HomeMy WebLinkAboutCity Council - 5808 RESOLUTION NO. 5808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE ACCEPTANCE OF A PIPELINE EASEMENT FROM
THE SOUTHERN CALIFORNIA EDISON COMPANY
WHEREAS, the City of Huntington Beach City Council desires to
accept the pipeline easement granted by the Southern California
Edison Company on June 17, 1985, a copy of which is attached
hereto and incorporated herein by this reference as exhibit "A, "
according to the terms, covenants and conditions contained therein,
NOW, THEREFORE, the City Council hereby authorizes the Mayor
and City Clerk to execute and deliver such acceptance for and on
behalf of the City of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 17th day
of August , 1987
ayor ro Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
:2 = ,}';?
REVIEWED AND APPROVED: INITIATED AND AP_PROVED:
City Administrator j Director of Public Works
Res. No. 5808
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNT INGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Cldrk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 17th day
of August 19 87 by the following vote:
AYES Councilmen:
Winchell Mays, Erskin
e.ne Green} Rannictpr
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Kelly
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
� 48
Recording requested by: City of Huntington Beach 87-48258$
LOFORA:NGE
IN OFFICIAL RECORDS
After recording mail to: Office of the City Clerk COUNTY CALIFORNIACity of Huntington Beach
2000 Main street M a 25'87Huntington Beach, CA 92648
EXEMPT
This document is solely
for the RECORDER
official business of ti5e CitYem-
of Huntington pouch,
cont
plated under Cshould be recorded �"S«}�"
Sea. verl"ant Code
6103 and
free of charge. -.
Tex-Exempt-Government Agency
city of Hu�t ngtont Beach
Alicia City Clerk
L.
Depu City Location: City of Huntington Beach
Bye ____ ty Cierk pIPELINE EASEMENT A.P.N. 148-12-05
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
. � West in the Rancho Las Bolsas, City of Huntington Beach, County
of Orange. State of California, as shown on a map recorded in
Book 51, page 14. of Miscellaneous Maps, in the office of the
County Recorder of said. County, described as follows:
a. a
The Westerly 1.25 feet of the Northerly 440.00 feet of
`: a Parcel 3, as per Record of Survey filed in Book 43, page 2, of
e z Records of Survey in the Office of the County Recorder of
z Orange County, California.
SUBJECT TO covenants, conditions, restrictions,
reservations, exceptions, encumbrances, rights, easements,
N leases and licenses, affecting the above described real
tt�^q N property or any portion thereof, whether of record or not.
v l\ C1
o 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 distributlon 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.
VAULT COPY
Pipeline Easement
S.C.E.Co. , a core., 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 Grantors 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 Grantors title and interest
in and to the above described real property and agrees never to
assail or resist Grantors 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-
VAULT COPY
Pipeline Easement
S.C.E.Co., a corp. , to
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 Ass>ftant Secretary, thereunto duly authorized
this l7 day of 19,?-5—.
SOUTHERN CALIFORNIA EDISON COMPANY
By_ �I
R. J. Vlulitr
Manager of
Real Properties Department
By a , YJ
Assistant Secretfary
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this A774 day ofG�c.y 19 ,
before me, a Notary Public in and f said State, personally appeared
R. J. Juliff, personally known to me (or proved to me on the basis
of satisfactory evidence) to be Manager of the Real Properties
Department 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. OFFICIAL SEAL
w/ DEBROH F. SMITH
Notury Public - CaliM.nla
PRINCIPAL OFFICE IN
LOS ANGELPS COUNTY
MY COMMISSION EXPIRES SEPTEMBER 28,19BT
-3-
VAULT COPY
Pipeline Easement
S.C.E.Co. . a corp. , to
City of Huntington Beach
Serial No. 56870A
STATE OF CALIFORNIA )
) 6s.
COUNTY OF LOS ANGELES / )
On this / day of ( 19
before me, a Notary Public in an¢:-' for said State. • personally
appeared a i .rnata 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.
WI NESS m hand and official seal y$?`y OFFICIAL SEAL
y .
}f(F VERA MONTEMAYOR
NOTARY 14/LIC C�-If�R Ni►
(J� _ �A.-, ♦—�N�-' +I\�.1. � � PRINCIPAL OF-FI::E IN
..T I '"e-°'•� LOS ANGEL ESCJUNiY
My Cornrn{ssion Expires Aug. 19. 1987 !
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 Im day of fT' 19j!7 .
CITY OF HUNT ,NGTON BEACH— A 9num,,e,*L. Cole?.
BY -- — --
AA,c td�, /Y. W lA+tW b&+,J CAI C Iaek
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
i
On this �q day of , 19 _, before me,
a N�otary public in and for said County and State, personally appeared
U-AA( Eaak:N,°. , known to me to be the Mayor Pico TlA
and _ ed u v c s). _ ao k . Als , known to me to be the City Clerk
Of the City of Huntington�Beach, the municipal corporation hat 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.
! OFFICIAL SEAL
BETTE BARIPublic
-ca LA
� Notary Publk-CaNfomla
ORANGE COUNTY T"
MY OM Ev.Jon.e.im