HomeMy WebLinkAboutCC 11 RIGHT OF WAY 07-21-80DATE: JULY 15, 1980
CONSENT CAr,RNDAR
NO. 11
Inter-Corn
TO: DAN BLANKENSHIP, CITY ADMINISTRATOR
FROM: DALE WICK, ASSISTANT CITY ENGINEER
SUBJECT: RIGHT-OF-WAY ACQUISITION - AHFP PROJECT NO. 939 AND FO7 CHANNEL IMPROVEMENTS
The attached Road Easement Deed represents the right-of-way acquisition required
from the Southern California Edison Company for subject project. The document
has been executed by the Edison Company and is being dedicated at no cost to the
City.
This completes the right-of-way acquisition for this project.
RECOMMENDATION:
It is recommended that the City Council at its meeting of July 21, 1980, adopt a
minute order authorizing the Mayor to execute and the City Clerk to attest to the
acceptance certificate on the Road Easement Deed dedicating the right-of-way re-
quired for the construction of AHFP Project No. 939 and FO7 Channel Improvements.
DALE A. WICK
Assistant City Engineer
DAW:rve
cc: City Clerk
City Attorney
Location: City of Tustin
ROAD EASEMENT
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
hereinafter called "Grantor", does hereby grant to CITY OF TUSTIN,
a municipal corporation, hereinafter called "Grantee", an easement
for public street and highway purposes, in, on, under, over, along
and across that certain real property in the City of Tustin, County
of Orange, State of California, described as follows:
That portion of Lot 12, Block 44 of Irvine's Subdivi-
sion, as per map recorded in Book 1, page 88 of Miscellaneous
Maps, in the office of the County Recorder of said County
described as follows:
Beginning at the point of intersection of the center-
line of Bryan Avenue, 66 feet wide, with the centerline of
Browning Avenue, 60 feet wide, said point of intersection
also being the Westerly corner of said Lot 12; thence South
50° 01' 35" East, 90.00 feet; thence North 39° 55' 25" East,
parallel with said centerline of Browning Avenue, 33 feet,
to the Northeasterly line of said Bryan Avenue and the TRUE
POINT OF BEGINNING of this description; thence.continuing
North 39° 55' 25" East, 17.00 feet; thence South 50° 01' 35"
East, parallel with said centerline of Blyan Avenue, 113.34
feet to the beginning of a tangent curve, concave Northeast-
erly and having a radius of 659.55 feet; thence Southeasterly
along an arc of said curve an arc distance of 78.95 feet,
through a central angle of 06" 51' 30"; thence South 56° 53'
05" East, tangent to said curve, 48.24 feet, more or less,
to a line that is parallel with and 330.00 feet Southeasterly,
measured at right angles, from said centerline of Browning
Avenue; thence South 39° 55' 25" West, 27.48 feet, to said
Northeasterly line of Bryan Avenue; thence North 50" 01' 35"
West, 240.00 feet to said TRUE'POINT OF BEGINNING.
SUBJECT TO covenants, conditions, restrictions, reser-
vations, exceptions, encumbrances, rights, easements, leases
and licenses, affecting the above described real property or
any portion thereof, whether of record or not, including but
not limited to the following:
1. That certain easement for flood control purposes
and the right to construct, reconstruct, operate and maintain
a channel, embankments and/or dikes, protection fences, con-
duits and appurtenant structures for said purposes over a
strip of land 10 feet wide lying Northeasterly of and adjacent
to the Northeasterly line of Bryan Avenue, 66 feet wide, as
granted to the Orange County Flood Control District, by deed
recorded March 8, 1951, in Book 2161, page 560 of Official
Records of said Orange County.
Road Easement
S.C.E.Co., a corp., to
City of Tustin, a municipal corp.
Serial No. 53296A
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 distribution 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, petro-
leum, gas, water, or other substances, and conduits for any and all
purposes.
2. The said Easement shall be exercised so as not to
endanger or interfere with the construction, maintenance, use, oper-
ation, presence, repair, replacement, relocation, reconstruction or
removal of such electric transmission, distribution or communication
lines, pipelines, or other conduits.
3. 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 Grantor's 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 here-
by 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 negli-
gence of Grantor.
4. Grantee agrees that in the exercise of its rights
hereunder, its contractors, employees and other agents will maintain
a minimum clearance of 15 feet between their equipment and any and
all overhead electric conductors.
