HomeMy WebLinkAboutSCE - Southern California Edison - 1966-11-28 (2) 5'
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July 17, 1968
City of Huntington Deach
P. C. Boa 190
Huutir,vg 4o a Beaa•xa, California 9264E
Attention; Mr. 2aul C. Jos s
City Clem
5*s. jectt Barre-31lis Transmission l,Yrm Right ,t Way
ConsanL for Road Purposoa to City of Huntington
Beach Oust Fi?, No. 3-68-0-40®0
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Attached is a fully executed Consssct for. the wfAeaaing of
tha east We of Magnolia Stzestt across our Transmission r
Lim Right of Flay.
This Vzr a3t has beau granted in aceordame with they request
COD made in fir. John K. Mandrell`a ]getter of March 8, 1968,
As than portion of our Tranomiscloo LLvA Right of Way is
easement oly, and as the City bas provided C:-tisou with
(� adequate accoss, there will be mo charges involved for
the astta cbed Consent. Will you please, however,; per d Baas
a certified copy of the resoldtion of accept3aact by the
Buntington Mach City Cavacil.
Yours very truly,
Ralph C. Riser. Cisdrict Manager
By:R. P.
Dle..s iot Representative
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Atta
cbment
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Southern California Edison Company {:n
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P. o. Box 111
HUNTING'foN 5FACH, CALIFORNIA 92648
EIALPH C.}U9FR February 18, 1969 � 77
9,.TRI:T MANAGER
City o; 11a7atington Beazo
P. 0. Sox 190
Huntington Beach, California 92648
Attention: Mr. Paul C. Jones, City Clerk
C�rltleme n:
Walkway Across Soitheru California Edison Co.
Barre Ellis Transmission mine Right of Way
Between Brookhu: .t anti Ward. Streets
License Serial No. 36048-•A.
We recently received a Certificate of Insurance renewing liability coverage
for the City of Huntington Beach for the subject walkway from January 1, 1969
to January 1, 1974. The renewal Certificate does not comply with the terms
of the original license .agrnerinnt. The specific requirements for insurance
provisiuns are as follows:
1. Bodily Injury end Property Damage liability coverage
with limits of $500,000.
2. Contractual liability.
3. Edison to be named as an additional insured.
4. Other insurance to remaiv as excess.
5. 30-day cancel- to notice.
Would you please ask your insurance carrier to furnish us evidence of insurance
as required by terms of the subject license.
Very truly yours,
Ralph t b`Kiser, District Manager
RCK:RPB:imr
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7
CERTIFICATE OF INSURANCE
SOUTHERN 9 CALIFOMA BDISON COMPANY
HUMINGTON BEAOHp CALIs^+OPMIA
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific
Indemnity Company. Should any change occur in this insurance, the undersigned will andeavor to give written l
_notice to the holder of this certificate, but failure to give such notice shall impose no obligation or liability upon 1
the company or the undersigned.
Name of Insured CITY OF HUNT INct3TON BEACH, et al
Address of Insured HUNT WTON PEACH, OMANGE COUNTY, CALIFORIQ.LA
Location of Risk Barr;--EI..l is transwission line right of way, between
Prookbu- at and Ward Streets.
Description of Risk
I
Worki._en's Compensation: Policy No. Term:from to
Comprehensive Liability: Policy No.LP 10013 Term:from s f Z f 64 to 1 fI/69
Bodily Injury 'Liability$10O,OQQ, each person. $300,000. each occurrence. $ aggregate.
Property Damage Liability—Automobile $ each accident.
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Property Damage Liability—Except Automobile $100,OO£}, each-mddc .x0?40ttrrence aggregate.
Owners', Landlords' and Tenants' Liability: ❑ Policy No.
M.'anufacturers' and Contractors' Liability: ❑ Ter-.i:from to
Bodily Injury Liability$ each person. $ each accident. $ aggregate.
Property Damage Liability $ each accident. $ aggregate.
