HomeMy WebLinkAbout1971-11-03 - Easement SOUTHERN CALIFORNIA EDISON CO (2) , EACH
C Y OF HU►JTINGTO
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top Be A,I1 CuItT. 0,2648 RECORDED IN OFFICIAL RECORDS
H pIp� , OF ORANGE COUNTY,CALIFORNIA
2 FJEEF.:111 9:05 A.M. NOV 12 1971
3
L WYLE CLYLE,Cmmty bmdff
4 This document is solely for the
5 Official bu3 ness of tr:e city
6� Of ICU. ti27--.i.C"n 1 1 1, as cl;latem—
6 Os plated ndrzv. Wve. �;,G.i� Code
Sec. 6103 and should be recorded
7 free of charge.
0
' I Location: City of Huntington Beach
8 �a
10 EASEMENT FOR ROAD PURPOSES
11
12 SOUTHERN CALIFORNIA EDISON COMPANY, a California
13 corporation, hereinafter called "Grantor", does hereby grant
14 to the City of Huntington Beach, a municipal corporation, herein-
15 after called "Grantee", an easement for road and incidental
16 purposes in, on, over, along and across certain real property
17 located in the City of Huntington Beach, County of Orange,
18 State of California, hereinafter called the "Subject Property" ,
19 described as follows :
20
The Southerly 20 feet of the Northerly 50 feet of the
21 real property described as portions of the Northwest quarter
�-..-- of the Northwest quarter of Section 1, Township 6 South,
22 Range 11 West, in the Rancho Las Bolsas, as per Map
recorded in Book 51, page 14 , of Miscellaneous Maps, in
23 the office of the County Recorder of said County, as said
portions were conveyed to Southern California Edison Company
24 by the following:
I
25 PARCEL A:
2 z 26 That portion of said Section 1 as conveyed to Southern
xQ: C6 California Edison Company by deed from Durward Senton Barr,
_Jj 27 et al . , recorded September 1, 1967 as Instrument No. 241
in Book 8360 , page 733 of Official Records, in the office
28 of the County Recorder of said County.
ORIGINAL
a U Fla T34
1 SUBJECT TO:
2 An easement for pole lines and incidental purposes
as conveyed to Southern California Edison Company by deed
3 recorded August 21, 1964 in Book 7189 , page 843 of Official
Records .
4
PARCEL B:
5
That portion of said Section 1 as conveyed to Southern
6 California Edison Company by deeds from Dorothy T. Peck,
et al . , recorded June 12, 1968 as Instrument No. 69790 in
7 Book 4313, page 23 and recorded June 12, 1968 as Instrument
No. 69791 in Book 4313, page 37 , both of Official Records ,
8 in the office of the County Recorder of said County.
9 SUBJECT TO:
10 The rights of Southern California Edison Company
for pole lines and incidental purposes .
11
12 The foregoing grant is made subject to the following
13 terms and conditions:
14 1 . This Easement is granted subject to the right of
15 Grantor, its successors and assigns, to construct, maintain,
16 use, operate, alter, add to, repair, replace, reconstruct and/or
1.7 remove in, on, over, under, through, along and across the Subject
18 Property, electric transmission and distribution lines and
19 telephone lines, together with supporting structures and appur-
20 tenances, for conveying electric energy for light, heat, power
21 and telephone purposes , and pipelines and appurtenances for the
22 transportation of oil, petroleum, gas, water, or other substances,
23 and conduits for any and all purposes .
24 2. This Easement shall be exercised so as not to
25 interfere with the construction, maintenance, use, operation,
26 presence, repair, replacement, relocation, reconstruction or
27 removal of such electric transmission, distribution or telephone
28 lines, pipelines, or other conduits .
AGE
• 9886 T35
3 . Grantee shall exercise its rights hereunder in
2 suc.l a manner so as to permit adequate access at all times by
31 Grantor to all structures located on the Subject Property as
said structures may from time to time exist, and to permit free
5 and unrestricted movement of Grantor 's materials and equipment
G � thereon as may be required by Grantor from time to time.
