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HomeMy WebLinkAbout1992-07-30 - Easement SOUTHERN CALIFORNIA EDISON RECORDING REQUESTED BY S ',,JWcRN&LIFORNIA EDISON COMPA" IOC # 9 - 33 s WHEN RECORDED MAIL TO 11_.JUN—1993 01 •31 P SOUTHERN CALIFORNIA EDISON COMPANY Recorded in Official Records Connie Brockway, City Clerk _ of Orange Coilnty- California Office of the City Clerk Lee A. Branch, County Recorder City of Huntington Beach Page 1 of 9 fees: $ 0.00Tax= 1 0.00 2000 Main Street Huntington Beach, CA 92649 SPACE ABOVE THIS LINE FOR RECORDER'S USE ROAD EMEAMW DOCUMENTARY TRANSFER TAX$ ER. 62 14A J.O. 2767 Location: City of Huntington COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Beach — Approved OR COMPUTED ON FULL VALUE LESS LIENS AND REAL PROPERTIES AND A.P.N.: 142-071-73 ENCUMBRANCES REMAINING AT TIME OF SALE ADMINISTRATIVE SERVICES SO.CALF.EDISON CO_ 5413, SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME IY: SA DATE 7.7-92 SOUTHE CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the CITY OF HUNTINGTON BEACH, a municipal , corporation, pure ,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: That portion of the North 150.00 feet of the Southeast quarter of the Southeast quarter of Section 14, Township 5 South, Range 11 West, San Bernardino Meridian, 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 1 in a Road Easement to the City of Huntington Beach, recorded September 21, 1977, in Book 12385, page 1453 of Official Records, in the office of the County Recorder of Orange County, said intersection being the TRUE POINT OF BEGINNING of this description; thence along said Westerly line of said Parcel 1, South 00' 27' 57" East, a. distance of 5.00 feet, to the beginning of a non-tangent curve, concave Southerly a,-id having a radius of 515.00 feet, said curve being the Southerly line of said Parcel 1, a radial line to said beginning bears North 001 27' 57" West; thence Easterly, along said curve, through a central angle of 131 13' 13", an arc distance of 118.83 feet, to the beginning of a compound curve, concave Southwesterly and having a radius of 25.00 feet, a radial line to said beginning bears North 120 45' 16" East; thence Southeasterly, along said curve, through a central angle of 74' 14' 20", an arc distance of 32.39 feet, to the beginning of a non-tangent curve concave Southwesterly and having a radius of 26.00 feet, a radial line to said beginning bears North 580 18' 16" East; thence Northwesterly, along said curve, through a central angle of 44° 36' 57", an arc distance of 20.25 feet, to the beginning of a compound curve, concave Southerly and having a radius of 828.31 feet, a radial line to said beginning bears North 13' 41' 19" East; thence Westerly, along said curve, through a central angle of 140 09' 16", an arc distance of 204.63 feet, to the beginning of a tangent line; thence South 891 32' 03" West, a distance of 4.20 feet; thence North 000 27' 57" West. a distance of 5.00 fe ence North 891 32' 03" East, 85.59 feet to the TRUE POINT OF BEGINNING. eCITYzeF HUN v NGTON Agency CITY OF HUNTINGTON BEACH Approved as to description: Connie Brockway, CMC�CIIYIY*�5klay. 0 a Signed ZIrAfh C- T r .`: Z'� '01 C1,M . .�Aryj 4 x A1,1-!,'I', L Date 1'ri s d'ocu'Llelit is Soleiy ror the official business of the City of Huntinpton. Beach, as contem- plated under Government Code See. 6103 and should be recorded free of charge. Road Easement S.C.E.Co., a core., to �` City of Huntington Beach, a municipal corporation Serial No. 62514A 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: 1. Easement for irrigation or drainage ditches as reserved in the deed from Alfred Robinson, Trustee, recorded December 17, 1886 in Book 187, page 10 of Deeds, in the office of the County Recorder of Los Angeles County. 2. Easement to lay, use, operate and maintain two standard railroad spur 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 longitudinal 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. 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. 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 to pay to Grantor, upon demand, any and all costs of relocation and./or constriction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and c;unduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. 6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty (20) feet between their equipment and any and all overhead electric conductors. 7. Grantor shall hu,.re 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- c Road Easement S.C.E.Co., a corp., to e541 City of Huntington Beach, a municipal corporation Serial No. 62514A 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 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 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 execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement :or 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. 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 till placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (900/6). 15. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 16. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than three (3) feet below the surface of the ground, 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. -3- ' e _ Road Easement 5 413 S.C.E.Co., a core., to City of Huntington Beach, a municipal corporation Serial No. 62514A 17. By the acceptance hereof, the Grantee agrees to indemnify Grantor, its officers, agents, and/or employees, from any and all liability, loss, or damage to which Grantor, its officers, agents, and/or employees may b=- subjected as the result of any act or omission by Grantee, its officers, agents or employees arising out of the exercise by Grantee, its officers, agents, or employees, of any of the rights granted to it by this instrument. 