HomeMy WebLinkAbout1977-09-20 - Easement SO CAL EDISON CO 342 el
RECORDING REQUESTED (�'� �jf'GilO
. - �--
GAY OF HUNTINGTON BEK64
WHEN RECORDED MAIL TO: -
CITY OF HUNTINGTON BEACH
Office of the City Clerk Tax-Exempt-Government Agency
P. 0. Box 190 EXEMPT City of Huntington Beach
Huntington Beach, Calif. 92648 C 5 Alicia rl. VTmtworth
City Clerk
By: -iKA'CGG
/{`�/� �2c.)__ _ .
RECORDED IN OFFICIAL RECORDS Deputy City Clerk
OF ORANGE COUNTY,CALIFORNIA
9:05 A.M. SEP 211977
Location: City of Huntington Beach
J.WYLIE CARLYLE,County kw4rder
ROAD EASEMENT
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 public 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 :
Parcel 1 :
That portion of the North 150 feet of the Southeast
quarter of the Southeast quarter of Section 14, Township
5 South , Range 11 West , S.B.B. & M. , described as follows :
Beginning at the intersection of the North line of
the Southeast quarter of the Southeast quarter of said
Section 14 with the Westerly line of that certain land
described and designated as Parcel 3 in a Road Easement
� > to the City of Huntington Beach recorded May 11 , 1973 in
Book 10692, page 415 of Official Records, in the office
1 ' of the County Recorder of Orange County; thence along said
s North line South 891 32 ' 03" West , 106. 06 feet; thence
m`= South 00 27 ' 57" East 5. 00 feet to a non-tangent curve
concave to the Southwest having a radius of 515 . 00 feet,
�` - a radial of said curve to said point bears North 00 27 '
r � 57" West ; thence Southeasterly along said curve through
�.5 a central angle of 130 13 ' 13" an arc distance of 118. 53
feet to a compound curve concave to the Southwest having
4;, a radius of 25. 00 feet; thence Southeasterly and Southerly
along said compound curve through a central angle of 760
46 ' 47" an arc distance of 33. 50 feet , more or less , to
a line that is parallel with and 5. 00 feet Westerly, mea-
M - sured at right angles , from the Westerly line of said
land described and designated as Parcel 3 in said road
g
easement to the City of Huntington Beach; thence along
o said parallel line, South 00 27 ' 57" East , 50. 00 feet;
thence North 890 32 ' 03" East, 5. 00 feet , to said West-
erly line ; thence along said Westerly line, North 00 27 '
57" West, 56. 99 feet , to a curve in said Westerly line
concave to the Southwest having a radius of 36. 00 feet;
thence Northerly and Northwesterly along said curve
through a central angle of 900 00 ' 00" an arc distance
of 56.55 feet to the Point of Beginning .
Parcel 2:
That portion of the North 150 feet of the Southeast
quarter of the Southeast quarter of Section 14 , Township
5 South, Range 11 West , S. B.B. & M. , described as follows :
ORIGINAL
: P�1 4 54
. t .
Road ,Easement
S.C. E.Co . , a Corp. , to the
City of Huntington Beach , a municipal core.
