HomeMy WebLinkAbout1969-01-30 - Easement SO CALIF EDISON COMPANY kail .:: B40d 8862 3i
City of Hu ington Beach 19738
ORIGINAL
City �ni strator
P. 0. Box 90` NO TAX DUE NO CONSII�
Huntirigtpn Beach, Calif. ATION,
g26� � H"t3�3TIC�GTON BEACH�BARRE TRANSMISSION hlt�E
2 RICHT "t}F WAY ROAD EASIMMEN T ,"��1317
4 For a valuable consideration, receipt of which is
S ; hereby acknowledged, SGiITHERI CAI.I "02TIA EDISON C01' IvY3, a
6 California corporation, hereinafter called "Grantor", does
7 hereby grant to the CITY OF HUNTINGTON BEACH, e municipal �
8 corporation, hereinafter called "Grantee", an easement for
++r public road and highway purposes, in, on, over, along and
1.0 across that certai_ri real property in the CITY OF HUNTINGfON
11 BEACH, County of Orange, State of California, described as
12 fo l l o=.•r s
13 The Northerly 20 feet of that certain parcel of
land in the Northwest quarter of Section g, Township
14 b Soutar, Range 10 West, S. B. B. and M. , described in
' the deed to Southern California Edison Company, re-
15 corded September 13, 1957, in Boost 4034, 'pace 550 of
c Official. Records, in the office of the County Recorder:
16 of said . County.
m: 17 SUBJECT TO:
c d:
E., I8 Covenants, conditions, restrictions, reservations,
encumbrances, rights, easements and licenses_ affecting
19 the above described real property, whether of record
a � `' 24
or not.
21 This easement grant is subject to the terms, covenants
22 and conditions set forth in Exhibit "A", which are designated as
23 paragraphs 1. 'through lb, attached hereto, and by this ref
erence
v
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24 made a art hereof and those set forth hereinafter, all of
25 1 which Grantee hereby agrees to comply with and perform.
f
26 17. Grantee shall, prior to commencement of con--
27 strums:;ion, submit final plans (including grading plans) to
28 Grantor for ,approval..
29 18. Grantee shall tale such steps, including coraprc-
30. tion of fill and disturbed earth, as are necessary to avoid
31 ,� eruszon within the above described real property.
i
S2 �
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BOOK8862 PACE
DEED C31ERTIFIGATI-ON
T
c,P e,his is to cer"Afy that the interest in r, a] pro perty r- v ye.d icy
me- deed dated December 31, 1968
rom- Southern California Edison Company
L - ��,orparation, is hereby
to the City of untinton e
Hg B .,ach,,, e, f A.
-jpa!accepted by the undersigned offteer ar- agent on behal" of the City
Council of the Cit-y of -141iintington Beach wr;,--want to thie aut-hority,
conferred by resolutirxi of City r",ounit of the (3ity of Fill-' "iIng'-wil
Beach adopted on june jc;i—
cl-le gA7 ,,-,tee cok sent~ to t e
recordlation thereof Lv its duly auuthar;;Lze6 cer.
Da t ed". 3tl HUN�maFRIG-1,70N *.,':Ii,
rZ3-�7-- D.,�,Cassit�!,e
C-Uv Adi-ninistrator
Assistant
I
BOOK 8862 PACE 5
1 19. Grantee agrees that all equipment used at
2 Grantor's property shall maintain a minimum clearance of 25 feet
3 from all structures and 15 feet from any overhead conductors. .
4 IN WITNESS VIHEFF,OF, Grantor has caused this instrument
5 to be executed by its officers thereunto duly authorized this
s /`'"=` day of .... . . . _ 1968.
7
8 SOUTHERN CALIFORNIA EDISON COMPANY
9
1 a By �•it.r.�.•+►
Vite'' Prey e> t
11
12 .�
By
13 Ass Secretary
14
15 The CITY OF HUNTINGTON BEACH does hereby accept the
16 above and foregoing easement upon and subject to all of the
17 terms, covenants and conditions therein contained, and does
18 hereby agree to comply with and perform each and all of the said
19 terms, covenants and conditions,
20 DATED as of this day of , 196-t
21
22
23 By A
24
25 Attest
26
27
28 RECORDED AT REQUEST OF
BITY OF HUNTINGTON BEACH
29 IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
30
9:05 AM JAN 31 1969
31 J. WYLlE CARLYLE, County Recorder
32
�Y �� y"fr�-i
2 FF�EE
V I--"1-T COPY -�
1 STATE QF CALIFORNIA ) BOOK 8862 tGt 6
} SS.