Policy No. Term:from to
REMARKS:
Certified this 4th day of Janta.Rr7 191
By
Form.M0058a 35OM 862
M7
January 11, 1967
Ur. Ralph C. Kiser, District Manager
Souther. California Edison Company
538 Main Street
HuntinLton Beach, California
f r
j Dear Mr. Kiser:
Enclosed herewith is a copy of the insura;ice certificate
naming Southern California Edison Company as an addition-
al insured, cs specified by the agreement for use of your
Li Sarre Ellis transmission line right-of-way betreen
Erookhurst and Ward Streets, for walkway purposes.
If further information is required, please feel free
to contaht this office.
Sincerely yours,
V'
Paul C. Jones
City Clerk
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INGTpyd
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CITY OF
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y =o CAI..IFORNTIA
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December 14, 1.966 OA
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yMr. Ralph C. M ser, District Manager
Southern California Edison Company
531 a:ain Street
Uuntington Beach, California
Dear Yz. :riser:
Enclosed is your executed copy of the license agreement which
pro-vides for use of your Barre Ellis transmission Line riclht of
we between Droc' ,iu,st and Taro Streets, for walkway purposes,
a certifies dopy of the City Coancil's minute action authorizing
execution of the agreement:, and the City's check in the amount
of $100 to cover the processing fee.
An insurance: certificate Naming Southern California Edison
Company as an additional insured as specified by the agreement
will, be forwarded directly to you by our insurance carrier,
Jones-Gillespie, Inc.
Yours very truly,
Doyle Miller
City Administrator
DX:b*wo
Sou#here California Edison Company t 2 ,
Huntington Beach, California S3
December 1, 1966
7
City of Huntington Beach
P. 0. Box 190
Huntington leach, California
Attention: ter. Paul C. Jones, City Cleric
Gentlemen:
Enclosed is a License Agreement which provides for use of our Barre
Ellis transmission line right of way, between Brookhurst and Ward
Streets, for walkway pi..rposes.
Would you please have this agreement executed and return the "Vault
Copy" for our records. The original of the agreement may be retained
by the City, as it has been fully executed by out Company.
Would you also provide a certified copy of the Revolution authorizing
acceptance of the License for Sidewalk Purposes by the City.
A certified copy of the insurance policy, naming Southern California
Edison Conpany as an additional insured, in the amounts specified, as
outlined in Exhibit "A", page 2, paragraph G, of the agreement is also
required.
This license is presented on a gratis basis to date of termination,
which is indefinite, so we wx11 require your check in the amount of
$100 to cover the processing fee, only.
Yours very truly,
_Ralph Kiser, Aisfrict Mama -r
RCK: RPB:bg
Enclosure
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THIS t-IR1NT IS FOR INFORMATIONAL.PU^,n.'> rre;f!"F.Y J. O. M +l-
42.90
AND SHOUJ-0 NOT SE MADE R rPft k'r c,F A:s V .tom ..«:...-MT, 714 f?74-
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6Edg to Q'� SOUTHERN CALIFOR_PRA EDISON CO.
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1 BARRE-ELLIS TRANSMISSION LINE
RIGHT"OF-WAX
2
LICENSE FOR SIDEWALK PURPOSES
3I
q. I THIS AGREEMENT, made and entered in o as of the 28th
d
5 day of _ November 1966, by and between SOU;xHFRN
6 CALIFORNIA EDISON COMPANY, a corporation, organized under the
7 laws of the State of California, party of the first part, here-
8 inafter called the "Licensor", and the CITY OF HUNTINGTON BEACH,
9 a municipal corporation, party of the second part, hereinafter
10 called the "Licensee",
11 14 1 T H E S W E T H
12 That the Licensor, for and in consideration of the
' 13 faithful performance by the Licensee of the terms, covenants
4
lA and agreements hereinafter so,- forth to be kept and perfo•cmed
1.5 by the Licensee, does hereby give to the Licensee the license
' 16 to construct, ,use and main-:ain a walkway in, on, over and across �
is 17 a strip of land, eight (8) feet in width, lying within that
18 certain real property in 'the City of Huntington Beach, County of
a- �e
19 Orange, State of California, described ae follows:
20 That portion of the South 200.00 feet of
�"- the Northeast quarter of the Northwest quarter
` ® 21. of Section 5 , Township 6 South, Range 10 West,
I = in the Rancho Los Balsas , as per map recorded
22 in Book 51, page 14 of Miscellaneous Maps , as
conveyed to Southern California Edison Company
23 by those certain deeds recorded in Book 3013,
30 and to Book 4180 page 60
page � T' g , both of
24 Official Records, in the office of the County
Recorder of said County, the West line of said
25 strip of land 8.00 feet wide, being a line
U 4 described as follows:
26
!_ 4 Beginning at the Southwest corner of Lot A i
sae 27 of Tract No. 5026, as per map recorded in Book
194, pages 27 to 29, inc 1us i.ve of Maps , in the
28 office of the County Recorder of said County;
