HomeMy WebLinkAboutSCE - Southern California Edison - 1963-04-21 (2) SOUTHERN CALIFORNIA EDISON COMPANY 1
LICENSE
( =t CM% PIPE LITIE =WD-CU t
I'IIIti :\t;I.L:1•MENT, made and cAered into as of nc�_ .__,21._, _.__day ef. .__9pr`,L_...__ _,. __,
i'+._., hY and be'%veen SOUTI I RN CALIFORNIA EDISON COMPANY, :; corporation, party of the
`ir�t Dart, hereinafter called the "Licensor,." anri f'_�,t" +1 $ y(" o
- — a corporation, party of the second part, hereinafter
rallea ,he uensee,"
\1'iT.XESSET:d: That the Licensor,for and in consideration of the sum of to be paid by
the Licensee up,ui the execution and delivery of this nstrtttr.ent„sr�rtlxlr*r�,����
t nlatut�zrr and the faithful performance b} the
Licen>ee of all of t!ie terms and covenants hereinafter s,-t forth on i'.s Dart to be performed, does hereby give
to said Licensee the license, from the date hereof until revoked or tt= .sinated as hereinafter provided, to
c.Iniruct, maintain, use, operate, repair, replace and/-r remove, upon tnd subject to the terms, covenants,
and conditions hereinafter set forth,
Cne 2- 1 f 2 inch water pipe lane
hereinafter referred to in whole or in part as "structures," for___. p!ve.YranCe of water
In,through,on and,or over that cert .in real property owned by the Licensor in the City of_.Hunfii__tQD,__
Beach _ County of 0--n-P ___, State a'' California, described as follows:
The ;~torch 10 feet of. the South 35 feet of the East 662.5 feet of the
Southwest quarter of the Northeasc quarter, and the North 10 feet of the South
3 feet of the Southeast guarte • of the Northeast quarter of Section 13, To-w-n-
sh:iTj 6 youth, Range 11 West, and the North 10 fee*: of the South 35 feet of the
quart°_r of the Nt,:-t.:west quarter of Section 16, 'Township 6 South,
=,ange 10 West, all in the Rancho I,as Boleas, as per map recorded. in Bcok 51,
parse 13, of Mdscellait:ouQ Maps, in the office of the County Recorder of said.
County.
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s
Sa-r,CT TV:
A reservation for roads, railroads and ditches over the East 30 feet
of said Section 13 and the West 30 feet of said Section 127 as res%roved in
that certain deed from Stearns Rancho Company, recorded April 5, 1.899 in Bork
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30, pa ;e lot of Deeds, in the office of said County Recorder.
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An easement Gated November 22, 1957, for flood control purposes from
_iouthern California Edison Company to Orange County ;+loud .'ontrol Distrf.ct.
Conditions, restrictions, reservations, exceptions, encumbrances,
rights and easements of fecting th t above described, proper"y, whether of record.
-)r nct, includir)Z but not limited to tiuose herein mentioned.
I '
Said license is given upon and subjeo to the terms, covenants, and conditions hereinafter set forth
which the Licensee hereby agrees }o comply with and perform:
1 Said License shall be so exercised and said structures shall be so constructed,maintained,used,open-
ater, repaired and/or removed, as not to damage, endanggt. or interfere with the construction, maintenance,
use, operation, presence, repair and/or reconstruction of any 4atisting pipe line or lines,or underground cable
or cables, electric or telephone Line or lines, os other �tructmres in, on, over, under or across said property,
or of any of the structures, electric transarission, distribution or telephone lines,pipe lines,or other facilities
or improvements of the Licensor, its successors or assigns,:toiv existing or bereafttr constructed,placed or
:maintained in, on, over, under or across said and sd}'oinind real property,and where crossing a pipa line or
,. ,. %.arc. -r CEl 1e9 Ot r le .icCtlStlr or Atliers it, out, over, urJer cr across ?malt i lard, thr
cen-ce shell place its said structures a rcasonably safe di<.Iance under or frs;m such pil,c line (r t;nts or
to ,ict nn:! cable cr cables. Lieviisep, shall give to Licensor tin (10) days prcvi,)n� notice in v.ritlt.l; esf
:Ill' titer .tnd place of ttte cGmmencemen of anv or;L u, be lrerforrned b;' L,SCen"c(: tinder this 1_Sieti4t.. in
th,, e,(nt Licence shall not perform a—, worn c.an s;•' real property u.xler this l.icwn.,e test the lTerirui of
,Ic roc ru,n:hs fr„Tn tha (late he:eof, ,. ,n this License and the rights of Licensee hereunder shalt ipso facto
cea-e and terminate.
