HomeMy WebLinkAbout1964-06-15 - Easement Southern California Edison Company , ++-`` F K•_ - y t +a _ !^ j ' -- J J r �' r v T ;F , F ,.. _ P r r, '' -^i ,. V rf.. s- - a _YS r
.t'Vhen -+Recorded, Return To: ,
RECORDED AT.REQUEST OF
Paul C.,,` Jones, City ClerkAl J36aLb E ` 61T 9F,Hunrili„ron Bum,,
' P. Q., Box 19,01,` `_ T_ �„ r` IN OFFICIAL RECORDS'-OFr
1 Huntington Beach, . kCA- EASEMENT a ORANGE COUIyTY, cAL.AF.
California` _ 9:651M, JUI J4 1964=
2 �/� , r FREE"
s( RUBY McFARLMD,County RkordeP ro
3 4T/Z SOUTHERN 'CALIFORNIA,`EDISON` COMPAY '-, a corporation, h m
de
4 bPg4nized, sander the laws of, the' State of California', sand having,,-,
5 -its`, principal pi"ace ,of business,at ,the ,City -o,f,,Los Angeles; in
said Stote hereinafter '-cailed "Grantor-" -does hereby -grant, to ,
t ;r 6 �, y ,<<.,
7 the 'CI'I'Y OF HUNT•INGTON'BEACH' af municipal corporation, `hergin=�
af'ter called 'GGrantee''--' - an easement-for public =road and highway�'
$ „ , .
9 purposes in, on,°,-over.-,and,across that< certain real-pro in. '.
` j p the City of 'Huntington Beach, Coixnty 'of-'Oiange,' State ;of`r> r
-11 California- described as+=follows .
12' ,,The LWest 20 -.feet of_F,the. East` 40' feet- of that -
� _�---��� portion of. the East half.of` tthe Northwest quarter' of'*,
13 Sect ion -5 ,, Township 6' South, `Range,,10 WestS. R. B.
Y
` and M. , ;lying within a stripr of land-, '200 feet twide , , a_
the,,Southerly 'line;, of said strip- of land`being the ',
. -
Easterly prolongation of, athe `South .line of the North
,west-quarter of they Northwest .quarter o€°' said; Section,;
5 - 7 x,. ._ •,, , q � -
r''w�j i16 SUBJECT TO covenants,'.restrictior sF`reservat'ions ,
` ro 17 �` exceptions:,_ 'encumbrances , ,rights; licenses-+and ease-`^
ments affecting the above, described property,' 'whether
lg of rec"ors or not, :including but -not iris,limitation of
F the generality of the foregoing";'-the fb11owi:ng,19
Easements- for `any pipe lines or ditches relating :f
20 to a well and pumping plant' as described 'in ,that _5 ,
�r -certain'deed' recorded -June,12 , . 1957 inr Boon 3938; . } s
r� 2,i pager 319, of Official Records in the office of -the
F 'County ,Recorder of-,said County,.
22 -
23 'This easement ;gr""ant i subject toy the° terms, 'covenvts'
-24 and conditions set- forth in Exhibi'tk, "A",_which isr hattached hereto
t3- j j' 25 ,and by"this' refefence;made a part hereof 4 d 'to=the, following
t r -, p. rt-
�' � 26- other terms, . covenants,=`and conditions
�Y S� `� ^' s ^
v)
'27`= - { lr- `Gran eet agrees that, ,it will construct and install,
28 at no cost to Grantor,,' a curb depression and driveway apron`-16
29 ` feet- in width-, which shall be `capable of supporting vehicles`
36 weighing 23, tons{ The centerline of said 'depression and apron,
31 will' be 22 feet north,of" the southerlry boundary of +Graritor'_s n
3
_ Z2
-4,,
800�, 4]LRJS PAGE M6
This is to certify that the interest in real property conveyed by the deed dated July 8, 1964;
from SOUTHERNtCA.LIFORNIA EDISON COMPANY, a corporation, to the City of Huntington Beach, a
( t�`'� /,
mu4ci ' °c' r7A on, is hereby accepted by order of the City Council of the City of Hunting-.
ton Beach on July 6V 1964, and the Grantee consents to recordation thereof by its duly authorized
z ,
oficera CITY OF HUNTINGTON B
j ! i q ba3 tLD �111°� 1,3,E 4]1964 Bye
�
• ` hY , ` r ; G City Cl
t `-; 'r'4M1 ` ; G4 �1 � J`' •y '=~' -~ � rY'} ^� ..i _ r ,f�V !'- r • rr Yfi_� f � �, t� t
- r F - ' !` ' YJ -r 1 'y ;r' i p1._-of'r `•a~` YiY,l ..
