HomeMy WebLinkAbout1972-05-02 - Easement SO CAL EDISON CO t . Recording Req ted By: ' '1 5529 Bi;Gh;_10275 PAGE419
CITY OF HUNTING BEACH nFREEWhen Recorded Return To:
i CITY OF HUN1"1NGTON BEACH AX EXEMPT "' GOVERNMENT AGENCY
Office of the City Clerk City of Huntington Beach
2 P. o. Box 190 Paul C. Jonea. City Clerk
Huntington Beach, Calif. 926s48 B
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Mail Tax Statements To: eputy City -Clerk ,
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CITY eF 14UNTWOTON BEACH
-g Office of the City Clerk � 4"FRMAL RECOR P. 0. Box 190 CALIFORNIA
6 Huntington Beach, Calif. 92648 �a.r AM-15 1972,
"- 1Wt1.�E CARLVLE,Cam►Alec .
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8 Location : City of Huntingt Beach
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10 STORM DRAIN EASEMENT
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4 12 1" SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
Q 13 organized under the laws of the State of California and having
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14 its principal place of business in the City of Rosemead , in
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o` 15 said State, hereinafter called "Grantor" , does hereby grant to
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a� 16 the City of Huntington Beach, a municipal corporation, an ease
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Qo 17 ment and right of way for storm drain purposes in, on, under,-
18 along and across that certain real property in the City of
19 Huntington Beach, County of Orange , State of California, described
w a 20 as follows :
21 That portion of Section 16 , Township 5
South , Range 11 West , in the Rancho La Bolsa
22 Chica, as shown on a map recorded in Book 51,
page 13 of Miscellaneous Maps , in the office
23 of the County Recorder of said County , des-
cribed as follows :
24 Beginning at the intersection of the North
25 line of the Orange County Flood Control District
�N ` C04 Channel (Westminster Channel) , said line
being parallel with and 130 .00 feet Northerly ,
26 measured at right angles , from the South line
27 of the East one-half (112) of said Section 1631
with the West line of Graham Street , said West
28 line being parallel with and 26 . 00 feet Easterly,
measured at right angles ,from the Westerly line'
ORIGINAL
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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1 of the East one-half (1/2) of said Section 16 ;
thence North 00 40 ' 20" East, 305 .08 feet along
2 said West line of Graham Street ; thence leaving
said West line of Graham Street , South 11 49 ' 20"
3 West , 140 .49 feet ; thence South 10 42 ' 55" West,
164. 80 feet to a point in said North line of the
4 C04 Channel; thence North 89' 38 ' 45" East , 13.00
feet along said North line of the C04 Channel to
5 the point of beginning.
6 SUBJECT TO:
Covenants , conditions, restrictions , reservations ,
7 exceptions , rights , easements and licenses , affecting;
said above-described real property , whether of record
8 or not.
9 The foregoing grant is made subject to the following
10 terms and conditions :
11 1 . The said easement is granted subject to the right
12 of said Grantor, its successors and assigns , to construct ,
13 maintain, use, operate, alter, add to, -repair, replace, recon
14 struct and/or remove in, on, over, under, through, along and
15 across the above-described real property and electrical substation
16 electric transmission and distribution lines and telephone lines ,
17 together with supporting structures and appurtenances , for convey
18 ing electric energy for light, heat , power and telephone purposes ,
19 and pipeline and appurtenances .1 for the transportation of oil,
20 petroleum, gas, water or other substances , and conduits for any
21 and all purposes .
22 2 . Said easement shall be exercised so as not to
23 interfere with the construction, maintenance , use, operation,
24 presence, repair, replacement , relocation, reconstruction, or
25 removal of such electrical substation facilities, electric trans-
26 mission , distribution or telephone lines , pipelines , or other
27 conduits:
28 3. Grantee, by the acceptance of this instrument ,
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1 agrees to pay to said Grantor, its successors or assigns , upon
2 demand, any and all costs of relocation and/or construction of suc
3 electrical substation facilities , electric transmission, distribu-
4 tion and telephone lines and supporting structures and pipelines
5 which may be or become necessary; or at the option of the Grantor,
6 Grantee will relocate its facilities at its expense so as not to
7 interfere with the Grantor's proposed facilities .
8 4 . Grantee agrees that it will not store flammable
9 materials on the premises .
10 5 . Grantee agrees that the maximum slope of one to one
11 will be maintained from the bottom of any excavation to the top of
12 the foundation of any existing Edison structure.
13 6 . Any facilities constructed under the aforesaid ease
14 ment shall be buried in the ground so that the top of such storm
15 drain shall not be less than three (3) feet below the surface of
16 the ground , and said storm drain shall be of such type of construe
17 tion and material as to be sufficient and safe for the purposes for
18 which it is to be used. Grantee shall promptly and properly repla e
19 the earth over said pipeline and shall so tamp or water settle suc
20 earth that no depressions shall be left or shall develop in the
21 surface of the ground over said storm drain facility .
22 7 . Any earth distrub ance within the aforesaid easement
23 shall be compacted to ninety percent (90%) compaction.