2 The said license is given subject to all valid and existing easements, rights, leases,licenses, re.�e va-
ti, ;Is, and encumbrances, whether of record or not, affecting said property,or any portion *_here,.{.
3� And pipe line or underground cable constructed under this license shall be buried in the ground so
that the tap of such pipe line or underground cable :hall not be less than 84 inches below the surface of the
;round, and said pipe line or undergr,und cable shall be ri such type of construction and material as to be
sufficient and safe for the purposes 'or-vhich it is to be used and shall be co:structed in accordance with
�pecic:ations to be submitted to and approved by the Engineers of the Licensor t,efore work is commenced.
The Licensee shall promptly and properly replace ilte earth over said pipe line or underground cable and
shall so tamp or water-settle such earth to withstand r. •ross load of 23 tons on a 3 axle truck so that no
depressionr shall 'oQ left or s':all develop in the surface of the ground over said pipe fine or underground cable
:.nd said Licensee shall restore the surface of the ground to as near its original condition and appearance as
pos�ihle. Licensee shall give to Licensor twenty-four(24)lours previous notice in writing of the time and
place of any -work to be performed in connection with any back-filling over said pipe line or underground
cable. The location of any pipe l;ne or underground cable constructed under this License shall be ma.ked
(,n, ov and ac-oss said real prorurty and above said pipe line n-underground cable by permanent markers
c,)nsistin,,i of upright metal pipes of at least two (2) inches in diameter and extending approximately two
(") feet aoov,� th- surface of the ground, each marker to indicate the depth of the pipe line or underground
c•al)le and to he equipped with pointers indicating the dirccti 7 of the center line of such pipe line or under-
,-<lurtl cal e. Such markers shall be plz::zd by Lic_nsee at such locations on said real property as shall be
des:^na:eel by the licensor and shall be maintained in place and kept in good repair by Licensee.
4. Any pipe fine laid under tais license shall be constructed to withstand a pressure e-lual to at least
One Hundred a:.d F'ay Per Cent (1507o') of its maximum operat_r.g pressure, and shall be so tested upon
cotnplet'.on of its rons'ruction The Licensee shall give to the Lice:;sor twenty-four (24) hours previous
notice in ;riling of the time and place of testinr;said pipe line foe such pressure in order that a representa-
'ivP of the Licensor may be present.
.. n 1� IMP _�tr».-fo t_.,nrlFr_thic lirrncr chill h�r�tq}rl�rfiPrl in ratefnS an�i»nrlm, ,;tke man
ner and to the sa of the Licensor and in accordance w,I-, plans and specifications to be submitted
to and approved by the Engineers c f-the-i,i nsor before work is commenced. Al: such work shall con-
form (u all laws and regulations of the State of Ca t or, <, 1 commission, board, or municipality having
fi, Tl1.e Licensee hereby recognizes the title and interest of the Licensor in and to the above described
real proper-p. and agrees never to as;ai' )r resist the Licensor's title or interest therein, and further agrees
that Licensee twill, at no time claim the property of the Licensor,or any part thereof or any interest therein,
a- JlCdicaTed to public use by reason of the use of such property for any of the purposes herein provided for
or incidental thereto.
7. Said license is personal to the Licensee, and the Licensee shall no, assign or transfer this license,
or am- rinht hereunder, in A, hole or in part, withcut first securing the written consent of the Licensor there-
\o -written cnncert by tl::: Licensor hereunder shall be deemed a waiver by the Licensor of any of the
provisions hereof, except to the extent of such consent.
fi The Licensee agrees, for itself, its successors .and assigns,and for its and their agents and employees
and an; person nr person.; claiming tinder the Licensee, its successors or assigns, to save harmless and
;ndetrinifv tti, Licensor, its successors and assigns, anTi its and their officers,agents,employees,tenants and
licen.ees from and against all claims, demands loss, damage, actions, causes of action,, expense and/or lia-
i,ilitw arc:ir^or gl•mving out of loss of or datr,age to property or injury to or death of persons resulting in.
anv nii iner, directly or indirectly, from the constreeti-)n,maintenance.use,operation,repair,presence and/or
rent„vac of -aid structures, cr anv of then. The Licensee finther agrees that the Licensor,its successors and
thall not be liable for damage to said stru tares, or fo, any loss or damage sustained by the
T,irrncee or am• one claiming tinder the Licensee, occasioned by the construction,maintenance,operation,or
rre-enre of the trans„ -ion lines for elmttic energy, telephone lines and0or suppon;ng structures or other
:,TIT.r, vernen1s or fac•. .e, now or li-ieafter located in,on, over, under or across said or adjoining land of
t'te T,irensor.
