HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - PACIFIC ELECTRIC LAND COMPANY - 1955-03-21 60
=U0 DIIA1N FAIAIM MW ll�dY0tiIl4 I.1CA"Eti S:'1'0N 13-30131
1'.S0.n"x 110
IL1IL'Ji�;7PIIRitC'z['®IO 1133t�t1�7Rz[o�L r011.RIC'�R$ ali�
A.pr3 i 25, 1956
Cite of Huntington reach
7t'n Street Storm Drain
�h1
Aar. J. L. Henricksen
City Administrator
Huntington Beech, Calif.
Dear John:
Vle have Finally obtained Pacific Electric
Railway and Pacific Eleutric Land Company's signa-
tures to the subject agreement$ dated March 21,, 1Q55,;
one copy of which is being enclosed for your files.
Sincerely yours,
1f:
�a
r
J. Sherman Danny }
JSD:jm
ena1-1
a
cc: Air. G. J. OvBrien
Attn.: E.,A. Hartsook
1,1r. W. La -aker
t
4
MIR
January' 20, 1955
d
Facifip Electric Ra:LLway CorpuW
610 South Mair. -treet
1.)s x4,zoles 14, California
RE: 314.5
A TN, G. ° . Squires,
Vic e-Pres.,& Genfl oMt.
Dom Sir,
In :re-P37 to your letter of Janu+ar r 5, 1955 regarding
the recording of eesoment granted to the City of
Huntington Beaoa to construct and maintain a storm
drain An 'the viaislity of 'nth Street, w sub#t the
following Information:
"Recorded at requatt of City of
Huntingt4a Beach, Book 293.8,
Papa 145, January, 7, 1955 at
19 min. ,pant 9 a.m., official
records of Orange County,
California, Rttbg Warland,
County Recordtr.'°
r
Very truly Yours,
S
J. L. Henricksen,
City Clerk
JLH,:bd
4
k '
PACIFIC E ECTRIC RAILWAY COMPANY
PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET
LOS ANGELES 14, CALIFORNIA
S. F. SQUIRE. IN REPLY PLEASE REFER TO
I«' •EGIGENT.. I GENERAL MANAGER Januarycc
�..IY 6 iSu 't
City of Huntington Beach
Huntington Beach, Cali-fornia
Attention: Jolm L. Henricksen
City Clerk
Gentlemen:
Herewith fully executed copy of easement
granted to the City of Huntington Beach to con-
struct and maintain a storm drain under this Companyts
tracks in the vicinity of Seventh Street, in the
City of Huntington Beach.
It would be appreciated if you would kindly
furnish us wi.th recording data as soon as it is
available, as previously requested.
Yours very truly,
H 6-13
llc?m i. `
.i .
THIS .AGREEMENT, dated the 21st day of March, 1955, by and
between HUNTINGTON BEACH COMPANY, a corporation, PACIFIC ELECTRIC
LAND CO1,TANY, a corporation, and PACIFIC ELECTRIC RAIL4IA.Y COMPANY,
a corporation, hereinafter termed Grantors, and CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, herein-
after termed Grantee,
W I T NE S S E T H'
THAT the Grantors, for and in consideration of the full
and prompt performance of -the things to be performed by the Grantee
as hereinafter set out and contained, hereby grants to Grantee, a
right of way and easement to lay, construct, maintain, operate,
repair, renew and remove a pipe line and necessary attachments, for
storm drain purposes, in, under, along and across that certain real
property situate in the County of Orange,. State of California, de-
scribed as follows, to-wit:
A portion of the Southwest Quarter of Section Eleven,
Township Six South, Range Elaven West (pt. of SW-1/4 of Sec.
11, T. 6S., R. 11W.), S.B.B. & M., lying between the south-
westerly boundary line of Ocean. Avenue, 100 feet in width,
and the line of ordinary high tide of the Pacific Ocean.
Said pipe line shall be constructed within a 5-foot strip
of land, the centerline of which is described as follows:
Beginning at a point on said southwesterly boundaz,;
line, distant southeasterly thereon 4.50 feet from its
intersection with the southwesterly prolongation of the
northwesterly boundary line of Seventh Street in the City
of Huntington Beach; thence southwesterJy, parallel wit..
and 4.50 feet southeasterly of said southwesterly prolonga-
tion, to a point on said line of ordinary high tide of the
Pacific Ocean.
Grantee shall not interfere with or obstruct the use of said
premises by Grantors, or injure or interfere with any person or property
on or about said premises.
Grantee shall bury its pile line so that it will pass beneath
previously laid pipe li;ies which it may cross, and shall promptly and
properly backfill all excavations made by or for Grantee on the premises..