Serial No . 51022A
Beginning at the intersection of the North line of
the Southeast Quarter of the Southeast Quarter of said
Section 14 with the East line of that certain land des-
cribed and designated as Parcel 3 in a Road Easement to
the City of Huntington Beach recorded May 11 , 1973 in
Book 10692 , paqe 415 of Official Records , in the office
of the County Recorder of Grange County; thence along
said East- line South 01 27 ' 57" East , 115 . 00 feet , to
a tangent curve concave to the Southeast having a radius
of 35. 00 feet; thence Northeasterly and Easterly along
said curve through a central angle of 1210 18 ' il" an arc
distance of 74 . 10 feet to a comoound curve concave to the
Southwest having a radius of 509 . 00 feet ; thence South-
easterly along said compound curve through a central angle
of 121 04 ' 07" an arc distance of 107 . 21 feet to the South
line of said North 150 feet of the Southeast quarter of
the Southeast quarter of Section 14 ; thence along said
South line , "North 890 32 ' 03" East , 110. 02 feet , to a non-
tangent curve concave to the Southwest having a radius of
590. 00 feet , a radial line of said curve to said point
bears North 500 41 ' 47" East ; thence Northwesterly along
said curve through a central angle of 221 58 ' 07" an arc
distance of 236. 52 feet to said North line of the South,-
east quarter of the Southeast c,uarter of Section 14 ; thence
along said North line , South 89u 32' 03 West, 67. 47 feet ,
to the Point of Beginninq
SUBJECT TO covenants , conditions , restrictions , reser-
vations , 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 :
1 . Easement for irrigation or drainage ditches as re-
served in the deed from Alfred Robinson , Trustee , recorded
December 17 , 1886 in Book 187, page 10 of "eels , in the
office of the County Recorder of Los Angeles County .
2 . Easement to lay, use , operate and maintain two
standard railroad sour tracks on , over and across said land
as reserved by William Miles , et ux . , in the deed to Edison
Securities Company , a corporation , recorded March 6 , 1957
in Book 3827 , page 293 of Official Records , in the office
of the County Recorder of Orange County .
3 . Easement to construct , maintain and use streets
or roads and alleys across said land (but not in a longi-
tudinal direction) to coordinate or conform with streets
to be laid out in any subdivision of land adjoining said
land or to connect with any roads lying Northerly of or
.on said land described herein together with the right to
construct, use and maintain within the sidelines of said
streets , roads or alleys , pipelines '_For water , gas sewer ,
storm drains and other public utilities , except electric
lines , as reserved in the last above referred to deed .
-2-
r 1455
Road Easement
S. C. E.Co . , a core. , to the
City of Huntington Beach , a municipal corp.
Serial No . 51022A
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 transportation of oil , petro-
leum, 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 , oper-
ation , presence , repair , replacement , relocation, reconstruction or
removal of such electric transmission , distribution or communication
lines , pipelines , or other conduits .
3. Grantee agrees toehold 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 growing 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 here-
by 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 by the sole
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 re-
move 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 .
8 . Any trees or plants within the easement area shall be
maintained by the Grantee and shall not exceed a height of 15 feet .
The Grantor , however , 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
-3-
Road Easement
S.C. E.Co . , a corp. , to the
City of Huntington Beach a municipal core.
Serial No . 51022A
and communication lines , to the extent necessary to prevent any such
interference or dander .
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
road right of way; or
( c) the project for which this Easement is being
granted is abandoned ,
the Easement shall thereupon , ipso facto , revert to and mera e 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 suf-
ficient quitclaim deed to the rights herein given. Should Grantee
fail or refuse to deliver to Grantor a aui.tclaim 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 ter-
mi•nating this Easement shall , after ten ( 10 ) days from the date of - re-
cordation of said notice , be conclusive evidence against Grantee and
all persons claiminq under Grantee of the termination or reversion of
the rights herein given.
11. As a controlling part of the consideration for to
execution and delivery of this instrument by Grantor , the Easement
is accepted upon and subject to the express condition that the im-
provement 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 improverr-ent
and other work or improvement are hereinafter sometimes collectively
called " Improvement" ) shall be done without any cost or expense what-
soever to Grantor , and that in the event a special assessment or as-
sessments is or are levied by an authorized lawful body against the
real property of Grantor for the Improvement, Grantee acirees 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 .
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% )
-4-
s � •
0 145
Road Easement
S.C. E. Co . , a core. , to the
City of Huntington Beach , a municipal core.
Serial No . 51022A
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 that all construction ec_uipment , when
not in use , shall be parked clear of Edison' s right of way and/or
rendered immobile .
17 . Grantee agrees to maintain the above described real
property in a condition satisfactory to grantor .
