HomeMy WebLinkAbout1976-02-04 - Easement SOUTHERN CALIF EDISON CO �'XEN RECORDED MAIL TO: 6�7�
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R R oy 46K 1164ZP6 �79
CITY OF HUNTINGTON BEACH Quzs,,,
Office of the City Clerk 9y
P. 0. Box 190 EXEMPT
Huntin
gton on Beach Calif. 92648
C8
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY,CALIFORNIA
9:05 A.M. FEB 6 1976
This document is solely for the
official business of the City J.WYLIE CARLYLE,County Recorder
of Huntington Beach, as contem- ; 98
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
Location: City of Huntington Beach
f
ROAD BASEMENT
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
hereinafter called "Grantor" , does hereby grant to the CITY
OF HUNTINGTON BEACH, a municipal corporation, hereinafter
called "Grantee" , an easement for road 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 Section 21, Township 5 South,
Range 11 West , in the Rancho La Bolsa Chica, City
w of Huntington Beach, County of Orange , State of
California as shown on a map recorded in Book 51,
�a
page 13 of Miscellaneous Maps, in the office of the
County Recorder of said Country described as follows:
g�
X Parcel 1:
01
0�
p , The South 60.00 feet of the West 120.00 feet of
the East one-half ( E 1/2 ) of the Southeast one-
quarter ( SE 1/4) of said Section 21.
EXCEPTING therefrom the Southerly 30 .00 feet
Q previously dedicated for street right of way.
o
A h Parcel 2:
`1�14� That portion of the East one-half ( E 1/2) of
the Southeast one-quarter ( SE 1/4 ) of said Section
21, lying Southeasterly of a curve concave to the
Northwest having a radius of 32.00 feet , being
tangent on the South to the North line of Parcel
1 hereinbefore described and being tangent on the
East to the Northerly extension of the East line
of Parcel 1 .
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.
The foregoing grant is made subject to the following
terms and conditions:
r
BK I 1642PG 2W
Road Easement
S.C.E.Co. , a corp. , to
the City of Huntington Beach
Serial No . 50170A
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 des-
cribed real property, electric transmission and distribution
lines and communication lines , together with supporting struc-
tures and appurtenances, for conveying electric energy for
light , heat , power and communication purposes, and pipelines
and appurtenances for the transportation 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 .
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.
0 . 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 .
-2-
8K 116425 281
Road Easement
S.C.E.Co. , a corp. , to
the City of Huntington Beach
Serial No . 50170A
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 here-
in 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 execution and delivery of this instrument by Grantor , the
Easement is accepted upon and subject to the express condition
that the improvement for which the Easement is given, regard-
less 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
Improvement and paid by Grantor .
12. Also as a controlling part of the consideration
for the execution and delivery of this instrument by Grantor ,
Grantee covenants, for itself, its successors and assigns, to
construct and maintain the improvement to be located on the
above described real property at its own expense.
13 . 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.
-3-
i
Road Easement
-S.C.E.Co. , a corp. , to
the City of Huntington Beach
Serial No . 50170A
14. Any earth fill placed by Grantee within the
boundaries of the above described real property shall have
a relative compaction density of ninety percent ( 90 percent) .
15 . The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to
the public.
16. Grantee agrees to provide a sixteen ( 16) foot
commercial type driveway with curb depression capable of
supporting forty ( 40 ) tons on a three-axle truck at such
location as to be specified by the Grantor .
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.
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 and Assistant S c etary,
there to duly authorized this /6 't'�G day of
19
SOUTHER_ C IFORNIA ED S N COMPANY
By
P. B. Peecook, Manager of Right
of Way and nd Department
BY
Assistant Secretary
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 gt day of /c - 192s—.
THE CITY OF HUNTINGTON BEACH
BY T -rr�.i .M.4 yo p
Alicia M. Wentworth, City Clerk
By
APPROVED A$ TO FORM 1,2
IV
....__._---------
DON P. BONFA' - nA
City Attorney M' —4—
• � BK116421G 283
Road Easement
S.C.E.Co. , a corp. , to
the City of Huntington Beach
Serial No . 50170A
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this lto-&�e day of kw'm� 19 9S
before me , a Notary Public in and for said Mate , personally
appeared P. B. Peecook, known to me toR
e the Manager of
Right of Way and Land Department , and .0 (Or�V--'
known to me to be an Assistant Secretary
oY—Southern California Edison Company, the corporation that
executed the within instrument, known to me to be the per-
sons who executed the within instrument on behalf of the
corporation herein named, and acknowledged to me that such
corporation executed the same , pursuant to its by-laws or a
resolution of its board of directors.
Ott"FICIAL SEAL
WITNESS my hand a official seal .
KAY V. SMITH
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires May 31, 19/9
urns 11IN411111AMI
STATE OF CALIFORNIA
ss .
COUNTY OF
On this day of 197,E
before me , a Notary Publ—icin and for said State , personally
appeared known to me
to be the and
kfiown to me to be the '__OV'tHe
,a - a..dL
City of Huntington Beach , the municipallcotporcYtio—n --that
executed the within instrument, and known to me to be the
persons who executed the within instrument on behalf of said
municipal corporation, and acknowledged to me that such municipal
corporation executed the same.
WITNESS my hand and official seal.
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THIS PRINT IS FOR INFORMATIONAL PURPOSES ONLY
AND SHOULD NOT BE MADE A PART OF ANY INSTRUMENT6 t
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. BX 1 164ZG
STATE NT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, City, Hall
Huntington Beach, California
Monday, February 2, 1976
Mayor Gibbs called the regular meeting of the City Council
of the City of Huntington Beach to order at 7:00 P.M.
Present: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs
Absent: Matney
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bartlett, the following items were approved as recommended by the
following roll call vote
AYES: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs
NOES: None
ABSENT: Matney
STREET EASEMENT - WARNER AVENUE - SOUTHERN CALIFORNIA EDISON COMPANY - ACCEPTED — Accepted
street easement from Southern California Edison Company for street right-of-way located
at the northwest corner of Warner Avenue and Lark Lane and authorized the Mayor and City
Clerk to execute same on behalf of the City.
On motion by Bartlett the regular meeting of the City
Council of the City of Huntington Beach adjourned at •
M.
to Monday, February 9, 1976 at 7:00 P.M. in the Council Mamber
The motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs
NOES: None
ABSENT: Matney
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California
Alicia M. Wentworth Norma Brandel Gibbs
City Clerk Mayor
STATE OF CALIFORNIA )
County of Orange ) SS:
City of Huntington Beach)
I, ALICIA M. WENTWORTH, the duly elected and qualified 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 2nd day of February , 1976
WITNESS my hand and seal of the said City of Huntington Beach this the 3rd day of
February 1976
Alicia M. Wentworth
City Clerk and ex-officio .Clerk
of the City Council of the City
of Huntington Beach, California
BY , '.�A - 0_G
Deputy