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HomeMy WebLinkAbout1973-12-11 - Easement SOTHERN CALIFORNIA EDITION COMPANIE ..`; WHEN RECORDED MOTO: RE SCO,? NQ 9 189 1* 1 024?0 501 a QUFSTfp CITY OF HUNTINGTON BEACH ey - 1 l^REE Office of the City Clerk G8 Location City of 2 P. O. Box 190 Huntington Beach Huntington Beach, Calif. 92648 4 HUNTINGTON BEACH - ELLIS TRANSMISSION LINE RIGHT OF ',WAY 5 ROAD EASEMENT 6 - 7 SOUTHERN CALIFORNIA EDISON COMPANY, a California 8 corporation, hereinafter called "Grantor" , does hereby grant 9 to THE CITY OF HUNTINGTON- BEACH, a political subdivision of yw 10 the State of California, hereinafter called "Grantee" , an ate, j P V � 11 easement for road and public utility purposes in, on, under, over u m� o ce.8 12 along and across that certain real property in The City of 0 !wAc 13 Huntington Beach, County of Orange, Stave of California, P 14 described as follows w ' O n. a 0°`� 15 The easterly; 20 feet of the westerly 30 feet � a_ .q of the southerly 180 feet of Lot A, Tract- No. 744 16 as per map recorded in Book 23; page 43 of Miscellaneous Maps in the office of :the County 1 17 Recorder of said County . c z 18 SUBJECT TO 19 Covenants , conditions , restrictions , reservations , exceptions ; rights , ' lease-s , easements and licenses , 20 whether of record or not 21 This Easement grant is made subject to the following 22 terms and conditions : a � 23 ® U 0 0 a' 24 1 . This Easement is granted subject to the right of -3 + Zu q - �, 25 Grantor to construct , maintain, use, operate, alter, , add to, 0 26 repair, replace, reconstruct and/or remove in, on, over, �7 d) r r7 under, through, along and across the above-described real �J28 property, electric transmission and distribution lines and • 0 n � H —P a o pl rk A., PILIGINAL i f eK I024PO 502 1 telephone lines , together with supporting structures and 2 appurtenances , for conveying electric energy for light , heat, 3 power and telephone purposes , and pipelines and appurtenances 4 for the transportation of oil, petroleum, gas , water , or other 5 substances , and conduits for any and all purposes . 6 2 This Easement shall be exercised so as not to 7 endanger or interfere with the construction, maintenance, use, 8 operation, presence , repair, replacement, relocation, 9 reconstruction or removal of such electric transmission, 10 distribution or telephone lines , pipelines , or other conduits . 11 3 , Grantee agrees to pay to Grantor, upon demand, 12 any and all costs of relocation and/or construction of such 13 electric transmission, distribution and telephone lines and 14 supporting structures , pipelines, and. conduits which may be or 15 become necessary by reason of the exercise of the rights granted 16 pursuant to this Easement . 17 4 . As a controlling part of the consideration for 18 the execution and delivery of this instrument by Grantor, Grantee 19 covenants to construct and maintain at Grantee ' s expense, a 20 portion of Brookhurst Street to be located on the above-described 21 property . 22 5 . Grantee agrees to hold harmless and indemnify 23 Grantor to the fullest extent to which it can legally do so, from 24 and against all claims , liens , encumbrances, actions , loss , 25 damage , expense and/or liability, arising from or growing out 26 of loss of or damage to property, including Grantor ' s own 27 property, or injury to or death of persons, including employees 28 of Grantor, resulting in any manner whatsoever, directly or -2- r "oil 1 1424M 503 1 indirectly, by ,reason of the exercise of the rights hereby 2 granted; provided, however., that this covenant shall not apply in 3 those instances where such claims, liens, encumbrances, acti.ons., 4 loss, damage, expense and/or liability are proximately caused 5 in whole or in part by any active negligence of Grantor. Grantee 6 further agrees to hold harmless and indemnify Grantor, to the 7 fullest extent to which it can legally do ao, from all claims or 8 damage resulting from Grantor 's operation and maintenance of 9 the various transmission lines located on the Easement Property, 10 including Grantor 's washing of insulators along such- Property . 