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HomeMy WebLinkAbout1987-07-17 - Easement SOUTHERN CALIFORNIA EDISON Recording requested by: Ciaof Huntington Beach After recording ,Mail to: Office of the City Clerks �t City of Huntington Beach 2000 Main Street L'O -ECOU�NOFF -. Huntington Beach, CA 92648 RANG NTYOFFICjALAEOOpA CAL IA EXEMPT M fThis document is solely for the C1.3 'VG 2 5 87official business of the City of Huntington Beach, as contem-- =o, ccu,�7v plated under Government Cods AEcor�oER Sea. 6103 and should be recorded free of charge. r a.eX®F-Ne,ilpiP gvernment Agenay ";ity of Hutitingtoll reach Afici& Pqi. V' r,n'north C'ity Clerk BY: .... -- -- ``(ZA Location: City of Huntington Beach DepuN City Clerk A.P.N. 148-12-05 PIPELINE EASEMENT SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor" , does hereby grant to CITY OF HUNTINGTON BEACH, hereinafter called "Grantee" , an easement for pipeline 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: That portion of the Northwest quarter of the Southeast quarter of Fractional Section 13, Township 6 South, Range 11 w West in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in w w Book 51, page 14. of Miscellaneous Maps, in the office of the H �1 County Recorder of said County, described as follows: r=w w The Westerly 1.25 feet of the Northerly 440.00 feet of w Parcel 3, as per Record of Survey filed in Book 43, page 2, of Q y Records of Survey in the Office of the County Recorder of x Orange County, California. SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, N leases and licenses, affecting the above described real © N property or any portion thereof, whether of record or not. w d 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, petroleum, gas, water, or other substances, and conduits for any and all purposes . 2 . 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. 3 . 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 . r Pipeline Easement 67748308 S.C.E.Co. , a Corp. , to City of Huntington Beach Serial No. 56870A 4 . 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 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 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 caused by the sole active negligence of Grantor. 5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of seventeen (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. 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, 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 Improvement and paid by Grantor. 8 . 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. 9. 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. 10. 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%) . 11. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 12. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison' s right of way and/or rendered immobile. 13 . Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 14 . Grantee shall place indentification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described real property. -2- t Pipeline Easement S.C.E.Co. , a corp. , to 81 'iLJ� UU City of Huntington Beach Serial No. 56870A 15. Any underground facilities shall be capable of supporting three-axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 16. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible. 17 . Any pipeline shall be constructed to withstand a pressure equal to at least One Hundred and Fifty Percent (150%) of its maximum operating pressure. 18. Grantee agrees that all fencing and metallic structures installed within the above described real property shall be adequately grounded. 19 . The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine of 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 Real Properties Department and an Assistant Secretary, thereunto duly authorized this day of 19� . SOUTHERN CALIFORNIA EDISON COMPANY By R. J. VuliW Manaarer of 87_-482508 JJ 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 August 17, 1987 from Southern California Edison Company to the City of Huntington Beach a municipal corpporation 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 : August 20, 1987 CITY OF HUNTINGTON BEACH AUQA AL WLN WQRTkj ty er V STATE OF CALIFORNIA ) ss s U( —482508 COUNTY OF ORANGE ) e ` On this Cl day of 19 -7 , before me, a Notary Public in and for said County State, personally a geared J ' N i N E? , known to me to be the Mayor F 0 - e,4 and Co -e known to me to be the City clerk of the City of Huntington B46ach, the municipal corporation that executed the within instrument, 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. ` OFMIAR STEAL ROTE BARli.lA OWWWNTY MM parMr .ifs►.S, Pipeline Easement S.C.E.Co. , a corp. , to City of Huntington Beach 87-�48�50 Serial No. 5687OA UL STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES / ) On this l day of 19 before me, a Notary Public in an for said State, personally appeared A. L;_ G1Iet2zQ0" 0 personally known to me (or proved to me on the basis of satisfactory evidence) to be an Assistant Secretary of Southern California Edison Company. the corporation that executed the within instrument, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 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. WITNESS my hand and official seal . M OFFICIAL SEAL J � _ `�� VERARA �t0NTEMAYOR I. NOTARY PUBLIC , C.ALMIRNIA �. PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Aug. 19, 1987 11 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 Ito comply with and perform each and all of said terms , covenants and conditions . �A DATED as of this— day of V?�T 19Z2—. CITY OF H NTINGTON BEACH ��giKunlrc l�oa� CORP. By WEN+wca*,, C'4y G/"gel( By Mz APPROVED AS TO FORM: r J City Attorney 4 -4- r a , �or��s�a ,dos �o/sos M ol �/om/%Eo/� SEre+ef i!!g9 3.S�OE. 117 r.�cs. /3G-9 'ter res 93 2/ 20 O k O /00 200 ' CG UI �Ey off' .Yastrr�to� BcQch /` - y/✓T';aa"'a'�`%lei'I•-f+f N%I.J/�/ �'f�_ J. 0.lnpr2 M.S. 4/— 90 7/ s_�q�rorr/�r��h�rr/ GE. Co. Eo f� a�-atitG.r Ivry �ew�► SE R. .SGB�o iP Southern California Edison Company WRWJjC 46-A Rsv 4/75