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HomeMy WebLinkAbout1983-01-24 - Easement City of Huntington Beach ,I! CONFORMED COPY RECORDING REQUESTED BY Not Compared with Original AND WHEN RECORDED MAIL TO: RECORDED IN OFFICIAL RECOFIps CHEVRON U.S.A. OF ORANGE COUNTY,CALIF08NIA P.O. Box 606 EXEMPT La Habra, CA 90631 C 2 '10 05 AM JUN 2 3 '83 �f C1-/G/� ,1� - — C Gt'S✓�b,ei, RECOFNTY DEp Documentary Transfer Tax None X Computed on full value of property conveyed, or �� Computed on Full Value Less Liens and Encumbrances Remaining Thereon at time of Sale Signature of Declarant By ELECTRICAL LINE EASEMENT AGREEMENT THIS AGREEMENT, dated the day of , 198j3, by and between the CITY OF HUNTINGTON BEAC , a municipal corporation hereinafter termed "Grantor", and CHEVRON U.S.A. INC., a California corporation, hereinafter termed "Grantee", I. Grantor, 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 for a term beginning the date hereof, and ending as set forth in paragraph 2. hereof and under the terms, and conditions, and provisions hereinafter contained, a right of way and easement to construct, use, maintain, alter, add to, repair, replace and remove in, on, along, across, over and under the real property hereinafter described, situate in the County of Orange, State of California, an electric line consisting of a conduit(s), wires, cables, appliances, equipment and other fixtures, for conveying electric energy and for operating and maintaining the same (hereinafter called facilities) to be used by Grantee partly for its operations under that certain oil and gas lease dated February 1, 1976 between the United States of America, as Lessor, and Chevron U.S.A. Inc., successor in interest to Standard Oil Company of California, as Lessee (said lease being sometimes referred to as "OCS-P 0296"), and partly for Grantee's operations pursuant to those certain oil and gas leases between Huntington Beach Company, as Lessor, and Standard Oil Company of California, as Lessee, dated September 27, 1919 (recorded in Book 11, Page 217, of Misc. Records, Orange County Recorders Office) and September 2, 1920 (recorded on October 22, 1920, in Book 15, Page 276, of Misc. Records, Orange County Recorders Office). The real property referred to above (hereinafter called "said premises") is described as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. -1- 2. Subject to prior termination as hereinafter provided, this grant shall terminate or expire, as the case may be, upon the last to terminate or expire of said oil and gas lease dated February 1, 1976, between the United States of America, as Lessor, and Chevron U.S.A. Inc., as Lessee (said lease being sometimes referred to as "OCS-P 0296"), or of said oil and gas leases between Huntington Beach Company, as Lessor, and Standard Oil Company of California, as Lessee, dated September 27, 1919, and September 2, 1920, respectively, at which time all interest of the Grantee herein named or its successors or assigns, shall revert to and become the exclusive property of the Grantor herein named or its successors or assigns. 3. Grantee shall not interfere with or obstruct use of the surface of said premises by the City or injure or interfere with any person or property on or about said premises except as specified herein. 4. Grantee shall bury its electrical line under the surface of the ground so that it will pass beneath previously laid pipe lines which it may cross, and so that it shall be at all points at least thirty-six inches (36") below the surface of the ground, and shall promptly and properly back-fill and compact all excavations made by or for Grantee on said premises. Certain of the facilities may protrude above the surface of the ground, but only in a manner and to an extent so as not to unreasonably interfere with Grantor's or the public's use of said surface. In connection with excavations made hereunder, Grantee shall ascertain and plainly mark during all times that work is being performed the exact location of all of its facilities which may be below the surface of the ground or otherwise not plainly visible. Grantee hereby accepts sole responsibility for so doing and shall be solely liable for all loss, damage, injury or death caused or contributed to by any lack of or improper marking. 5. Grantee, at its sole cost and expense, may maintain, operate, repair, renew, replace and relocate the facilities and shall maintain and repair or cause to be maintained and repaired the electrical conduit vault covers located on the surface of said premises. 6. Grantee, at its sole risk and expense, shall do all things necessary to assure that the facilities laid and/or constructed hereunder will not be damaged by, and hereby waives all claims for damage to said facilities resulting from electrolysis or similar action resulting from or connected with the operation of any existing or future cathodic protection system on or in the vicinity of said premises. 7. Grantee and its employees, agents, and contractors shall have free access to said facilities over the surface of said premises for the purpose of exercising the rights herein granted. Any damage to the surface of said premises caused by Grantee's exercise of its rights under this Paragraph 7. shall be repaired by Grantee at its sole expense and restored to its condition immediately prior to such exercise. -2- 8. Upon the violation by Grantee of any of the terms and conditions set forth herein and the failure to commence to remedy the same within ninety (90) days after written notice from Grantor to do so, then at the option of Grantor this agreement and the rights herein granted to Grantee shall forthwith terminate. 