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HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON -1995t~N~ ~.. BICYCLE PATH LICENSE RP Ffle No. P76S016-1-29 c~, THIS AGREEMENT, made and entered into as of the _l~~~day of ~~c:~.x~.~o.~ 1995, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a j 1 epFporation he einafter called "Licensor", and CITY OF SANTA ANA hereinafter called the "LICENSEE": WITNESSETH THAT the Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forfh to be kept and performed by the Licensee, does hereby give the Licensee, for a term of ten (10) years commencing on January 1, 1996 and ending on December 31, 2005, the license, to construct, maintain, and use a bicycle path, the approximate location of which fs shown on the shaded azea on the map attached hereto mazked EXFIIBIT "A" and by this reference made a part hereof, which said approximated location is on, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, lying within flue (5) strips of land of varying widths, hereinafter described and designated STRIP 1, STRIP 2, STRIP 3, STRIP 4, and STRIP 5, said strips of land aze described as follows: STRIP 1: That portion of the Southwest quarter of Section 28, Township 5 South, Range 10 West, >n the Rancho Las Bolsas, as per map recorded in Book 51, page 12 of Miscellaneous Maps, in the office of the County Recorder of said Orange County, lying within a strip of land, 10.00 feet wide, the centerline being described as follows: BEGINNING at a point in a line parallel with and distant Northerly 47.40 feet, measured at right angles to the Southerly line of said Section 28, said point being 34.57 feet Easterly, measured along said pazallel line from the East line of said Southwest quarter of Section 28, said point being the beginning of a curve, tangent to said parallel line, concave Northeasterly and having a radius of 125.00 feet; thence Northwesterly along the arc of said curve to a point of reverse curve, concave Southwesterly and having a radius of 125.00 feet, said last mentioned cure being tangent to a line parallel with and distant Northerly 62.00 feet, measured at right angles to said Southerly line of Section 28; thence Northwesterly along the arc of said reverse curve to the point of tangency with said last mentioned parallel line; thence Wester]y along said last mentioned pazallel line 48.00 feet to a point hereinafter refen•ed to as Point "A". 1 '-' - STRIP 2: That portion of the Southwest quarter of Section 28, Township 5 South, Range 10 West, In the Rancho Las Bolsas, as per map recorded In Book 51, page 12 of Miscellaneous Maps In the office of the County Recorder of said Orange County, Iy1ng within a trapezoidal shaped strip of land described as follows: BEGINNING at Point "A", hereinbefore referred to In STRIP 1; thence Northerly along the Westerly line of said STRIP I, a distance of 5.00 feet to the Northwest comer of said STRIP 1; thence Northwesterly 136.62 feet along a straight line to a point distant Northerly, 80.00 feet, measured at right angles, to said Southerly line of Section 28, said point being on a line perpendicular to said Southerly line; thence Southerly along said perpendicular line 18.00 feet to a point hereinafter referred to as Point "B"; thence continuing Southerly along said perpendicular line 18.00 feet; thence Northeasterly along a straight line to the Southwest comer of said STRIP 1; thence Northerly along said Westerly line 5.00 feet to the Point of Beginning. STRIP 3: That portion of the Southwest quarter of Section 28, Township 5 South, Range 10 West, In the Rancho Las Bolsas, as per map recorded In Book 51, page 12 of MIscellaneous Maps, In the office of the County Recorder of said Orange County, Iy1ng within a strip of land, 36.00 feet wide, the centerline being described as follows: BEGINNING at said Point "B", hereinbefore referred to In STRIP 2, said Point "B" being In a line parallel with and distant Northerly 62.00 feet, measured at right angles, from said Southerly line of Section 28, said Point "B" also being the point of tangency of said parallel line to a curve concave Northeasterly having a radius of 70.00 feet; thence Northwesterly along the arc of said curve through a central angle of 600 17' 35", a distance of 73.66 feet to the beginning of a compound curve concave Easterly, having a radius of 125.00 feet; thence Northwesterly along the arc of said compound curve through a central angel of 370 19' 33", a a distance of 81.43 feet, to a point In a tangent line; thence Northerly along said tangent line 200.00 feet. EXCEPTING TIiEREFROM that portion thereof lying Northwesterly of the Southeasterly line of the land described In the deed to the Orange County Flood Control District. recorded December 28, 1960 In Book 5566, page 215 of Official Records, In the office of the County Recorder of said Orange County. 