HomeMy WebLinkAboutAGENDA REPORT 1987 0715 CC REG ITEM 07J MOORPARK
.5100
ITEM 7J:
CLINT HARPER,Ph.D. STEVEN KUENY
Mayor City Manager
ELOISE BROWN PVPP�q"fit CHERYL J. KANE
Mayor Pro Tern 000;01.14..1/4,4:1,
°��/`�z City Attorney
THOMAS C.FERGUSON PATRICK RICHARDS,A.I.C.P.
Councilmember 11iav40S m4 Director of
JOHN GALLOWAY �o �vt�'� m Community Development
Councilmember 40� "0 R. DENNIS DELZEIT
JOHN PATRICK LANE ",411 11�' City Engineer
Councilmember JOHN V.GILLESPIE
MAUREEN W.WALL Chief of Police
City Clerk THOMAS P. GENOVESE
MEMORANDUM City Treasurer
TO: The Honorable City Council
FROM: John F. Knipe, Assistant City Engineer
DATE: July 9, 1987
SUBJECT: Southern California Edison Easement
Right-of-Way Along Williams Ranch Road
BACKGROUND INFORMATION
The subject easement for roadway purposes is located between
Tract 3274 on the west and Tracts 3019 and 2406 on the east
in the City of Moorpark. A vicinity map is enclosed for
reference.
Williams Ranch Road (formerly called Peach Hill Road)
currently crosses the Edison property between Tracts 3274
and 3019/2406. An easement is required across this Edison
property for roadway purposes. The easement also includes
an additional area beyond right-of-way for landscape
purposes. This additional landscape area is not included in
the easterly 50' of the easement so as not to interfere with
the Southern California Edison access road.
Since the City has jurisdiction over the road, the City must
sign the enclosed road easement.
MppRpARK, CAL1F01 XOMMENDED ACTION
City Council Meeting Authorize the Mayor to sign the enclosed road easement,
198,_ accepting the easement through the existing Southern
of California Edison property on Williams Ranch Road, and
ACTIO . .� • direct the City Clerk to return the signed original
road easements together with a certified copy of the
Certificate of Acceptance to Southern California
B Edison.
By
uena
RDD:CL:go
cc: R. Dennis Delzeit, City Engineer JUL 1 196(
JN 3843
799 Moorpark Avenue amo3 4 5.mem Moorpark, California 93021 (805) 529-6864
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Location: City of Moorpark
A.P.N. 506-01
ROAD AND WATER PIPELINE 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:
PARCEL 1:
A strip of land, sixty (60.00) feet wide, lying within
that portion of Subdivision "M", in Rancho Simi, as per map
recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said County, the centerline of said strip
"' (CI of land, sixty (60.00) feet wide, being described as follows:
". ' a Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50.00 feet wide,
as shown on a map filed in Book 21, page 3 of Records of
o
Surveys, in the office of the County Recorder of said County
and the Easterly line of the lands described in a Deed to
(„ 3 ' Southern California Edison Company recorded November 30, 1960
otn in Book 1933, page 408 of Official Records of said County;
o
thence along said Westerly prolongation of the centerline of
a o Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
q '� Said Parcel 1 also being that strip of land described
� �� as "Strip 11" in said Deed to Southern California Edison
r, Company.
PARCEL 2:
A strip of land, eighty-four (84.00) feet wide, lying
within that portion of Subdivision "M", Rancho Simi, as per
map recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said county, the centerline of said strip
of land, eighty-four (84.00) feet wide, being described as
follows:
Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50.00 feet wide,
as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
and the Easterly line of the lands described in a Deed to
Southern California Edison Company recorded November 24, 1964
in Book 2677, page 169 of Official Records of said County;
thence along said Westerly prolongation of the centerline of
Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
• Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
Said Parcel 2 also being that strip of land described
as "Strip 4" in said Deed to Southern California Edison
Company.
