HomeMy WebLinkAbout1972-12-14 - Easement SOUTHERN CALIFORNIA EDISON CO. RECORG� 824 9 ' ? 2 • ' -
i + REQU STE-= o 1 L��Gf ,0,58 T P41,E g4 4
1 _CITY OF HUNTINGTON BEACH - - -
Office of the City Clerk FREE Location : City of
2 C8� Huntington Beach
P 0 Box 190
3 Huntington Beach, Calif 92648
4 HUNT,INGTON BEACH - ELLIS TRANSISSIgN LINE RIGHT OF WAY /
'" 1, Tax-Exempt-Government Agenry
5 ROAD EASEMENT— " CITY OF HUNTINGTON BEACH
2022 f4vi Paul
C. Jones, City Clerk
71 Deputy City Clerk,
8
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation , here-
9 inafter called "Grantor"'., does hereby' grant to THE CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter called
10
11 "Grantee" , an easement for public road and highway purposes , in,
on, over and across that certain real property in the City of
c, }< 12
q y 13 Huntington Beach , County of Orange , State of California, described
0 14 as follows :
q o
L W _ The South 30 .00 feet of the North 50 .00 feet of
15 the West 180 .00 feet of the East 680 .00", feet of
C° the North half of the Northwest quarterlof the
a-q 16 Southeast quarter of Section 13 , Township 6 South,
d 17 Range 11 West , S ,B .B .&M.
i ' * SUBJECT TO :
K) 18
�^� Covenants , conditions , restrictions , reservations ,
wok 19
20 exceptions , leases , easements and licenses , whether of record or
21 not , including but not limited to the following:
22 1 . A right of way for pipelines and incidental
purposes 10 feet wide as conveyed to Standard
23 Oil Company of California and Standard Gasoline
Company by deed recorded November 18 , 1954 , in
24 Book 2843 , page 46 of Official Records in the
office of the County Recorder of said Orange County .
25 2 , Reservation to Stearns Rancho Company for roads ,
26 railroads and ditches per deed recorded April 5 , 1899 ,
in Book 30 , page 161 of Deeds in the office of the
27 County Recorder of said Orange County ,
28
I� �,7
ORIGI ` A
• • ` 1,0587 P411945
1 This easement grant is made subject to the following
2 terms and conditions :
3 1 . This Easement is granted subject to the right of
4 Grantor to construct , maintain , use , operate , alter , add to ,
5 repair, replace , reconstruct and/or remove in , on, over , under ,
6 through , along and across the above-described real property , elec-
7 tric transmission and distribution lines and telephone lines ,
8 together with supporting structures and appurtenances , for
9 conveying electric energy for light , heat , power and telephone
10 purposes and pipelines and ap
purtenances for the transportation
11 of oil petroleum,, gas , water , or other substances , and conduits
12
for any and all purposes .
13
2 . This Easement shall be exercised so as not to
14
endanger or interfere with the construction , maintenance , use ,
15
operation, presence , repair, replacement , relocation, reconstruc-
16
tion or removal of such electric transmission , distribution or
17
telephone lines , pipelines , or other conduits .
18
3 . Grantee agrees to pay to Grantor, upon demand , any
19
and all costs of relocation and/or construction of such electric
20
transmission, distribution andtelephone lines and supporting
21
structures , pipelines , and conduits which may be or become
22
necessary by reason of the exercise of the rights granted pursuant
23
to this Easement .
24
4 . As a controlling part of the consideration for the
25
execution and delivery of this instrument by Grantor, Grantee
26
covenants to construct and maintain at Grantee 's expense , a portion
27
of Hamilton Avenue to be located on the above-described property .
28
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9 58 7 P�-,a 946
F. lo
1 . 5 . Grantee agrees to hohd7-harmless and indemnify
2 Grantor to the fullest extent to which ,,it ,can legally do so,
3 from and against all claims , liens ,- encumbrances , actions , less ,
4 damage expense and/or liability, arising from- or- growing out
5 of loss of or damage to property, including Grantor 's own
6 property, or injury to, or _death of persons , including employees
7 of Grantor, resulting'in any manner whatsoever , directly or
8 indirectly-, by reason of the exercise of the rights hereby
- 9 granted; -provided, howe.ver,, that this covenant shall not apply
10 in those instances where such -claims , , 1iens , encumbrances ,
11 actions ,- loss , damage, -expense and/or liability are proximately
'12 caused- in whole or in part by any active negligenceyof Grantor .
