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HomeMy WebLinkAboutDeeds & Easements_1-2017E RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91.768 TITLE &VALUATION SPACE ABOVE THIS LINE FOR RECORDERS USE Easement DOCUMENTARY TRANSFER TAX$ Sena]71340A Service Order 801513366 Location City of Redlands COMPUTED ON FULL VALUE OF PROPERTY CONVEYED APN 0167-071-25 OR COMPUTED ON FULL VALUE LESS LIENS AND APPROVED REAL PROPERTIES RP File No GRT203356222 ENCUMBRANCES REMAMING AT TIME OF SALE SO CALIF EDISON CO DEPARTMENT Affects SCE Doc 307963 SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY GS DATE 1Oil U116 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to CITY OF REDLANDS, a municipal corporation, hereinafter called Grantee , an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Redlands, County of San Bernardino, State of California, described as follows A portion of the West half of the East half of the Northwest quarter of the Southwest quarter of Section 1.5, Township 1 South, Range 3 West, San Bernardino Base and Meridian Said road easement is more particularly described on the Exhibit "A", and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not 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, petroleum, gas, water, or other substances, and conduits for any and all purposes 2 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 3 The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits Grant of Easement S C E , a corporation to City of Redlands Serial No 71340A RP File No GRT203356222 Affects SCE Document 307963 4 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 hereby 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 negligence of Grantor. 5 Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty (30 00) feet between their equipment and any and all overhead electric conductors 6 Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times 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 S The above described real property is to be used only for the purposes specified herein and in the event a said real property is not so used, b said real property shall be vacated as a public 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 Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given 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 Easement 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 or reversion of the rights herein given 10 As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement") shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor 2 Grant of Easement S C E , a corporation to City of Redlands Serial No 71340A RP File No GRT203356222 Affects SCE Document 307963 and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor 11 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 12 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 13 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%) 14 This Grant of Easement is executed subject to General Order No 69-C, of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated herein by this reference 15 Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison's right of way and/or rendered immobile 16 Grantee agrees to provide twenty (20)-foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40) tons on a three axle truck at (such/a) locations specified by the Grantor 17 Grantee agrees to maintain the above described real property 18 In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to pay Grantor in addition to any other recovery or relief for which Grantor may be entitled, a reasonable attorney's fee to be fixed and allowed by the Court 19 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 its principal place of business 20 Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described real property 21 Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than thirty six (36) inches below the surface of the ground, shall be capable of supporting three- axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used 22 Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible 3 Grant of Easement S C E , a corporation to City of Redlands Serial No 71340A RP File No GRT203356222 Affects SCE Document 307963 23 Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150%) of its maximum operating pressure 24 The two-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor 25 By the acceptance hereof, the Grantee agrees to indemnify Grantor, its officers, agents, and/or employees, from any and all liability, loss, or damage to which Grantor, its officers, agents, and/or employees may be subjected as the result of any act or omission by Grantee, its officers, agents or employees arising out of the exercise by Grantee, its officers, agents, or employees, of any of the rights granted to it by this instrument 26 Upon the termination or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said road and restore said above described real property