2 - - STRIP 4: The Northerly 25.00 feet of the Southerly 77.00 feet of the Southeast quarter of the Southeast quarter of Section 28. Township 5 South, Range 10 West, In the Rancho Las Bolsas, as per map recorded In Book 51, page 12 of Miscellaneous Maps, In the office of the County Recorder of said orange County. EXCEPTING THEREFROM those portions thereof granted for street purposes by those certain Instruments recorded In Book 1146, page 553, and In Book 4679, page 402, and In Book 4734, page 212. and In Book 4768, page 210. all of Official Records In the office of the County Recorded of said Orange County. STRIP 5: That portion of Parcel "B" as per map ffied In Book 49, page 13, of Parcel Maps. In the office of the County Recorder of said Orange County lying within a strip of land, 25.00 feet wide, the Northerly line of said strip of land being 70,00 feet Southerly, measured at right angles to the following described line. BEGINNING at the Northwest corner of said Parcel "B", thence North 880 45' 45" East, 192.66 feet: thence South 880 22' 30" East, 140.17 feet: thence North 880 45' 45" East, 750.61 feet to the Northeast corner of said Parcel "B". EXCEPTING THEREFROM that portion thereof described In that certain easement for street purposes recorded In Book 4368, page 154 of Official Records In the office of the County Recorder of said Orange County. ALSO EXCEPTING THEREFROM that porllon thereof described In that certain easement for access purposes recorded In Book 10533. page 610 of OffiCial Records In the office of the County Recorder of said County. SUBJECT TO covenants. conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and I1censes. affecting the above described real property or any portion thereof, whether of record or not, including but not I1rnlted to the following: 3 - - (1) An easement for pole llne purposes, affecting the herelnabove described STRIP 3, granted to Southern California Edison Company by instrument recorded August 16, 1956 in Book 3613, page 120 of Official Records tn the office of the County Recorder of said Orange County. (2) An easement for public utility purposes, affecting the heretnabove described STRIP 5, recorded tn Book 8472, page 129. of said Official Records. (3) An easement for underground telephone cables, affecting the heretnabove described STRIP 5, granted to Pacific Telephone and Telegraph Co. by Instrument recorded tn Book 8841. page 473, of said Official Records. (4) Those ceriatn easements for road purposes. affecting the herelnabove described STRIP 5, granted to James R. Rittermal, et aI, by Instrument recorded tn Book 11058, page 482 and tn Book 11243, page 1131, both of said Official Records. (5) An easement for road purposes, affecting the heretnabove described STRIP 4, granted to the City of Santa Ana by Instrument recorded tn Book 13043, page 732, of said OfficIal Records. (6) An unrecorded license dated September 15, 1977, for plpellne purposes, affecting the heretnabove described STRIP 5. granted to Southern California Gas Company. (7) An unrecorded license dated April 26, 1979, for landscaptng and sign purposes affecting the heretnabove described STRIP 4, granted to Wells Fargo Bank. (8) An unrecorded license dated December 2, 1982 for vehicular access purposes, affecting the heretnabove described STRIP 2. granted to Transmix Corporation. (9) An unrecorded license dated August 30, 1983 for vehicular access and conveyor purposes, affecting the heretnabove described STRIP 5. granted to Associated Concrete Co. ThiS license is given upon and subject to the terms, covenants and conditions heretnafter set forth, which LIcensee by the acceptance of thiS Instrument agrees to comply with and perform: 1. The term of thiS License shall be ten (10) years commencing on January I, 1996, and termtnattng on December 31, 2005 unless sooner termtnated as heretn provided solely for the purposes and uses speclfled tn this 1lcense. Licensee agrees to pay to the Licensor the sum of One Hundred Fifty and 00/100 ($150.00) Dollars per year annually tn advance for the use of the real property covered by the wlthtn License. Licensee agrees to pay the first of such annual installments of 4 - - One Hundred Fifty and 00/100 ($150.00) Dollars upon the execution hereof and to pay further instalhnents of One Hundred Fifty and 00/100 ($150.00) Dollars each on the first day of January of each and every year that the within License Is in existence. 