HomeMy WebLinkAbout1973-01-17 - Easement SO CALIF EDISON CO RECORDING
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CITY OF HUNTINGTON BEAN �tC PL GE
z Office of the City Clerk
2 P. 0. Box 190 FREE RECORDED IN OFFICIAL.RECORDS
Huntington Beach, Calif. 92648 Ci2 OF ORANGE COUNTY,CALIFORNIA
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9:05 A.M. JAN 22 1973
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J.WdYLIE CARLYLE,Com`y€,eccroer
Tax-Exempt-GoverrtmW AWW
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6 CITE' OF H1J1VM
Paul C1. JoneN Cftwyl Qef
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By:. ...........
8 De#p�ty �%t Cleds Location: City of Huntington Beach
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ROAD EASEMENT
12 � 1 ` SOUTHERN CALIFORNIA EDISON COMPANY, a California
13 corporation, hereinafter called "Grantor" , does hereby grant to
14 CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter
15 called "Grantee" , an easement for road purposes in, on, over,
16 along, and across that certain real property in the County of
17 Orange, State of California, described as follows
18 Parcel 1:
lg The South 50+ 00 feet of the Southeast quarter of
the Northeast quarter and the South 50+ 00 feet of the
20 East 680. 00 feet; of the Southwest quarter of the North-
I`_ east quarter of Section 13 , Township 6 South,
21 Range 11 West, S.B. B. & M. ,
22 Parcel 2:
l 23 The East 50+ 00 feet of the North 180. 00 feet of
the South 230. 00 feet of the Northeast quarter of
24 Section 13 , Township 6 South, Range 11 West, S.B.B. & M. ,
25 Parcel 3 :
26 That portion of the Northeast quarter of
Section 13, Township 6 ;South, Range 11 West, S.B.B. & M. ,
27 lying southeasterly of a curve concave to the Northwest,
having a radius of 32. 00 feet, being tangent on the
28 East to the West line of the hereinabove described
ORIGINAL,
1 Parcel 2 and being tangent on the South to the North w
line of the hereinabove described Parcel 1,
2 C7
Parcel 4 : N
3 W
The South 50. 00 feet of the Southwest quarter of
4 the Northwest quarter and the South 50. 00 feet of the
West 180. 00 feet of the Southeast quarter of the North
5 west quarter of Section 18 , Township 6 South, Fy
Range 10 West, S.B.B. & M. ,
6
Parcel 5:
7
The West 50 . 00 feet of the North 180. 00 feet of
8 the South 230. 00 feet of the Northwest quarter of
Section 183 Township 6 South, Range' 10 West, S.B.B. & M. ,
9
Parcel 6:
10
That portion ,of the Northwest quarter of
11 Section 18 , Township 6 South, Range 10 West , S .B.B. & M. ,
lying southwesterly of a curve concave to the Northeast,
12 having a radius of 32. 00 feet, being tangent on the
West to the East line of the hereinabove described
13 Parcel 5 and being tangent on the South to the North
line of the hereinabove described Parcel 4.
14
15 SUBJECT TO:
16 Covenants, conditions , restrictions , reservations ,
exceptions , rights , easements and licenses , affecting
17 said above-described real property, whether of record
or not, including, but not limited to, the following:
1$
SUBJECT TO;
19
1. An easement to the Orange County Flood Control
20 District for flood control purposes recorded December 2,
1957, in Book 4129 , page 234 of Official Records , in
21 the office of the County Recorder of said County. }
22 2. A reservation for roads, railroads and ditches i
over the East 30 feet of said Section 13, and the West
23 30 feet of said Section 18 , as reserved in that certain
deed from Stearns Rancho Company recorded April 5, 1899 ,
24 in Book 30, page 161 of Deeds , in the office of said
25 County Recorder.
26 3. A license to General Telephone Company of
California for one pole and two anchors dated March 1,
1967 .
27
28 The foregoing grant is made subject to the following
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1 terms and conditions : 0
2 1. The Easement is granted subject to the right of W
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3 said Grantor, its successors and assigns , to construct, maintain,
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4 use, operate, alter, add to, repair, replace, reconstruct and/or
5 remove in, on, over, under, through, along and across the above-
6 described real property, electric transmission and distribution
7 lines and telephone lines , together with supporting structures
8 and appurtenances , for conveying electric energy for light, heat,
9 power and telephone purposes , and pipelines and appurtenances for
10 the transportation of oil, petroleum, gas, water, or other
11 substances , and conduits for any and all purposes .