18. Grantee agrees that all fencing and metallic structures installed within the above described real property shall be adequately grounded. 19. Grantee agrees not to store flammable materials nor store or park any vehicle on the above described real property. 20. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described real property, so as to prevent dust contamination of Grantor's facilities. 21. 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 shall 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 this instrument to be executed tl,Lis _ aay Jf SOUTQERNOCALIFORNIA EDISON COMPANY, a corporation By A. E. KNUDSEN Regional Manager Land Services Division Real Properties and Administrative Services 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 a9t day of /Z2&L , 19�3 . CITY OF HUNTINGTON BEACH, a municipal corporation By� �— Mayor r ATTEST: By. City Clerk -4- C- 70� koad'Easement a S.&E.Co„ a corp., to City of Huntington Beach, a ( 54)13 municipal corporation Serial No. 62514A CYNTHIA D.CALEMMO �Y COMM.#951329 z STATE OF CALIFORNIA ) ` Notary Public) SS• ORANG —California m . � E COUNTY COUNTY OF \�..G L�eSd "� My Comm,Expires DEC 29,1995 On YCJCJ , before me, , personally appeared udsen, personally own toe . Fee to the besi ) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed :he same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ..;� � crl�u►o.c�IwiD Signature .10-Wanze) STATE OF CALIFORNIA ) CYNTHIA D.CALEMMO CYNTHIA D.CALEMMO COMM.#951329 z ;``�,::,..^� COMM.#951329 SS.z -c e o Notary Public—California Z z � Notary Public—California COUNTY OF ) ORANGE COUNTY ORANGE COUNTY My Comm.Expires DEC 29, 1995 My Comm.Expires DEC 29.1990 On , 9 q , before me, , person y appeared + personally known to .ne i�t--�t:r� �-a *-� _ ' to be the persona whose named subscribed to the within instrument and ac kn,pwledged to me ]that 'executed the same in they authorized capacities and that by signatures on the instrument the persons, or the entity upon behalf of which the person, acted, executed the instrument. WITNESS my hand and official seal. Signature AR OFFICIAL SEAL MAYBINCE L ETCRESON NOTARY PUBLIC - CALIFORNIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Aa7tlel� Though statute does not require the Notary to -� fill in the data below, doing so may prove invaluable to persons relying on the document. On before me, INDIVIDUAL DA7t YJAE,TITLE OF OFF CER-E.G.,"JANE DOE,NOTARY PUBLIC" ❑CORPORATE OFFICER(S) personally appeared NAME(S) IG ER(S) } TITLE(S) PARTNER(S) LIMITED ❑'personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ATTORNEY-IN-FACT - =-•-� �- knowledged to me that he/she/they executed ❑TRUSTEE(S) OFFICIAL SEAL the same in his/her/their authorized MAY821C'E L Ef'C`H�E'SO'N GUARDIAN/CONSERVATOR W c NOTARY PUBLIC -CALIFORNIA capacity(ies), and that by his/her/their OWCE COU14TY signature(s) on the instrument the person(s), OTHER: 'My Comm, axons MAY 11, IM or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON )ORE ITITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT HE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES�_ DATE OF DOCUMENT hough the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 low 513 S . B . M . 11 12 14 13 w Uj FST \yam CH G) r O w F. 1320.20' o U \ Lv Z NORTH LINE OF \ SE. 1/4, SE. 1/4, SEC. 14 3 PARCEL 2 T/L R/W a N �o 0 f o / w F- S 1 s�. Q 50 100 SCALE IN FEET IPIIRPOSES ONLY hF IIY INSTRUMENT PROJECT NAME: BARRE—ELLIS 220KV T/L R/W J.O. 2767 DOTS I.D. 03974 ENG. MPG. TECHNICIAN: LEE OHRBERG ANALYST: J. CALLEJA " CITY: HUNTINGTON BEACH T.G.: 827—J LAND RIGHTS EXAMINER: BEVERLY ANNE ANALYST: N. HOULE COUNTY: ORANGE ISTATE: CA MAP & F.B. REF: — SURV DATE :(: — M.S.2514A 0 Southern California Edison Company DATE 23 JULY, 1992 SERIAL: 62514A File Name: LEO-2767 T . S . , U W �- :l: 1/16 514 w of u CITY OF HUNTINGTON �;� BE N. 89'32'03" z T P B• N. 89732'03" E. 580.74' ' N. 89'32 03" E. S. 0'2757" E. 5.00' 85.59, PARCEL /1 `n I 4co rn N. O'27'57" W 5.00' I I a 5 89'32'03" w. 4.20' II PARCEL 4 ' r I I J7 o SOUTHERN ;CALIFORNIA ; EDISON CO.-��,/ o PARCEL I I �,pQ•�• � z IN I i N I N O I I � CURVE INFORMATION SOUTH LINE OF N 150' OF ODELTA = 13'13'13" O DELTA = 74'1420" SE. 1/4, SE. 1/4, SEC. 14 RADIUS = 515.00' RADIUS = 25.00' LENGTH = 118.83' LENGTH = 32.39' TANGENT = 59.68' TANGENT = 18.92' THIS PRINT IS FOR INFORMATION I ORAD1415 DELTA = 443657" AND SHOULD NOT BE MADE A PALEGEND = 26.00' LENGTH = 20.25' TANGENT = 10.67' LANDS OF SOUTHERN CALIFORNIA EDISON CO. (�) DELTA = 14'09'16" RADIUS = 828.31' ss: PROPOSED ROAD RIGHT OF WAY TO CITY LENGTH = 204.63' ss;, OF HUNTINGTON BEACH TANGENT = 10284' ✓ ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK I� DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated February 19, 1993 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: 4/29/93 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By. eputy City Oferk I 1518K/1519K (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated February 19, 1993 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: 4/29/93 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By / eputy City Oferk I r 1518 K/1519K (Telephone:714-536-5227)