HomeMy WebLinkAbout1972-08-08 - Easement SO CAL EDISON CO r ,
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CITY SJE HUNTINGTON BEACH
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1 CITY OF HUNTINGTON BEACH TAX EXEMPT - GOVERNMENT AGENCY FREE
2 Office of the City Clerk City of Huntington Beach CZ
p. 0. Box 190 Paul C. Jones, City Clerk
3 Huntington Beach, Calif. 92648 !
By ,
Mail Tax Statements to Deputy- City Clerk
4 CITY OF HUNTINGTON BEACH
5
Office of the City Clerk -- - i
08
P. 0. Box 190 t
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Huntington Beach, Calif. 9264$ z;
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8 Location : City of Huntington Beach
RECORDED IN OFFICIAL RECORDS
9 OF ORANGE COUNTY,CALIFORNIA1-0
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9:05 A.M. AUG 15 1972
10
a` _ J.WYLIE CARLYLE,County Recorder
0 11 ROAD EASEMENop
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13 SOUTHERN CALIFORNIA EDISON COMPANY, a California
q on 14 corporation, hereinafter called "Grantor" , does hereby grant to
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15 the City of Huntington Beach, a municipal corporation,: hereinafter
�q 16 called "Grantee" , an easement and right of way for public highway
17 purposes in on, over, along and across that `certain realproperty
p p � � � g
18 situated in the County of Orange , State of California, described
i o 19 as follows
20 The Southerly 10.00 feet of Lot-,2 in Block
B of Tract No. 528 , as per map recorded in Book
21 18, page 28 of Miscellaneous Maps , in the office
of the County Recorder of said County and State.
a 22
EXCEPTING THEREFROM that portion lying within
.� 23 the following described parcel of land :
, A 24 Beginning at a point in the Easterly line of
V said Lot 2 , said point being 2 .00 feet Northerly,
25 measured along said Easterly line, from the
Northeasterly corner of the parcel of land herein
26 before described, said point also being the
beginning of a curve concave to the Northwest and
27 having a radius of 5.00 feet; said curve being
tangent to the Easterly line of Lot 2; thence_
28 Southwesterly along said curve to the point of
10,RIG7 INAL
MAIL TAX STATEMENTS AS DIRECTED ABOVE
?l 5 433
1 tangency with a line parallel with and 3.00 feet
Southerly , measured at right angles , from the
2 Northerly line of the parcel of land hereinbefore
described; thence Westerly along said parallel
3 line to a point which is 31.00 feet Westerly,
measured along said parallel line from the
4 Easterly line of said Lot 2; thence Northerly ,
along a line parallel with said Easterly line of
5 Lot 2 , a distance of 3.00 feet to a point in
said Northerly line of said parcel, said point
6 being 31 .00 feet Westerly , measured along said
Northerly line from said Easterly line of Lot 2;
7 thence Easterly along said Northerly line to its
point of intersection with the curve hereinbefore
8 described.
9 -SUBJECT TO:
10 Covenants, conditions, restrictions, reservations ,
exceptions, rights and easements, whether of record
11 or not .
12 The foregoing grant is made subject to the following
1-3 terms and conditions :
14 1 The Easement is granted subject to the right of
15 Grantor, its successors and assigns , to construct , maintain, use,
16 operate, alter, add to, repair, replace, reconstruct and/or remove
17 in, on, over, under, through, along and across the above-described
18 real 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 • The Easement shall be exercised so as not to inter-
25 fere with the construction, maintenance, use, operation, presence,
26 repair, replacement, relocation, reconstruction or removal of such
27 electric transmission, distribution or telephone lines , pipelines ,
28 or other conduits .
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10275 FAA34
1 3 . Grantee agrees to pay to Grantor, upon demand,
2 any and allcosts of relocation and construction of such electric
3 transmission, distribution and telephone lines and supporting
4 structures , pipelines , and conduits which may be or become
5 necessary by reason of the exercise of the rights granted pursuant
6 to the Easement.
7 4 . Grantor covenants , for itself, its successors and.
8 assigns , to construct and maintain the roadway to be located on
9 the above-described property at its own expense.
10 5 . Grantee agrees to hold harmless and indemnify
11 Grantor to the fullest extent to which it can legally do so, from
12 and against all claims , liens , encumbrances , actions , loss ,
13 damage , expense and liability arising from or growing out of loss
14 or damage to property, including Grantor' s own property, or
15 injury to or death of persons , including employees of Grantor,
16 result in any manner whatsoever, directly or indirectly , by
17 reason of the exercise of the rights - hereby granted, provided,
18 however that this covenant shall not apply in those instances
19 where such claims , liens , , encumbrances , actions, loss , damage,
20 expense and liability are proximately caused in whole or in part
21 by any active negligence of Grantor.