as nearly as possible to the same state and condition that it was in prior to any construction of said facilities, but if it should fail to do so within sixty (60) days after such termination, Grantor may do so at the nsk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten percent (10%) per annum shall be paid by Grantee upon demand 27 Grantee agrees that all fencing and metallic structures installed within the above described real property shall be adequately grounded 28 Grantee agrees that no additional structures will be installed on the above described real property 29 Grantee agrees that the construction of the road must be adequately sloped, so as to provide Grantor through access across the above described real property 30 Grantee agrees not to store flammable materials nor store any vehicle on the above described real property 31 Any trees or plants within the above described real property shall be maintained by Grantee and shall not exceed a height of fifteen (15) feet 32 Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described real property, so as to prevent dust contamination of Grantor's facilities 33 The use of the neuter gender herein will, when appropriate, 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 shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto 4 Grant of Easement S C E , a corporation to City of Redlands Serial No 71340A RP File No GRT203356222 Affects SCE Document 307963 IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this day of 20 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By Carol Okray Senior Land Services Agent Land Management Division Real Properties Department A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of ) On before me a Notary Public, personally appeared_____ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature 5 Grant of Easement S C E , a corporation to City of Redlands Serial No 71340A RP File No GRT203356222 Affects SCE Document 307963 This is to certify that the interest in real property conveyed by the deed or grant dated by SOUTHERN CALIFORNIA EDSION COMPANY, a corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Redlands pursuant to the authority conferred by Resolution No 6756 of the City Council of the City of Redlands adopted on September 3, 2008, and the grantee consents to the recordation thereof by its duly authorized officer DAZNEnrn4iqueee0z, Cait4yager of this 3R1� c� (A � , 2017 BY ATTEST: <7�> C- 0,0w� 6,?(nne TTEST: C- S,?nne Donaldson, City Clerk 6 EXHIBIT "A" SERIAL 71340A DESCRIPTION OF PROPERTY A P N 0167-071-25 Real property located in the City of Redlands, County of San Bernardino, State of California, described as follows A portion of the Southerly 25 00 feet of the Northerly 33 00 feet of the West half of the East half of the Northwest quarter of the Southwest quarter of Section 15, Township 1 South, Range 3 West, S B B and M as conveyed to the Grantors herein by deed recorded February 29, 1972, in Book 7872, Pages 193 through 194, inclusive, of Official Records, more precisely described as follows COMMENCING at the southeast corner of the land conveyed by said deed, THENCE N 89°57'14" W along the south line of said land a distance of 150 52 feet to the TRUE POINT of BEGINNING, THENCE N 00°10'31" W a distance of 4 92 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 20 00 feet, THENCE northerly northeasterly and easterly along said curve through a central angle of 90°13'17" an arc length of 31 49 feet to a point of cusp, said point being on the north line of said land, THENCE N 89057'14" W along said north line a distance of 100 00 feet to a point of cusp, THENCE easterly, southeasterly and southerly along a curve, concave southwesterly, having a radius of 20 00 feet, through a central angle of 89°46'43" an arc length of 31 34 feet, THENCE S 00°10'31" E a distance of 5 08 feet to a point on the south line of said land, THENCE S 89°57'14" E along said south line a distance of 60 00 feet to the TRUE POINT of BEGINNING Contains 1,672 square feet, more or less See Exhibit B attached hereto and made a part hereof Prepared by Dan Guerra & Associates 10271-B Trademark Street Rancho Cucamonga, CA 91730 (909) 987-4306 August 4, 2016 Daniel E Guerra, P Date _ RCE 2 224 — EXHIBIT II B II r � FOR ROADWAY .EASEMENT SCALE 1"=50, � ` PLAT TO ACCOMPANY LEGAL DESCRIPTIONo 0 25 50 ' r �, z C E 29 24 `TT CN IL OF CAO� NORTH LINE 7872/193-194 O.R CENTER SECTION LINE SECTION 15 p I o I DC ESTIC AVE SCE S C.E. �� L2 G� inJJ�r D R, 80`17143-5 D;? A.P.NL3 14 - , L1 I DJ67- 071- 3 � - N 8957'14 W 15052' I DT D ��� � T P O.B. POC SOUTH LINE 7872/193-194 0 R J CURVE DATA TABLE LINE DATA TABLE rA;14''t J41;�c� DELTA RADIUS ARC LENGTH ARI NG DISTANCE s�q C 1 90'13'17" 20 00' 3149' L 1 N 00 10'31" W 4 92' <� C2 89'46'43" 20 00' 31 34' L2 N 89 57'14" W 100 00' L3 S 00'10'31" E 5 08' L4 S 89'57'14" E 60 00' EASEVENT TO CITY OF REDLANDS 1,672 S.F. (0 038 AC) Page 1 of 1