5. Grantor shall have full unobstructed access to its
facilities at all times and the right to clear, keep clear, and re-
move any and all obstructions of any kind at all times.
6. 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.
7. Grantor reserves for itself the right to trim any tree
or trees which may grow in or on the above described real property and
which, in the opinion of Grantor, endanger or interfere with the proper
operation or maintenance of said electric transmission, distribution
and communication lines, to the extent necessary to prevent any such
interference or danger.
8. The above described real property is to be used only
for the purposes specified herein and in the event:
Road Easement
S.C.E.Co., a corp., to
City of Tustin, a municipal corp.
Serial No. 53296A
(b) said real property shall be vacated as a
public street right of way; or
(c) the project for which this Easement is being
granted is abandoned,
the Easement shall thereupon, ipso facto, revert to and merge in the
interest of Grantor in the above described real property.
9. 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.
10. Grantee hereby recognizes Grantor's title and interest
in and to the above described real property and agrees never to assail
or resist Grantor's title or interest therein.
11. 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%).
12. The rights hereby granted are not necessary or useful
in the performance of the duties of said Grantor to the public.
13. Grantee agrees to provide one sixteen (16) foot com-
mercial type driveway with curb depression capable of supporting
forty (40) tons on a three-axle truck at such location as to be
specified by the Grantor
14. The use of the neuter gender herein will, when appro-
priate, be construed to mean either the masculine or feminine gender
or both. Unless expressly provided elsewhere, herein to the contrary,
the terms, covenants and conditions of this Easement inure to the bene-
fit 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 Right of Way and Land and
Assist~wr~ Secretary, th~r_eunto duly authorized this (~F/~ day of
, 19~/ .
By
C. J. Lowerison, Jr.
Manager of
Right of Way and Land
A~sistant Secretary
Road Easement
S.C.E.Co., a corp., to
City of Tustin, a municipal corp.
Serial No. 53296A
CITY OF TUSTIN 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
day of , 19 ·
CITY OF TUSTIN
By
By
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On this~7"/~day of ~///t~, , 19~0 , before
me Notary Public i~ and for said State// personally appeared
C.'J? Lowerison, Jr., known to me to be Manager of the Right of Way
and Land Department of Southern California Edison Company, the
corporation that executed the within instrument, known to me to be
the person who executed the within instrument on behalf of the
corporation herein named, and acknowledged to me that such corpora-
tion executed the same, pursuant to its by-laws or a resolution of
its board of direstOrs.
/
~ ~ OFFICIAL SEAL
WITNESS mv~ ~nd official seal. ~ ~ JOAN E
~ ~ Commission ~?r~ ~vember
STATE OF CALIFORNIA )
) SS.
CO NT LOS ANG .LES
On this ,?~,°h~ day of ~tc,~ , 19 ~' , before
me, a Notary Public in and for said Sta~Ye, personally appeared
l~.])..~n , known to me to be an Assistant
Secretary of Southern California Edison Company, the corporation
that executed the within instrument, known to me 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.
Road Easement
S.C.E.Co., a corp., to
City of Tustin, a municipal corp.
serial No. 53296A
STATE OF CALIFORNIA
COUNTY OF
On this day of , 19__,
before me, a Notary Public in and for said State, personally appeared
, known to me to be the
and , known to me to be the
of the City of Tustin, the municipal corporation that
executed the within instrument, and acknowledged to me that they exe-
cuted the same on behalf of such municipal corporation.
WITNESS my hand and official seal.
33'
BROWNING
78.95'
659.55'
A; 6° 5~' 50''
N. 3,9° 55' 25"E.
I b%)
I
AVE.
Z
33,'
46?.4
33'
LAND OWNED 8Y SOUIHERN CALIFORNIA
EDISON COMPANY, o ¢orporotion ¢ ~ 2555
BRYAN
LAND DESCRIBED IN EASEMENT TO
CITY OF TUSTIN FOR ROAD WIDENING
si. 55296A
SCALE: I" = 60'
~ s 43- 93
S~IBSTATION SITE
MAP SHOWING LOCATION OF LAND
DESCRIBED IN ROAD EASEMENT
TO THE CITY OF TUSTIN
CiTY OF TuSTIN ORANGE COUNTY