pipe line facilities and ; appurtenances in, upon, over, under, across and along said property. 3. This grant -is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 4. The rights herein granted' to Grantee shall lapse and become void if the co nstructinn of said structure upon said property is not commenced within one (1) year from' the date first herein written. 5. Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in .any way whatsoever with the operations of Railroad. The plans for and the construction of said structure shall be subject to the approval , of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal of said structure, inclu#ing, but not limited to, the installa- tion and removal of such falsework' and other protection beneath or along Railroad 's tracks, and. the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. 6. Grantee agrees to reimburse Railroad for any and all assess- ments which may be levied by order of any authorized, lawful body against the property of Railrea#_; (and which may have been raid by Rail- road) to defray any part of the cost or expense incurred in connection with the construction of sai#. structure upon said property c.ommenced within one (1) year from the date first herein written. 7. Grantee, its agents and employees, shall have the privilege of entry f,�n said property for the purpose of constructing, reconstructing_, maintaining and making necessary repairs to said structure. Grantee agrees to keep said property in a good and safe condition free from waste, so far as affected by Grantee 's operations, to the satisfaction 0 Railroad. If Grantee fails to keep said property in a good and safe condition free from waste, then Railroad may perfrilrm the necessary wark at the expense of Grantee, which expense Grantee agrees to pay to Rail- road upon demand. 8. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad, should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with the Railroad Company which operates on said pro- perty, satisfactory to said Company and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the per- formance of the work to be done by such contractor. 2 - 9/10/571 - Form C Such contractor shall furnish, at the option of end without expense to Railroad, ^ reliable surety bond , in an rmount rnd. in a form satisfactory to sa id Comp.p ny, gua_ranteeing the faithful perform- rnce of ^11 the terms, covenants a-nd .conditions contained in said m agreement, and a. certified copy of a, policy of Public Liability and CD Property Damage Insurance , v1ithin limits specified by, and in P form O� satisfactory to, said Company, covering the contractual liability ^ssumed by contractor in said agreement to be entered into with said � Company by such contractor. 9. Should ,Grantee , its successors or rssigns , at any time abandon the use of said property or any part thereof, or fail tt any C4 rime to use the same for the purpose contemplated herein for a con- pp tinuous period of one (1) ye r , the right hereby given shall cease �o the extent of the use so abandoned or discontinued , and Railroad shall ct once have, the right , in c ddition to but not in qualification of the; rights hcrcinabovc reserved, to resume exclusive possession of svid property or the part thereof the use of which is so discontinued or abandoned. Upon termini-tion of the rights and privileges hereby granted, Grantee , at its own cost and expense , agrees to remove said structure yrom said property and restore . se.id property ns nearly ns practicable o the same stag: and condition in which it existed prior to : the , nonstruction of said structure. Should Grantee in such event fail, .cglcct or refuse to remove said structure a.nd restore: said property9 Such removal and restornt:.on m^y be performed by Railroad at the expense of Grantee , which 'expense Grantee agrees to pay to Railroad upon demand, 10. This indenture: shb ll inure to the .b ;nef it of and be binding upon the successors and assigns of the parties hereto. IF4 WIT!'.1,_. SS WMERECF , the parties he rcto have c, used these present-s--to .be executed as of the d^y -and year fir-st ,herzin written. ` CITY OF HUNTINGTON BEACH PACIFIC ELECTRIC RAILWAY COMPANY By. g op . , Vice-Pre�nt & Genera . Attest. y Attestz r � •" ,•f °' 1 y + � Assist Secreta Le yy I� d C�-a STATE OF CALIFORNIA ) ss BOOK6003 F' tt 369 COUNTY OF ORANGE ) On the 70 day of February, 1962, before me a Notary Public in and for said County and State, personally appeared Ernest H. Gisler. Known to me to, be the Mayor and Paul C. Jones, known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. ERNESMNA DI FABIO=NOTARY.PUBLIC 4n and for the County of Orange,State of California My Commission Expires June 26, 1965 City Hall-Huntington Beach, Calif. i STATE OF CAT ORNTA, SS. eooK 6.003 Dtv.3'70 County of Los Angeles ON I9 " Z;before me, the undersigned, a Notary Pu lic in and for said County and State, personally appeared- e known to me to be the Vice President and. A. M. COLE , known to me to be the Ass It Secretary of PUCIjFTC FT.FCTRIC RAILWAY COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named,and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a a' IW resolution of its board of directors. }' WUNEss my hand and official seal. Florence W. Hnclq NAME.(TYPED OR PRINTED) as Notary Public in and for said County and State. .-ACKNOWLEDGMENT—CORP.,—PRES. & SEC.,—FORM 223—REV. 7-58' PLOT OF PROPOSED EASEMENT FOR STORM DRAIN CHANNEL baax6043 pAa3'7t IN THE CITY OF HUNTINGTON BEACH I ' FD. BOLT PER O.C.S.T.B. 130-52 11174 4 EDINGER 6NC- 30.20 AVE'. (SMELTZER) NW COR. NE '/a ,SEC. 23 NW COR. NE '/4,SEC. 23. T5S,RIIW — — AS T5 S , RIIW - - AS' CLAIMED BY THE P.E.R.R. CLAIMED BY THE CITY i 1 x . �ra.Qa^x x�.. o� g, a as x�v ark +1 W i , 6 Oil yO�A. CE N } A m } acpA tc dair �LF- �� ay, d v W p V a,9 >- >- !al �"a► m m Q a m ,J 3af Oyl W G U Q m W CURVE DATA v f.jr J v A.= 170 27' 27" U m a a 00 U.1 N a R = 15' o 3 3 J J 0J1 3 L = 4.57' a N. ir ir 00 u w � SW COR. NW'/4,NE'/4 SW COR. NW Y4 , NE %4, J SEC. 23, T 5S,R I I W, SEC. 23, T 5 S , R 11 W S.B. B.> M. — AS I i� S.B. B. � M. A S CLAIMED BY P.E.R.R.___ _ CLAIMED BY THE CITY C/L OF PROPOSED STORM DRAIN' i, .k JJi 9 CURVE DATA f 0, a; A 8 0 371 37" a ; as -- - --- - - - - -- - -15 --- --1 g' --- - --R o 30' eX �. L= 452 ~ao A°o moo, o y m w '4 SW COR.NE% , SEC. 23 SW COR. NE'/4 ,SEC. 23 T5S , RIIW -- AS T5S , RIIW -- AS CLAIMED BY P.E.R.R. i CLAIMED BY CITY t. H E 1 L -- C/L _ AVE. FD. 3/4' I.P. PER O.C.S.T.B. 1136-19 I 9 i5-61 A. This is to certify that the interest in real property conveyed by the deed dated January 18th, 1962, from the Pacific ! Electric Railway Company, a California corporation, to the City of Huntington Beach, a municipal corporation, is hereby accepted by order of the City Council of the City of Huntington Beach on February 5, 1962, and the Grantee consents to recordation there- . of by its duly authorized officer. Dated: February .7 , 1962 City of Huntington Beach -- L� Paul C. Jones City Clerk 1 Deputy