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HomeMy WebLinkAbout1971-07-08 - Easement SO CALIF EDISON CO REC(IR ING REQUESTED BY: ' 7417 MAIL TO:2 City of Huntington Beach �''rY 97 13 PAfE 36 P. O. Box 190 3 Huntington Beach, California Attention: City Clerk Thio deoument is solely for the official business of the City 4 of HuntinSton Beach, as contem- plated under Government Code 5 ROAD EASEMENT Sec. 6103 and should be recorded 6 free of charge. 7 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, 8 organized under the laws of the State of California , and having,,. 9 its principal place of business at the City of Los Angeles , in 10 said State, hereinafter called "Grantor", does hereby grant to 11 the CITY OF HUNTINGTON BEACH, a body politic and corporate , 12 hereinafter called "Grantee", an easement for public road and 13 highway purposes in, on, over and across that certain real 14 property in the City of Huntington Beach, County of Orange, 15 State of California described as follows : o era 16 The Southerly 30 feet of the Northerly 50 feet of the Westerly 200 feet of the East half a 17 of the Northwest quarter of the Northeast quarter w m of Section 1, Township 6 South, Range 11 West, 18 San Bernardino Base and Meridian. 19 SUBJECT TO: 8� 20 Covenants , conditions , restrictions , reservations , exceptions , rights and easements 21 of record . 22 The exercise of the rights hereby granted do not appear to interfere with the operations , at` 23 practices and service of said Southern California Edison Company to and for its several patrons and �v 24 customers w 25 1. The said easement is granted subject to the right 26 of said Grantor, its successors and assigns , to construct, `N 27 maintain, use , operate, alter, add to, repair, replace , re- 28 construct and/or remove in, on, over, under, through, along 29 and across the -above-described real property, electric trans- 6 4 30 mission and distribution lines and telephone lines , together 31 with supporting structures and appurtenances , for conveying 32 / RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AR E 9:05 A.M. JUL 9 1971 C3 J.WYLIE CARLYLE,County Recordbr • 1 electric energy for light, heat, power and telephone purposes , 2 and pipelines and appurtenances , for the transportation of oil, CO 3 petroleum, gas , water or other substances , and conduits for any -v W 4 and all purposes. 5 2 . Said easement shall be exercised so as not to 6 interfere with the construction, maintenance, use, operation, ------ - 7 presence, repair, replacement, relocation, reconstruction or 8 removal of such electric transmission, distribution or telephone 9 lines , pipelines , or other conduits. 10 3. Grantee agrees to pay to said Grantor, its succes- 11 sors or assigns , upon demand, any and all costs of relocation 12 and/or construction of electric transmission, distribution 13 and telephone lines and supporting structures, pipelines, and 14 conduits which may be or become necessary by reason of the 15 exercise of the rights granted pursuant to this easement. 16 4. Grantee , by the acceptance of this instrument, 17 agrees to hold harmless and indemnify Grantor, its successors 18 and assigns , from and against all claims , demands , actions , loss , 19 damage, expense and liability, arising from or growing out of 20 loss of or damage to property, including Grantor' s own property, 21 or injury to or death of persons , including Grantor' s personnel 22 resulting in any manner whatsoever, directly or indirectly, by 23 reason of the exercise of the rights hereby granted, except 24 for acts of active negligence on the part of Grantor. 