HomeMy WebLinkAboutAGENDA REPORT 1987 1123 CC ADJ ITEM 08C Aay
RK ITEM c?
CLINT • . ORPA
CLINT HARPER, Ph.D. STEVEN KUENY
Mayor MOORPAI?1C, CALIFORNIA City Manager
ELOISE BROWN POPP� o City o-'` ` Meeting CHERYL J. KANE
Mayor Pro Tern - 0�/`�1 City Attorney
THOMAS C. FERGUSON 441P111°° of- - � 198 RICK RICHARDS,A.I.C.P.
Councilmember /4!1l� �y �•., Director of
i V� AC i�"' ommunity Development
JOHN GALLOWAY ���2�'� „
Councilmember 140/ lei , R. DENNIS T
JOHN PATRICK LANE N111111r
a City Engineer
CouncilmemberV dl ��n '0 JOHN V.GILLESPIE
MAUREEN W.WALL 8Y.,! �' L Chief of Police
City Clerk THOMAS P.GENOVESE
MEMORANDUM City Treasurer
TO: The Honorable City Council
FROM: John F. Knipe, Assistant City Engineer
DATE: November 9, 1987 •
SUBJECT: Southern California Edison Easement
Right-of-Way Along Tierra Rejada Road
BACKGROUND INFORMATION
The subject easement is located between Tract 3274 on the
west and Tract 3019 on the east in the City of Moorpark. A
vicinity map is enclosed for reference.
Tierra Rejada Road currently crosses the Edison easement
between Tracts 3274 and 3019. This road easement will
provide the City with permanent access across the Edison
property.
Since the City has jurisdiction over the road, the City must
sign the enclosed road easement.
RECOMMENDED ACTION 4
Recommend that the Mayor sign the enclosed road
easement, accepting the right-of-way through the
existing Southern California Edison easement on Tierra
Rejada Road, and direct the City Clerk to return the
signed original road easements together with a
certified copy of the Certificate of Acceptance to
Southern California Edison.
JFK:CL:go
cc: R. Dennis Delzeit, City Engineer
Fritz Koepp, Southern California Edison m.a. RECEit a) —
JN 3843
JN 3864 NOV 1 31987
amo289.mem
CITY OF MOORPARg
799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529-6864
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• LOCATION MAP
__---
•
•
CL'R'I'IFICATG OF ACC1;P1'ANCE
NOTICE 1.S HEREBY given by the City of Moorpark in the County
of Ventura, State of California, as follows:
19 the
day of __
1. That on the from --- ---
was accepted by the City
Council of the City of Moorpark.
2. That the name of the political subdivision acceptin accepting
ty whose
said _ • - - --- is the ci
State
in the County of Ventura, of California,Moorpark, California,
address 799 Moorpark Avenue,
93021.
3 . That the City Clerk of. the City
of Moorpark is
o
authorized to accept and consent to
inc or easen f
s
any deed or grant conveying any rater the Cory su
ment
upon real property to said City Council
it
has approved pursuant to Resolution oer 85 16of which
h
was duly recorded with the County Record
County. •
City of Moorpark
Maureen W. Wall, City Clerk
•
Location: Unincorporated Area
A.P.N. 506-01-04 &
506-01-05
ROAD EASEMENT
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,
hereinafter called "Grantor", does hereby grant to the CITY OF
MOORPARK, a municipal corporation, hereinafter called "Grantee",
an easement for road and water pipeline purposes, in, on, under,
over, along and across that certain real property in the County of
Ventura, State of California, described as follows:
A strip of land, 94.00 feet wide, lying within
Subdivision "M", Rancho Simi, as per map recorded in Book 3,
page 7 of Maps, in the Office of the County Recorder of
Ventura County, the centerline of said strip of land, 94.00
feet wide, being described as follows:
Z m ri
Beginning at a point in the East line of that certain
In �I strip of land, 50.00 feet wide, described in deed to Southern
1 California Edison Company, a corporation, recorded
to x November 30, 1960 in Book 1933, page 408 of Official Records
,L' z' of said County; said point being South 00° 02' 46" East,
1108.85 feet, measured along said East line from the
wqr intersection of the centerline of Peach Hill Road, as shown
3. on a map filed in Book 21, page 3 of Records of Surveys, in
Id � Fj the Office of the County Recorder of said County; thence
North 89° 57' 14" West, 190.00 feet, to a point in the West
< `� "
line of that certain strip of land, 140.00 feet wide,
iI) :�; described in deed to Southern California Edison Company, a
'r.? :; y! corporation, recorded November 24, 1964 in Book 2677, page
v 169 of Official Records of said County.
