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HomeMy WebLinkAbout1967-06-06 - Easement SO CALIF EDISON COMPANY acc; 830'3 E; c4 760 27 :iI�QRDgp AY MAIL T0: 600 di WONTiAmTAN CITY CLERK 1N ARFfica�►� nEOOR64 OF P.O. BOX 190 1089 ORAN94 COUN V, cALIF. HUNTINGTON BEACH, CAL 0RNIA C05 AM JUL 6 1967 1 y �5 R O A D E A S E M E N T I WYLIE CARLYLE, County �aairdor 2 ;� , << FREE 3 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation 4 organized under the laws of the State of California, and having 5 its principal place of business at the City of Los Angeles in 6 said State, hereinafter called "GrantorY°,does hereby grant to 7 the CITY OF HUNTINGTON BEACH, hereinafter called "Grantee", an 8 easement for road purposes in, on, over and across that certain 9 real property in the County of Orange, State of California, 10 described as follows: 11 PARCEL 1: 12 The Easterly 40 feet of the Northerly 180 feet of the Southeast quarter of the Northwest quarter of = � 13 Section 18, Township 6 South, Range 10 West, S.B.B. and M. n 14 ®N PARCEL 2 : a 15 0 � feet f h Westerly l80 feet � The Southerly 50 ee o the Weste y e 16 of the Southeast quarter of the Northwest quarter of CD q c� Section 18, Township 6 South, Range 10 West, S.B.B. a W 17 and M. SUBJECT TO: 19 1) An easement for pipelines as reserved in the deed from Allen T. Gisler, et ux. to Southern 20 California EdisonCompany, recorded January 24 1957� C i E vY � , in Book 3779, page 477 of Official Records, records c; 21 of said Orange County. w 22 2) An easement for flood control purposes as ranted to Orange Count Flood Control District b 23 g g y y r December 2 1 5 Instrument recorded Decem e 9 7 in Book 4129 page 234 of Official Records records of said Orange 24 County. 25 3) Covenants, conditions, restrictions reser- vations, rights, encumbrances, exceptions licenses 26 and easements, affecting the above descried property, whether of record or not. 27 r 28 The aforesaid easement is granted subject to the right 29 of said Grantor, its successors and assigns, to construct, main- �' 30 twin use operate alter add to repair, replace, reconstruct > > P > > > p � P � , 31 and/or remove in on over, under, through, along and across i � a � t g � g 32 the above described real property, electric transmission and 8303 76 ! 1 distribution lines and telephone lines together with supporting p � g pp g 2 structures and appurtenances, for conveying electric energy 3 for light, heat, power and telephone purposes, and pipelines 4 and appurtenances, for the transportation of oil, petroleum, 5 gas, water or other substances. 6 The rights hereby granted for public road and highway 7 purposes shall be so exercised as not to interfere with the 8 construction, maintenance, use, operation, presence, repair, 9 replacement, relocation, reconstruction or removal of such 10 electric transmission, distribution or telephone lines or pipe- 11 lines, and the said Grantee, by the acceptance of this instrument, 12 agrees to hold harmless and indemnify said Grantor, its 13 successors and assigns, to the fullest extent to which it can 14 legally do so, from and against all damage to such electric 15 transmission, distribution and telephone lines and supporting 16 structures, appurtenances, pipelines and appurtenances, by 17 reason of the construction, reconstruction and/or maintenance 18 of said public road or highway, and to pay to Grantor, its 19 successors or assigns, upon demand, any and all costs of 20 relocation and/or construction of such electric transmission, 21 distribution and telephone lines and supporting structures, 22 appurtenances and pipelines which may be or become necessary 23 by reason of the construction, reconstruction and/or maintenance 24 of said public road or highway. The Grantor shall not erect i 25 or place at any future time any of its facilities so as to 26 interfere unreasonable with the Grantee's use for highway purposes 27 of the land affected by the easement hereby granted. , 28 Said Grantor reserves for itself, its successors and 29 assigns, the right to trim any tree or trees which may grow in 30 said road or highway, and which in the opinion of said Grantor, 31 its successors or assigns, endanger or interfere with the proper i 32 -2- br'a 830 . PAGE 70 1 operation or maintenance of said electric transmission, ! 2 distribution and telephone lines to the extent necessary to 3 prevent any such interference or danger. 