HomeMy WebLinkAbout1997-02-03 - Easement SOUTHERN CALIFORNIA EDISON COMPANY, • so 2�
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Recoraea in the County of orange, California
RECORDING REQUESTED BY t(+ uff� ( ra
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SOUTHERN CALIFORNIA EDISON COMPANY
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19970266277 Nepm 06/10/97
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RECORDING REQUESTED BY E01 7 04 3,03 7.00 18.00 0.98 0.00 3.02 0.00
SOUTHERN CALIFORNIA EDISON COMPANY 0 00 0 00
14803 CHESTNUT STREET �lc7uncfR^ j�vY.,P �y�fiU., P�pe in 2
WESTMINSTER, CA. 92983-5240 Ei9SF�no�T ,u� h �
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SPACE ABOVE TH19 LINE FOR RECORDER'S USE C�-7 Z
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PIPEurIE EASEMENT DOCUMENT RANSTAX$ SER 64200A. J.0.2216
+/ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND Approved
Location:153-381-24 NCUMB CES REMAINING AT TIME OF SALE ADMI
NISTRATIVE
PROPERTIES ERV CES
C SO.CALIF.EDISON CO.
E BY JG DATE11/191M
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 j
easement for pipeline (drain) purposes, in, on, under, over, along and across that certain real property in the P
City of Huntington Beach, County of Orange, State of California, described as follows: Z f
That portion of the Southerly 200.00 feet of the Northwest Quarter of the Northeast Quarter of
Section 6, Township 6 South, Range 10 West, San Bernardino Meridian, more particularly described on the
attached Exhibit "A" and shown on the attached Exhibit "B", both attached hereto and by this reference
made a part hereof.
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.
SUBJECT TO ITEMS
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. 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 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.
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,
Serial 64200A
S. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other
agents will maintain a minimum clearance of seventeen (17.00) 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. 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 pipeline (drain) 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.
8. 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.
9. Upon the termination or reversion of the rights herein granted, Grantee shall at its own
risk and expense remove said and restore said above described real property as nearly as possible to
the same state and condition that it was in prior to a-ny construction of said facilities, but if it should
fail to do so within sixty (60) days after such termination, Grantor may do so at the risk of Grantee,
and all cost and expense of such removal and the restoration of said premises as aforesaid, together
with interest thereon at the rate of ten percent (10%) per annum. shall be paid by Grantee upon
demand.
10. 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 drantor 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
rmprovernent and paid by Grantor.
11. 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.
12. 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.
13. 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%).
14. Grantee agrees to maintain the above described real property in a condition satisfactory to
Grantor.
15. In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee
agrees to pay Grantor in addition to any other recovery or relief or which Grantor may be entitled, a
reasonable attorney's fee to be fixed and allowed by the Court.
Senal 64200A • •
16. Any notice provided herein to be given by either party hereto to the other may be served
by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of
such notice and addressed to said other party at its principal place of business.
17. Grantee shall place identification 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.
18. 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 (401 tons, and shall be of such type of construction and material as to he
sufficient and safe for the purpose for which they are to be used.
19. 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.
20. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred
fifty percent (150%) of its maximum operating pressure.
21. The two-year limitation contained in paragraph 10 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.
22. Grantee agrees that no additional structures will be installed on the above described real
property.
23. Grantee agrees not to store flammable materials nor store or park any vehicle on the
above described real property.
24. The rights hereby granted are not necessary or useful in the performance of the duties of
said Grantor to the public.
25 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 this ell et day of fA&&&U
SOUT R CALIF IA E SON COMPANY
By
Martin M uch
Real of W y Agent
Real Properties and Administrative Services
GRANTEE 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.
� I
DATED as of this day of 19-2Z.
i
i
By
AS To Faril : lf�1E $ROCK AY Mayor
}; to, City t,ttorney,
By: D orneY, By
�r*lw tDEaUTY. CITY CIaEH$ ;
3 �
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I
i
Serial 64200A.
City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF
On 17, before me,z f1 , —, personally appeared
d..&� _ate L personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to me that(she,lhe)
executed the same in Fher�his) authorized capacity and that by thvT-this) 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.'
Signature � �°
_ MtAlYFACE L.JOHNSON
.� Comm,#991 M
Z Notary PukAc—COlifornio
ORANGE COUNTY
LaMy Comm,F.Xties MAY T t.1997
ALL-PURPOSE-ACKNOWLEDGMENT
State of Z CAPACITY CLAIMED BY SIGNER
County of D� KwaIVIDUAL
�} � CORPORATE
On 2nf "Xiore me, OFFICERIS)
` NAME.TITLE OF OFFICER•E.G.,•JANE DOE.NOTARY PUBLIC TITLE[$)
���� ❑ PARTNER(3) ❑ LIMITED
personally appeared NAh1E(s)or aK3NERta) ❑ GENERAL
❑ATTORNEY-IN-FACT
Ifpersonally known to me-OR-El proved to me on the basis of satisfactory evidence ❑TRusrEsls}
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ❑GUARDIAN/CONSERVATOR
acknowledged to me that helshelthey ❑o mER:
QO8F TCASTILLO executed the same in hislherltheir
C0ffwn >Yon#IC74810 z authorized capacity(les), and that by
Notatyaublic--CO"forNo his/herltheir signature(s)on the instrument
r. San gem udlno County
my COMM.E>�irea Nov 3.1994 the person(s), or the entity upon behalf of SIGNER 1S REPRESENTING:
which the person(s) acted, executed the NAIL OF PERt;ONIs) t"TITYMsI,
instrument. nZOP41 "L
Witne my a fflclal seal. '��` +�
tl
1
81ONATURE OF NOTARY
ATTENTION NOTARY:Although the htbrmawn requnlod below la OPTIONAL,It could ptewt haududw ammhmeat d IN$cenillcm to an unau0=1zed doarment.