12 2. The Easement shall be exercised so as not to
13 interfere with the construction, maintenance, use, operation,
14 presence, repair, replacement , relocation, reconstruction or
15 removal of such electric transmission, distribution or telephone
_ 16 lines, pipelines, or other conduits . Grantor shall have adequate
17 access to all of its facilities within the above-described
18 Easement .
19
3. Grantee agrees to pay to Grantor, upon demand,
20 any and all costs of relocation and/or construction of such
21 electric transmission, distribution and telephone lines and
22 supporting structures , pipelines, and conduits which may be or
23 become necessary by reason of the exercise of the rights granted
24 pursuant to the Easement .
25 4 . Grantee agrees to hold harmless and indemnify
26 Grantor, to the fullest extent to which it can legally do so,
27 from and against all claims, liens , encumbrances, actions, loss,
28 damage, expense and/or liability arising from or growing out of
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1 loss of or damage to property , including Grantor' s own property , fV
2 or injury to or death of persons , resulting in any manner whatso- Cv
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3 ever, directly or indirectly, by reason of the exercise of the
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4 rights hereby granted. To the fullest extent to which it can
5 legally do so, Grantee agrees to hold harmless and indemnify
6 Grantor from any and all claims or damage resulting from Grantor' s
7 operation and maintenance of various transmission lines located on
8 said Easement, including Grantor' s washing of insulators along said
9 Easement.
10 5. Grantor shall not erect or place at any future time
11 any of its facilities so as to interfere with the rights of
12 Grantee created by the Easement. Grantee agrees that in the
13 exercise of its rights hereunder, its contractors , employees, and
14 other agents will maintain within said Easement a minimum cover of
15 three (3) feet to avoid interference with future underground high
16 voltage transmission lines and pipelines of Grantor. Grantee
17 further agrees that in the event said facilities interfere with the
18 construction of additional facilities of Grantor, Grantee will
19 reimburse Grantor for the difference in cost to construct and main-
20 tain its facilities so as not to interfere with Grantor' s proposed
21 facilities , or at the option of the Grantor, Grantee will relocate
22 its facilities at its expense so as not to interfere with Grantor's
23 proposed facilities .
24 6. Grantee agrees to maintain any and all plants, shrubs
25 and trees within said above-described Easement; Grantee further
26 agrees to maintain said plants , shrubs and trees so that said
27 plants , shrubs and trees shall not exceed a height of fifteen '(15)
28 feet. Grantor reserves for itself, its successors and assigns ,
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1 the right to trim any tree or trees which may grow in or on the
2 Easement Property and which, in the opinion of Grantor, endanger N
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3 or interfere with the proper operation or maintenance of said m
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4 electric transmission, distribution and telephone lines , to the Ln
5 extent necessary to prevent any such interference or danger.
6 7. The Easement Property is to be used only for the
7 purposes specified herein and in the event :
8 (a) said Property is not so used, or
9 (b ) said Property shall be vacated as
10 a public road, or
11 (c ) the project for which this Easement
12 is being granted is abandoned,
13 the Easement shall thereupon, ipso facto, revert to and merge in
14 the interest of Grantor in the Easement Property.
15 8 . As a controlling part of the consideration for the
16 execution and delivery of this instrument by Grantor, the Easement
17 is accepted upon and subject to the express condition that the
18 municipal improvement for which the Easement is given, regardless
19 of the time performed, and any other work or improvement commenced
20 within two ( 2) years from the date of recording of this Easement
21 (which municipal improvement and other work or improvement are
22 hereinafter sometimes collectively called "Improvement") shall be
23 done without any cost or expense whatsoever to Grantor, and that in
24 the event a special assessment or assessments is or are levied by
25 an authorized lawful body against the real property of Grantor for
26 the Improvement, Grantee agrees that it will reimburse Grantor and
27 it shall be the binding obligation of the Grantee to reimburse
28 Grantor for the full amount of any and all such special assessment
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1 or assessments so levied for said Improvement and paid by Grantor. CD
2 9 . The two-year limitation contained in paragraph 8 N
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3 above to the contrary notwithstanding, Grantee agrees that it
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4 will reimburse Grantor for the full amount of any and allspecial
5 assessment or assessments levied for curbs and/or sidewalks which
g may at any time be installed at this location, which special
7 assessment or assessments have been paid by, Grantor, its
8 successors or assigns.
9 10. Grantee agrees that should it be necessary in the
10 exercise of its rights hereunder to install driveways , that such
11 driveways shall be sixteen (16) feet wide with curbs capable of
12 supporting forty (40) tons of three-axle trucks at locations
13 specified by Grantor within the boundaries of the Easement
14 Property.
15 11. Grantee agrees that in the exercise of its rights
16 hereunder, its contractors, employees and other agents will main
17 tain a clearance between any and all equipment operating or placed
18 within the boundaries of the Easement Property of not less than
19 twenty-five ( 25) feet from any and all structures thereon and not
20 less than fifteen (15) feet from any and all overhead electric
21 conductors .