11 6. Any trees or plants which may grow on the Easement 12 Property shall be 'maintained by Grantee and shall not exceed a 13 height of '15 Feet.. Grantor- reserves the right to trim any such 14 trees,-- or plants which may, in the opinion of Grantor, endanger 15 or interfere with the proper operation or maintenance of said 16 electric transmission, Idistribution and telephone lines, to the 17 extent necessary to prevent any such danger or interference . 18 7 The Easement Property is to be used only for the 19 pur.poses , specified herein and in the event ; 20 (a) such Property is not so used; 21 {b) such Property shall be vacated as a road; or 22 (c) the project for which this Easement is 23 being granted is abandoned, 24 this Easement shall thereupon, 'ipso facto, revert to, and merge 25 in the interest of Grantor in the Easement Property. 26 8. As a controlling part of the consideration for 27 the execution and delivery of this instrument by Grantor, this 28 Easement is accepted upon and subject to the express condition -3- r • i 11024PS 504 1 that the improvements for which this Easement is given, 2 regardless of the time performed, and any other work or improve 3 ment commenced within two years from the date of recording of 4 this Easement (which improvements and other workor improvement 5 are hereinafter sometimes collectively called "Improvement") 6 shall be done without any cost or expense whatsoever to Grantor, 7 and that in the event a special assessment or assessments is or 8 are levied by an authorized lawful body against the real property 9 of Grantor, for the Improvement , Grantee agrees that it will 10 reimburse Grantor and it shall be the binding obligation of 11 Grantee to reimburse Grantor for the full amount of any and all 12 such special assessment or assessments so- levied for said 13 Improvement and paid try Grantor . 14 9 . The two year limitation contained in paragraph 8 15 above to the contrary notwithstanding, Grantee agrees that it 16 will reimburse Grantor for the full amount of any and all special 17 assessment or assessments levied for curbs; driveways , sidewalks 18 and/or other improvements which may at any time be installed at 19 this location, which special assessment -or assessments have been 20 paid by Grantor. 21 10 .. Grantee agrees to construct all sidewalks , curbs 22 and/or gutters to be associated with Brookhurst Street at the 23 same time the street improvements for which this Easement is 24 granted are installed, all at no cost to Grantor. Such construe- 25 Lion shall include commercial type driveways 16 feet wide with 26 curb depressions capable of supporting 40 tons on a three-axle -27 truck at locations to be specified by Grantor. 28 11 . Grantee agrees that in the exercise of its rights -4- z., e i 1024Rt 505 1 hereunder, its contractors, employees and other agents will main 2 fain a clearance between any and all equipment operating or place 3 within the boundaries of the `Easement Property of not less than 4 25 feet from any and all structures thereon and no less than 5 15 feet from any and all overhead electric conductors 6 12 . Grantor shall have full access to. its facilities at all times during the existence _of the rights granted herein.. 8 13 Upon termination or reversion of the rights herein 9 granted, Grantee shall execute and deliver to Grantor, within 10 th irty days ty ay after service of a written demand therefor , a good . 11 and sufficient quitclaim deed to the rights herein given.. Should 12 Grantee fail or refuse to deliver to Grantor a quitclaim deed as 13 aforesaid, a written notice by Grantor reciting the failure or I 14 refusal of Grantee to execute and deliver said quitclaim ,deed as 15 herein provided and terminating this Easement shall, after ten 16 days from the date of recordation of said notice, be conclusive 17 evidence against Grantee, and all persons claiming finder Grantee,. 18 of the termination or reversion of the rights herein given. 