THIS CERTIFICATE Title or Type of Document
M UST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other than Named Above
R11lM*IAT1r%%P-1 K1^7M fly AV MIATl MI.nnnr n...n.A— n n Anv 7q A 4.rnnnnn P:v4 rA Q1ZA4-71R4
4
Serial 64200A • `his 3-3�/-��°
City Clerk
STATE OF CALIFORNIA }
} ss.
COUNTY OF SZ � )
On 9 , before me, i , personally appeared
personally known to meonee to
be tC rsoff whose name is subscribed to the within instrument and acknowledged to me that (she%brej
executed the same in (he rthI4 authorized capacity and that by (her.1—W 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. '
Signature lffd a _
tAAYBMCE L JOHNS N
CQMM.#99
Nc,t,ry Public—Caiforda
ORANGE COUN1Y
My Comm.Expires MAY 11.1947
4
EXHIBIT IA'
SERIAL 64200A
THAT PORTION OF THE SOUTHERLY 200. 00 FEET OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 10
WEST, S. B.M. , IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE- OF CALIFORNIA, DESCRIBED IN THE GRANT DEEDS TO SOUTHERN
CALIFORNIA EDISON COMPANY, RECORDED ON SEPTEMBER 15, 1955 AND
JANUARY 28 , 1958 IN BOOK 3210, PAGE 469 AND BOOK 4178 , PAGE 59 ,
RESPECTIVELY, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF LAND 10. 00 FEET IN
WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF TRACT NO. 4744 AS
SHOWN ON A MAP FILED IN BOOK 176, PAGES 13 THROUGH 17, INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID
POINT BEING DISTANT THEREON SOUTH 89037 ' 52" WEST 31. 01 FEET FROM
THE NORTHEASTERLY CORNER OF LOT 189 OF SAID TRACT, SAID POINT ALSO
BEING ON THE SOUTHERLY LINE OF THAT PARTICULAR GRANT DEED DESCRIBED
IN SAID BOOK 3210, PAGE 469, OF OFFICIAL RECORDS; THENCE NORTH
0022 ' 08" WEST 200. 00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT
PARTICULAR GRANT DEED DESCRIBED IN SAID BOOK 4178, PAGE 59, OF
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 0°22 ' 08" EAST 171. 52 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 22 .50
FEET; THENCE SOUTHEASTERLY 29. 93 FEET ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 76012135" .
EXCEPTING THEREFROM ANY PORTION OF SAID STRIP LYING WITHIN STRIP 2
AS DESCRIBED IN THE' EASEMENT RECORDED DECEMBER 20, 1963 , AS
DOCUMENT NUMBER 19261 IN BOOK 6854, PAGE 242, OF OFFICIAL RECORDS,
IN THE OFFICE OF SAID COUNTY RECORDER.
THE AREA OF THE ABOVE DESCRIBED STRIP IS 1, 792 SQUARE FEET, MORE OR
LESS.
ALL AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF.
SG�
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Exp,9.30.97
* yk'
s No.4406
RIFOF CALt�O¢�
4-17-96
EXHIBIT V
SERIAL 64200A
TRUE POINT OF BEGINNING
S.C.E. PROPERTY PER
LO Il j o ', " O.R. 4178/59
a
SCALE: 1"=40' l } �
SCE CO.
EXISTING
O TOWER
ci '� cj STRIP 2 PER 4�..1
O.R. CE CO'
EXISTING
.R. 6854/242
Tow1=R
�1 CCD
_
FUTURE
S.C.E. PROPERTY PER �z TOWER
O.R. 3210/469 4
!, _ J
L=76'12'35"
R=22.50'
L=29.93'
-----.P-� - N89'37'52"E Z 319.1 D'
POINT OF BEGINNING '
TRACT N0. 4744
Q
tANO S co C
1tt E BU yy A 00 f Q
E�. 9-•3Q--91 � �
*No. a�ab M.M. 176/ 13--� 17
s �t
OF crt14 -- - -- --�---- --
t. FLOUNDER DRIVE
�--t SALMON
AREA=1,792;k SO. Fr. - � ;,;.' ! LANE
4/17/96 SHEET 1 OF 1
���,�,�GIERKQ�
I CERTIFY THAT,IF THIS SEAL IS AFFIXED COUNTY CLERK'-RECORDER
IN PURPLE INK,THIS IS A TRUE AND a �af; � � -1
CORRECT COPY OF THE PcR;"51csNENT RECORD jl�?�r.
FILED OR RECORDED IN THIS OFFICE
�E 2 8 1998 FEE / n��� \� ORANs COUNTY S E OF CALIFORNIA
LINTY