13 Grantee-further agrees- to hold harmless and- indemnify Grantor, t
; 14 the fullest extent to which it can, legally do. so," from all claims
15, or damage resulting from Grantor' s operation and maintenance of
16 the -various transmission lines 'located on the Easement -Property,
17 including _Grantor 's washing of insulators 'along such Property.
18 6 . Any trees or plants which may grow on the Easement
11
9 Property shall be maintained by Grantee- and shall not exceed a
20 height of 15 feet . Grantor` reserves the right to trim -any such -
21 trees' or plane's "which may,_ in 'the opinion of Grantor , endanger or
22 interfere with the proper operation or maintenance of said
23 electric transmission, distribution and telephone lines , to the
24 extent necessary to prevent any such danger or, interference .
25 7 •� The Easement Property is to be used only for the
26 purposes specified herein and in the- event :-_
27 (a) such Property is not so used ;
28 .
(b)`- such Property shall- be vacated as
,,.r v V ` Y - - � .. 'r Irv` :., ' • �_a_.+w--__ �1 ,_
Rf Gh D8 T PG6r W
1 _ a publicl road; or - --`-T —��
(c)' the' p`roj"ect 'for which this Easement is
3 v
- being granted, is abandoned, -
4 this Easement shall- thereupon, ipso facto , revert to and merge in
5 the- interest of Grantor in- the Easement Property.
6 8 . . As `a controlling part- of the consideration
7 for ,the -execution and delivery of this instrument by Grantor ,
8-- this Easement is accepted upon and subject to -the express
� 9 condition that`,-the improvements for which this Easement is
to given, regardless of -the time performed, and any other work
11 or improvement commenced witriin ,two years from the date of
12 recordirig .of this 'Easement (which improvements and other work
13 or improvement areri-,reinafter ,sometimes collectively called
14 "Improvement" ) "shall be, done,`wl'thout any cost or expense
. 15 whatsoever to ,Grantor , and-- that in the event a special ,
16 , assessment or assessments is or are, levied by an authorized
17 lawful'. body against, the real" property of Grantor., for- the
18 Improvement , Grantee agrees -that �it will reimburse Grantor
19 and it shall, be the binding,-'obligation of -Grantee to reimburse
20 Grantor for the full amount of any and all such_ special
-21 assessment or., .assessments so levied for said Improvement and
22 paid by-
Grantor. -
23 9 'The .two year limitation, contained in paragraph 8
24 above- 'to -the contrary- notwithstanding ' Grantee agrees that it-
25 will reimburse _-Grantor for- the -full amount of any and all. special
26 assessment' or-. assessments levied _for curbs, "driveways ; sidewalks
27 and/or -other improvements which may at any time be-'installed at
28
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PACE 948
S
1 this location, which special assessment or assessments have been
2 paid by Grantor.
3 10 . Grantee agrees that in the exercise of its rights
4 hereunder, its contractors , employees and other agents will main-
5 tain a clearance between any and all equipment operating or placed
6 within the boundaries of the Easement Property of not less than
7 25 feet from any and all structures thereon and no less than
8 15 feet from any and all overhead electric conductors .
9 11 . Grantor shall have full access to its facilities at
10 all times during the existence of the rights granted herein.
11 12 . Upon termination or reversion of the rights herein
12 granted , Grantee shall execute and deliver to Grantor, within 30
13
days after service of a written demand therefor, a good and
14
sufficient quitclaim deed to the rights herein given. Should
15
Grantee fail or refuse to deliver to Grantor a quitclaim deed , as
16
aforesaid, a written notice by Grantor reciting the failure or
17
refusal of Grantee to execute and deliver said quitclaim deed as
18
herein provided and terminating this Easement shall , after 10 days
19
from the date of recordation of said notice , be conclusive evidence
20
against Grantee , and all persons claiming under Grantee , of the
21
termination or reversion of the rights herein given.