2. This License Is given subject to all valid and existing covenants, conditions. restrictions. exceptions, liens, licenses, reservations, easements, leases, rights and encumbrances, whether of record or not. affecting the above-described property. or any portion thereof, in addition to the matters hereinabove referred to. 3. Licensee hereby recognizes the title and interest of Licensor In and to the above- described strips of land, and agrees never to assail or resists said title or interest, and further agrees that It will at no time claim the property of Licensor, or any part thereof or any interest therein, as dedicated to public use by reason of the use of such property for any of the purposes herein provided for or incidental thereto. 4. SaId strip ofland shall be used for a bicycle path hereunder only in such manner as not to damage. endanger or interfere with the use. maintenance. operation. removal. repair. construction or reconstruction of any of the structures. communication lines. distribution or transmission lines for electric energy of Licensor now or hereafter located in, on. over, along. across, or under said or adjo1n1ng property of Licensor. 5. Should Licensor. Its successors or assIgnS, at any time require the alteration or change in the location of said path. Licensee shall. at Licensee's own cost. expense and risk. so reconstruct. alter or make changes in the location of said path as may be required by Licensor and in a manner satisfactory to Licensor within sixty (60) days after receiving written notice from Licensor so to do. 6. Licensee agrees, for itself, for its agents and employees, and any person or persons clalm1ng under Licensee to indemnify and save harmless Licensor Its successors and assIgnS, and any of Its and their officers. agents, licenseeS and employees, from any an<;l all claims, demands, loss, damage. actions, expense and/or liability. including court costs and attorney's fees, whether to any persons or to any property, including the property of Licensor to which Licensor or said parties may be put or subject, resulting in any manner. directly or indirectly. from the maintenance,use, operation, repair, presence and physical condition of the strip of land described in this License or the bicycle path facilities established by Licensee under the term of this License, or otherwise, notwithstanding the circumstances that Licensor mayor may not also be alleged and/or determined to have been concurrently or otherwise negligent (including active negligence) and/or to have jointly caused or contributed by such negligence (including active negligence) to any such claims, demands, loss, damage. actions, expense and/or liability in any such case. Licensee further hereby agrees to 5 - - indemnIfY and hold harmless Ucensor. Its successors and assigns, and its and their offiCers, agents. employees and licensees. from any and all claims. demands, loss, damage, actions, expense and/or liability, Including court costs and attorney's fees, whether to persons or to property, including the property of Ucensor in any manner arising out of or resulting from activities of Ucensor, its successors and assigns, In the washing of insulators on and adjacent to said property and other maintenance or repair work required to be performed by LiCensor notwithstanding the circumstances that Ucensor mayor may not also be alleged and/or determined to have been concurrently or otherwise negligent (including active negligence) and/or to have jointly caused or contributed by negligence (including active negligence) to any such claims, demands, loss, damage, expense and/or liability In any such case. 7. The License hereby given Is personal to Ucensee and Ucensee agrees that It will not assign or transfer this LiCense, or any right hereunder. In whole or In part, without first securing the written consent of LiCensor thereto. Any such assignment or transfer without the written permission of Licensor shall be void. No written consent by Ucensor hereunder shall be deemed a waiver by LiCensor of any of the provisiOns hereof, except to the extent of such consent. 8. As a controlling part of the consideration for the execution and delivery of this Ucense by LiCensor, Ucensee covenants, for itself, its successors and assigns. to construct and maintain the bicycle path to be located on the above-described property at its own expense. The bICycle path shall be constructed as approved In advance by Ucensor and Ucensee shall maintain the path in a safe condition and In a condition satisfactory to Ucensor at all times. 9. Ucensor shall not be responsible In any manner for pacing or keeping said strips of land In passable condition; and LiCensee agrees to keep said property of Ucensor free from all liens and encumbrances by reason of any materials furnished or work done on said strips of land by Ucensee in placing or keeping said strips of and in passable condition and repair. 