7 4 Grantee agrees to pay to Grantor, upon demand, any
8 and all costs of relocation and/or construction of such electric
3 transmission, distribution and telephone lines and supporting
10 structures , pipelines , and conduits which may be or become
11 necessary by reason of the exercise of the rights granted pursuant
12 to this Easement.
13 5 Grantee agrees to hold harmless and indemnify
14 Grantor, to the fullest extent to which it can legally do so,
15 from and against all claims , liens , encurtibrances , actions , loss ,
16 damage, expense and/or liability arising from or growing out of
17 loss of or damage to property, including Grantor's own property,
18 or injury to or death of persons , including Grantor 's employees ,
19 resulting in any manner whatsoever, directly or indirectly , by
20 reason of the exercise of the rights hereby granted; provided
22 however, that this covenant shall not apply in those instances
22 where such claims , liens, encumbrances , actions , loss , damage,
23 expense and/or liability are proximately caused in whole or in
24 part by any active negligence of Grantor.
25 6. Grantor shall not erect or place at any future
26 time any of its facilities so as to unreasonably interfere with
27 the rights of Grantee created by the Easement.
2$
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r
• • 9$ fiPART
1 7 . Grantee agrees that, in exercising its rights
2 hereunder, its contractors , employees or other agents will
3 maintain a clearance between any and all equipment operating or
4 placed within the Subject Property of not less than twenty-five
5 (25) feet from any and all structures thereon and not less than
6 fifteen (15) feet from any and all overhead electrical conductors .
7 8. Any structures , facilities or equipment located
8 in the underground within the boundaries of the Subject Property
9 by Grantee or at its direction or on its behalf, shall have a
10 minimum cover of three (3) feet to minimize the future impact
11 of said facilities or equipment upon future locating of under-
12 ground high voltage line and pipelines therein by Grantor. If
13 any of Grantee's said underground structures , facilities or
14 equipment interfere with the construction or placement of addi-
15 tional facilities by Grantor, within the boundaries of the
16 Subject Property, Grantee will reimburse Grantor the difference
17 in construction costs incurred by Grantor in the construction
18 and maintenance of Grantor 's facilities so as not to interfere
19 with its additional facilities ; provided, however, that Grantee
20 will relocate such of its underground structures , facilities
21 or equipment, as may be required to prevent interference with
22 Grantor 's additional facilities , at the option of Grantor.
23 9 . Any and all trees , shrubs or plants on the Subject
24 Property shall be maintained by Grantee in such a manner as
25 not to permit any of them to exceed fifteen (15) feet in height.
26 Notwithstanding any obligation of Grantee to limit the height
27 of any tree, foilage or plant, Grantor reserves for itself, its
28 successors and assigns , the right to trim any tree or trees
• • era,
1 which may grow in or on the real property which is subject to
2 this Easement, and which in the opinion of Grantor, its succes-
3 sors or assigns , endanger or interfere with the proper operation
4 or maintenance of said electric transmission, distribution and
5 telephone lines , to the extent necessary to prevent any such
6 interference or danger.
7 10 . Grantee shall place identification and location
8 markers at its sole expense , and of a number, location and
9 nature acceptable to Grantor, indicating the type, location and
10 depth of any facilities , structures , equipment located by Grantee
11 in the underground of the Subject Property.
12 11. If requested by Grantor, Grantee shall provide at
13 its sole expense two (2) commercial-type driveways on the Subject
14 Property at locations to be indicated by Grantor, said driveways
15 to be twenty (20) feet in width , capable of supporting such
16 loads as might result from the passage thereover of a 40-ton
17 three-axle truck. Driveway slopes and access road slopes shall
18 not exceed a grade of 12% . If Grantor does not elect to request
19 the installation of the driveways aforesaid, the construction of
20 the road crossing Grantor's lands hereunder shall be done in such
21 a manner as to maintain adequate slopes to permit access of
22 Grantor's equipment onto its partial roads .
23 12 . Grantee agrees that it will not place or store
24 any flammable material within the boundaries of the Easement
25 Property and will not permit others within its control to do so.
26 13 . The rights hereby granted are not necessary or
27 useful in the performance of the duties of Grantor to the public.