19 14 . Upon the termination or reversion of the rights 20 herein granted, Grantee shall at its own risk and expense remove 21 said facilities and restore said premises as nearly as possible t 22 the same state and condition they were in prior to any construc- 23 tion of said facilities , but if it should fail to do so within 24 sixty days after such termination, Grantor may do so at the risk 25 of Grantee, and all cost and expense of such: removal and the 26 restoration of said premises as aforesaid, together with interest 27 thereon at the rate of ten percent (10%) per annum shall be paid 28 by Grantee upon demand . -5- w I 1024n 5 1 15 . In case of a suit to enforce any terms, covenants 2 or conditions of this Easement , Grantee agrees to pay Grantor in 3 addition to any other recovery or relief to which Grantor may be 4 entitled, a reasonable attorney's fee to be fixed and allowed by 5 the Court , 6 16 . Any notice provided herein to be given by either 7 party hereto to the other may be served by depositing in th-e 8 United States Post Office, postage prepaid, a sealed envelope 9 containing a copy of such notice and addressed to such other, part 10 at its principal place of business . 11 17 . Grantee her.eby_.recognizes Grantor' s title and 12 interest in and to the Easement Property and agrees neverto 13 assail or resist Grantor's title or interest therein. 14 18 . Any underground facilities installed within the 15 Easement Property by Grantee shall have a minimum cover of three 16 feet and shall be capable of withstanding a gross load of 40 .tons 17 on a three-axle truck. It is further agreed that if such 18 facilities interfere with the construction of additional 19 facilities by Grantor, Grantee shall reimburse Grantor for the 20 difference in cost to construct and maintain Grantor 's_ proposed 21 ' facilities so as not to interfere with Grantee's facilities , or 22 at the option of Grantor, Grantee shall relocate its facilities 23 at its expense so as not to interfere with Grantor 's proposed 24 " -facilities 25 19 . Suitable identification markers shall be installed 26 by Grantee indicating the location and depth of any underground 27' lines and/or pipelines installed by it 28 20 . Any earth disturbed by Grantee within the -6- KI 1024M 1 boundaries of th.e Easement shall be replaced by Grantee at a 2 relative compaction density of ninety percent (90%) 3 21. Grantee agrees that it will water down the constru - 4 tion area as often as necessary to prevent the dust contamination 5 of Grantor 's facilities located on, near or adjacent to the 6 Easement Property. 7 22 The use of the neuter gender herein shall, when 8 appropriate , be construed to mean either the masculine or 9 feminine gender or both. Unless expressly provided elsewhere, 10 herein to the contrary, 'she terms, covenants and conditions of 11 this Easement inure to the benefit of and are binding upon the 12 heirs , successors ,' .representatives , and assigns of the parties 13 hereto. 14 23 . It is- 'expressly understood and agreed that this 15 Easement is granted pursuant to the authority of and upon and 16 subject` to the conditions prescribed by General Order No . 69-B 17 of the Public Utilities Commission of the State of California 18 dated and effective September 10 , 1963 which by this reference 19 is incorporated herein and made a part hereof. 20 IN WITNESS WHEREOF, Grantor has caused its corporate 21 name and seal to be affixed hereto and this instrument to be 22 23 ll 24. l/ 25 j1 26 27 28 -7- _ r z ` Off 1024H 508 r 1 executed by the Manager of Right of Way and Land Department and 2 an Assistant Secretary, thereunto duly authorized, this 3 day of 19 13. 4 5 SOUTHERN CALIFORNIA EDISON COMPANY 6 r APPROVED AS TO PORE : RI L-M E. WOODBURY ,�.3 ent & Gene Counsel By #� P. B. Peecook, Manager of Right 8 !Distant Counsel of Way and Land Department 10 By - eL assistant Secretary 11 The CITY; OF HUNTINGTON:BEACH does hereby accept the 12 above and foregoing easement upon and -subject- to ail ;of the 13 terms , covenants and conditions therein contained, and does 14 hereby agree to comply with and perform each and all of said 15 terms, covenants and conditions. 16 7Z DATED as of this day of , 192 . 