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.
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.
Road Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corp.
Serial No. 56035A
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
endanger or interfere with the construction, maintenance, use,
operation, presence, repair, replacement, relocation, reconstruc-
tion or removal of such electric transmission, distribution or
communication lines, pipelines, or other conduits.
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 lia-
bility are caused by the sole active negligence of Grantor.
5. Grantee agrees to pay to Grantor, upon demand, any
and all costs of relocation and/or construction of such electric
transmission, distribution and communication lines and supporting
structures, pipelines, and conduits which may be or become neces-
sary by reason of the exercise of the rights granted pursuant to
this Easement.
6. Grantee agrees that in the exercise of its rights
hereunder, its contractors, employees and other agents will main-
tain a minimum clearance of seventeen (17) feet between their
equipment and any and all overhead electric conductors.
7. 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.
8. 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.
9. 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 road
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.
10. 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 therefor, 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
-2-
Road Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corp.
Serial No. 56035A
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.
11. 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 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.
12. 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.
13. 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.
14. 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%) .
15. The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to the
public.
16. Grantee agrees to provide twenty-five (25) foot
commercial type driveway with curb depression capable of
supporting 40 tons on a three-axle truck at locations specified by
the Grantor.
17. Grantee agrees to install 2 sixteen foot wide
double drive gates at locations specified by the Grantor.
18. Grantee agrees that all fencing and metallic
structures installed within the above described real property
shall be adequately grounded.
16. 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
inure to the benefit of and are binding upon the heirs,
successors, representatives and assigns of the parties hereto.
-3-
Road Easement
S.C.E.Co., a corp., to
City of Moorpark, a municipal Corp.
Serial No. 56035A
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 Real Properties Department and Assistant Secretary, thereunto
duly authorized this /, day of 1 ,L ,.� ,�-u , 19 7
SOUTHERN CALIF NIA EDISON COMPANY
By
R. J. li
Manager of
Real Properties Department
By , . .
Assistant Secretary
The City of Moorpark, a municipal corporation, 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 MOORPARK
By
By
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this day of C,x-er! et-1_ , 19/5FY
before me, a Notary Public in atn for said State; personally appeared
R. J. Juliff, personally known to me -For--pfoved-to--me—on-th-e—basis
of su1iat-erctuty eviderrce4 to he Manager of the Real Properties
Department of Southern California Edison Company, the corporation
that executed the within instrument, personally known to me -for-
pioved tti the on Llre basis -of—sa-t-i-e-€ee 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 fficial seal. SMiIFi
;4i)n,�
MY r n`.!:t!:
.,,.,ice ....•....-.........-....�,...............ww.,.`^
-4-
Road Easement
S.C.E.Co., a corp., to
City of Moorpark, a municipal corp.
Serial No. 56035A
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this (J day of ;% ytti , 19
before me, a NotaryPublic in andfor
o said State, personally
appeared personally
known to me (or pcuved Cactor--y cvi nee)
to be an Assistant Secretary. of Southern California Edison Company,
the corporation that executed the within instrument, personally
known to me (o y e)
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.
(It FILIAL E•f AL
W NESS hand and official seal. °'•
ILip. t,Heil[
}. 1.0S ANGE..Pzi%OUn TY
'I
STATE OF CALIFORNIA )
ff 19 Comniinlun Exp �� ���• Ii 198)
ss. '^��-••
COUNTY OF )
On this day of , 19
before me, a Notary Public in and for said State, personally
appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be
the , and
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the of the City of Moorpark, the
municipal corporation that executed the within instrument, and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS my hand and official seal.
-5-
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I--ANDS PE-5GRIP,ED ItJ fOAD ASa 'tffNT
TO THE CITY of-- A7 ',PPAI?K
J. O. '1Oc M. S. -
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