22
13 . Upon the termination or reversion of the rights
23
herein granted, Grantee shall at its own risk and expense remove
24
said facilities and restore said premises as nearly as possible to
25
the same state and condition they were in prior to any construc-
26
Lion of said facilities , but if it should fail to do so within
27
60 days after such termination, Grantor may do so at the risk of
28
Grantee , and all cost and expense of such removal and the restora-
-5-
BID 10587 PAaW
1 tion of said premises as aforesaid , together with interest thereon
2 at the rate of ten percent per annum shall be paid by Grantee upon
3 demand.
4 14 . In case of a suit to enforce any terms , covenants
5 or conditions of this Easement , Grantee agrees to pay Grantor in
6 addition to any other recovery or relief to which Grantor may be
7 entitled , a reasonable attorney 's fee to be fixed and allowed by
8 the Court .
9 15 . Any notice provided herein to be given by either
10 party hereto to the other may be served by depositing in the
11 United States Post Office , postage prepaid , a sealed envelope
12 containing a copy of such notice and addressed to such other party
13 at its principal place of business .
14 16 . Grantee hereby recognizes Grantor 's title and
15 interest in and to the Easement Property and agrees never to assail
16 or resist Grantor 's title or interest therein .
17 17 . The rights hereby granted are not necessary or
18 useful in the performance of the duties of Grantor to the public .
19 18 . Grantee agrees to install and construct on the
20 above-described Property , at no expense to Grantor , two commercial
21 type driveway aprons 16 feet wide with curb depressions capable of
22
supporting 40 tons on a three axle truck . The locations for such
23 driveway aprons and associated curb depressions are to be designated
24 by Grantor.
25
19 . Any underground facilities installed within the
26
Easement Property by Grantee shall have a minimum cover of three
27
feet and shall be capable of withstanding a gross load of 40 tons
28
on a three axle truck . It is further agreed that if such facilitie
-6-
�610 058 T PAGE gip►
1 interfere with the construction of additional facilities by
2 Grantor, Grantee shall reimburse Grantor for the difference in
3 cost to construct and maintain Grantor 's proposed facilities so as
4 not to interfere with Grantee ' s facilities , or at the option of
5 Grantor, Grantee shall relocate its facilities at its expense so
6 as not to interfere with Grantor 's proposed facilities .
7 20 . Suitable identification markers shall be installed
8 by Grantee indicating the location and depth of any underground
9 lines and/or pipelines installed by it .
10 21 . Grantee agrees to ground all fencing and metallic
11 structures it installs upon the Easement Property in accordance
12 with the provisions set forth in Exhibit A, Which Exhibit is
13 attached hereto and by this reference is incorporated herein and
14 made a part hereof.
15 22 . The use of the neuter gender herein shall , when
16 appropriate , be construed to mean either the masculine or feminine
17 ender or both. Unless expressly
g p y provided elsewhere , herein to
18 the contrary, the terms , covenants and conditions of this Easement
19 inure to the benefit of and are binding upon the heirs , successors ,
20 representatives and assigns of the g parties hereto .
21 IN WITNESS WHEREOF, Grantor has caused its corporate
22 name and seal to be affixed hereto and this instrument to be
23 executed by the Manager of Right of Way and Land Department and an
24
25
26
27
28
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C --
• • f 910K 1058 7 Pa i 95
i
1 — ---
Assistant Secretary , thereunto duly authorized , this day of
2
1972 .
3
4
SOUTHERN CALIFORNIA EDISON COMPANY
5
6 APPROVED AS TO FORM: "FOP
ROWN E. WOODBUR By
7 We dent & General cn6nsei P . B . Peecook, Manager of Right of
ByWay and Land Department
Ir Asst t Counsel
8 ----•-- t 19__-22-
9 By
10 'Assstant Secretary
11
12 The CITY OF HUNTINGTON BEACH does hereby accept the
13 above and foregoing easement upon and subject to all of the terms ,
14 covenants and conditions therein contained, and does hereby agree
15 to comply with and perform each and all of said terms , covenants;,Idly
16 and conditions .