Grantee and its employees and agents, at any and all times
when necessary, shall have free access to the said pipe line, over such
reasonable route as Grantors may designate or approve, for the purpose
of exercising the rights hereby granted.
This grant of right of way is personal to Grantee and shall
not be assigned. by Grantee, in whole or in part, without the written
consent of Grantors first being had. No written consent by Grantors
hereunder shall be deemed a waiver by Grantors of any of the provisions
hereof, except to the extent of such consent.
1
.f .
AIM JaL
It is further understood and agreed that this agreement and
the tights and privileges herein given Grantee shall terminate in the
event that Grt-itee shall fail, for a period of one year, to maintain
and operate said pipe line.
Upon the termination o_ this grant of right o, way Granted
shaJI thereupon, at its own expense and risk, remove all pipe and
any other property placed '.y- or for Grantee upon said land, and restore
said prewd.ses as nearly as possible to the same state and condition
they were in prior to the construction of said pipe line, but, if it
should fail so to do within sixty (60) days after such termination,
Grantors may so do, at the risk of Grantee, and all cost and expense
of such removal and the restoration of said premises as aforesaid.,
together with interest -chere'on at the rate of ten. rvr ceGt per annum,
shall be paid by Grantee upon demand; and in case of a suit to en.£orce
or collect the same, Gran'Lee agrees to pay Grantors in addition a
reasonable attorney's fee to be fixed and allowed by the court.
Upon the termination of the rightE hereby granted, Grantee
shall execute anE deliver to Grantors, within thirty (30) days after
service of a written demand therefor, a goad a7;d sufficient quitclaim
deed to the riL `.5 hereby granted. Should Grantee fail or refuse to
deliver to Grantors a auit^laim deed, as aforesaid, a written notice
by Grantors reciting the failure or refusal of Grantee to execute
and deliver said quitclaim deed, as herein prc-idea, and terminating
said grant 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 of said grant.
Grantee shall carry public liability and property damage
insurance of the nature and in amounts from time to time required by
Grantors, but not exceeding public liability insurance in the amount
of $100,000 and property damage insurance in the amount of $50,000;
to protect Grantors &ad Standard 0il Company of California from and
against all loss, cost, liability and expense of any character with
respect to any claim or demand for injury to or death of persons, or
for damage to or loss of property or any expens6 directly or indirectly
arising out of or attributed to the exercise by Grantee, its agents,
servants, employees or invitees of the use of said leased area or the
exercise or enjoyment by Grantee or any of said persons of any privilege
hereby granted, Such public liability and property damage insurance
shall include Huntington Beach Company, Pacific Electric Tand Company,
Pacific Electric Railway Company and Standard 0il Company of California
as parties insured, and shall be carried with insurance companies
authorized to do insurance business in the State of California, and
the form of such policies shall be first approved in writing by Grantors.
A,ny notice provided herein to ba given by either party hereto
to the other may be served by depositinZ 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, and the saw shall be sufficient service of such notice.
Except as otherwise provided herein, the terms and conditions
of this agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto.
- 2
It is understood and agreed that this grant is made subject
to all valid and existing licenses, leases, grants, excaptious and
reservations affecting said premises.
IN 14ITNESS WRPMOF, the said parties hereto have caused this
agreement to be executed in, quadruplicate by their proper officers,
vho are thereunto duly authorized.
a,
HOTINGTON BEACH COMPAIrf
By "
esdent
By lft=
Assistant Secretary
PACIFIC ELECTRIC !AND COMPANY
By
v: "Pre si ent
By
Secret L-y
PACIFIC E,ECTRTC RAILWAY COMPAI`Y
By
Vi PIresiaen�
t
By
t i Secretary
a
CITY OF HUNTINGT.ON BEACH
By
P or
By
City Cleric
Y
E
H 6-13
STAADAM OIL COMPANY OF CALIFORNIA, holder of an oil and
gas lease covering the premises referred to in the attached grant of
right of way from Hunt-.-gton Beach Company, Pacific Electric Land
Company and Pacific Electric Railway Company, as Grantors, to the
City of Huntington Beach, a municipal corporation of the State of
California, as Grantee, dated March 21, 1955, does hereby consent
to said grant upon condition that all of the terms, conditions and
reservations therein contained shall inure to the benefit of said
Standard Oil Company of California as well as to the benefit of said
Huntington Bearh Company, Pacific Electric Land Company and Pacific
Electric Railway Company, and the CITY OF HU14TINGTON BEACH does
hereby accept this consent subject to the foregoing conditions.
Dated: _ March 22 1955•
STANDARD OIL COMPANY OF CALIE'OR111A.
By
Manager, Real Estate and ght
of Way Department
1
CITY OF HUNTINGTON BEACH
Moy� o,1. -
C-'`cy Clerk w
+s