22 6. Grantor reserves for itself, its successors and
23 assigns , the right to trim any tree or trees which may grow in
24 or on the Easement Property and which, in the opinion of Grantor,
25 endanger or interfere with the proper operation or maintenance
26 of said electric transmission, distribution and telephone lines ,
27 to the extent necessary to prevent any such interference or
28 danger.
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BCC 10275 P 5
1 7 . The Easement Property is to be used only for the
2 purposes specified herein and in the event
3 (a) said Property is not so used;
4 (b ) said Property shall be vacated as
5 public road; or
6 (c) the project for which this Easement is
7 being_granted is abandoned,
8 the Easement shall thereupon, ipso facto, revert to andmerge in
9 the interest of Grantor in the Easement Property.
10 8. As a controlling part of the consideration for
11 the execution and delivery of this instrument by Grantor, the
12 Easement is accepted upon and subject to the express condition
13 that the improvement for which the Easement is given, regardless
14 of the time performed, and any other work or improvement commenced
15 within two years from the date of recording of this Easement
16 (which improvement and other work or improvement are hereinafter
17 sometimes collectively called "Improvement" ) shall be done without
18 any cost or expense whatsoever to Grantee, and that in the event
19 a special assessment or assessments is or are levied by an
20 authorized lawful body against the real property of Grantor for
21 the Improvement , Grantor agrees that it shall be the binding
22 obligation of the Grantor to pay the full amount of any and all
23 such special assessment or assessments so levied for said Improve
24 ment .
25 9 The two year limitation contained in paragraph 8
26 above to the contrary notwithstanding, Grantor agrees that it
27 shall pay the full amount of any and all special assessment or
28 assessments levied for curbs , driveways , sidewalks and other
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BGCr. PkGE 436
1 improvements which may at any time be installed at this location.
2 10 . Grantee agrees that in the exercise of its rights
3 hereunder, its contractors , employees and other agents will main
4 tain a clearance between any and all equipment operating or
5 placed within the boundaries of the Easement Property of not less
6 than twenty-five (25) feet from any and all structures thereon
7 and not less than fifteen (15) feet from any and all overhead
8 electric conductors .
9 11. Grantee agrees that all construction equipment,
10 when not in use, shall be parked clear of Edison ' s right of way
11 and/or rendered immobile.
12 12 . Grantee agrees that it will water down the con-
13 struction area, as often as necessary to prevent the dust contam-
14 ination of Grantor' s facilities located on, near or adjacent to
15 the Easement Property.
16 13. Grantee agrees that it will not place or store
17 any flammable materials within the boundaries of the Easement
18 Property and will not permit others within its control to do so.
19 14 . Grantor shall have full access to its facilities
20 at all times during the existence of the rights granted herein.
21 15 . Upon termination or reversion of the rights herein
22 granted, Grantee shall execute and deliver to Grantor, within
23 thirty ( 30 ) days after service of a written demand therefor, a
24 good and sufficient quitclaim deed to the rights herein given.
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437
1 Should Grantee fail or refuse to deliver to Grantor a quitclaim
2 deed, as aforesaid, a written notice by Grantor reciting the
3 failure or refusal of Grantee to execute and deliver said quit-
4 claim deed as herein provided and terminating this Easement shall,
5 after ten (10 ) days from the date of recordation of said notice ,
6 be conclusive evidence against Grantee and all persons claiming
7 under Grantee of the termination or reversion of the rights
8 herein given.
9 16 . Upon the termination or reversion of the rights
10 herein granted, Grantee shall at its own risk and expense remove
11 said facilities and restore said premises as nearly as possible
12 to the same state and condition they were in prior to any con-
13 struction of said facilities, but if it should fail to do so
14 within sixty (60 ) days after such termination, Grantor may do
15 so at the risk of Grantee , and all cost and expense of such
16 removal and the restoration of said premises as aforesaid,
17 together with interest thereon at the rate of ten' percent ` (10%')
18 per annum shall be paid by Grantee upon demand.
19 17. In case of a suit to enforce any terms , covenants
20 or conditions of this Easement , Grantee agrees to pay Grantor
21 in addition to any other recovery or relief to which Grantor may
22 be entitled, a reasonable attorney 's fee to be fixed and allowed
23 by the Court.
24 18. Any notice provided herein to be given by
25 either party hereto to the other may be served by depositing in
26 the United States Post Office, postage prepaid, a sealed envelope
27 containing a copy of such notice and addressed to said other
28 party at its principal place of business .
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5 FA6E 438
1 19 Grantee hereby recognizes Grantor's title and
2 interest in and to the 'Easement Property and agrees never to
3 assail or resist Grantor's title or interest therein.
