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Home My WebLink AboutSOUTHERN CALIFORNIA EDISON (14)Return ORIGINAL executed copy to COTC, M-30 RECORDING REQUESTED BY A-2020-108 SOUTHERN CALIFORNIA EDISON WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services c SCE Doc. No. GRANT OF �.. EASEMENT CD low N O N O DOCUMENTARY TRANSFER TAX$ NONE Central O.C. TD1558542 VALUE AND CONSIDERATION LESS THAN $100.00) SCE CO any FIM - SM.OFDEOIARANTORAGENTDEfERMININGTAX FIMNAME AFN 002-020-37 GEOMATICS, LAND SLS/CO 05/01/20 B INFORMATION MANAGEMENT CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of poles, guy wires and anchors, crossarms, wires and other appurtenant fixtures and/or equipment necessary or useful, for distributing electrical energy and for transmitting intelligence, data and/or communications leg. through fiber optic cable), in, on, over, along and across that certain real property in the County of Orange, State of California, described as follows: TWO STRIPS OF LAND LYING WITHIN LOT 26 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, THE NORTHERLY LINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (8.00 FEET WIDE) BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 55 OF TRACT NO. 1471, AS PER MAP RECORDED IN BOOK 44, PAGES 2 AND 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, SAID SOUTHWESTERLY CORNER BEING IN THE SOUTHERLY BOUNDARY OF SAID TRACT NO. 1471; THENCE SOUTH 82°53'00" EAST, ALONG SAID SOUTHERLY BOUNDARY, 71.00 FEET TO A POINT OF ENDING. THE SOUTHERLY SIDELINE OF SAID STRIP IS TO BE SHORTENED TO TERMINATE WESTERLY IN THE EASTERLY LINE OF FLOWER STREET, 80.00 FEET WIDE, AS SHOWN ON SAID TRACT NO. 1471. STRIP #2 (4.00 FEET WIDE) BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 43 OF SAID TRACT NO. 1471, SAID SOUTHWESTERLY CORNER BEING IN THE SOUTHERLY BOUNDARY OF SAID TRACT NO. 1471; THENCE NORTH 86056' 12" EAST, ALONG SAID SOUTHERLY BOUNDARY, 395.00 FEET TO A POINT OF ENDING. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted. It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rights granted herein are subject to and limited by the following: Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its successors, and assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non- exclusive rights granted hereby, provided, however, that no improvements shall be constructed, placed, or permitted within, upon, under, or above the Easement Area until such construction and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have been obtained from Grantee after payment of normal processing fees. Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein- Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon, under, or above the Easement Area by Grantor shall be operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the occurrence of such damage. Grantor shall otherwise maintain the Easement Area. Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful misconduct of Grantor. Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shall anything in this Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in title of, any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to human health or the environment, including without limitation responsibility or liability relating to hazardous or toxic substances or materials. Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: DSE801885542 TD1558542 If to Grantor: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council If to Grantee: Souther California Edison Company 2 Innovation Way, 2nd Floor Pomona, CA 91768 Attn: Title and Real Estate Services or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. Warranty of Authority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof. Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and interpreted with, and shall be governed and enforced in all respects according to, the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Easement, signed by all of the parties hereto. Successors: This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition, or provision contained in this Easement. Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. DSE801885542 TD1558542 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written - ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose M 4 toya Deputy City Attorney FOR APPROVAL: Visayudloff FjAutive Director of Parks, Recreation and Community Services Agency GRANTOR: CITY OF SANTA ANA stine Ridge City Manager DSE801885542 TD1558542 ACKNOWLEDGMENT 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 Orange ) On June 3. 2020 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Ridge, who proved to me on the basis of satisfactory evidence to be the person) whose namepq is /9F6 subscribed to the within instrument and acknowledged to me that I /she/ttWy executed the same in Vs/her/Xir authorized capacit�), and that by jt/her/jb& signaturexon the instrument the person, or the entity upon behalf of which the person( acted, executed €he 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. YESENIA CAU2 Notary Public - California Orange County 9 Commission X May 2 42 My Comm. Expires May 1, 2022 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(ies), 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 (Seal) 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 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(ies), 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 (Seal) DSE801885542 TD1558542 GRANTEE SOUTHERN CALIFORNIA EDISON COMP , a corpora[io Signature aeajv Print Name Title 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 Countyof 010AIgC, ) On Maj I jyvV before me, V �LI�Y V.N� W�1 l � , a Notary Public, personally appeared r)c t r' r ILL , who proved to me on the basis of ence to b the persons) whose nante(s) is/are subscribed to the within instrument and acknowledged to me that satisfactory evid he/she/they executed the same in his/her/their authorized capacity(ies), 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. VICTORIA R. WALTERS _.� Notary Pub llc -California Si nature j� < = =� _ g Vim' (Seal) i :H� Orange County D Commission #r 2166691 My Comm. Ex Tres Oct 16, 2020 DSE801885542 TD1558542 SE UPPER RIGHT ----- EXHIBIT 1 — -�-- - �-� 2 FL0WER STREET R � � ---------. t ,-0 \ _o_ \ \ e 0 4 za % G m', @ a com (e § \ ' \ r C2 \§\ w � x J- m-d ƒ ® 2 . j / e_0 \ � 7G k/$\ �� $ /REnH 2 ~^52 / r to \ p co \ \ » G } M / | \ Fn § . p \ Ln / K t G : � \ \ \ \ : \ / CO }§§ `km CO,\ \ m \m ® > \ / / \ ' j \ ,\§ ~ H- 3E3wR 3R f ( ~ d � \\� { y § ■ , C3 �\ »a . ® r z ,| |k Z/ W.— —J | a = 05 13 6 \ s