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HomeMy WebLinkAbout1974-03-07 - Easement SOUTHERN CALIFORNIA EDISON CO `r Recording Requested: CITY OF HUNTINGTON BEACH ���� Off I 1 1 2PG 789 Aen recorded return to: FREE F Ti {� ('$ RECORDED IN OFFICIAL RECORDS CITY ©� �ILTi��T�'�.,TC�N BEACH �ir� Jerk OF ORANGE COUNTY, CALIFORNIA. ,tr C P. 0. Box 190 9:05 A.M. APR 5 1974 Ifuutington Beach, Calif,, ).WYLIE CARLYLE,County Recorder Tax-Exempt-Government Agency This document is solely for the CITY OF HUNTINGTON BEACH official business of the City Of Huntington Bea^h, as contem- plated under C-Oves,nnment Code ` By:...4__..._ -ae- ...., Sec. 6103 and should be recorded Deputy CityClerk free of � ^ - 2223 ROAD EASEMENT Location: City of Huntington Beach SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor" , does hereby grant to CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "Grantee" , an easement for public road and highway purposes, in, on, under, over, along and across that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Those portions of the Southwest quarter of Section 14, Township 5 South, Range 11 West in the Rancho La o y� Bolsa Chica, as shown on a map recorded in Book 51, page 13, of Miscellaneous Maps, in the office of the v County Recorder of said County, described as follows: w my `a cc PARCEL 1: Co A strip of land 20 feet wide lying within that certain strip of land 150 feet wide as described in the o Qti deed to Southern California Edison Company recorded March 7, 1956 in Book 3428, page 380 of Official q Records in the office of the County Recorder of said County, the Northerly line of said strip of land, 20 feet wide, being 20. 00 feet Southerly, measured at right angles, from the North line of said Southwest M quarter. a[ PARCEL 2: That parcel of land, in said Southwest quarter of Section 14, lying Northwesterly of a curve concave to the Southeast having a radius of 32. 00 feet and being tangent on the North to the Southerly line of Parcel 1, described above, and tangent on the West to the Westerly line of that certain strip of land 150 feet wide as ` described in the deed to Southern California Edison Company recorded in Book 3428 , page 380 of Official Records in the office of the County Recorder of said County. it SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not, including but not limited to the following: .. • " �gar�_� ; Road Easement i S.C.E.Co. , a corp. , to City of Huntington Beach, a municipal Corp. Serial No. 47866A 112PG 1. An easement for one standard gauge railroad spur track and incidental purposes as reserved in the deed from Wilford G. Lewis, Trustee, to Southern California Edison Company, recorded March 7, 1956 in Book 3428, page 380 of Official Records in the office of the County Recorder of said County. The foregoing grant is made subject to the following terms and conditions : 1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the trans- portation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2 . The said Easement shall be exercised so as not to endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits. 3. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or grow- ing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are proximately caused in whole or in part by any active negligence of Grantor. 4 . Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. 5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of 17 feet between their equipment and any and all overhead electric conductors. 6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. -2- Road Easement — — S.C.E.Co. , a corp. to City of Huntington Beach, a municipal Corp. Serial No. 47866A SKI 1 1 12PG 791 7. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant. 8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger. 9. The above described real property is to be used only for the purposes specified herein and in the event: (a) said real property is not so used, (b) said real property shall be vacated as a public road and highway; or (c) the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 10 . Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefor, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. 11. As a controlling part of the consideration for the execu tion and deliver o this instrument b Y f ru nt Grantor Y the Easement is accepted express upon and subject to the ex p J P condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement") shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improve- ment and paid by Grantor. -3- Road Easement S.C.E.Co. , a corp leto • City of Huntington Beach, a municipal corp. Serial No. 47866A f 2PG 792 12. Also as a controlling part of the considera- tion for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the street to be located on the above described real property at its own expense. 13. The two year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor. 14 . Grantee hereby recognizes Grantor ' s title and interest in and to the above described real property and agrees never to assail or resist Grantor ' s title or interest therein. 15. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (900) . 16 . The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 17 . The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement inure to the benefit of and are binding upon the heirs , successors , representatives and assigns of the parties hereto. 