33 PAGE 83 "
1 elec'tric.,transmission -line, right-o`f=way' which is being,subjectedM1 -°
t `� �� . I
-�, -2 td'��this` easement, grant:
3 -IN WITNESS WHEREOF, , said 'Grantor• has_ caused its "
' 4 corporate -name and, seal" to be- affiied:,here�to and' this-instrument k `
5 to' be .executed 'by its Vice President` an _Assistant , Secretary
6 thereunto' duly authorized;, this ; ter/_,-day of,
g SOUTHERN, CALIFORNIA EDISON: COMPANY ,
APPROVED AS TO FORM i
9 ROLLIN E.'WOODBURY
: r General Counsel
16
Assistant Counsel
y"` ` '
�° .Vicer,t,P s;i' Win* yY,
- ss'is r�et
- 13
�GIRA4TOR
-
15' - The CITY OF HUNTINGTON.BEACH adoes�hereby-,accept,^the" -
- - 16 above- and foregoing.Road -Easement'*upon and :subject to all of ry
17,> the terms , ,,covenants ,and: condi,tioiis` therein, contained`, 'and does„- ' ,
S
- - 18, hereby ,agree 'to comply`with 'and perform' each -and' a11. of,,said
19 terms, covenants and 'coii&itions�
;F i2o DATED as _of,�_this' adap ;of ' 1964. _
„ 21 �� ; CITY OF-HUNT,I GTON B CH- _
23 By <_r .
" k - (Title) . " MAY01414
25 r�' ' w rytom_
4 D � Attest-:
26 (Title TY �'
Y
27 5 , GRANTEE, '
= s 29 k-. _ ROVED R r '
3 0 --'---�- - -1`°�' f „
31 ITY-ATTORNEY
s 32 Y r - —2—
„ - _ _ r _• , ” _ " 'yam ` .'.r r+ y r, ``�; ' t ' l = ,a, ` ' v iy
r, '1 STATE OF CALIFORNIA -_ 2 `
SS: t� 's.� ,,' ,, �� � " ,_� ' -,, oa 7133 PAGE 81
' 2' COUNTY ,OF LOS ANGELES
3 On this ' 'dayAlof>; ,"_1964., 'befor-eW`meju
r �4 x*G y v "rtte
4` ` the 'undersigned,, a- Notary Public i andy'forz aid"County and
5 State, personally appeared y,. _ W E MONTGQMERX
r y d ' -• 4 " � . river 4 • ti -rk, > � - . '
6 known to me, 'to,be -a, Vice;,Pres id'erit, and X. V.
known to me to bean-Assistant Secretary 'of SOUTHERN' CALIFORNIA "
r T- ,t -'-
— ! h ' r n r •r r ti >` . r r �', 'v t ., a. , . ♦ ''.- ' . s r r r ^ :
g EDISON COMPANY, the- corporation- that `,executed the within "instru=`.x' sr
inert, and' known to the to- be 'the'" ersons 'who 'executed the within
10 ,_ instrument `on` behalf--of,"said corporation, and 'acknowledged 'to-me
" 11. ^.that such,=crorporation executed `the same pursuant ,to its 'By-laws
12 or a resolution':of its Board -of- Directors-.-.. - �z
13 WI NESS m� °hand and official' seal.
Ee
' ;1HERINE M ®AIR'14 RY PUBLIC-CALIFORNIAINCIPAL OFFICE IN15S ANGELES-COUNTY- ; ;Notary -Pub lc In;an " or, Sal
County rand�'Stato__., r '
16 My COmmissim Fxolres DPcamtiPr 13
17 S=TATE OF CALIFORN==IA
1s -COUNTY OF -ORANGE
` T9 Can this -J ,day,,of' /�-= �' ;" 1964, before' me `
_ 26 the undersigned, a Notary Public 'in 'and f6r',sa`id C6un'ty,rand - j
_ _ . .. ,.,��.,-wr,•, .. , -.r `r� _ `,. ,x>,�! �'e , ',w° 'ice ' r u,
2I State, -per sonally'=appeared; ,"-
22 known to me 'to be - arid ',
23 ' known to me r to be of :they CITY OF HUNTINGTON
2 -BEACH that ,execute :the within instrument; and,''known' to- me to -be."
` - 25 the persons who execute_ d- the within rinstrument onbehalfy, of,-the
26 CITY OF HUNTINGTON BEACH" therein named�, ,and-"acknowledged t0"me
27 that-such" 'CITY OF' HUNTINGTON ,BEACH `executed the 'same. r
= 28 WITNESS my hand and official seal: }}t
- 29
OFFICIAL"SEAL _
30 �fl � E� OFFICIAL
®g ��SI�B® otary, Pu is in, and-,. or,--said'
e ~F't NOTARY'PUBLIC CALIFORNIA " County. and;State
• _ 31� PRINCIPAL OFFICE IN ERNESTINA DI'FABIO
{ •I ORANGE COUNTY and for the County NOTARY PUBLIC t!'