4 20. It is expressly understood and agreed that this
5 Easement is granted pursuant to the authority of and upon and
6 subject to the conditions prescribed by General Order No. 69-B
7 of the Public Utilities Commission of the State of California
8 dated and Effective September 10 , 1963, which by this reference
9 is incorporated herein and made a part hereof.
10 21. The use of the neuter gender herein will, when
11 appropriate, be construed to mean either the masculine or feminine
12 gender or both. Unless expressly provided elsewhere , herein to
13 the contrary, the terms , covenants and conditions of this Easement
14 inure to thebenefit of and are binding upon the heirs , succes-
15 sors, representatives and assigns of the parties hereto .
16 IN WITNESS WHEREOF, said Grantor has caused its corpo-
17 rate name and seal to be affixed hereto and this instrument to
18 be executed by the Manager of the Right of Way and Land Department
19 and an Assistant Secretary, thereunto duly authorized, this
20 day of 1972 .
—_�
21 APfAOVW AS TO
ROLLatURY
SOUTHERN CALL RNIA EDISON MPA NY
By
22 vice, t ' rat �t9�
23 t rt By
P. B. Peecook, Manager of
24 Right of Way and Land Department
25 APPROVED As TO FORM"s;
DON P -BONFA By . C
26 City/Attorney istan Secretary
t
27
By:
28 Cit,Utoragy
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. , E 027 5 PAGE 439
1 The City of Huntington Beach, a municipal corporation
2 does hereby accept the above and foregoing Easement upon and
3 subject to all of the terms , covenants and conditions therein
4 contained, and does hereby agree to comply ,with and perform each
5 and all of said terms, covenants and conditions
6 DATED as of this day of
7 1972 .
8
9 B '�'
Y
10 MAY",PRO TEM
11 By
12
13 Attest
14
15
CITY CLERK
16 GRANTEE
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1 STATE OF CALIFORNIA ) ? ': 10275 Pa[E440
ss .
2 COUNTY OF LOS ANGELES )
3
4 On this 2nd day of May , 1972 .1
5 before me, the undersigned, a Notary Public in and for said
6 County and State, personally appeared P. B. Peecook known to me
7 to be the Manager of the Right of Way and Land Department , and
8 J. C. Bobek known to me to be an Assistant
9 Secretary of SOUTHERN CALIFORNIA EDISON COMPANY, the corporation
10 that executed the within instrument on behalf of said corporation,
11 and acknowledged that such corporation executed the same pursuant
12 to its By-Laws or a Resolution of its Board of Directors .
13 WITNESS my hand and official seal.
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10275 PAcE4 1
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANCE )
On this day of — �/6 e. �, 1972,
before me, the undersigned, a Notary Public in and for said County and
State, personally appeared / &,' known
to me to be � and 4:5 t
known to me to be of
that executed the within instrument on behalf
of said therein named, and acknowledged
to me that such my executed the same.
,r
[FITNESS my hand and official seal.
ICIAL SEAL
liim
STINA DiFAB10 a �� �-- — .,, f ---S,
PUBLIC-CALIFORNIAANGE COUNTYsion Expires June 25,1973
P. 0. Box 190, Huntington Beach, Calif.92648
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27 5 r
V., -4J to City of Huntington Beach
r�� � 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 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
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
tyC ler
By:
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tHIS PUNT IS FOR INFORMATIONAL PURPOSES ONLY J. O' M. •. "}�.�•90
AND SHOULD NOT 6E MADE A PART OF ANY INSTRUMENT• oCG.oH vo,'a- i S•ubSf.�f/on
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STATEMENT OF THE ACTION OF CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, August 7, 1972
Mayor Ern TTe=nrp Bartlett called the regular meeting of the
City Council of the City of Huntington Beach to order at 7:00 P.M.
Councilmen Present: Bartl tt. 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 follow-
ing roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Coen
16. GRANT OF EASEMENT - CITY TO SOUTHERN CALIFORNIA EDISON CO. - Approved the granting
of an easement from the City to the Southern California Company, for a portion of
Warner Avenue at "B" Street, at Edison's Oceanview sub-station; 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,. 1272 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
Pa,l 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 5ibo-ve iiid foregoz,ng is a true
and correct Statement of Action of the City Council of sa icy at their regular
meeting held on the 7th day of Augur _ t9_ Z
WITNESS my hand and seal of the said City of Huntington B, ich thi- the 9th day of f
August 19 2 . `
Paul C. Jones
City Clerk lip. ex-offici_o Clerk
of the City Council of the City
of Hu�ingtorr-�ea h, California
BX G
T)enuty