18 Grantee agrees to provide one sixteen (16) foot commercial type driveway with curb depression capable of supporting 40 tons on a three-axle truck at such location as to be specified by the Grantor. IN WITNESS WHEREOF, said Southern California Edison Company has caused its corporate name and seal to be affixed hereto and this instrument to be executed by the Manager of Right of Way and Land Department nd an Assistant Secretary, thereunto duly authorized this -141& day of 19a. SOUTHERN CALIFOQNIA EDISON MPANY kFpf 3 TO FORM WOtJDSIa R$ By Gene i unsel P. B. Peecook, Manager of Right Vkg _. of Way and Land De rtment - -- By Assistant Secretary APPROVED AS TO FORM: DON1P. BONFA City Attorney 6 7 BY: i D `uty ity Attorney —4— w r Road Easement S.C.E.Co. , a Corp Mto City of Huntington Beach, • a municipal corp. Serial No. 47866A OK I I t 12?0 79 The City of Huntington Beach does hereby accept the above and foregoing Easement upon and subject to all of the terms , covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this 1st day of April s 19 74 • 4 By mayor- Mayor By -City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this day of , 1 , before me, a Notary Public in and for said LState, personally appeared P. B. Peecook, known to me to be the Manager of Right of Way and Land Department, and I 't BOBEK known to me to be an Assistant Secretary of Southern California Edison Company, the corporation that executed the within instru- ment, known to me to be the persons who executed the within instrument on behalf of the corporation herein named, and ack- nowledged to me that such corporation executed the same, pursuant to its by-laws or a resolution of its board of directors. I�ININNiII n1111NlN1111111nFN1YN1 W IINIINdNNN IINNINIININIIINIINNNNNNNI WITNESS my hand and official seal. _ F v oFFrCIALSEAL • ' • ; MARY L. MANNION I NONTARY PUBLIC-CALIFORNIA ;.� PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Carm'ssion Expires October 19, 1975 t Imauuuu:nuuuwu+l:ur;auiuruulntniNlNIII/INlIIIIIIINIlNIINNIIl1{iNNllllNNIINN{{Utz STATE OF CALIFORNIA ) ss. COUNTY OF ) On this /5r day of C� 19r7Y , before me, a Notary Public in and for said State, personally appeared , known to me to be i ' and 6knowh to me to be of the City of Huntington Beach, that nexeeteR the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation duly executed the same. WITNESS my hand and official seal. o�•+s+�s••��••••+,+,,,�+�����a r OFFICIAL SEAL i CONNIE A. ROCKWAY + NOTAP,Y PUBLIC•CA'LIFORNiA A a PRINCIPAL OFFICE IN ♦ `� ORAINGE COUNTY .! Comm''=ssioa Exazes&�c#cb ; s, 1977 ss•+••+sa••ss♦sss�••�s•iii7i�: -5- r, a' 5.,.111- ©' A/.W Y , 6ec. 14-, ,Qo ,LCT £3vlsc� �'hit�� MM.51—�3 i u AX 2 !• oQi Q U TY 4 i 1 Sic. fs- a 23/7 M. s. 43-99 THIS PRINT IS FOR INFORMATIONAL PURPOSES ONLY e294 j, E-A4, 7-0 TH, m,ow SHOULD NOT BE MADE A PART OF ANY INSTRUMENT. Cl T->�G?C,47YJ/vT/ivc 7 V/t/ COV / 0.4Jt/(S�E CUL/rVTY. lER.��3G ,Q SOUTHERN CALIFORNIA EDISON CO. FORM RW 46 lM 1-72 eK d l I 12PS 795 D N ' M 15 1 SECTIONAL DISTRICT MAP 14-5-11 °O TEFL . NOTE ALL OIAIFNAIONa APE IN FEET. ,. �T/��� T i•�. ANY LOM6 AOJdNW4 ANY M. Of WAY CITY T Y U NITCNO[D TO[YT[�TD T ETCR ADOPTED iUNE DD.tf50 w pcN RIONT w wwr CITY COUNCIL ORDINANCE NO. 775 L��EGEND L^J Soft[FAWY RC=ff [OWTWT HUNTINGTON BEACH AMENDED otlo'No ° °° Qcamu 1.01T rAAMwwas6 bMTOCT W' 6-5-50 750 bt etrrmaTY auaRtae DIaTMCT 1-3,51 1111 C4 MmAY CprrBRCmL rNTNCT 3-50-a ex6 _.._OEM"urt ORANGE COUNTY, CALIFORNIA 5 7a .25 �RsW�a 7-3-67 1333 C CDMW RY/ACIL1TNt ILDUCAT"j4MTPN:T I2-18-69 1544 4-3-'pp 1733 AMENDED BY ZONE CASE' 4-3-72 1734 114,I17.13Y,166,K7,66'43,66-32,71-46A.71-4011, BOLSA AVE IN .1 12 # I� to A ECITY L IUNTINGTON SEA4H NT6 Y 1f AIR v AvE .r Ri + [ Q L Y.. RI 1 R I R I LL 2 AVE is a o AV Ml CITY OF. WE STMIN ER ( J 4 CITY R1 Ri N x RA RA %1 CF-E a 1y ut Cr-E — •LN[M iltp}t 1!4 tt M-t•N rr Rl CF:CS:flGN H.'iYl RI -------------- y4 a j 4 k $ N LMR a:llt w MY AI r b']0'.ar'8-tb' sZ, V fo 01 xaw4fre—tw i.• aW I tl xat•It'DY'W-eww V V r4r•44'i W-b"A1' W a �¢D• tI N[b'bs'at w-t¢¢81' p m �. 14 \r EDINGER AVE \'•:a a¢8AJ \ice STATEMEPOF THE ACTION OF CITY COUNCIL BK 1 }2'G 796 Council Chamber, City Hall Huntington Beach, California Monday, April 1 , 1974 Mayor Matnu 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 , Green , Coen, Duke, Matney Councilmen Absent: None CONSENT CALENDAR -- (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vot e: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES Councilmen: None ABSENT: Councilmen: None ROAD EASEMENT -SOUTHERN CALIFORNIA EDISON COMPANY - MCFADDEN AVENUE Approved a road easement from Southern California Edison Company to the City for the proposed widening of the south side of McFadden Avenue across the Edison Company's trans- mission right of way, east of Gothard Street; authorized the Mayor and City Clerk to execute same on behalf of the City, and 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 hike the regular meeting of the City Council of the City of Huntington Beach adjourned at : l toMonday, April 15,1974 at 5:30 P.M. in the Council Gnamber The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matna NOES: Councilmen: None ABSENT: Councilmen: Ngne 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 AA Matey City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTR, 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 correcttStatement of Action of the City Council of said City at their regular 3naeting held on the lst day of April , 19 74 WITNESS my hand and seal of the said City of Huntington Beach this the �3rd day of April �, 19 74 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of theCity of Hun ington Beach, California BY Deputy