t Southerly
hence orlon- the Southi prolongation of the
��;� thence o Y p ro t i�
o Westerly line of said Lot A, South 010 24 21
East, 200 feet, more or less , to a point in the
30 Southerly line of the real property conveyed to y.
Southern California Edison Company by said deed
31 recorded in Book 3013, page 30 of said Official
3;2
Records.
ORIGINAL
4"01241/441D
1 SUBJECT TO covenants , conditions, restric-
tions I reservations, exceptions , rights and
2 easements whether of record or not including,
but not in .limitation of the generality of the
3 foregoing, the following;
4 I The reservation of the use and control o::
cienegas and natural streams of water, if any,
5 I� naturally upon, flowing across; into or by said
tract, and the right of way for and to construct,
6 irrigation or drainage ditches through said Tact
to irrigate or drain the adjacent land, as re-
7 served in the deed from The Stearns Ranchos
Company, recorded .Tune 17, 1899, in Book 30, page
8 172 of Deeds , in the office of the County Re-
corder of said County.
9
That certain unrecorded license dated May 5,
10 1966, for horticultural purposes , as granted to
11 G. Ross Starkenburg.
12 This said License is given upon and subject to the
13 terms, covenants , and conditions set forth in Exhibit "A", which
14 are designated as paragraphs 1 through 16 and are attached
15 hereto and by this reference made a part hereof, and those set
16 forth hereinafter, all of which the Licensee hereby agrees to
17 comply with and perform.
18 17. Unless otherwise terminated, as provided herein,
19 the term of this License shall be for an indefinite term, com-
20 mencing on the lst day of November, 1966.
21 18. Any relocation of Licensor°s facilities which is
?2 required by virtue of the rights granted Linder this T,icense,
23 will be completed at no expense to Licensor. �
24 19. Any and all costs for improvements on the
25 Licensed Walkway, or for improvements which are required under
26 this License, are to be completed at no expense to Licensor.
27 20. Licensee will provide 12-foot commercial type
28 driveway approaches, capable of supporting 23 tons, on the east
29 and west sides of the Licensed Walkway, the center line of said
30 approaches to be located 21-feet north of the south line of
31 Licensor's right of way.
32 21. Licensee shall install at each driveway location
2
1 12-foot double drive gates.
2 22. Licensee shall install and mai.nta-i a 6-foot chain
3 link fence on the Licensed Walkway parallel with the east and
4 west sides of said walkway.
5 � 23. Licensee agrees to maintain a 25-foot clearance
6 from all structures and a 15-foot clearance f-_om all overhead
7 conductors.
8 IN WITNESS WHEREOF, the parties hereto have caused
9 finis instrument to be executed Ln duplicate as of the day and
10 vear herein first above written.
11 SOUTH 'RN CALIFORNIA EDISON COMPANY
1? ( r / 1
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14
may,;15 Ass .- Secretary
.�
NA
' 16 LICENSOR
t� 17
1.8
19 CITY OF HUNTINGTON BEACH
20 By ti M € O Ts
21 i�„Y.. � �,��
22 ( By
CITY CLERK
23
24
LICENSEE
25
26
2'7
28
29
30
31
32
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ORIGINAL
EXHIBIT "A" TO LICENSE AGREEMENT
1 DATED
BY AND BETWEEN SOUTHERN CAT FORNIA EDISON
2j COMPANY AND CITY OF HUNTINGTON BEACH
_ 4
3
4 1. Said License shall be exercised so as not to damage,I
5 endanger or interfere with the construction, maintenance, use,
6 operation, presence, repair, reconst_uction and/or removal of any
7 � existing pipeline or lines, electric or telephone line or lines,
Eor other structures in, on or over the Licensed Property, or of
9 any of the structures, electric transmission, distribution or
_0ytelephone lines, pipelines, or other facilities or improvements of ,
11 the Licensor, its successors or ag3igns, now existing or hereafter
aI
121constructed, placed or maintained in, on or over the Licensed
13Property and/or adjoining land of the Licensor,
144 2 . The Licensee hereby recognizes the title and
15 interest of the Licensor in and to the Licensed Property, and
16 agrees never to assail or resist the Licensor's title or interest
17 therein, and further agrees that Licensee will at no time claim
18 the property of the Licensor, or any part thereof cr any inter-
19 est therein, as dedicated to public use by reason of the use of
20 such property for any of the purposes herein provided for or
21 incidental thereto.