2 COUNTY OF LOS ANGELES )
3 On this day of 1968)
4 'before me, the undersigned, a Notary Public in and for said
5 County and State, personally appeared
6 known to me to be a Vice President, and
7 known to me to be an Assistant Secretary of SOUTHERN CALIFORNIA
8 EDISON COMPANY, the corporation that executed the within instru-
9 ment, and known to me to be the persons who executed the within
10 instrument on behalf of the said corporation, and acknowledged
11 to me that such corporation executed the same pursuant to its
12 By-Laws or a Resolution of its Board of Directors.
13 WITNESS my hand and official seal.
14
�Gr. S dC._.� et.,+c.✓.r: t ,f '�� fi': � ^ ?31P�
15
16
17 STATE OF CALIFORNIA )
SS.
18 COUNTY OF LOS ANGELES )
19 On this day of r 196$,
20 before me, the undersigned, a otary Publi in and for said
21 County and State, personally appeared A t..�..- '��t
22 known to me to be z� aTrd
23 -.-of the CITY OF
24 HUNTINGTON BEACH that executed the within instrument, and known
25 to me to be the persons who executed the within instrument on '
26 behalf of the CITY OF H14TINGTON BEACH therein named, and ac
27 krowledged to me that such CITY OF 111MINTINGTON BEACH executed
28 the same,
29 WITNESS my hand and official seal.
30 OFFICIAL SEAL
1 e� ,f
ERPiESTr A D3 FAMO
�. ,. �2
MARY PUL.LIC CALIFORNIA
31 r PRINCIPAL OFFICE 1N
WCommission DO=hne,25 IM ORANGE' COUNTY �
32
M
3 GRANT 0;_ EAS};'r11-I`Il I�ROM
SOUTH 1_ N CALI OIPUI).A I l's 1 SOi,,I COMPANZY
2 To CITY OF HUNTINGTON BEACH
BOOri$862 PAGE 7
DATE
6 i 1. The said easen-icnt is granted subject to the right
G of said Grantor, its successors and assigns , to construct.,
7 maintain, use, operate, alter, add to, repair, replace, recoti--
8 struct and/or_ remove in, on, ove>;, under, through, along and
9 across the above-described real property, electric transmission
10 and distribution lines and telephone lines , together with
3.1 supporting structures and appurtenances , for conveying electric
energy for light , heat , power and telephone purposes , and pi.pe.-
13 Lines and appurtenances , for the transportation of oil, petroleum,
gas , water- or other substances , and .conduits for any and all
3 5 purposes
16 2. Said easement: shall_ be exercised so as not to
17 interfere with the construction, maintenance, use, operation.,
IS presence, repair, replacement , relocation, reconstruction or
19 removal of such electric transmission, distribut.i.on or telephone
?0 lines , pipelines, or other conduits .
?1- 3+ Grantee agrees to pay to said Grantor, its succesw
22 so' rs or assigns , upon demand, any and all -costs of relocation
23 and/or construction of such electric transmission, distribution
24 and telephone litres and supporting structures, pipelines , and
25 condui.ts c,=hich may be or become necessary. by reason of the ererclse'
26 of the rights granted pursuant to this easement.
27 4. Grantee agrees for itself , its successors and
28 assigns , to 'hold harmless and inde . aify Grantor, its successors
29 and assigns , to the fullest extent to which it can 1_r_gall_y do so•,
30 fromi and ag�iinsL all claims Iierts encumbrances aCt'i_Oi1S , loss ,
"01 1 da.nt e, exsense and or liability, arising from or growing out of
32 loss of or uGr:age to property, incl.udl.nc, Grantor's Oun prop:rty,
EXHIBIT i1A'7
1
�1� ,..6 , li VAULT COPY
r
Dl or injury to Or dCath of persGr1S , resulting in any manner: CJt1a t--
rn
2 soever, directly or indirectly, by reason of the' exercise of the
00
3 rights hereby granted; provided, however, that this covenant 00
4 shall not apply in those instances 1,711,C.re suclr claims, liens ,
5 encumbrances, actions , loss , ctanrage, expense and/or liability r"
6 are, proximately caused irk %..hole or in part by any active negli- (�
7 ger ce of Grantor.
8 S. Grantor shall not erect or place at any future
9
tirne any of its facilities so as to interfere unreasonably with
70 the rights of Grantee created by this easement grant.
3-1- 6. Grantor reserves for itself, its successors and
12 assigns, the right to trim any tree or trees which may grow in
13 or on the real_ property which is subject to this easer7<ant,
14 and which in the opinion of Grantor, its successors or assigns ,
15 endanger or interfere with the groper operation or maintenance
...6 of *said clectrii c transmission, distribution and telephone l inns,
17 to the extent necessary to prevent any such interference or
�18 danger.