24 8. Grantee agrees that any facilities installed pursua t
25 to the rights granted by this instrument shall be capable of sup-
26 porting three-axle vehicles weighing up to forty (40 ) tons'.
27 9 . The construction area within the aforesaid easement
28 must be watered down periodically so as to prevent dust contamina-
29 tion of the Grantor's facilities .
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1 10 Grantee agrees that it will maintain the clearance
2 specified hereinafter with respect to the equipment utilized by
3 Grantee pursuant to this easement : a twenty-five (25 ) foot
4 clearance from all structures ; and a fifteen (15 ) foot clearance
5 from all overhead conductors .
6 11. Adequate access to all Grantor's facilities must
7 be provided and at no time is there to be any interference with
8 the free movement of the Grantor's equipment , materials and/or
9 employees .
10 12 . Grantee shall have the responsibility to locate
11 and adequately mark all existing pipelines and underground
12 facilities in the easement area and to avoid conflict with and
13 damage to such facilities during the construction and maintenance
14 of Grantee's facilities .
15 13. The location of any storm drain facilities cons-
16 tructed under this easement shall be marked on, over and across
17 said real property and above said storm drain facilities by-perma
18 nent markers consisting of upright metal pipes of at least two (2 )
19 inches in diameter and extending approximately two (2 ) feet above
20 the surface of the ground, each marker to indicate the depth of
21 the storm drain facilities and to be equipped with pointers indi
22 eating the direction of the center line of such pipeline. Such
23 markers shall be placed by Grantee at such locations on said
24 real property as shall be designated by the Grantor and shall
25 be maintained in place and kept in good repair by Grantee .
26 14 . Grantee agrees for itself, its successors and
27 assigns, and for its and their agents and employees and any
28 person or persons claiming under the Grantee , its successors or
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�Gc ! 0275 PALE423
1 assigns , to save harmless and indemnify the Grantor, its
2 successors and assigns , and its and their officers , agents ,
3 employees , tenants , and licensees from and against all claims ,
4 demands , loss , damage , actions , causes of action , expense and/or
5 liability arising or growing out of loss of or damage to property
6 including the property of the Grantor, its successors and assigns ,
7 and its and their officers , agents , employees , tenants , and
8 licensees , or injury to or death of persons resulting in any
9 manner, directly or indirectly , from the maintenance , use , opera-
10 tion, repair and presence of said storm drain facilities .
11 15 . The above-described property is to be used by the
12 Grantee only for the purposes hereinabove set forth and in the
13 event said property is not used for said purposes , or in the
14 event said property shall hereafter be vacated for the uses and
15 purposes hereinabove expressed, it shall thereupon revert to the
16 Grantor, its successors or assigns .
17 16 . It is expressly understood and agreed that this
18 asement is granted pursuant to the authority of and upon and
19 ubject to the conditions prescribed by General Order No . 69-B
20 f the Public Utilities Commission of the State of California
21 ated and effective September 10 , 1963 , which by this reference
22 s incorporated herein and made a part hereof.
23 17 . As a controlling part of the consideration of the
24 xecution of this instrument by the Grantor, this easement is
25 ccepted upon and subject to the express condition that the
26 ublic improvement for which this easement is given, and all
27 onstruction and maintenance thereto, regardless of the time
28 rformed, and any other work of improvement commenced within
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1027 5 424
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-1 4 two 0 ) years from the date of recording of this- instrument
2 '- F,(which public improvement and other work of improvement are
3 hereinafter ,sometimes' collectively called "Improvement' ) , shall
4 be' done without any cost or expense whatsoever--to Grantor, its
5, - successors or assigns , and that in the event a special -assessment
6 or assessments is or are- levied by any authorized lawful body
7 against the real property -of Grantor, its successors or assigns ,
8 for the Improvement, the_ Grantee agrees that it- will reimburse
9 Grantor, its successors -or assigns, and it shall be the binding
10 obligation- of the Grantee to reimburse Grantor, its successors
` 11 or assigns, 'for the full amount. of` any and all such special
12 assessment ,or assessments 'so levied 'for said Improvement and
13 Paid by Grantor, its successors- or assigns .
14 18 , rAny. notice provided herein to be given by either
15 party hereto or to the other may be served by depositing in the ,
16 United States. mail, postage prepaid, a sealed envelope containing
17 a copy of such notice and address to said other party at its
18 principal place- of business and -the same shall be sufficient of
19 such- not ic,e'.'
20 r ,,19. - ,The Grantee _hereby- recognizes Grantor's title and '
' 21 interest in and to the said premises , and agrees never, -to assail
22 or resist Grantor's title or interest therein.'
23 _ _ - 20 . Upon termination of-_ the rights herein given, Grante
24 shall execute,-and deliver to Grantor within _thirty . (30 ) days after
25
se-rvice of a written demand therefor a good�an'd sufficient quit-
26 claim _deed to the rights herein-_given.; Should Grantee fail or
27 refuse to deliver to Grantor a quitclaim deed , as- aforesaid , a
28 written notice by Grantor reciting "the failure or, refusal of
485
I Grantee to execute and deliver said quitclaim deed as herein
2 provided and terminating this agreement shall, after ten (10 ) '
3 days from the date of recordation of said notice , be conclusive
4 evidence against Grantee and all persons claiming under Grantee
5 of the termination of the rights herein given.
