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Home My WebLink AboutSOUTHERN CALIFORNIA EDISON (18)RECORDING REQUESTED BY ElSOUTHERN CALIFORNIA EDISON WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doe. No. GRANT OF EASEMENT 0.�cz1 (D•Qolmirtx r�l' NOV 0 7 023 Return FULLLY EXECUTED Copy to COTC, M-30 A-2023-1 DOCUMENTARY TRANSFER TAX $ NONE VALUE AND CONSIDERATION LESS THAN $100.00) Central OC TD1537026 SCE Company FIM - APPROVED �E SIG. OF DEGIARAM OR AGENT DETERMINING TM FIRM NPME APN 016-035-14 VEGETATION & SLS/CG 09/12/2023 LAND MANAGEMENT L*R 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"), a non-exclusive 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 underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: SCE EASEMENT: A 7.00 FOOT WIDE STRIP OF LAND LYING WITHIN BLOCK "B" OF SOUTH SANTA ANA TRACT, AS PER MAP RECORDED IN BOOK 5, PAGE 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY SIDELINE BEING CONTINGUOUS TO THE EAST LINE OF TRACT NO. 1575, AS PER MAP RECORDED IN BOOK 56, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THE SOUTHERLY SIDELINE BEING PARALLEL WITH AND DISTANT 5.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF LOT 39 OF SAID TRACT NO. 1575 AND ITS EASTERLY PROLONGATION. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PUBLIC STREET. CONTAINING AN AREA OF APPROXIMATELY 336 SQUARE FEET. SEE EXHIBIT "A", SKETCH, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Construction: Grantee shall have all construction, excavation, maintenance and or demolition plans for the systems approved in writing by the City's Public Works Agency, through its through encroachment permit process and shall obtain a City permit at no cost to Grantee; and upon completion of any such work, Grantee shall immediately notify Grantor in writing of such completion. Grantee hereby acknowledges that the Easement Area lies within a portion of Maple Street Bike Trail ("Bike Trail"). Grantee shall perform all construction and/or maintenance in such a manner that will not unreasonably obstruct access to or use of the Bike Trail. Removal and Abandonment: Grantee agrees that in the event that Grantee determines that the systems installed hereunder are no longer required, then upon request, Grantee shall, at Grantor's request and at Grantor's cost, remove and/or abandon said Grantee's systems Following such removal and/or abandonment, Grantee shall at Grantor's cost, restore the Easement Area to the condition that existed immediately prior to the removal of the systems. Grantee shall also execute and deliver to the Grantor, within ninety (90) days of such removal and/or Abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Grant of Easement from title on a form mutually agreeable to Grantor and Grantee. 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, excluding Claims caused by the negligence or willful misconduct of Grantor. Hazardous or Toxic Materials: Grantee shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If Grantee breaches the obligations stated herein, then Grantee shall indemnify, defend with counsel approved in writing by Grantor, and hold harmless, Grantor, and its elected or appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after Grantee's use of the Easement Area as a result of such contamination caused by Grantee. This indemnification includes, without limitation, costs incurred by Grantor in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area. Grantee shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by Grantee, provided Grantee shall first have obtained Grantor's written approval and the approval of any necessary governmental entities or agencies for any such remedial action. As used herein, the term "Hazardous Material means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government. DSR802175224 TD1537026 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: 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: Southern 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. DSRS02175224 TD1537026 A-2023-185 EXECUTED this � day of �.e�' 20Z, ATTEST: ennifer L. la RK GRANTOR CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California Signature —201_ Steven Mendoza Acting City Manager 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 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, 1 certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DSR802175224 TD1531026 CALIFORNIA ACKNOWLEDGMENT CIVIL .. 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 1 County of Orange, J} On ill0 M 112013 before me, )t 96\ I - A\m1n ,Vu%fy PUylic, , Date Here Insert Name and Title of the Officer personally appeared S7"T) A •NLVA01A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence be the person(s) whose name(sj�i /are subscribed to the within instrument and acknowledged to me that I�he/they executed the same in ®/her/their authorized capacity(ies), and that by( qiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ABIGAIL Y. ALCALA _ Notary Public -California Orange County Commission k 2317212 ` , 8M My Comm. Expires Dec 26, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature OPTIONAL and official seal. of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: (qr0at1" IFE-,Wm Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed b Signer(s) Signer's Name: ARV �elA ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: C," GP tfOSNco, flAG O . = National NotaryAssociation Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: WARNER AVENUE - - -- - - -- 0 N SCE EASEMENT I I 30' 30' I I C7 POR. LOT 38 I I 5.00' 17.00' I I LOT 39 TRACT NO. 1575 I M.M.56/36-37 17.00'--►i MAPLE ST. BIKE TRAIL W I E LINE OF TRACT NO. 1575 I I Z Q LipLOT 40 I I Q I z Q � I I I 0 � 0 LOT 41 I � m I SKETCH EXHIBIT "A" SCE EASEMENT LEGEND ®DENOTES SCE EASEMENT AREA Y I J I m D' 0 � � I LOT 42 30 0 30 60 scale 1 "= 30' feet