HomeMy WebLinkAbout1969-02-26 - Easement SO CALIF EDISON COMPANY •
1 6249 ROAD EASEMENT Bco�8897 SAGE 786
NO TAX DUE
2 ! t NH CONSIDERATION
3 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
4 organized and existing under and by virtue of the laws of the
5 State of California, hereinafter called "Grantor", does hereby
6 grant to the CITY OF HUNTINGT N BEACH, a municipal corporation
7 of the State of California, hereinafter called "Grantee", a
8 right of way easement for public street and highway purposes ,
9 in, on, over and across that dertain real property in the City
10 of Huntington Beach, County of Orange, State of California,
11 described as follows :
12 "The West 40.00 feet of the RECORDED AT REQUEST OF
North 180.00 feet of the South- I CITY OF HUNnNOTON BEACH
13 west quarter of the Northeast IN OFFICIAL RECORDS OF
quarter of Sect on 18, Township ORANGE COUNTY, CALIF.
14 6 South, Range 0 West, in the o s
Rancho Las Bols s. t6JAM MAR 1 ti 1969
15 EXCEPTING THERE ROM that J. WM CARLYLE, County Record r
16 portion thereof previously dedi-
cated for public use.
17 FREE
SUBJECT TO: C
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An easement to use, maintain, operate,
19 repair, replace and remove existing
pipelines and a purtenances thereto,
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1 20 for the transpo tation of water, in,
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under, on, over and across a strip of
UJ 21 land, being the Easterly 12 feet of
the Westerly 32 feet of the land herein-
22 above described, as reserved in the deed
23 from Allen T. Gisler, et ux. , to Southern
California Edis n Company recorded
24 January 24, 195 in Book 3779, page 477
of Official Rec rds in the office of the
19 k25 County Recorder of said County.
Covenants , conditions , restrictions ,
6 26 reservations , exceptions , rights, and
' easements affecting the above described
27 real property, uhether of record or not. "
The aforesaid easement is granted subject to rights
v 1 29 of Grantor to construct, maintain, use, operate, alter, add to,
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30 repair, replace, reconstructand/or remove in, on, over, under,
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x 31 through, along and across the above described real property,
32 electric transmission and distribution lines and telephone lines ,
MAIL TO CITY OF HUNTINGTON BEACH
Office of the City Cle*
P. 0. Box 190
Huntington Beach, Calif. 92648
L TAX T><r,J-. To F`r_Ti Zc�i E s AW ORIGINAL
1 together with supporting structures and appurtenances , for o
2 conveying electric energy for light, heat, power and telephone 00
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3 purposes, and pipe lines and Appurtenances, for the transportation �
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4 of oil, petroleum, gas , water or other substances , and conduits
5 for any and all purposes, pro ided, however, that Grantor shall OD
6 not erect or place at any future time any of its said facilities
7 in, on, over, under, through, along or across the above
8 described real property, or any portion thereof, so as to inter-
9 fere unduly with the Grantee'S use of the above described real
10 property for street and highw y purposes.
11 The rights hereby granted for public street and
12 highway purposes shall be so exercised by the Grantee as not to
13 endanger or interfere with the construction, maintenance, use,
14 operation, presence, repair, replacement, alteration, reconstruc
15 tion or removal of said electric transmission, distribution or
16 telephone lines , pipelines or conduits , and Grantee, by the
17 acceptance of this instrument agrees that the said facilities
18 of Grantor shall not be damag d by reason of the construction,
19 reconstruction or maintenance of said public street or highway
20 by Grantee or its contractors and that, if necessary, Grantee
21 shall protect said facilities against any such damage.
22 Grantee does hereby Iromise and agree that all
23 equipment working on or adjacent to the real property herein-
24 above described shall at all times be operated in such a manner
25 as to maintain a minimum of 2 ft. clearance from all structures
26 and a minimum clearance of at least 15 ft. both vertically and
27 horizontally from all overhea conductors of Grantor, located
28 over or adjacent to said property.
29 Any trees or plants presently in or which in the
30 future shall be planted withir the real property hereinabove
31 described shall be maintained at all times by the Grantee and
32 shall not exceed a height of 15 ft. Grantor, in the event that
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1 it deems such to be necessary, reserves the right to trim or top
2 any tree or trees which may g ow in said public street or highway �?