25 5. Grantor will be held safe and harmless from any 26 claims or damage resulting from the operation and maintenance of 27 the various lines , including the washing of insulators. 28 6. The above-described property is to be used by the 29 Grantee only for the purposes hereinabove set forth, and in the 30 event said property is not used for said purposes , or in the 31 event said property shall hereafter be vacated for the uses and 32L. 11 - 2 - V " s $ f � 5 ! B% F 97 13 PAGE 38 pupst."heacexve eaPesaee rights �rantd 'hereinl the a pon revert to, ,rant, its .���4sso�rs or ass�:$ns. zli� ! i � li.� tiG tj"++ BrT✓ i.�{. �yt' f� VLi� r$�, .V►4i ran/,+a!/d : r be per r ed. �ranto4o oft,: the. ��.�h3n ��ement' r ghtm of wed y pa and axl. ns' and specificati=c�.a e 1* e thereto, .including F gra'duq jlns,. sel1 ire ,sb .ect to' tierQr written aprvl . f 7, 7, the OtAhtar. Such p a a.11' be Submitted t. , Se the t ►sm c -Division_ .f� re atc�r.. ©r h .,ap rQv .; . prig to ;c nce e t of,.any '�cQ true Lon: ln conn+�ction-. �kth 1Q Such cons to action �okk, it f s 00: spe�ef�f :dal y, lfi! Air -�euipnt N . " ed..3,brante shelf. 9 fl• ` 2 b�.0 inainta-ined 'at' a m nimu� d tam . of tw Ve s_ 13 (2 , ' £ , t ii all structures: o'f 'ano and at a rvx. n 1:4` :idn di�tandew, of fiftee! {. ) -feet."'from zany over, eed conductor .af €r, to i. areas Maus t b� l.e ft ire `1aet.. l7 c, d .cona it can for Grantor'e- ,purpc s j�►s� �pr*p ` to . c nce��tt- of vthe piropae6d Mork. 13 (cY• , dA qua e . �d "a hs l".i of prc�'Vid aqf1Etw :ng i/ - t Zi 4F kw.ry.� 1W #F.►YT4�!; 57'+'�Fb.w!x be, ciir a a s .mum. of fifteen` (15 foet .>ftcgi *.', +� ;'str�.ctures Land duet rs H , L3d).; Qs�mercial 'type d#i`, ays sixteen ( ) = ;: feet ride with `ena�i depre'ssio capake of support": .45 ing 40 tons an a three axle truck 's4aall. be install�d 26 at iecat and 'to be mutuslly� agreed upon b ' tie partf+eS S. (e) Sfde�raiks; :curbs a a gutter :ehal be ,. installed at' .e�cpens�e. to r h^ g rantQ Y t Adequge .access tc ill .s;tructures'`shell° 3 be ,�acov3 ed t`at o t� 4: ere t 'be .any b X cz 1 interference with the free movement of Grantor's 2 equipment and materials. 3 (g) Construction of crossing (cut or fill) -b 4 shall be adequately sloped to enable access of rn W 5 equipment onto patrol roads. cD 6 (h) Removable pipe type barriers, as detailed 7 � on Edison drawing No. 127755 must be installed at 81 locations as shown on the attached print. 9 8, Grantor shall not erect or place at any further 10 time any of its facilities so as to interfere unreasonably with 11 the rights of Grantee created by this easement grant. 12 9. Grantee shall maintain the trees or plants which 13 may grow in or on the real property which is subject to this 14 easement in such a manner that no such tree or plant shall 15 exceed a height of fifteen (15) feet. However, Grantor reserves 16 for itself, its successors and assigns, the right to trim any 17 tree or trees which may grow in or on the real property which is 18 subject to this easement, and which in the opinion of Grantor, 19 its successors or assigns, endanger or interfere with the proper 20 operation or maintenance of said electric transmission, 21 distribution and telephone lines, to the extent necessary to 22 prevent any such interference or danger, 23 10. As a controlling part of the consideration for 24 the execution and delivery of this instrument by Grantor, this 25 grant is accepted upon and subject to the express condition that 26 the improvement for which this easement is given, regardless of 27 the time performed, shall be done without any cost, expense or 28 liability whatsoever to Grantor, its successors or assigns. 