17 DATED as of this day of , 19�"
18
CITY OF HUNTINGTON BEACH
19
20 RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA By Cu /
21
9 05 AM. MAR 9 1973
(Title) 1 j�,q,gypR
22 J.WYLIE CARLYLE,County Recorder
23 F
B
24
25 (T i t 1 e) — Crff CLERK
26 APPROVED AS TO FORM.-,
DON Ps BONFA
27 City ttorney
t 28 By: _
} C ty Attorney,
i
k Bf Dt' 0587 P,'a 052
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 3/5/73 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 : 3/7/73 CITY OF HUNTINGTON BEACH
Paul. C. Jones
tyCe
By:
'� Deputy .tiClerk
EXHIBIT.'A z
SfL= � 0587P'�Eq�3
i WOOD OR METAL
POST
3
3
v _ 3
2
—T— 4 4 --�
MAKE AS SMALL AS
I`-- POSSIBLE
5 5 5
BILL F MATERIAL
ITEM DESC IP i AT COD
I 38 -TS R V - 10 5
2 11 2 GALV STAPLE 098- 8
TL CLAMP " GALV. CABLE 9 FENCE I 606-00905
4 GRD CABLE CLAMP FOR 3 4" ROD 9 3 8"-7 STR CABLE ANDERSON
ELECTRIC NO. GC-11 -3B OR EQUAL 1 606 E%0!
2
S 4" X "6 5
NOTES- ALL WIRE FENCES ON RIGHTS OF WAYS WHICH ARE OCCUPIED BY LINES OF 220KV OR ABOVE
f' GRAPE WIRS, A SECURELY GROUNDED
HT ESLINES WHER THEY ARE CONSIDERED TO
SUPPORTS
AILS,
I WHERE A FENCE CROSSES THE TRANSMISSION LINE AT AN ANGLE d 600 TO -300 ONE GROUND
E SHOULD BE PLACED ON THE FENCE AT THE CENTER OF THE TRANSMISSION LIME
2 WHERE A FENCE CROSSES THE TRANSMISSION LINE AT AN ANGLE OF 300 TO 600 A GROUND
SHOULD BE PLACED ON THE FENCE ON EACH SIDE OF THE TRANSMISSION LINE 'WHERE
THE FENCE ENTERS AND LEAVES OUR RIGHT OF WAY
3 WHERE THE FENCE PARALLELS THE TRANSMSSION LINE WITHIN THE RIGHT OF WAY OR
a CROSSES AT AN ANGLE OF LESS THAN 300 A GROUND SHOULD BE PLACED ON EACH
ONE- HALF MILE OF FENCE OR WHERE THE FENCE ENTERS AND LEAVES OUR RIGHT
OF WAY WITH NO LESS THAN TWO GROUNDS PROVIDED
4 EACH SIDE OF GATES OR OTHER DISCONTINUITIES IN THE FENCE SHALT. BE CONSIDERED
AS CREATING A SEPARATE FENCE AND SHALL BE GROUNDED SEPARATELY IN ACCORDANCE
WITH PARAGRAPHS 1, 2, AND 3, ABOVE
TRANSMISSION DIVISION ORDER NO. 213
Location SYSTEM
METHOD OF GROUNDING
WIRE FENCES
No. Revisions o (@TEAR 220 a 500 KV LINES
y COPE
Approred O.K. IO.K. Ck'd. Made .O.No. Date Southern California Edison
FGMiSI ENG 67 MICHAEL'S MICO-TRACE 003M23 `'vim I��e� redr4 v�q a2 it p eye s�d 4 7 8 6
App►aved O.K. 0 K. I Ck'd. Made Approved O.K. 0.6C. Ck'd. Made Approved O.K. O.K. I Ck'd. Made f
�rcr 10587 P41,E954
• ' � IIIINItIl II 11�1111111iI1111111111111111111111iI111111111I11111U1U1111NUIl1UilU1NU71UUN11Ul�
OFFICIAL SEAL
m MARY L MANNION
t NOTARY PUBLIC-CALIFORNIA
1 STATE OF CALIFORNIA ) = PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
2 COUNTY OF LOS ANGELES ) s s. L—My Commission Expires Octber L%195
3 On this 18th day of January 19 73 ,
4 before me, a Notary Public in and for said State, personally
5 appeared P. B. Peecook, known to me to be the Manager of Right of
6 Way and Land Department, and R. D. Gorman , known to
7 me to be an Assistant Secretary of SOUTHERN CALIFORNIA EDISON
8 COMPANY, the corporation that executed the within instrument,
9 known to me to be the persons who executed the within instrument
10 on behalf of the corporation herein named, and acknowledged to me
11 that such corporation executed the same, pursuant to its by-laws
12 or a resolution of its board of directors .
13 WITNESS my hand and official seal.
14
15 STATE OF CALIFORNIA ) Nota Pu is in a for said County
and State
ss .
16 COUNTY OF )
17 On this �� day of , 19
18 before me, the undersigned, a Notary Public in and for said
19 County and State, personally appeared
20 known to me to be , and
21 �� � , known to me to be
i
22 of that executed the
23 within instrument on behal of said
24 therein named, and acknowledged to me that such
25 duly executed the same.
26 WITNESS my hand and official seal.
aaeeocmeaasao7aommm°aoamemm®laoazma®mam®0mr3o
27
4 OFFICIAL SEAL p
■ y FLOYD G. BELSITO Notary P lic in and for said County
28 "ID r+�� NOTARY PUBIIC _ �,Al Ir Ulf fvlA
and State
PRINCIPAL OFFICE IN to
n
ORANGE COUNTY °
My COmmiss on Expires Mar 10, ea
®°■oma7aammemmeomammr3emm®mmeoA1
9
7
4
®o®d�
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N 1058 7 955
PURrI01V GF NlN-d' •SE .4
SEC.
77 <o 4 4-/
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C _ J Z.4AIOS O,.= SO CAL EO Co
Gam, Road �/�v, 3o ref wide,
fo Cl aF f�unf�n y�`on Bach
J O M S 90
THIS PRINT IS FOR INFORMATIONAL PURPOSES ONLY 41,61A0--1N6r0N BEACFI- r1L. f Av
AND SHOULD NOT BE MADE APART OF ANY INSTRUMENT. MAP S"oIViMG Loco rroAl CW ROAO .1 W
72n ci ry o� NU417'1"a 7V"
OVER LANDS OF sW CAL E,D/SON CO
C.fy of h/unfir��on �ac�i, Or-pnye Co
SER. 464394 SOUTHERN CALIFORNIA EDISON CO
FORM RW 46 3M 2 67
Ny�E
STATE T OF THE ACTION OF CITY COUNC# Box 10587 956
Council Chamber, City Hall
Huntington Beach, California
Monday, March 5, 1973
_Mayor Coen called the regular meeting of the
City Council of the City of Huntington Beach to order at 7:00 P.M.
Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Coen
Green - arrived at 9:05 P.M. - Duke - arrive at P.M.
Councilmen Absent: None
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Gibbs, the following items were approved as recommended by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Green
ROAD EASEMENT - SOUTHERN CALIFORNIA EDISON CO. - APPROVED
Southern California Edison Company for street improvements on the south side of Hamilton
Avenue,, east of Newland Street; authorized the Mayor and City Clerk to execute same on
behalf of the City and authorized the Finance Director to draw a warrant in the amount
of $200 in favor of Southern California Edison Company for engineering and processing
fees.
On motion by Green the regular meeting of the
City Council of the City of Huntington Beach adjourned at 11:04 P.M.
to at in the
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matriey, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PaU C_ ..Ton s
City Clerk and ex-officio C1'erk
of the City Council of the City
of Huntington Beach, California
ATTEST: By Ernestina Di Fabio
Assistant City Clerk
Paul C. Jones Alvin M. Coen
City Clerk Mayor
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 5th day of March , 1973.
WITNESS my hand and seal of the said City of Huntington Beach this the 7th day of
March , 19 73 .
` Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY:
Deputy