3 and which, in the opinion of Grantor, endanger or interfere with CO
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4 the proper operation or maintenance of said electric transmission
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5 distribution or telephone lines, to the extent necessary to
6 prevent any such interference or danger. Grantor, in the 00
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7 exercise of this right, shall make reasonable provision for the
8 protection of the traveling public.
9 Grantee does hereby promise and agree that any earth
10 which shall be disturbed by it or by its agents , employees or
1.1 contractors within the real p operty hereinabove described
12 shall be compacted to 90 percent of its condition before such
13 disturbance occurred in order to avoid future erosion.
14 Grantee does hereby_ romise and agree prior to the
15 commencement by it of any con truction on the real property
16 hereinabove described to submit all final plans for such
17 construction including grading plans , to Mr. H. W. Turner,
18 Southern Transmission Divisior Superintendent of Grantor, or to
19 such other person as may be designated by Grantor for approval.
20 It is understood and agreed between the parties hereto
21 that the above described real property is to be used for public
22 road and highway purposes onl ;in the event that said land is
23 not used for public road and highway purposes, or if the project
24 for the construction of said highway is abandoned, or in the
25 event said land shall hereafter be vacated as a public road and
26 highway, it shall thereupon revert to the Grantor.
27 This agreement and each of the terms , covenants and
28 conditions hereof shall run with the land and shall inure to the
29 benefit of and be binding upon the successors and assigns of
30 the respective parties hereto.
31 The within and foregoing Grant of Easement is ma.de -
32 pursuant to the authority of and upon and subject to the
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I conditions prescribed by General Order No. 69-B of the Public
2 Utilities Commission of the State of California, dated and
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3 effective September 10, 1963 , which said General Order No. 69-B 0
4 by this reference is hereby incorporated herein, and made a part
5 hereof.
6 The rights hereby granted are not necessary or
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7 useful in the performance of the duties of said Grantor to the
8 public.
9 IN WITNESS WHEREOF, Grantor has caused its corporate
10 name and seal to be affixed hereto and this instrument to be
11 executed by its officers they unto duly authorized, this
12 day of 1969.
13 SOUT ERN CALIFORNIA EDISON COMPANY,
14 a Corporation
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By
Y i�e Ptds en
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18 ByIV
19 s st cre ary
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1 STATE OF CALIFORNIA )
ss .
2 COUNTY OF LOS ANGELESCD
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CD3 On this day of _.. �. 1969,
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4 before me, the undersigned, a Notary Public in and for said (DD
5 County and State, personally ppeared'' i�/ 4a,
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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 corporate n that executed the within
9 instrument , and known to me t be the persons who executed the
10 within instrument on behalf o the said corporation, and
11 acknowledged to me that such orporation executed the same
12 pursuant to its By-laws or a Pesolution of its Board of Directors
13 WITNESS my hand and cfficial seal.
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15
?� Notary Public indan or sa
16 ., .e.:_: _ ... .. County and State.
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18 THE CITY OF HUNTINGT N BEACH does hereby accept the
19 terms , covenants and conditions of the above and foregoing grant
20 of easement, and does hereby agree to comply with and perform
21 each and all of said terms , covenants and conditions. Accepted
t 22 and agreed to by Resolution of the City Council of the City of
23 Huntington Beach on this day of ,
24 1969.
25 THE CITY OF HUNTINGTON BEACH
26 B
2'7 Mayor
Attest :
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30 City Clerk
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FORM RW 46 314. 9-37
QlCT9R1CH•PO.S.T C"A-ftlNi 1000M
bou 8897 PAC.E792
DEED CERTIFICATION
This -is -to certify that the inte4.est in real propert'y conveyed by
is e deed dated February 26 , 1969
fr I ODD- SOUTHERN CALIFORNIA EDISON COMPANY
too the City of Hluntington Beach, a mun-icipall corporation, is hereby
avocepted by the undersigned cApUcer or agent at-, behalf of the City
Govink-.1-1 of the '(31ty of Hlundingyrt -1D Beach Pursuant to the authority
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(' n pity oi-i-Je -r red by resolution of t1he City Cu cil of the Cit of Huntington
J n ju-ne 3, 19613, and the grantee cons
13--a ' o ents to the
thereof bar its duly authorized officer.
March 7 , 1969 CITY OF HUNTING71-ON BEACTI
Brander D. Castle
Assistant Civy Admx inistrator