9. Upon the termination of the rights herein granted, if Grantor so requests, Grantee shall at its own risk and expense remove the facilities and any other property placed by or for Grantee upon said premises hereunder and restore said premises as nearly as practicable to the same state and condition they were in prior to any construction of the facilities, but if it should fail to do so within ninety (90) days after such termination, Grantor 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 thereon at the maximum rate permitted by law shall be paid by Grantee upon demand; and in case of a suit to enforce or collect the same, Grantee agrees to pay Grantor in addition a reasonable attorney's fee to be fixed and allowed by the court. 10. Upon the termination of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of written demand therefor, a good and sufficient quitclaim deed to the rights herein granted. 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 agreement 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 C-f the rights. 11. Grantee shall pay, before the same become delinquent, all charges, taxes, rates and assessments upon or against the facilities placed by or for Grantee upon said premises hereunder, but Grantor may at all times after any delinquency pay and discharge all of such delinquent charges, taxes, rates and assessments after reasonable verification thereof, and all such payments so made by Grantor, with interest thereon at the maximum rate permitted by law from date of payment, shall be paid by Grantee upon demand. The amount of such payments and interest shall be a charge and lien against all facilities, and in case of a suit after such demand to enforce or collect the same, Grantee agrees to pay Grantor in addition thereto a reasonable attorney's fee to be fixed and allowed by the court. 12. Grantee shall be responsible for, and shall pay the party or parties entitled to payment for, any damage to or loss of property, or injury to or death of person, that directly or indirectly may be caused by or arise or result from the exercise or enjoyment of any of the rights herein given, and shall hold Grantor harmless from and indemnify Grantor against any damage to or loss of property, or injury to or death of any person unless such damage arises out of the gross negligence or willful misconduct of Grantor. Grantee agrees to hold Grantor harmless from, and to indemnify and defend Grantor against, any damage to or loss of property of Grantee in, on, or about said premises, or injury to or death of any person on or about said premises on behalf -3- of or at the invitation of Grantee, but excluding those situations where such claims arise out of the gross negligence or willful misconduct of Grantor. 13. 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 the following addresses, and the same shall be sufficient service of such notice. CITY OF HUNTINGTON BEACH CHEVRON U.S.A. INC. 2000 Main Street P. O. Box 606 Huntington Beach, CA 92647 La Habra, CA 90631 Attn: City Clerk 14. 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. 15. This grant is made subject to all valid and existing licenses, leases, grants, exceptions, reservations and conditions affecting said premises. IN WITNESS WHEREOF, the parties hereto have executed this agreement. CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST: By R.� r0 )1 �t . Mayor APPROVED AS TO FORM: 3/0 2- . ,d — INITIATED AND APPROVED: City Attorney APPROVED AS TO CONTENT: Director of Public Works City Administrator CHEVRON U.S.A. INC. � By sistant a ary -4- LEGAL DESCRIPTI0N Chevron Electrical Duct Easement That portion of Palm Avenue in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 166, Pages 10 and 11 of Parcel Maps in the office of the County Recorder of said County included within a strip of land, 10. 00 feet in width, the southwesterly line of said strip being described as follows : Commencing at the northwesterly terminus of that certain course shown as "North 46°03' 28" West 1505. 13 feet" for a portion of the centerline of Palm Avenue , 100. 00 feet in width, as shown on said map, said point being the beginning of a tangent curve concave northeasterly having a radius of 900. 00 feet ; thence northwesterly 41. 28 feet along said curve and said centerline through a central angle of 2°37140"; thence South 46°34112" West 50. 00 feet to the southwesterly line of said Palm Avenue , as shown on said map, said point being on a curve concave north- easterly having a radius of 950. 00 feet , a radial to said point bears South 46'34112" West , said point being also the TRUE POINT OF BEGINNING; thence along said southwesterly line the following courses: Southeasterly 4 3. 57 feet along said curve through a -central angle of 2"37' 40". South 46'03128" East 1503. 13 feet to the begin- ning of a tangent curve concave northeasterly having a radius of 950. 