10. It is expressly understood and agreed that the Ucense hereby given to use said strips of land for a bicycle path, as hereinabove set forth, may be revoked and cancelled at any time by either of the parties to this agreement by giving one hundred twenty (120) days written notice to the other of its desire to so cancel this Ucense. All privileges hereunder shall automatically cease and terminate one hundred twenty (120) days after the date of receipt of such written notice .by one party hereto from the other party. No termination of this agreement shall release Ucensee from any liability or obligation, whether of Indemnity or otherwise, which may have attached accrued previous to or which may be accruing at the time of such termination. 6 - - 11. In case of the fallure or refusal of Licensee to perform the terms and covenants on its part herein contained the License hereby given shall, at the option of Licensor, Immediately cease and terminate. 12. Any notice provided in this agreement to be given by one party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered/ or certlfied and postage prepaid, addressed as follows: Real Properties Department Southern California Edison Company 14803 Chestnut Street Westminster, CA 92683-5240 (except notices to Edison's Insurance Manager which shall be addressed in accordance with paragraph 19 herein). To Licensor: To Licensee: Director of Transportation Services City of Santa Ana Post Office Box 1988 Santa Ana, California 92702 13. This License is given pursuant to the authortty of and upon and subject to the conditions prescrtbed by General Order No. 69-C of the Public Utilities Commission of the State of California, dated and effective July 10, 1985, which General Order No. 69-C, by this reference is hereby incorporated herein and made a part hereof. 14. Except as herein otherwise provided, the provisions of this agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. 15.The location of the real property hereinabove descrtbed is shown on that particular Southern California Edison Company prtnt, attached hereto, beartng Sertal Number 50809A 16. All plants or trees located on the licensed premises shall be maintained by Licensee and Licensee shall trtm or remove any tree or other planting which exceeds fifteen (15) feet in height. Notwithstanding any obligation of Licensee to limit the height or any tree, foliage or plant, Licensor reselVes for itself, its successors and assigns, the rtght to trim any tree or trees which may grow in or on the real property which is subject to this License, and which in the opinion of Licensor, its successors and assigns, endanger or interfere with the proper operation or maintenance of said electrtc transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger. 17. Adequate access to all licensor structures must be provided, and at no time is there to be any interference with the movement of Licensor's equipment, matertals and/ or employees. 7 - - 18. Licensee agrees that in the exercise of its privileges hereunder, its contractors, employees, or other agents will maintain a clearance between any and all equipment operating or placed within the boundaries of the Licensed Properly of at least seventeen (17) feet from any and all overhead electric conductors. or such greater distance as determined by Licensor to meet safety requirements. All equipment used by Licensee. its contractors. employees. or other agents In the construction on the bicycle path shall be maintained at a minimum distance of twenty-five (25) feet from all structures of LIcensor. 19. The Licensee further agrees to secure and keep in force. so long as that License has not been cancelled or terminated or has not. expired, comprehensive bodily Injury and properly damage liability insurance, including contractualliabillty, with a combined single limit of not less than ONE MILLION DOlLARS ($1,000,000.00). Such insurance is to be placed with companies and be In a form satisfactory to Licensor and shall be in the name of the Licensee with Licensor named therein as an additional assured. It is further agreed that the policy so secured and maintained shall specifically provide that any other insurance carried by Licensor which may be applicable shall be deemed excess and non-contributing and the Licensee's insurance primary despite any conflicting provisions to the contrary: and the said Insurance shall contain an endorsement providing that such Insurance coverage as is provided for therein shall apply to the obligations assumed by the Licensee under this License. The policy herein shall further provide that In the event of a material change or cancellation. the insurance underwriters are required to furnish Licensor thirty (30) days prior written notice of any change or cancellation by registered mall directed to Southern California Edison Company. Post Office Box 800, 2244 Walnut Grove Avenue, Rosemead, California 91770. attention the Insurance Manager. Certified copies of said Insurance policy or policies shall be furnished to Licensor. 