o. Should the Licensor, its successors or assigns,at any time requii e th,: removal,reconstruction, alter-
atio i of ch;, ;e in the location of said structures, or anv of them, the Licensee shalt, at the Licensee's oxen
r'. eNpens�!, and risk, to remove, reconstruct, alter, or make changes in the location of said structures a
TnaV he required by tl,e Licensor and in a manner sati=factory to the Licensor, within sixty (60) days after
rec(trim, written notice from the Licensor so to do,
10. The Licensee, its successors or assigns, shall pay before delinquency, all taxes and assessments
f which eta•; he levied or assessed upon said structures, or anly of them, and Licensee agrees, for itself,its
ctTrCeccnrS and asci„ns, to indemnify and save harmless the Licensor„ its successors and assigns, from and
avainrt all liens and encumbrances wHch may arise,directly or indirectly,from the exercise by the Licensee,
it- tiicrescnrs or assigns,of the license her,,;bv.granted..
11 The parties hereto agree Oat this license rna r be cancelled and terminated by either the Licensor
or the T.icen,ee. at ;•:y time upon sixty (60) days notic2 in-%riling to that effect given by either party hereto
to the caper.in .which event the Ucenscee agrees to rent save said strtrctarca from said property* and to restore
�lte rrrrnind to as near its origin—al condition and a,pearan,e.As po sible within said periQJ of sixty(60)days,
At itc tole expense and risk. ANIh Aft
t
• •,r � :"_•ar;e ten the license hereby grani.ed shti}i tertninatc upon written notice to that effect
9:.c the 1_1(en,,r to the Licensee, and upon such termination the Licensee agrees to remove said struc-
u:r ttotn :he at :resaid property at its own expense and zi,k, within thirty (30) days from and after the
t :t,L; 1 such note c a, al..uresaid, and to restore the ground to as near its original condition and appearance
a� possthle.
13. In cal e of the failure or refusal of the Licensee to comply with and perform each and ail of the
Loins and cotenants on its part herein contained, the said license and all rights hereby given shall, at the
option of the Licensor, cease and terminate,and the Licensor shall have the right forthwith, to remove said.
,:ructures from the aforesaid property at the sole cost, expense, and risk of the .Licensee, which cost and
expense the Licensee agrees to pay to the Licensor upon demand, together with 77c interest from the dote
ot. expenditure by the Licensor.
1.4. I-• case the Licensor shall bring suit to compel performance of or to recover for breach of any
cw;enant, agreement,or condition herein contained, Licensee€_call and will pay to Licensor reasonable attor-
ne% f:�es in addition to the an•attn: of judgment and costs.
15. The Licensee agrees that it will not record this license.
16. Upon the termination of the rights hereby granted, the Licensee shall execute and deliver to the
i-.icen.or, within tl•irty �30) days after service of a written demand,therefor, a good and sufficient Quitclaim.
Deed of the rights arising hereunder. Should Licensee fail or refuse to deliver to Licensor a Quitclaim Deed
a -foresail, a written notice by Licensor reciting tl••.e fail!-- or refusal of Licensee to execute and deliver
said Quitclaim Deed as herein provided, terminating said license. stall, after ten(10)days from the date of
the recordation of _aid notice, be conclusive evidence against the Licensee and all per ons claiming under
the Licensee,of the tertnim.,tion of said license.
17. The notices provided in Laid agreement to be given by either party hereto to the other shall be
deemed to have been duly given when made in writing and deposited in the United States mail, registered
,in(? posta e prepaid, addressed as follows:
To the Licensor:
SOU'1' RN CALIFOPNIA ED130N COLCi.P1Y ,
601 Nest Fifth Street,
Los Angeles 17, California..
To the Licensee:
THF CITY OF AUMINGTON FBACE
P. u, Box 190
fluntington Beach, California
1,�. This license is given pursuant to the av'hority of and upon and subject to the conditions prescribed
b, General order No.69-B of the Public Utilities Cominissiort of tale State of California, dated anti effective '
Sept.lb 1963, which General Order No. 69-B by this reference, is hereby incorporated herein and made a
hart hereof.
i%\cep: a> herein otherwise provided, the provisions of this agreement shall inure to the benefit of and
t,c l inritnt, upon the parties hereto and their respective successors and assigns.
IN l ITNi .iS WHEREOF, said Licensor and. said 'Licensee have caw;.-d this instrument to be executed
i-n 'Iul•licate by their respective officers thereunto duly autlinrized, as of the day and year herein first above
1L"'IttCn.
SOUTHEM4 CALIFORNIA LMISON COMPANY,
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By— tskr;tfEr? _ Licensor -
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