22 3. Said License is personal to the Licensee, and the
23 Licensee shall not assign or transfer this License, or any right
24 "hereunder, in whole or in part, without first securing the
25 written consent of the Licensor thereto. No written consent by
26 I the Licensor hereunder shall be deemed a waiver by the Licensor
27 �iof any of the provisions hereof, except to the extent of such
28 consent.
29 4. The Licensee agrees, for itself, its successors
W and assigns, and for its and their agents and employees and any
31 person or persons claiming under the Licensee, its successors or
32 assigns, to save harmless and indemnify the Licensor, its
I successors and assigns, and its and their officers, agents,
2 employ-; �;_enants and licensees from and against all claims,
3 demand ., _ os, damage, actions, causes of action, expense and/or
lab lil , .Ar,iAng or growing out of loss of or damage to property,
5 includf.na Licen.sor's own property, or injury to or death of
6 persons resulting in any manner, directly or indirectly, from
7 the exercise of the rights granted hereunder. The Licensee
8 further agrees that the Licensor, its successors and assigns,
9 shall not be liable for any loss or damage sustained by the
10 Licensee or anyone claiming under the Licensee, occasir;ized by
11 the construction, maintenance, operation, or presence of the
12 transmission lines for electric energy, telephone lines and/or.
13 supporting structures or other improvements or facilities now
14 or hereafter located in, on or over the Licensed Property or
15 adjoining land of the Licensor,
16 5. Licensee agrees that, in the exercise of its
17 rights under this License, it will conform to all laws, ordi-
18 nances , rules or regulations applicable thereto.
19 6. Licensee agrees to secure and keep in force, so
20 long as this License has not been canceled or terminated or
21 has not expired, comprehensive bodily injury aced property damage
22 liability insurance with limits as follows : not less than
23 One Hundred Thousand Dollars ($ 100,000.00)
24 for injury to or death of one person in rmy one occurrence; not
25 less than Three Hundred Thousand Dollar
26 ($300,000.00 ) for injury to or death of two or more persons
27 in any one occurrence; and not less than (fie Hundred_ Thousand
28 Dollars �— ($100,000.0 J ) for
29 damage to property in an one occurrence. It is further agreed
g P Y Y
30 that such insurance will be placed with co»pani�:s and be in a
31 ` form satisfactory to 'Licensor p,nd shall, be in the name of
32
7m-20-65
l
. . .
t
I Licensee with Licensor named therein as an additional assured.
2 Licensee agrees that certificates of the insurance policy or.
3 ( policies, specifying the limits of such coverage and of the
4 inclusion of the above-described provisions, shall be furnisher
5 to Licensor and shall not be canceled until ten (10) days prior
6 written notice thereof shall have been given to Licensor by
7 U. S. Mail, postage prepaid, directed to Southern California
8 Edison Company, Insurance Division, P. 0. Box 351, Los Angeles,
9 California 90053. Licensee further agrees that:
�0 (a) The insurance so sracured and main=-a1i aed
11 shall include a cross-liability clause specifying that the
12 intent thereof is to protect eact person, firm, corporation or
13 other organization named as an insured in the same manner as
1.4 though a separate policy had been issued to each such person,
15 firm, corporation or other organization;