6 21 . ' In case of a suit to enforce any terms , covenants
7 and conditions of this instrument , Grantee agrees to pay Grantor
8 in addition to any other recovery or relief to which Grantor may be
9 entitled, a reasonable attorney 's fee to be fixed and allowed
10 by the Court .
11 IN WITNESS WHEREOF, said Grantor has caused its
12 corporate name and seal to be affixed hereto and this instrument
13 to be executed by P. B. Peecook, Manager of Right of Way and
14 Land Department and an Assistant Secretary thereunto duly
15 authorized, as of this f1 day of 1972 .
16
17 SOUTHERN CALIFORNIA• EDISON COMPANY
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APPROVED AS TO f RM
RO E.19
: p 1 By
Vice Prem H
By jr ......... P. B. Peecook , Manager of Right
20 a�S#stanc Conn of Way and Land Department
7----------
21 i9.7 ..
22 By
stant Secretary
23
APPROYED AS PO FORM:
24 DON P. BONFA
City, torney
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26 By,: �f
JI? it Attorney
27 �!
28
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0275 P4426
1 STATE OF CALIFORNIA )
2 ) ss .
COUNTY OF LOS ANGELES )
3 On May 2, 1972 , before me , a Notary Public
4 in and for said State , personally appeared Mr., P. B. Peecook,
5 Manager of Right of Way and Land Department , and J. C-. Bobek
6 known to me to be an Assistant Secretary , of
7 SOUTHERN CALIFORNIA EDISON COMPANY, the corporation that
8 executed the within instrument , and known to me to be the
9 persons who executed the within instrument on behalf of the said
10 corporation , and acknowledged to me that such corporation
11 executed the same pursuant to its By-laws or a resolution of
12 its Board of Directors ,
13 WITNESS my hand and official seal .
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1 The 1 oes hereby accept
2 the above and for going easement Zon and subject to all of the
3 terms , covenants and conditions therein contained, and does
4 hereby agree to comply with and perform each and all of the said
5 terms , covenants and conditions . `
lX 6 DATED as of this day of 1972 .«� ��,
7
8 By
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9 MAYOR PFto TEM
10 By -u��
GR49TEE CITY CLERK
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STATE OF CALIFORNIA
14 ) ss.
COUNTY OF ORANGE
15
On before me , a Notary Public in
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j and for said State , personally appeared
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known to me to be and
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wat
nto me to be , of
19h executed the within instrument;, and
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kh'own to me to be the persons who executed the within instrument ,
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on lbehalf of _ a, A_s therein named,
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and acknowledged to me that such executed the
23
same.
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WITNESS my hand and official seal.
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26 e
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27 WNOTAPY
OFFICIAL�SEALERNESTiNA DiFAB10 PUBLIC-CALIFORNIA
28ORAN aE COUNTYCommissionExpiresJune25,1973 —9—
P,0.Box 190. ftntington Beach, Calif. 92648
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�44 10 75 PAV428
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IN
c' City of Huntington Beach
�- P.O. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated August 8, 1972 from So. Calif. Edison Co.
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
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
Dated : August 14, 1972 CITY OF HUNTINGTON BEACH
Paul C. Jones
tCity r
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By.
Deputy City Clerk
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STATEMENT OF THE ACTION OF CITY COUNCIL �0
Council Chamber, City Hall
Huntington Beach, California
Monday, August 7. 1972
Mayor Pro TMRore Bartlett called the regular meeting of the
City Council of the City of Huntington Beach to order at 7:00 P.M.
Councilmen Present: Bartlett, Gibbs, Green, Matney, Duke
Councilmen Absent: Shipley, Coen
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Matney, the following items were approved as recommended by the
following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Coen
17. GRANT OF EASEMENT - CITY TO SOUTHERN CALIFORNIA EDISON CO. - Approved the granting
of an easement from the City to the Southern California Edison Co. for a portion of Graham
Street for installation of the Graham Street storm drain - CC-180; and authorized
the Mayor and City Clerk to execute same on behalf of the City.
On motion by Gibbs the regular meeting of the
City Council of the City of Huntington Beach adjourned at 10:43 P.M.
to August 9. 1972 at 6:00 P.M. in the Council Chamber
The motion was passed by the following vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Coen
Paul C_ .Tones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
Paul C. Jones Ted W. Bartlett
City Clerk Mayor Pro Tempore
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of
Huntington Beach, California, do hereby certify that the above and foregoing is a true
and correct Statement of Action of the City Council of said City at their regular
meeting held on the 7th day of August , 1972.
WITNESS my hand and seal of the said City of Huntington Beach this the th day of
August , 19 72 .
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntingto Beach, California
BY:
Deputy