4 As a controlling part of the consideration for the 5 execution of this instrument, this grant of easement is made 6 and accepted upon and subject to the express condition that the 7 initial opening, widening and/or improvement of the road or 8 roadway for which this easement is given, regardless of the time 9 performed, or any other work of improvement commenced within 10 two years from the date of recording of this instrument, shall 11 be done without cost or expense whatsoever to said Grantor, 12 its successors or assigns, and that in the event a special 13 assessment or assessments is or are levied by any authorized 14 lawful body against the real property of said Grantor, its 15 successors or assigns, for said opening, widening and/or im- 16 provement, the said Grantee, in consideration of the execution 17 and delivery of this Road Easement by said Grantor, agrees, by 18 the acceptance of this instrument, that it will reimburse said 19 Grantor, its successors or assigns, and it shall be the binding 20 obligation of the said Grantee to reimburse said Grantor, its 21 successors or assigns, for the full amount of any and all such 22 special assessment or assessments so levied for said improve- 23 ments and paid by said Grantor, its successors or assigns. 24 Grantee agrees to provide 16-foot commercial type 25 driveway approaches capable of supporting equipment up to 40 26 tons, at locations to be specified by the Grantor. 27 Grantee will provide and install a 4-foot chain link 28 fence across the aforesaid property including 16-foot double 29 drive gates at locations as specified by the Grantor. 30 Grantee further agrees to maintain a 25-foot surface 31 clearance from all structures on the Grantor' s property and to i 32 M3- I II IN A L 8303. L 763 1 maintain a 15-foot clearance from all overhead electric line 2 conductors during the exercise of any of the rights granted herein 3 The Grantee agrees that it will issue no permits or 4 give its consent to the installation or construction of any 5 other utilities, other than the Grantor' s, between the curb 6 line and the Grantor's property lines, it being understood that 7 such area is to be reserved for the future installation of 8 Grantor's facilities. 9 The above-described property is to be used for public 10 road and highway purposes only, and in the event said land is 11 not used for public road purposes, or if the project for the 12 construction of said public road or highway is abandoned, or 13 in the event said land shall hereafter be vacated as a public 14 road or highway, it shall thereupon, ipso facto, revert to said 15 Grantor, its successors or assigns. 16 The rights hereby granted are not necessary or useful 17 in the performance of the duties of said Grantor to the public. 18 IN WITNESS WHEREOF, said Grantor has caused its 19 corporate name and seal to be affixed hereto and this instrument 20 to be executed by its Vice President and Assistant Secretary, r 21 thereunto duly authorized, this ,� day of , 22 1967. 23 SOUTHERN CALIFORNIA ;RDISON,,C,OMPANY n 24 By. Jdpt 25 26 By � a � Sitretary 27 GRANTOR 28 29 30 31 32 AP PROVE AS TO FORM; IBM -G- er ounsel g60 ,. f 4sis,t-nt Counsel 1 STATE OF CALIFORNIA SS. 2 COUNTY OF LOS ANGELES 3 4 On this day ofc� ,( , 1967, before 5 me, the undersigned, a Notary Publi' in and for said County and 6 State, personally appeared '7 � 7 known to me to be a Vice President, andf 8 , known to me to be an Assistant Secretary 9 of SOUTHERN CALIFORNIA EDISON COMPANY, the corporation that 10 executed the within instrument, and known' to me to be the persons 11 who executed the within instrument on behalf of the said cor- 12 poration, and acknowledged to me that such corporation executed 13 the same pursuant to its By-Laws or a resolution of its Board of 14 Directors. 15 WITNESS my hand and official seal. 16 t y � 17 � Notary Public in an tor sai 18 County and State. MARSAMA, ,ROWE 20 The CITY OF HUNTINGTON BEACH does hereby accept the 21 above and foregoing Road Easement upon and subject to all of 22," the ti'e,rms, covenants and conditions therein contained, and does 23 hereby' vagr'ee to comply with and perform each and all of said 24 terms3,- covenants and conditions. day of 1967. BATED THIS y s 26� CITY OF 11UNTfNGTON BEA0 H T�� 27 By 28 By YOB 29 My CLERK GRANTEE 30 31 32 ,5- V 7 N A 303 70.E .,, i 4 j � L a IT t�1 so- I a THIS PRINT 0 FOR INFORMAMNAL PURPOSES C*9-Y J. O.- M. ffiS. AND GHOUL.D NOT BE MADE A PART OF ANY INSTRVML14T• I/UA/ W&FOAJ—BEACfl"'ELLl' LAUC DE5 CRIB ED IN RaAO FROM S.CE co TO THE C/rly ©F 0,4AH Krrr 919R. 3�,694' A ItSOUTHERN CALIFORNIA O4. . FCMM RW 46 3M 141 M1' aryy'c This is to certify that the interest in real property conveyed by the :deed dated June 1, 1967, from SOUTHERN CALIFORNIA EDISON COMPANY, to the City of Huntington Beach, a municipal corporation, is hereby accepted try •grde r of the City Council of the City of Huntington Beach on Monday,�,Ju4 a3, 1067 and the Grantee consents to recordation thereof by its duly euthor�izeli-officer. »._ Iwo Dated: July 5, 1967 CITY OF 1*1INCTON ACH By: t'y- Wrk