HomeMy WebLinkAbout1971-06-30 - Easement SOUTHERN CALIFORNIA EDISON CO CORDING REQUESTED
y:. fiY MQ MAIL TO
ett CITY CLERK I I ®4 9 ?� ! 9923PAvEId 1
1 P. 0, Bo. 190
HUNTINGTON BEACH,
2 California 92648 g . .
RECORDED IN OFFICIAL RECORDS
3 OF ORANGE COUNTY, CALIFORNIA
4 min. P.M. DEC 13 1971
" FREE Past
G3.
J.WYLIE
5 CARLYLE,County Roeordeer
6
7 STREET EASEMENT Location: City of
Huntington Beach
8
9 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, organ-
10 ized under the laws of the State of California and having its
11 principal place of business in the City of Los Angeles in said
12 state ("Grantor") , hereby grants for good and valuable considera-
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N q 13 tion to the CITY OF HUNTINGTON BEACH, having its principal office
14 in Huntington Beach, California ("Grantee") , an easement for street
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15 and incidental purposes in, under, along and acrossthat certain
V Zed 16 real property in the City of Huntington Beach, County of Orange,
p 17 State of California, described as follows :
a a 18 The Westerly 20 feet of the Easterly 60 feet
of those portions of the Northeast quarter of Section
19 6, Township 6 South, Range 10 West, as shown on a map
recorded in Book 51, page 14 of Miscellaneous Maps ,
20 records of Orange County, described and designated as
Parcel 2 and Parcel. B, respectively, in deeds to
o 21 Southern California Edison Company, recorded July 19 ,
�. w 1955 and November 26, 1957, in Book 3144 , page 105 and
22 Book 4115, page 517, both of Official Records , in the
office of the County Recorder of said County.
23
SUBJECT TO:
24
t 1. An Easement for irrigation pipeline purposes,
25 reserved by Laura I. Cocke, recorded November 26, 1957
u►vA► in Book 4115, page 517 of Official Records, in the office
i ( 26 of the County Recorder of Orange County.
' 1
27
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28
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ORIGINAL
1 2`. A License for a 12-foot wide access
road to the City of Huntington Beach, executed
2 on December 22, 1970.
3 This Easement grant is further subject to the following
4 terms , covenants and conditions :
5 1. Grantee agrees that, in exercising its rights
6 hereunder, its contractors, employees or other agents will main-
7 tain a clearance between any and all equipment operating or
8 placed within the subject property of not less than twenty-
9 five (25) feet from any and all structures thereon and not less
10 than fifteen (15) feet from any and all overhead electrical
11 conductors .
12 2 . Grantee shall exercise its rights hereunder in
13 such a manner so as to permit adequate access at all times by
14 grantor to all structures located on the subject property as
15 said structures may from time to time exist, and to permit free
16 and unrestricted movement of Grantor 's materials and equipment
17 thereon as may be rquired by Grantor from time to time.
18 3. Any structures , facilities , or equipment located
19 in the underground within the subject property by Grantee or
20 at its direction or on its behalf, shall have a minimum cover of
21 three (3) feet to minimize the future impact of said facilities
22 or equipment upon future locating of underground high voltage
23 lines and pipelines therein by Grantor. If any of -Grantee 's
24 said underground structures , facilities or_ equipment" interfere
25 with the construction or placement of additional facilities
26 within the subject property by Grantor, Grantee will reimburse
27 Grantor the difference in construction costs incurred by Grantor
28 in the construction and maintenance of Grantor's facilities 'so
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I as not to interfere with its additional facilities; provided,
2 however, that Grantee will relocate such of its underground
3 structures , facilities or equipment as may be required to prevent
4 interference with Grantor's additional facilities , at the option
5 of Grantor.
6 4 Any and all trees , shrubs or plants within the
7 subject property shall be maintained by Grantee in such a manner
8 as not to permit any of them to exceed fifteen (15) feet in
9 height, Notwithstanding any obligation of Grantee to limit the
10 height of any tree, foliage or plant, Grantor reserves for
11 itself, its successors and assigns , the right to trim any tree
12 or trees which may grow in or on the subject property and which
13 in the opinion of Grantor, its successors or assigns , endanger
14 or interfere with the proper -operation or maintenance of said
15 electric transmission, distribution and telephone lines , to the
16 extent necessary to prevent any such interference or danger.