17 18 CITY OF HUNTINGTON BEACH 19 20 By ' 21 (Ti l e) MAYO 22 23 By 24 (Title) CITY CLERK 25 APPROV& AS TO FORM: DON P. BONFA 26 Cityr', t® eY 27 By 28 Deputy City AttornW r8_ 1 • _'ZG eIt I I 024Pc 5I0 P. '"' �tuiuuwxmmwuwi4uwnuuuwmumiuwuiuwnnnuummmuulmmmunxwnuq OFFICIAL SEAL MARY L. MANNION NOTARY PUBLIC CALIFORNIA 1 STATE OF CALIFORNIA ) _ pR1NGiPAL OFFICE IN LE COUNTY ANECSS. " 2 COUNTY OF LOS ANGELES ) M,y CW�mmNssi�xExPlres °bN 9rxp975 3 On this Qrt day of __ Ad. 19 733 4 before me, a Notary Public in and for said State, personally 51 appeared P. B. Peecook, known to me to be the Manager of Right of 6 Way and Land Department, and 9. a. BOBEK , known to 7 me to be an Assistant Secretary of SOUTHERN CALIF+ORNIA EDISON it 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 1! 1 Nota Pub ic'" in and -Lor said County 15 STATE OF CALIFORNIA ) and State s s 16 COUNTY OF O/ OAI Q L ) 17 On this day of . 19 733 18 before me, the undersigned, a Notary Public in and for said 19 County and State, personally appeared J , 20 known to me to be E�dAYOR , andr! CITY CLERK 21 known t o me t o b e I I I 22 of T that executed the 23 within instrument on behalf of said / ac4 24 therein named, and acknowledged to me that su h5�.+/$ 25 duly executed the same. 26 WITNESS my hand and official seal. ''`' ✓ `/� r` j^ 7 27 �♦♦♦♦♦♦♦♦♦♦♦♦®♦♦♦s♦e♦♦♦®♦o♦♦♦� �TZ( Cf� �� OFFICIAL SEAL ♦ ' n and for sa Countyt • � a� s No' ar Public 1 1 J • %i CC�,t+ E A. 11,ROCKWAY ♦ y and. State 28 ` "� � � NOTARY PUBLIC-CALIFORNIA ♦ c � t'' ♦ �-tN"ara.� PF:iIVCIPAL OFFICE II+1 * s O'2"NV COUI)TY e F,9/ Go^zy's F,n:,A C;.tabcr IQ, 1977 .0000esa4grcw•.nTs����®�a�se♦,�♦ t i r OK r r 024PC 5og [0 /IP30 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 December 11, 1973 from Southern California 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 : December 11, 1973 CITY OF HUNTINGTON BEACH ALICIA M. WENVORTH City Clerk B y: �� -� eK I ! 024Pc 64 107, kl 17I 230 4-9 ZRA C r NU. 6247 44 0 -N EF,f/NGH,4M ...�.... .� �0 740 � Q Y 20 ' aC1 Lor a `- 7RAC7 NO. 744 23 -43 bo' 40 40• �, �T LG2nc� cpw17&C1 6V So. CQ./ E'dscv� Co. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CAUFORNIA 9-.05 A.M. D E C 13 1973 f J.WYLIE CARLYLE,County Recorder >o ' C/'fy of �unfii�g�`on .B�czcfl i. J. O. M. S. 41-90 T I'M PRINT IS FOR INKMMATIONAL.PURPOSES CW&V NIJ.Vr�NGr©n/ G`3EAcf/ EcL/s z2l>.Cly? y° AND SMULD NOT'S6 MADE A FART'OF ANY INSTRUIdaW. iYl4F� S.�IOL•✓/�L�G 4-0c,47-le>" OF O�SC /BE/U /iV ,>0,4Q �ASEtL?F_NT �v G/rr o.0 .yell.., �G 4rrin � Cocrn�` �` E3rm 4+a5&&A SOUTHERN CALIFORNIA EDISON CO. .FORM RW 46 8M. 2-67 I STATEM#OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 10, 1973 Mayor Matney called the regular adjourned meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley Green Coen Matney Councilmen Absent: Bartlett Gibbs Duke CONSENT CALENDAR - (ITEMS APPROVED) On motion by Coen, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Green, Coen, Matney NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Gibbs, Duke ROAD EASEMENT - SOUTHERN CALIFORNIA EDISON CO - BROOKHURST STREET IMPROVEMENTS - CC-206 - APPROVED - Approved a road easement from Southern California Edison Company for the widening of the east side of Brookhurst Street across the Edison Company's tranmission right of way north of Hamilton Avenue, in conjunction with' Project CO-206, Brookhurst Street Improvements, authorized the Mayor and City Clerk to execute same on behalf of the City; directed the City Clerk to record the document and authorized the Finance Officer to draw a warrant in the amount of $200 in favor of Southern California Edison Company for engineering and processing fees. On motion by ShiRley the regular adjourned meeting of the City Council of the City of Huntington Beach adjourned at 9:30 P.M. to Monday, Dec. 17, 1973 at 5:30 P.M. in the Admin;ctrati-%4P Annex The motion was passed by the following vote: AYES: Councilmen: Shipley, Green, Coen, Matney _ NOES: Councilmen: None ABSENT: Councilmen: Bartlett Gibbs Duke Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California. Alicia M. Wentworth Jerry A. Matney City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly appointed, 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 adjourned meeting held on the loth day of December , 19 73 . WITNESS my hand and seal of the said City of Huntington Beach this the 12tJ1 day of December , 19 73 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY E Q�� Deputy