-- my of,_Orange.'State of C8lifo=-#
-3_ MY Com[In911on E ' cog c
32= =Pireiune 26_ 1
Gty all-"f-lunhngton'Beach.'Cah$
1 GRANT OF EASEMENT FROM
SOUTHERN CALIFORNIA. EDISON COMPANY
2 TO CITY OF HUNTINGTON BEACH
3 TFD fir,A" 3 PAGE 85
4
5 1. The said easement is granted subject to the right
6 of said Grantor, its successors and assigns, to construct, main-
7 tain, use, operate, alter, add to, repair, replace, reconstruct
8 and/or remove in, on, over, under, through, along and across the
9 above-described real property, electric transmission and distri-
10 bution lines and telephone lines, together with supporting
11 structures and appurtenances, for conveying electric energy for
12 light, heat, power and telephone purposes, and pipelines and
13 appurtenances, for the transportation of oil, petroleum, gas,
14 water or other substances.
15 2. Said easement shall be exercised so as not to
16 interfere with the construction, maintenance, use, operation,
17 presence, repair, replacement, relocation, reconstruction or
18 removal of such electric transmission, distribution or telephone
19 lines or pipelines.
20 3. Grantee agrees to pay to said Grantor, its succes-
21 sors or assigns, upon demand, any and all costs of relocation
22 and/or construction of such electric transmission, distribution
23 and telephone lines and supporting structures and pipelines which
24 may be or become necessary by reason of the exercise of the
25 rights granted pursuant to this easement.
26 4. Grantee agrees to hold harmless and indemnify
27 Grantor, its successors and assigns, to the fullest extent to
28 which it can legally do so, from and against all claims, demands,
29 actions, loss, damage, expense and liability, arising from or
30 growing out of loss of or damage to property, or injury to or
31 death of persons, resulting in any manner whatsoever, directly
32 or indirectly, by reason of the exercise of the rights hereby
EXHIBIT "A"
1 granted; provided, however, that this covenant shall not apply
2 in those instances where such claims, demands, actions, loss,
CD
3 damage, expense and liability are proximately caused in whole or o
4 in part by any negligence of Grantor.
5 5. Grantor shall not erect or place at any future
6 time any of its facilities so as to interfere unreasonably with M
00
7 the Grantee' s use for public road and highway purposes of the 0)
8 land affected by the easement hereby granted.
9 6. Grantor reserves for itself, its successors and
10 assigns, the right to trim any tree or trees which may grow in
11 or on the real property which is the subject of this easement,
12 and which in the opinion of Grantor, its successors or assigns,
13 endanger or interfere with the proper operation or maintenance
14 of said electric transmission, distribution and telephone lines,
15 to the extent necessary to prevent any such interference or
16 danger.
17 7. The above-described property is to be used for
18 public road purposes only, and in the event said land is not
19 used for public road purposes, or if the project for the con-
20 struction of said road and appurtenant facilities is abandoned,
21 or in the event said land shall hereafter be vacated as a public
22 road, it shall thereupon, ipso facto, revert to said Grantor,
23 its successors and assigns.
24 8. As a controlling part of the consideration for
25 the execution and delivery of this instrument by Grantor, this
26 grant is accepted upon and subject to the express condition that
27 the opening, widening and/or improvement of the road or roads
28 for which this easement is given (hereinafter sometimes collec-
29 tively called "Improvement") , regardless of the time performed,
30 and any other work of improvement commenced' within two years from
31 the date of recording of this instrument, shall be done without
32 cost or expense whatsoever to Grantor, its successors or assigns,
A-2
1 and that in the event a special assessment or assessments is or
2 are levied by any authorized lawful body against the real prop-
3 erty of Grantor, its successors or assigns, for the Improvement, a
4 the Grantee agrees that it will reimburse Grantor, its succes-
5 sors or assigns, and it shall be the binding obligation of the
6 Grantee to reimburse Grantor, its successors or assigns, for the
7 full amount of any and all such special assessment or assessments
8 so levied for said Improvement and paid by Grantor, its succes-
9 sors or assigns.
10 9. The rights hereby granted are not necessary or
11 useful in the performance of the duties of said Grantor to the
12 public.
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A-3
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SER.3/72/4 SOUTHERN CALIFORNIA EDISON CO
FORM RW 46 3M 1.61