16 (b) The insurance so secured and maintained
17 shall specifically provide that any other insurance carried by
18 Licensor which may be applicable shall be deemed excess and
19 non-contributing and Licensee's insurance primary, despite any
20 conflicting provisions to the contrary; ana
21 (c) The said insurance shai.l contain an
22 endorsement providing that such insurance coverage as is pro-
23 vided for therein shall apply to the obligations assumed by
24 Licensee under this License.
25 7. The Licensee, its successors or assigns, shall pay
26 before delinquency, all taxes and assessments which may be levie
F
27 or assessed upon property which is placed upon the Licensed Prop
28 erty pursuan= to this License, and Licensee agrees, foT itself,
29 its successors and assigns, to indemnify and save harmless the
30 Licensor, its successors and assigns, from and against all liens
31 and encumbrances which may arise, directly or indirectly, from
32 the exeicl-se by the Licensee, its successors or assigns, of the
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2 License hereby granted.
21 8. The parties hereto agree that this License may be
3 canceled and terminated by either the Licensor or the Licensee, at
a ( any time upon thirty (30) days ' notice in writing to that effect' 1
5 given by either party hereto to the other. In such event or when
6 the License expires, the Licensee agrees to remove at that time
7 its property from the Licensed Property and to restore the ground
8ito as near its :original condition and appearance as possible
91 within said period of thirty (30) days, at its sole expense and
10 risk. No such termination or cancellation or expiration hereof
11i shall release Licensee from any liability or obligation (whether R
I
12 { of indemnity or otherwise) which n„.y have attached or accrued pre- )
17 vious to or which may be accruing at the time of and/or by reason
14 of such termination or cancellation or expiration. 1
15 9. In the event the use of said Licensed Property {
i
16 shall be abandoned by Licensee or said Licensed Property s'iall
17 not be used by Licensee for the period of one (1) year, then the
18 License hereby granted shall terminate upon written notice to
19Ithat effect given by the Licensor to the Licensee, and upon such
20lterminati.on the Licensee agrees to remove its property from the
21 �ILicensed Property at its own expense and risk, within thirty
221 (30) days from and after the giving of such notice as aforesaid,
23 and to restore the ground to as near its original condition and
24lappearance as possible.
25 10. In case of the failure or refusal of the Licensee
a
26 to comply with and perform each and all of the terms and cove-
27 nants on its part herein contained, the said License and all
28 rights hereby gilt' a shall, at the option of the Licensor, cease
29 and terminate, and the Licensor shall have the right forthwith
4;
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30 to remove Licensee's property from the Licensed Property at the
31 sole cost, expense, and risk of the Licensee, which cost and
32 expense the Licensee agrees to pay to the Licensor upon demand,
7
Y .... - �:i" '.a134e .':yr. •H.' i't:,nY't. .'a.`�� ,r _-� � ,
1 together with seven per cent %) interest from the date of
2 expenditure by the Licensor.
3 11. In. case the Licensor shall bring suit to compel
4 I performance of or to recover for breach of any covenant, agree-
5 ment, or condition herein contained and such suit results in a
6 ,judgment fox the Licensor, Licensee will pay to Licensor reason-
7 able attorneys ' fees in addition to the amount of judgment and
8 costs .
9 12 . The Licensee agrees that it will not record this
10 License.
11 13. The notices provided in this License to be given
12 by either party hereto to the other shall. be 4eemed to have been
1.3 duly given when made in writing and deposited in the U. S. Mail,
14 registered and postage prepaid, addressed as follows :
15 To the Licensor: Southern California Edison Company
P. 0. Box 351
16 Los Angeles, California 90053
17 To the Licensee: City of Huntington Beach
City Hall
18 Huntington Beach, Cali.foznia
19
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20 14. This License is given pursuant to the authority
21 of and upon and subject to the conditions prescribed by General
22 Order No. 69-B of the Public Utilities Commission of the State
{
23 of California, dated and effective September 10, 1963, which
24 General Order No. 69-B, by this reference, is he::eby incorporated
25 1 herein and made a part hereof.
26 15. Except as herein otherwise provided, the
27 provisions of this agreeMent shall inure to the benefit of and
1
28 be binding upon the parties hereto and their respective succes-
29 sors and assigns.
30 16 . The neuter form of expression as used herein
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31 shall include the masculine and/or feminine genders, where
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32 applicable.
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