22 12. Grantee agrees that it will water down the construe-
23 tion area as often as necessary to prevent the dust contamination
24 of the insulators of Grantor located on or adjacent to the Easement
25 Property.
26 13. Upon termination or reversion of the rights herein
27 granted, Grantee shall execute and deliver to Grantor, within
28 thirty (30) days after service of a written demand therefor, a
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1 good and sufficient quitclaim deed to the rights herein given. W
2 Should Grantee fail or refuse to deliver to Grantor a quitclaim
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3 ` deed, as aforesaid, a written notice by Grantor reciting the
4 failure or refusal of Grantee to execute and deliver said quitclaim
5 deed as herein provided and terminating this Easement shall, after
6 ten (10) days from the date of recordation of said notice, be
7 conclusive evidence against Grantee and all persons claiming under
8 Grantee of the termination or reversion of the rights herein
9 given.
10 14. Upon the termination or reversion of the rights
11 herein granted, Grantee shall at its own risk and expense remove
12 said facilities and restore said premises as nearly as possible
13 to the same state and condition they were in prior to any con
14 struction of said facilities , but if it should fail to do so within
15 sixty (60) days after such termination, Grantor may do so at the
16 risk of Grantee, and all cost and expense of such removal and the
17 restoration of said premises as aforesaid, together with interest
18 thereon at the rate of ten percent (10%) per annum, shall be paid
19 by Grantee upon demand.
20 15. In case of a suit to enforce any terms , covenants
21 or conditions of this Easement, Grantee agrees to pay Grantor in
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22 addition thereto a reasonable attorney' s fee to be fixed and
23 allowed by the Court .
24 16. Any notice provided herein to be given by either
25 party hereto to the other may be served by depositing in the
26 United States Post Office, postage prepaid, a sealed envelope
27 containing a copy of such notice and addressed to said other party
28 at its principal place of business .
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1 17 . Grantee hereby recognizes Grantor' s title and r1Q
2 interest in and to the Easement Property and agrees never to
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3 assail or resist Grantor' s title or interest therein.
4 18 . The rights hereby granted are subject to covenants,
5 conditions, restrictions , reservations, exceptions , encumbrances,
g rights , easements, leases and licenses, whether of record or not,
7 affecting the Easement Property, including, but not limited to,
8 those herein referred to.
9 19. The rights hereby granted are not necessary or
10 useful in the performance of the duties of Grantor to the public .
11 20. The use of the neuter gender herein will, when
12 appropriate, be construed to mean either the masculine or feminine
13 gender or both. Unless expressly provided elsewhere herein to the
14 contrary, the terms , covenants and conditions of this Easement
15 shall inure to the benefit of and be binding upon the successors,
16 representatives and assigns of the parties hereto.
17 IN WITNESS WHEREOF, said Grantor has caused its corporate
18 name and seal to be affixed hereto and this instrument to be
19 executed by the Manager of Right of Way and Land Department and
20 an Assistant Secretary, thereunto duly authorized, this day
21 of 1972 1
22
23 SOUTHERN CALIFORNIA EDISON C 1P
24 NY
APPROVED AS TO FORM' By
25 ROLLIN E WOODBURY P. B. Peecook, Manager of Right
& "�l of Way and Land De rtment
26 By
WSW-counsel
By
27 Assistant, Secretary
28
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1 The CITY OF HUNTINGTON BEACH does hereby accept the C-n
2 above and foregoing Road Easement upon and subject to all of the
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3 terms , covenants and conditions therein contained and does hereby
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4 agree to comply with and perform each and all of said terms,
5 covenants and conditions.
T
6 DATED this Z 7 day of AA 194.
7
g CITY OF HUNTINGTON BEACH
9 APPROVED AS TO FORSk
DON P. B NFA By
10 City At rney MAYOR'
11
p u y Attorao7G By
12 Dep Clyv C r . 'X
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> FFICIAL SEAL €€
MARY L. MANNION
' NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
1 STATE OF CALIFORNIA ) My Commission Expires October 19, 1975 =
s s. �uuwuwwwwuumunummmuuimwupiuumunmmnemueiwunuwuuwwu� —
2 COUNTY OF LOS ANGELESCZD
3 On this 8th day of November 19 72
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 J. C. Bobek 3 known to Q
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 lc in a for said County
and State
ss .
16 COUNTY OF e� )
17 On this day of 193,
18 before me, the undersigned, a Notary Public in and for said
19 County and State, personally appeared ,
20 known to me to be '14_ , and
21 , known to m t o 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 officia seal .