18. The use of the neuter gender herein will , when aDpro-
priate , 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 oene-
fit 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 hay and Land De-
r.artment an Assistant Secretary , thereunto duly authorized th?s
day of , 197�
SOUTHERN CALIFORNIA EDISON Cvt°1PAC
ByP. B.-PeecooK , M nager+ cf ni�*ilt
of Way and Land Depar timpnt
By
Assistant Secretary
The City of Huntington Beach 'oes hereby accept the above
and foregoing Easement upon and subject to all of the terms , covenants
and conditions therein contained , an,! does hereby agree to comply with
and perform each and all of said terms , covenants and conditions .
DATED as of this ,."2pzc_ .day of , 1927 .
APPROVED CITY 0 HUNTINGTON4 BEACF?,
AS TO FORM: a m ici al cor ion
DON P. BONFA
City Attorney "
B
/ YID R
�D"s►'H . ttor�i e
B �- v
-5
4
Road Easement 12:8UM1458
S. C. E. Co . , a corp. , to the
City of Huntinqton Beach , a municipal corp.
Serial No . 51022A
STATE OF CALIFORNIA )
} ss .
COUNTY OF LOS ANGELES )
On this f day of , 19 '_ before
me , a Notary Public in and for said State_ p s, onally appeared P. B .
Peecook , known to me to be the Planager of Fight of 6. av and Land De-
partment , and _ 'O^667/� — -- known to e
to be an Assistant Secretary Southern California Edison Company,
the corporation that executed the within instrument , known to .me to
be the persons who executed. the within instru: _ent on behalf of the
corporation her named , and acknowledged to me that such cor'cora-
tion executed the same , pursuant to its by-laws or a resolution of
its board of directors ,
vITNESS my and and official seal .
- � . �m�u�+rrfl�stsryrrruaam�naswttl-
slT
1n, I
NY 1 A!,`(
�±i I JI�'y)y��IR
fir�y i� tmi� into Exi t m Min v a 1970
wanrtthu.asinussrs�nusxu�a +Heir. ,s,e,..,.s.�;sa+rr,.as:rn:sns.nrs�ifhi:£i
STATE OF CALIFORNIA }
) ss .
COUNTY OF' )
IV
On this day of 1972 ,
before me , a Notary Public in and for sal. State , ersc �; y ^e?Y<yd
0� � , known to me to be the �_
and known to mee she
of the City of Hunt ngton Beach , the municipal corp-
a ion that executed the within instrument , and acknowledged to me
that they executed the same on behalf of such municipal corporation.
WITNESS my hand and official seal
€'
oaoo�s®m®000000®000000000000soo
OFFICIAL SEAL
`U"NltIE A. SporKvjAY
NO ARY PUSLIC-v CALIFORNIA yr
s
PRiNCIPAL OFF'!CE IN
6 ORANGE COUNTY 6
Mr!
/ .
"zreM ss o^ .xr,�s Octy e 10, 1977
e.
Y
i
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4 BK 12385P61459
® 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 9/20/77 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 : 9/20/77 CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
My Clerk
By: 'g�4/�2 d—&e.'o
12,785P; 1460 4 ex 111 a!� 14�.
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LEGEND
BA E- ELLIS 220 KV T/L /W
MAP SHOWING LOCATION OF
CITY OF HUNTINGTON BEACH ROAD RNV
® LANDS OFSOUTh/ERA/ CAL/FORK/A ED/SON Co. WITHIN THE LANDS R
eOAD R/csVr ofwAY 7o cirY of yuvrirvsrow BEAch SOUTHERN CALIFORNIA EDISON CQ
SCALE /"a So' ORANGE COUNTY CALIFORNIA
PLOTTED ®Y R.M. FIELD BOOK
i
sER. S (022A CHECKED BY c.F- s.4e-90
DATE /8-30-Td CALCULATIONS AR.-4,-/ro.T �Y`/!eI'Q VOIIfoMIA Edison COItipIly