28 14 . It is expressly understood and agreed that this
` . , • �� 8fi 738
1 Easement is granted pursuant to the authority of and upon and
2 subject to the conditions prescribed by General Order No . 69-B
3 of the Public Utilities Commission of the State of California.
4 dated and effected September 10 , 1963 , which by this reference
5 is incorporated herein and made a part hereof.
6 15 . The interest in the above-described real property
7 is to be used only for the purposes specified herein and in the
8 event:
9 (a) Said land is not so used; or
10 (b) Said land shall be vacated as a public
11 road; or
12 (c) The project for which this Easement grant
13 is being made is abandoned;
14 said interest shall thereupon revert to said Grantor, its
15 successors and assigns .
16 16 . As a controlling part of the consideration for
17 the execution and delivery of this instrument by Grantor, this
18 grant is accepted upon and subject to the express condition
19 that the municipal improvement for which this Easement is given,
20 regardless of the time performed, and any other work of improve-
21 ment commenced within two years from the date of recording of
22 this instrument (which municipal improvement and other work
23 improvement are hereinafter sometimes collectively called
24 "Improvement") , shall be done without any cost or expense whatso-
25 ever to Grantor, its successors or assigns , and that in the event
26 a special assessment or assessments is or are levied by any
27 authorized lawful body against the real property of Grantor,
28 its successors or assigns , for the Improvement, the Grantee
1 agrees that it will reimburse Grantor, its successors or assigns ,
2 and it shall be the binding obligation of the Grantee to reim-
3 burse Grantor, its successors or assigns , for the full amount
4 of any and all such special assessment or assessments so levied
5 for said improvement and paid by Grantor, its successors or
6 assigns.
7 17 . Notices provided in this Easement to be given by
8 either party hereto to the other shall be deemed to have been
9 duly given when made in writing and deposited in the United
10 States Mail, registered and postage prepaid, addressed as follows :
11 To the Grantor:
12 Southern California Edison Company
2244 Walnut Grove Avenue
13 Post Office Box 800
Rosemead, California 91770
14
To the Grantee :
15
City of Huntington Beach
16 Post Office Box 190
Huntington Beach , California 92649
17
IN WITNESS WHEREOF, said Grantor has caused its
18
corporate name and seal to be affixed hereto and this instrument
19
to be executed by a Vice President and Assistant Secretary
20
thereunto duly authorized this day of21
,
1971 .
22
23
ARPR Q R . SOUTHERN IFORNIA EDISON; COMP .NY_
24 ROLL" r1 E �1► . ;a 4
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25 �`- F 1 ,
Coa�aer� '
cn
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26 Vice resid
27 APPROVED AS TO FORM: ,b
DON T. SONF
Cit Attor By Ct-
28 Assistant 'Sbosctary
_ GRANTOR
By:
u i y, Attorney
• -7- •
1 STATE OF CALIFORNIA }
ss.
2 COUNTY OF LOS ANGELES )
3 On this �S' �day of 1971,
J
4 before me, the undersigned, a Notary Public in and for said
5 County and State, personally appeared j. J
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
9 instrument on behalf of said corporation, and acknowledged that
10 such corporation executed the same pursuant to its By-Laws or
11 a Resolution of its Board of Directors .
12 WITNESS my hand and official seal .
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16
17 The City of Huntington Beach does hereby accept the
18 above and foregoing Easement upon and subject to all the terms,
19 covenants and conditions herein contained, and does hereby
20 agree to comply with and perform each and all of such terms,
21 covenants and conditions .
22 DATED this llth day of November 1971.
23
24
By
25 ACTING CITY ADMINISTRATOR
26 ATTEST:
27
28 GRANTEE
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SOUTHERN CALIFORNIA EDISON CO.
9886 pla T42
•
rCity of . Huntington Beach
P.O. BOX 190 CALIFORNIA 926"
DEED CERTIFICATION
This is to certify that the interest in r 1 property conveyed
by the deed dated September 3 , 19f
from Southern California Edison Company 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
Beach adopted on June 3, 1968, and the grantee consents to the
recordation thereof by its duly authorized officer.
CITY OF HUNTINGTON BEACH
Dated: November 11 , 1971
—Brander D. Castle
A)&V5)&Vkjft City Administrator
Acting