27 t Diu. I. SEAL
E�'� -ST:i,1A DiFABIO otary ub is in nd or said County
28 (--",)My
NOTARYPUBLIC-CALIFORNIA and State
CRANGE COUNTY
Commission Expires June 25,1973
n I P. 0. Box 130, H—un,"InZon. Beach, Calif. 92648
v
ORIGINAL
scoff 10523 Pw 9 l 1.
44 #M 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 l/17/73 from SOUTHERN CALIFORNIA 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: 1/18/73 CITY OF HUNTINGTON BEACH
Paul' C. Jones
My Clerk
By: ryz,5�� Ll
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STATEMENT OF THE ACTION OF CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Mayor Coen called the regular meeting of the T
City Council of the City of Huntington Beach to order at 7:00 P.M. CD
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Councilmen Present: Sh,pl,-y, Bartlett- Gibbs Green Matney, Duke, Coen L
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Councilmen Absent: None Ct�
shlcxxx;tix'�e�eX:�:'ex*�'ek4t''.e�ex'4ex�'e�'e:Fs'c�4x�e'xx���e�xx�ex�'e�'ex�e�'ex:e�Y�'c'x�'e�e:'e*�e:e9c'�'e�exie'xx'�k9t�9e ----
CONSENT CALENDAR - (ITEMS APPROVED) -�
On motion by Green, the following items were approved as recommended by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ROAD EASEMENT - SO. CALIF. EDISON CO. - STREET IMPROVEMENTS - Approved a road easement
from Southern California Edison Company for street improvements on the north side of
Hamilton Avenue, east and west of Magnolia Street and on both sides of Magnolia Street
north of Hamilton Avenue; authorized the Mayor and City ClerktD execute same on behalf
of the City and authorized the Finance Directorto draw a warrant in the amount of $200
in favor of Southern California Edison Company for engineering and processing fees.
On motion by Shipley the regular meeting of the
City Council of the City of Huntington Beach adjourned at _ 12.40 A.M.
toMhaday.;Tanuary 2 1, 973at 5:00 P.M. in the Col,nc_;_1 Chamber.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:__None
ABSENT: Councilmen:-None
Paul C- Jongs
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
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 15th day of January , 1973,
WITNESS my hand and seal of the said City of Huntington Beach this' the 16th day of
Taniiary , 19 73
A 1 yi n M ('.onn
City Clerk and ex-officio Clerk
of the City Council of the City
of Hunting-ton Beach, California
BY:
Deputy
STA m-ACLI.On or CITY COUNCAS
Council Chamber, City Hall
Huntington Beach, California
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_ $artlett, Gibbs. Qreen. Matney, Duke, Coen
Councilmen Absent None
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CONSENT CALENDAR (ITEMS APPROVED)
:,
On motion by Green, the following items were approved as recommended by the following
-roll call vote: ;
AYES: Councilmen: Shipley, Bartlett,- Gibbs, Green, Matney, Duke, Coen
NOES Councilmen: None
ABSENT: Councilmen: None
ROAD EASEMENT SO, CALIF. EDISON CO._ - STREET IMPROVEMENTS —Approved a road easement
from 'Southern California Edison Company for street improvements on the north side of
Hamilton Avenue, east and west of Magnolia Street and on both sides of Magnolia Street
north of Hamilton Avenue; authorized the Mayor and City Clerk ID execute same on behalf
of the City and authorized the Finance Directorto draw a warrant in the amount of $200
in favor of Southern California Edison Company for engineering and processing fees. «
1t�k�k�r*�r�Yit�k�ir7lydt*ic�r*�rkakyk*�Ic�fnk9c�Y*�t*ie�ir*�rk�k�k*�'c�Y9kk�k�t�k��kk�rk�k�rkdc�ksk�k*�k�k��c r
On motion by Shipley the regular meeting of the
City Council of the City of Huntington Beach adjourned at 12.4Q A.M.
to 'honday ►) t 5:00 P.M. in the CpUac t Chamber
The motion was" pa ' ed by the following vote:
AYES: Councilmen: Shj21&Q, Bartlett. Gibbs, Green, Matne p Duke, Coen
NOES: Councilmen: Nnne
ABSENT: Councilmen: _None
Paul C_ janas
City Clerk and ex-officio Clerk
of the City Council of the City
-
of Huntington Beach, California
ATTEST
Paul Jones Alvim-M. Caen
City Clerk Mayor
STATE OF CALIFORNIA }
County of Orange `'- } as:
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 15th day of January , 1973
WITNESS my hand and seal of the said City of Huntington Beach this the 16th day of
1 miarg 19 73
0lyin M_ rnPn
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy