HomeMy WebLinkAbout1972-08-01 - Easement SULLY MILLER CONT CO r
r� y REQUESTED BY . ZCa�BQ
6T�eY OF AUNTINGTry1y��� FACF1 O QV (/5f�1/ A t+f�19 �'�i!
°HIlI�/a /L�'Fad^t�e4� Q' .CnJ f0 .....r §,1G.V �i;�LWV
CITY OF HUNTINGTON BEACH r REE
Office of the City Clerk C2
P. 0. Box 190 Project: Storm Drain Easement
Huntington Beach, Calif. 92648 -``
i Joint Powers Training Center
Huntington Beach, California
Mail Tax Statements to
f~ Tax Exempt Government Agency
CITY OF HUNTINGTON BEACH J CITY OF HUNTINGTON BEACH
Office of the City Clerkk Paul C. Jones, City Clerk
t
P. 0. Box 190 "' EASEMENT DEED
Huntington Beach, Ca1il, 92640By. .. ............
DePt+ City Llefk
FOR A VALUABLE CONSIDERATION, receipt of which is herebyq
acknowledged, -
SULLY-MILLER CONTRACTING COMPANY, a Corp-
oration, hereinafter referred to as GRANIkOR,
does hereby GRANT to the
CITY OF HUNTINGTON BEACH, a municipal corp-
oration, hereinafter referred to as GRANTEE
a non-exclusive easement to construct, operate and maintain a
covered storm drain easement and appurtenant structures in, over
and across the real property in the County of Orange, State of
California described as follows :
The east 198.00 feet of the south 20.00 feet of
north 484.00 feet of the east one-half (E%z) of the south-
west one-quarter (SW4) of the northwest one-quarter (NW4)
of Section 35, Township 5 South, Range 11 West, San Bern-
ardino Base and Meridian, as shown on a map recorded in
Book 51, Page 13 of Miscellaneous Maps, Records of Orange
County, California.
Together with the further right to enter upon and to
pass and repass over and along said land and to deposit tools,
implements and other materials thereon by Grantee, its officers,
agents and employees and by persons under contract with it and
their employees whenever and wherever necessary for the purpose
above set forth; provided, if it is necessary for the Grantee to
enter on and disturb and surface or subsurface of the easement
area being conveyed in order to repair, replace or enlarge the
drainage facilities installed, the Grantee will return the surface
and subsurface area to the same condition as existed prior to
said entry on and disturbance, including but not limited to re-
placement or repair of surface structures, buildings, roadways,
- landscaping or other improvements upon said areas.
Grantor reserves for itself, its successors and assigns
and all persons hereafter owning or occupying the whole or part
of the above described real property the right to erect, con-
struct and maintain over, above and upon said storm drain buildings,
improvements and/or structures and to case an earth fill to be
placed over, along and above the covering of said storm drain to
such extent as Grantor, its successors or assigns or other per-
sons owning or ,occupying the whole or any part of said land may re-
quire for the convenient use and occupation of said land, and the
foregoing Grant of Easement is subject and subordinate to the
reservations expressed in this paragraph; provided, however, that
before commencement of construction of any such building, improve-
ment or earth fill, the plans and specifications for the construction
thereof shall first be submitted to the Chief Engineer of City of
Huntington Beach for the purpose of enabling said Engineer to
determine whether or not any such building, structure, improvement
or earth fill will be so constructed that foundations or other
structural weight will rest upon or near said storm drain in such
manner or with so great weight as to jeopardize the safety of
said storm drain and no such construction shall be made until
and unless said Engineer shall in writing state his opinion that
the safety of said storm drain will not be so jeopardized by the
{
MAIL TAX STATEMENTS AS DIRECTED ABOVE
r
10294
construction work described in said plans and specifications.
Provided further that if said Chief Engineer within fifteen days
after the submission to him of said plans and specifications does
not disapprove said plans and specifications then such failure of
disapproval may be deemed as an approval thereof. Such approval
by said Engineer shall not be unreasonably withheld.
Grantor reserves for itself, its successors and assigns
and all persons hereafter owning or occupying the whole or any
part of the above described real property the right, so long as it
does not interfere with Grantee' s use and enjoyment of the rights
herein granted, to:
1. Install, operate, maintain and remove facilities
including, but not limited to, pipelines, conduits,
pole lines, cables and roadways.
2. Grant easements to others.
It is understood and agreed that this Easement, and the
rights and privileges herein given Grantee may be terminated at
any time by Grantor by giving Grantee six-months written notice.
In the event of such termination, Grantee, at its own expense and
risk will remove all property placed by or for Grantee on the pre-
mises and restore said premises, as nearly as possible to the same
state and condition they were in prior to any construction here-
under.
It is further understood and agreed that the privileges
herein given are subordinate to and subject to all valid and ex-
isting leases, grants, exceptions and reservations affecting said
premises.
Date: ° ` � / /� SULLY-MILLER CONTRACTING COMPANY
kAA
Byf
R. K. MaeGREGOR - PRESIOT
{
W.DUANE RASH VICE PRESIDENT,'
APPROVED AS TO FORM-&
2 _ DON P BONFA
City ttorney
f
By
D Ci oroesr
f
STATE OF CALIFORNIA, • i ;!: ► 294 "N"E 95 I.
J COUNTY OF LOS Angeles ss.
ON August 9 , , 19 72 ,
before me, the undersigned, a Notary Public in and for said State, personally appeared
R. K. MacGregor and W. Duane Rash
l , known to me to be the
President and Vice President
ofthe Sully—Miller Contracting Company
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument,on behalf of the Corporation,therein named;and acknowledged
— — to me that such Corporation executed the same.
OFFrr;IAI- 9EgL �
MURIEL V. SMITH
NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal.
LOS ANGELES COUNTY
nis�oN E Ita Ses 26, 1972
i/
Notary Public in and for said State.
ACKNOWLEDGMENT—Corporation—Wolcotts Form m—Rev.3-64
19294 FaE952
13fCity o Hunting ton Beach
re P,O. 60X 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated August 1, 1972 from sully-Miller Contracting Co.
to the City of Huntington Beach, a municipal cor oration, is hereby
accepted by the undersigned officer or agent on Eehalf 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 : 8/24/72 CITY OF HUNTINGTON BEACH
y REUORDED IN OFFICIAL RECORDS City Clerk
OF ORANGE COUNTY,CALIFORNIA
t 9:05 A.M. AUG 25 1972
Deputy City Clerk
J.WYLIE CARLYLE,County Recorder