20. Licensee shall post the licensed area for bicycle path use only. The licensed area shall also be posted by the Licensee as a not motorcycling. motorbiking, horseback riding. hunting. picnicking or camping area. 21. The licensed area is to be used for blcycl1ng only. Licensee agrees not to use or to permit the use of any motorbikes, motorcycles, other vehicles or horseback riding on the licensed area. and Licensee agrees that it will not permit the area to be used as a picnic area or playground. Licensee further agrees that it will not park or allow the parking of any motor vehicles. including motorbikes. or motorcycles on any portion of said licensed area. 22. No kite flying or model airplanes or any other activity which could cause contact with overhead conductors shall be permitted on licensed premises. 8 - - 23. Licensee further agrees that It will be responsible for regularly policing and patrolling the licensed area and for removing unauthorized persons. Licensee agrees to diligently pursue and remedy or adjust any complaints made by adjolnlng property owners or any other person concerning or arISing out of the use of the bicycle path. 24. No termtnatlon or cancellation hereof shall release the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have atttached or accrued previous to or which ay be accruing at the time of such termtnatlon or cancellation. 25. No permanent or possessory Interest shall accrue to the Licensee In the described premises by reason of this agreement or by exercise of the permission given Including the construction, maintenance and use of Improvements. 26. In addition to any other Indemnification provision of this License, Licensee specifically agrees to save harmless and indemnify Licensor, Its officers, agents, employees. licensees and Its successors and assigns, from and against all claims, loss, damage, actions, causes of action, expense and/or lIabUlty from damage or Injury to the property of the Southern California Gas Company and Wells Fargo Bank (licensees In those certain unrecorded Licensees for pipeline and landscaping and sign purposes referred to above) arising or resulting In any manner whatsoever dtrectly or indirectly. by reason of this License or the use or occupancy of the premises by the Licensee or any person claiming under he Licensee. 27. Licensee agrees to relocate, erect and maintain at Its sole cost and expense gates or fences or both at those locations as may be required by Licensor. Such gates or fences or both shall be erected In accordance with specifications as required by Licensor. Licensee further agrees that the bicycle path shall be constructed In accordance with construction details and specifications as approved In writing In advance by LIcensor and shall be maintained In such a manner as to be capable of carrying the weight of whatever vehicle Licensor may desire to utilize upon, across or over the licensed area In connection with the construction. maintenance, removal, repair, alteration or reconstruction of the structures. cornrnu'nlcatlon lines, distribution or transmission lines for electric energy of Licensor now or hereafter located In, on. over, along. across or under said property or adjolnlng property of Licensor. 9 - - 28. If required at any time by the Ucensor, Ucensee shall provide at Its own expense access roads and patrol roads to be located at a location specified by the Ucensor. Said roads shall be twelve (12) feet in width, capable of supporting a gross load of forty (40) tons on a three-axle truck. and maintained by the Ucensee, at the Ucensee's expense, so as to be passable at all times. They shall also be kept clear of any planting of other obstructions at all times so as to prOvIde any access to Ucensor's facilltles. 29. Removable post-type barriers, set In cement and so equipped as to accommodate Ucensor's locks, shall be provided by Ucensee at such locations as desIgnated by Ucensor. 30. Ucensee agrees that during any period of construction activity. it will periodically water down the construction area within the licensed real property. so as to prevent dust contamination of the Ucensor's facllltles. 