17 5 . Grantee shall place identification and location
18 markers of a number, location and nature suitable to Grantor,
19 indicating the type, location and depth of any facilities ,
20 structures or equipment located by Grantee in the underground of
21 the subject property.
22 6 Any earth fill placed by Grantee within the subject
23 property shall be replaced by Grantee at a relative compaction
24 density of ninety percent (90%) .
25 7. This Easement is granted subject to the right of
26 Grantor, its successors and assigns , to construct, maintain,
27 use, operate , alter, add to, repair, replace, reconstruct and/or
28 remove in, on, over, along, under, through and across the
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1 subject property, electric transmission and distribution lines
2 and telephone lines and to use the roadway for which this Ease-
3 ment is granted for patrol purposes and from which to periodically
4 wash insulators used in connection therewith, together with
5 supporting structures and appurtenances , for conveying electric
6 energy for light , heat and power and telephone purposes , and
7 pipelines and appurtenances, for the transportation of oil,
8 petroleum, gas , water or other substances , and conduits for any
9 and all purposes .
10 8. This Easement shall be exercised so as not to
11 interfere with the construction, maintenance, use, operation,
12 presence, repair, replacement, relocation, reconstruction or
13 removal of such electric transmission, distribution or telephone
14 lines , pipelines , or other conduits.
15 9. Grantee agrees to pay to said Grantor, its . succes-
16 sors or assigns, upon demand, any and all costs of relocation
17 and/or construction of such electric transmission, distribution
18 and telephone lines and supporting structures , pipelines , and
19 conduits which may be or become necessary by reason of the
20 exercise of the rights granted pursuant to: this Easement.
21 10. Grantee agrees for itself, its successors ,and
22 assigns , to hold harmless and indemnify Grantor, its successors
23 and assigns, to the fullest extent to which it can legally do
24 so, from and against all claims , liens, encumbrances , actions ,
25 loss , damage, expense and/or liability, arising from or growing
26 out of loss of or damage to property, including Grantor's own
27 property, or injury to or death of persons , resulting in any
28 manner whatsoever, directly or indirectly, ,by reason of the
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� 992 �21
1 exercise of the rights hereby granted or reserved; provided,
2 however, that this covenant shall not apply in those instances
3 where such claims , liens , encumbrances , actions , loss , damage,
4 expense and/or liability are proximately caused in whole or in
5 pant by any active negligence of Grantor.
6 11. Grantor shall not erect or place at any future
7 time, any of its facilities so as to interfere unreasonably
8 with the rights of Grantee created; by this Easement grant.
9 12. The interest in the above described real property
10 is to be used only for the purposes specified herein and in the
11 event
12 (a) Said land is not so used, or
13 (b) Said land shall be vacated as a public
14 road, or
15
(c) The project for which this Easement grant
16 is being made is abandoned,
17 said interest shall thereupon revert to said Grantor, its suc-
18 cessors and assigns .
19 13. As a controlling part of the consideration for
20 the execution and delivery of this instrument by Grantor, this
21 grant is accepted upon and subject to the express condition
22 that the municipal improvement for which , this Easement is given,
23 regardless of the time performed, and any other work of improve
24 ment commenced within two years from the date of recording of
25 this instrument (which municipal improvement and other work
26 improvement are hereinafter sometimes collectively called
27 "Improvement") , shall be done without any cost or expense
28
whatsoever to Grantor, its successors or assigns , and that in
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1 the event a special assessment or assessments is or are levied
I
i - 2 by any authorized lawful body against the real property of
3 Grantor, its successors or assigns , for the improvement, the
4 Grantee agrees that it will reimburse Grantor, its ;successors
5 or assigns , and it shall be the binding obligation of the
6 Grantee to reimburse Grantor, its successors or assigns , for
7 the full amount of any and all such special assessment or
8 assessments so levied for said improvement and paid by Grantor,
9 its successors or assigns
10 14. The rights hereby granted are not necessary or
11 useful in the performance of the duties of said Grantor to the
12 public .