00 feet, southeasterly 137_ 97 feet along said curve through a central angle of 8D1913511_ EXHIBIT A TO ELECTRICAL LINE EASEMENT AGREEMENT BETWEEN THE CITY OF .HUNTINGTON BEACH, HUNTINGTON BEACH CO. , SEACLIFF ESTATES AND CHEVRON USA, INC. DATED: January , 19B3 WALDEN ASSOCIATES, Inc. LEGAL DESCRIPTION 4002 Rest Garry Avenue, Suite B Chevron Electrical Duct Easement Santa Ana,California 92704 (714) 549-9649 CIVIL ENGINEERING LAND SURVEYING 76-145-0 Date 9/22/82 ENVIRONMENTAL PLANNING WO_No_IIh�1 En9r. Chk. SheetL Of 2 L m �Af- L 4- . . ►. f TRUE �aINT of 8 t�lN1tJ�� . PM IL �Aaj goo.00 U3 Pot MT o F . GoM MEt1 titAT z Lo IUD ro 4o' �v t = LJ lTl �1 >A- � j 1� r= 9 So.oo' 1-- 1 1 J ,-g 0 N WALDEN & ASSOCIATES, Inc. TO I�OMPAN`(- 4002 West Garry Avenue, Suite B t�{] \l. 17EC7(X—AVT10N Santa Ana, California 92704 G(.��v�-0N E�����.t✓ E�t�E MGh�T (7I4) 549-fi649 CIVIL ENGINEERING TV( STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) aw On this 6,,9 day of ai GZ , 194P`3 , before me, _ a Notary Public in and for said CoLdfty and CKate, personally appeared 'RObQ jAt 7}. A4A,,,,d,� , $e_ , known to me to be the Mayor and /9L 4(tA . W(;Ajf u)c)12 M, , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that 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 meet suchcoation executed the same. w OFFICIAL SEAL ``_: ��' `• CONNIE A . BROCKWAY NOTARY FU6UC CALIFORNIA � PRINCIPAL OFFICE IN wC/ Cz ORANGE COUNTY MY COMMISSION EXPIRES OCT 10 1985 i 1 RESOLVED: That the President, a Senior Vice-President, a Vice- President, a Regional Vice-President, the Treasurer, the Secretary, an Assistant Secretary, an Assistant Treasurer, or a duly appointed Attorney-in-Fact of this corporation, be and each of them is hereby empowered in such capacity or as Agents or as Attorneys-in-Fact for this corporation, to execute for and on behalf of this corporation (without the necessity of affixing the corporate seal) all papers requiring execution in the name of this corporation, excepting no authority is conferred by this resolution for execution of any of the following: 1. leases to others covering oil, gas or other hydrocarbon or non- hydrocarbon minerals underlying fee lands of this corporation, or deeds or conveyances to others covering fee lands of this corporation, other than rights of way and similar easements, where either book value or sale price exceeds $500,000; 2. documents, instruments or promissory notes in support of any borrowings; provided, however, that promissory notes and other documents given as consideration for the acquisition of real or personal property shall not be deemed to constitute a borrowing; 3. documents or agreements establishing bank accounts in the name of this corporation, or withdrawing of funds or closing of any bank accounts of this corporation, and be it further RESOLVED: That each party empowered by this resolution is authorized to affix the seal of this corporation to such papers as require a seal and to acknowledge and deliver any such papers as fully as if special authority were granted in each particular instance; and be it further RESOLVED: That the President or a Senior Vice-President of this corporation be and each of them is hereby empowered on behalf of this corporation to appoint any person or persons whom they or any one of them may deem proper as Attorney or Attorneys-in-Fact of this corporation for a term not to exceed one year with such powers said persons or any of them may lawfully do by virtue of the authority herein granted to them; and be it further RESOLVED: That the resolutions granting similar authority December 30, 1976, February 10, 1977, and February 9, 1981, be and the same are hereby rescinded. I, M. M. Dryden, Assistant Secretary of CHEVRON U.S.A. INC. , a California corporation, do hereby certify that the foregoing is a full, true and correct copy of certain resolutions unanimously adopted at a meeting of the Board of Directors of said corporation held at the office of said corporation in San Francisco, California, on April 2, 1981, and that said resolutions are in full force and unrevoked. WITNESS my hand and seal of said corporation this 12th day of January, 1983. Assistant Secretary REQUEOFOR CITY COUNCII&CTION „��Pw Date January 6 , 1983 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrato PP ED By CITY COUNCIL Prepared by: Paul E. Cook, Director of Public 6 or s Subject: Chevron USA Electrical Line Easement greement, T-Jckto—iDA-9-- __ � ----- CITY CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: It/ STATEMENT OF ISSUE: Chevron USA, Inc. has requested an easement for their existing electrical line in Palm Avenue. RECOMMENDATION: Approve the Electrical Line Easement Agreement between the City and Chevron USA, Inc.* ANALYSIS: Seacliff Estates has dedicated Palm Avenue to the City in conjunction with developing Seacliff IV. Chevron USA, Inc. has determined that a portion of their electrical line lies within Palm Avenue and has requested an easement rather than relocating their facilities. FUNDING SOURCE: No funding necessary. ATTACHMENT: Agreement. *Approval should be conditioned upon receipt of a corporate resolution or other evidence that the party signing on behalf of Chevron has authority to do so. CWT:PEC:WAP: jy P10 4/81 CERTIFICATE OF INCUMBENCY I, M. M. Dryden, Assistant Secretary of Chevron U.S.A. Inc. (hereinafter called the "Company"), a California corporation, DO HEREBY CERTIFY that the below-named person has been duly elected, has duly qualified, and this day is an officer of the Company, holding the office set forth opposite his name: Name Title J. D. Froggatt Assistant Secretary WITNESS my hand and the seal of the Company this 12th day of January, 1983. �.✓�`j�s�zl �iv�' M. M. Dry n Assistant Secretary