29 30 31 32 - 4 _ i 1 11. Grantee hereby recognizes Grantor's title and 2 interest in and to said premises and agrees never to assail or Co 3 resist Grantor's title or interest therein. W 4 IN WITNESS WHEREOF, said Grantor has caused its cor- .p. 5 porate name and seal to be affixed hereto and this instrument to 6 be executed by a Vice President and an Assistant Secretary 7 thereunto duly authorized, as of this &4. day ofeo, 1 8 19-Z 9 SOUTHERN CALIFORNIA EDISON COMPANY 10 11 By 12 ce Tr 13 ; r- 14 By Assistant Secretary `' 15 GRANTOR 16 17 The CITY OF HUNTINGTON BEACH does hereby accept the 18 above and foregoing easement upon and subject to all of the 19 terms, covenants and conditions therein contained, and does 20 hereby agree to comply with and perform each and all of said 21 terms, covenants and conditions. 22 DATED this S day of July 1971 . 23 CITY OF HUNTINGTON BEACH 24 a 25 BY c Mayor 26 27 BYE' City , rk 28 (",R�i1�ITE r _ S 29 30 APPROVED m FORM 31 ROLLIN E. URY 32 e4 1& Gen at Counsel .Jlssist�a7nt counsel - 5 01 r - 1 STATE OF CALIFORNIA ) ss . FCR 9713 41 2 COUNTY OF LOS ANGELES ) 3 On 22VAeA. /0 1971, before me, a Notary Public in 4 and for said State , personally appeared J, H, D9,4�/ , 5 known to me to be a Vice President, and 61. 3,0mrL , 6 known to me to be an Assistant Secretary, of SOUTHERN CALIFORNIA 7 EDISON COMPANY, the corporation that executed the within 8 instrument, and known to me to be the persons who executed the 9 within instrument on behalf of the said corporation, and 10 acknowledged to me that such corporation executed the same 11 pursuant to its by-laws or a resolution of its Board of 12 Directors . 13 WITNESS my hand and official seal. OFFICIAL SEAS. 14 GLORIA E. MARLATT NOTARY PUBLIC-CALIFORNIAi 15 \�° PRINCIPAL OFFICE IN Aotary U 1C n andOr S LOS ANGELES COUNTY =' 16 County and State My 'a Mission Expires Octotwr 14, 197F Ali@wi,i.,,.F+: uu 1 liii!iIAi71ll177U1i2lH1R111i1P41iISIUiJi'x1C.i.Nd�11N1WWt3)l 17 18 STATE OF CALIFORNIA ) ss. 19 COUNTY OF ORANGE ) 20 On July 1971 , before me , a Notary Public in 21 and for said State, personally appeared George C. Mc Cracken , 22 known to me to be Mayor and Paul C. Jones , 23 known to me to be City Clerk 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 HUNTINGTON BEACH, therein named, and 27 acknowledged to me such CITY OF HUNTINGTON BEACH executed the 28 same. 29 WITNESS my hand and official seal, 30 ur•rs■esasr■■r■ur■u■u■n■e■rsepsrw* p-y i OFFICIAL SEAL 31 GliFLOYD G. BELSITO gNotar u �+c In an or sa NOTARY PUBLIC•— CALIFORNIA 32 Count and State to PRINCIPAL OFFICE IN �■ ORANGE COUNTY My Commission Expires Mar. 10, 1974 rss■■rr■■■■e■■■■■r■s■s■■■■■e■■■r■es■ss■■q 6 - 9713 Pal 42 Zoo.o" CiTy OF FOUNra//V VgGLE'y 66 2 34 , G,4,C2LIEt o - - 0 i 60 ! r o v W , s3. s��A-;" 4 oUAvo.4ay CIA- le.I/6•1 4161A1 r/N G 710AI BEAG,4i1 '-"'D,vYpWd 5/ O/-oPe/'/y aF So. la///Z` fo/isnn Co. mad E�sPmenf fo 71,4�p C�'fy of //un�in9fon Beech J. O. M. S 90 Nun/.ii9fon•Btocl9-.E•//is•j10 .E'v TY�vis.Liiae+ P�N' .y/do s/Sow�i� /oCo� ion of �bao�Pswn/. ; n QCcoo/S Oi�r a Co an f 8ItR. ¢3o7oA SOUTHERN CALIFORNIA EDISON CO. FORM RW 46 3M 2-67 City of Huntington Beach * P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION 9T 13 43 This is to certify that the interest in real property conveyed by the deed dated March 10, 1971 from Southern California Edison to the City of Huntington Beach , a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HUNTINGTON BEACH pursuant to the authority con- ferred by resolution of the City Council of the City of Huntington , °B`each; adopted on June 3, 1968, and the grantee consents to the recordation thereof by its duly authorized officer. CITY. OF HU T NGTON BEACH Dat.ed:. .'July 8 , 1971 .... ��A 6XX "*JJ Doyle Miller 1 K.CY,K XXX City Administrator