31 Ucensee shall not place or store any flammable materials within the boundaries of the licensed property and will not permit others within its control to do so. 32. Licensee agrees that any underground facilities installed by it within said real property shall have a minimum cover of three (3) feet. 33 Additional structures wl1l not be permitted on the licensed property. 34. The Ucensee further agrees that It wl1l not commit any waste or damage, nor suffer any to be done on said described property; that it wl1l at all times keep said property free from weeds, brush and all accumulation of Inflammable material and growth; that it wl1l keep said premises clean, free from rubbish and debris, and in a condition satisfactory to Ucensor; and that it wl1l guard against and wl1l not permit nor suffer any fire upon said property. Ucensee also agrees not to commit or to suffer any nuisance upon said property either by way of dust, odors or noise, and Ucensee agrees to take preventive action to eliminate such dust, odors or noise which may disturb the adjacent or nearby community and agrees to be responsible, assume all liability and hold harmless and indemnify Ucensor for such dust, odor or noise disturbances. 35. Ucensor reserves the right to close all or any part of the bicycle path for construction. maintenance, removal, repair, alteration or reconstruction of any of the structures, communication . . lines, distribution or transmission lines for electric energy of Ucensor now or hereafter located, In on, over, along, across or under said property or adjolnlng property of Ucensor. 10 -' - 36 Licensee agrees to be responsible for erosion control of the llcensed property and shall be responsible for water flow onto private property resulting from the bicycle path. The Licensee shall be responsible for and agrees to perform any corrective work deemed necessary by Licensor to protect Licensor's facillties. In addition to any other indemnlflcation provision of this License. Licensee specifically agrees to save harmless and indemnify Licensor. its successors and assigns. its officers. agents employees and llcensees from and against all claimS, loss, damage, actions, causes of action, expense and/or llability from damage or injury to any persons or to any property. including the property of Licensor arising or resulting in any manner, directly or indirectly, from any water flow or alteration or modiflcation of the surface water flow due to Licensee's construction, maintenance and use of the bicycle path permitted by this License. or Licensee's failure to take proper erosion control measures upon the llcensed property. 37. The existence. validity. construction. operation and effect of his llcense and all of its terms and provision shall be determined in accordance with the laws of the State of california. 38 Licensee agrees that it will obey all laws. ordinances. rules and regulations appllcable to the care and use of the llcensed premises and/ or required in connection with the construction. use and maintenance of the bicycle path and that it will assume all expense and the full amount of any and all special assessment or assessments in connection with the construction. use and maintenance of said bicycle path. 39. In case of a suit to enforce any terms, convenants or conditions of this License. Licensee agrees to pay Licensor in addition to any other recovery or rellef to which Licensor may be entitle. a reasonable attorney's fee to be fuc:ed and allowed by the Court. 40 It is understood and agreed that the Licensee shall perform all acts set forth in this License on its part to be performed. In case the Licensee shall fail to perform the acts set forth in this License. on its part to be performed. Licensor may. at its option. do such acts at the expense of the Licensee which expense the Licensee agrees to pay to Licensor upon demand. 41. Existing authorized tenants or licensees. or both, shall not be forced to abandon the Licensor's right of way. routing of the bicycle path and the installation of fences, gates or other facUities necessary to protect the property of su h tenants or licensees. or both. shall be at the Licensee's sole expense. 42 Licensee agrees that it wUI not record this License agreement. 11 - . - IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed In duplicate on the date herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY ~ ~. P'/d)f;' ~ y UCENSOR JOSE I. ULLOA Real Properties Consultant Land Services Division Real Properties and Administrative Services Mayor A~ ~ _..eo. -7. $&r I CI of e City A'''T' "; < ..".., ,.:,.,.~ .p-..".-.....".....- C ~;;' i'~ -,'~ ;" APPROVED AS TO FORM ~~R CITY ATT 12