19 7. The above property is to be used only for the
20 purposes specified herein and in the event
21 (a) said land is not so used, or
22 (b) said laird shall be vacated as a public
23 road, or
24 (c) the project for which this easement grunt
25 is being made' is abandoned,
26 said property shall thereupon, ipso facto, revert to said Grantor,
27 its successors and assigns .
28
E. As a controlling part of the consideration for !
29
the execution and delivery of this _instrument by Grantor, this
30 grant is accepted upon and subject to the express condition
i
31 that the muni.ci_r),al i_n?proven?ent for which this eascr icnt is given,
32 �xcgarcttess of the tune performed , anct any other work of �
4-,?
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. . S
�IllprOirEtil�'.Ilt CUi?'.n1 nCGd �i?_t't't?i1 t:''D y0.,-0__S frorn thy' date. of
w
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2 recording of this (which r:uni_cs_p ?1 improvement and
00
3 other t•.ork of imDrove�.ient are hereinaftcr sol.Iet.inlcs collective � 0
ai
11, called "Improv rient") , sh<.:11 be done x•,i_thout any cost or e.cperrsc
5 cMatsoever to Granto-, its successors or assigns , and that in
I -
6 the event a' spacial assessnmant or assessments is or are levied
7 by any authorized lax•rful body against the real property of
8 Grantor, its successors or assigns , for the Iniproverlent, the
i
9 Grantee agrees that At will reimburse Grantor, its successors or
10, assigns , and it shall be the binding' obligation of the Grantee
11 i� to reimburse Grantor, its successors or assigns , for the full
12 ! T
amount o�.f any and all such special assessment or assessm.._zis so
13 levied for said improvemLnt and paid by Grantor, its- successors
14 or assigns .
15 9. The rights hereby granted are not necessary or
16 useful in the performance of the duties of said Grantor 'to the
17 public .
18 10. 7t is expressly understood and agreed that this
1cJ easement is granted pursuant to the authority of and upon and
20 subject to the conditions prescribed by General Order No. 6 9--B
21 of the Public Utilities Coammission of the State of California
22 dated and effective September 10, 1963 , which by this reference
23 is incorporated herein and made a part hereof.
2A 11. Grantee agrees that any facilities installed
25 pursuant to the rights granted by this instrument shall be
26 capable of supporting vehicles neighing up to foray (40)
C _
27 toils .
28
12. Upon ti'iTelP.ci "ion of t}l4 ri g htS here-*- given,
29 Grantee shall execute and deliver to Grantor within thirty 30
30 days after service of' a written de a-nd- therefor a good and
31 sufficient quitclaim dead to the rights herein given. Should
32 Grantee fail or refuse to deliver to Grantor a quitclaim e:ced,
{{I '
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u A-3 !
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I
as aforesaid, a written notice by Grarit.or recit:irig the failure
2 �I or refusal of Grantee to execute and dca iver said qui_tcl.ai_n► doed
3 as herein provided and term) this a�-reomcnt: shall , after
p U
o
4 ( Zcci (l.0} days from the date of recordation of said notice, be � 00
00
5 conclusive evidence against Grantee acid �
t C 11 pe.rsons cla.i.ming :incle�- i N
1
6 Grantee of the termination of the rights herein given. I
7 13. Upon the t-ermtin-ition of the rights herein given
Q
8 Gr antec shall at its oT;n r ish. acid expcnse remove said' facilities
lities
9 and . restore said premises as nearly as possible to the satme state
10 tnd condition they were in prior to any construction of: said
11 facilities , but i-f it should fail so to do within sixty (60) dayr.
.1.2 after, such ter_i7inati.on , G an.toa- may so do at the risk of Grantee,
13 aiid all cost and expense of such removal and the ).0.5t:os:0"Cion of
3-4 said pre-nrises as aforesaid, to-ether c•-a t'_n interest thw,^� o ). G t
15 the rage of ten per cent per anamm., shall be paid by Grnntc^ u n
16 d,;rand,
�7 14. 1n case of a su-it' to enforce any terii.s , co' !mnnt:s
and conditions of this i_nstrirtaentr, Grrntc e agrees to pny
19. in add:iticn thereto a r:easonab'le attorney Is fee to be f-ILYCId nr::i
20 al>_o;•aed by the Court.
21 15. Any 'notice provided herein to be g ivcn by 4:L�l.z•exr.
22 party hereto to the other may by served by de posit ing -5.n tile-:
23 UI2itF'rt States post Office, postage p� epai_ct, a sc..Jed en-j-cl.ope
24 contaain i_ng a copy of such notice and ` addressed to said ol!-her
25 party at: its pri_ncipnl place of business , and the same shall b
26 suf f is i_ent of such notice.
27 16 . Grantee' hereby recognizes Grantor's title end
28 interest: in end to said premises and more--s never to c':^.ni.l Or
29
resist title. or interest tn.erei_n, _
30
32 !
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