13 15. It is expressly understood and agreed that this
14 Easement is granted pursuant to the authority of and upon and
15 subject to the conditions prescribed by General Order No. 69-B
16 of the Public Utilities Commission of the State of California
17 dated and effective September 10, 1963, which by this reference
18 is incorporated herein and made a part hereof.
19- 16. The rights hereby granted are subject to
exceptions ,
20 covenants., conditions , restrictions , reservations , p ,
21 encumbrances , rights , easements , leases and licenses, whether
22 of record or not, affecting the property which is the subject
23 of this Easement, including, but not limited to those herein
24 referred to.
25 17 . Notice provided in this Easement to be given by
26 either party hereto to the other shall be deemed to have been duly
27 given when made in writing and deposited in the United States
28 mail, registered and postage prepaid, addressed as follows:
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1 To the Grantor:
2 Southern California Edison Company
3 P. 0. Box 351
4 Los Angeles , California 90053
5 To the Grantee:
6 City of Huntington Beach
7 P. 0. Box 190
8 Huntington Beach, California 92649
9 IN WITNESS WHEREOF, said Grantor has caused its
10 corporate name and seal to be affixed hereto and this instrument
11 to be executed by a Vice President and an Ass ant Secretary
12 thereunto duly authorized this c� day of ,171.
13 APPazo3 SOU CALIF IA ED. E
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14 VIM
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16 Assia-ti~rt�rcea�y ..
17 GINTOR
18 The CITY OF HUNTINGTON BEACH does hereby accept the
19 above and foregoing Easement upon and subject to all the terms ,
20 covenants and conditions herein contained, and does hereby agree
21 to comply with and perform each and all of such terms , covenants ,
22 and conditions
23 DATED: This day of 1 1971.
24 CITY OF HUNTINGTON .BEACH
25 APPROVED AS TQ FORK:
DON P. BON '
26 Ci Y A Y Attest:
27 B s
Duty i y 28 Attorney GRANTEE
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STATE OF CALIFORNIA ) Buy 992
ss .
1 COUNTY OF LOS -ANGELES )
2 On this &O day of 1971, before me,
3 the undersigned, a Notary Public in and for said County and State
4 personally appeared s ,d //�oo R , known to me to be
5 a Vice President, and : He known to me to
6 be an Assistant Secretary of Southern California Edison Company,
7 the corporation that executed the within instrument and known to
8 me to be the persons who executed the within instrument on behalf
9 of said corporation and acknowledged to me that such corporation
10 executed the same pursuant to its By-laws or a resolution of its
11 •� �*
12 and official seal.
13 LOS0 mC
14 Notary Public in and for'
STATE OF CALIFORNIA ) ss , said County and State
15 COUNTY OF ORANGE )
10th December
16 On this day of 1971, before me,
17 the undersigned, a Notary Public in and for said County and State,
Castle D Brander D.18 personally appeared Bran known to me tobe
19
Acting City Administrator and
'
20 known to me to be of the City of
21 Huntington Beach that executed the within instrument, and known
22 to me to be the persons who executed the within instrument on
23 behalf of said City of Huntington Beach therein named, and
24 acknowledged to me than such City duly executed the same.
25 WITNESS my hand and official seal.
26
u®eescl s_aae aims fleeessuac®emeese■e■e■.,
OFF,<iIAL SEAL / c/Jqotary u n ihd for-
27 01-
Is
FLOYD G. SFLSiTO Is said County and State
NOTARY PUBLIC "AMA�2,8 PRINCIPAL OFFICE IN
■
ORANGE COUNTY s
My Commission Expires Mar. 10, 1974 ;
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THIS PRINT IS FOR INFORMATIONAL PURPOSES ONl...Y ESCR/BE/�� A-T6"eNT Age /POAO
AND SHOULD NOT BE MADE A PART OF ANY INSi F2UMENT. PURP0.5ES. i0 C/7-Y OF HUNT//VG710,/✓
BEAC/! FRO�fi! SO. C4L. E17/SOS c0.
Oi'ang e Coun�y
-- sER. SOUTHERN CALIFORNIA EDISON CO.
FORM RW 46 3M 2-67