PARCEL 3:
A strip of land, ten (10.00) feet wide, lying within
that portion of Subdivision "M", Rancho Simi, as per map
recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said County, the centerline of said strip
of land ten (10) feet wide being described as follows:
Beginning at a point in the East line of that certain
strip, 50.00 feet wide, described in Deed to Southern
California Edison Company, recorded November 30, 1960 in Book
1933, page 408, Official Records of said County, said point
being 10.00 feet Southerly along said East line from the
intersection of the centerline of Peach Hill Road and said
East line; thence Westerly 35.43 feet parallel to the Westerly
prolongation of the centerline of Peach Hill Road to the
beginning of a tangent curve concave Southerly, having a
radius of 400.00 feet; thence Westerly along said curve
through a central angle of 21° 33' 21", a distance of
150.50 feet; thence tangent to said curve South 68° 27' 19"
West, 8.15 feet to a point in the West line of the land
described in Deed to Southern California Edison Company
recorded November 24, 1964 in Book 2677, page 169 of Official
Records of said County.
The sidelines of said Parcel 3 shall be prolonged or
shortened so as to terminate in said West line.
EXCEPT THEREFROM that portion thereof lying within the
land hereinbefore described and designated as Parcel 1 and
Parcel 2.
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, including but
not limited to the following:
A. A consent to Grant of Road Easement to Title
Insurance and Trust Company recorded January 23, 1967 in Book
2096, page 259 of Official Records of said County.
B. A Grant of Road Easement to Title Insurance and
Trust Company recorded October 31, 1966 in Book 3062, page 87
of Official Records of said County.
C. The reservations for roads and drainage channels
contained in the Grant Deed to Southern California Edison
Company recorded November 30, 1960 in Book 1933, page 408 of
Official Records of said County.
D. The reservations for roads contained in the Grant
Deed to Southern California Edison Company recorded
November 24, 1964 in Book 2677, page 169 of Official Records
of said County.
E. An easement for Storm Drain to the County of
Ventura recorded August 29, 1977 in Book 4932, page 596 of
Official Records of said County.
-2-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
F. A Storm Drain Easement to the Ventura County Flood
Control District recorded January 17, 1980 in Book 5580, page
225 of Official Records of said County.
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
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. Grantee agrees to provide twenty-five (25) foot
commercial type driveway with curb depression capable of support-
ing 40 tons on a three-axle truck at a location specified by the
Grantor.
8. Grantee agrees to install two (2) sixteen foot wide
double drive gates at location specified by the Grantor.
9. Grantee agrees that all fencing and metallic
structures installed within the above described real property
shall be adequately grounded.
-3-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
10. 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.
11. 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 inter-
fere 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.
12. 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 and
water pipeline 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.
13. 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
failure or refusal of Grantee to execute and deliver said quit-
claim 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.
14. 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 some-
times 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 Improve-
ment, 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 assess-
ments so levied for said Improvement and paid by Grantor.
15. 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.
16. 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.
-4-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
17. Any earth fill placed by Grantee within the
boundaries of the above described real property shall have a rela-
tive compaction density of ninety percent (90%) .
18. The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to the
public.
19. 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, succes-
sors, representatives and assigns of the parties hereto.
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 Right of Way ar0 Land and Ass'stant Secretary, thereunto duly
authorized this /, day of , 19 if 5,(.
SOUTHERN CALIFORNIA EDISON COMPANY
By
C. J. Lowerison, JrA
Manager of r
Right of Way and
Lnd
By l� ,ti Aft0f15)\-)Assistant Sery
The City of Moorpark 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 condi-
tions.
DATED as of this day of , 19
CITY OF MOORPARK
By
By
-5-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this //� ' day of , 1947Y,
before me, a Notary Public in and or said State, personally
appeared C. J. Lowerison, Jr. , personally known to me (or proved
to me on the basis of satisfactory evidence) to be Manager of the
Right of Way and Land Department of Southern California Edison
Company, the corporation that executed the within instrument,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instru-
ment 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.
i"s"
WITNESS my hand and official seal. t- �.� OFFICIAL SEAL
1,. DEGROH F. SMITH
Public rniiler No
J..') F'I:I NCIF•AL OFFICE IIJ
LOS ANFELCS COUNTY
STATE OF CALIFORNIA ) MY COMMISSION EXPIRES SEPTEMBER 28.1787
ss.
COUNTY OF LOS ANGELES )
On this , ) day of 1, 19' before me, a
Notary Public in and for said Stat personally appeared
A L. Gustafson , personally known to me (or proved to me on
the basis of satisfactory evidence) to be an Assistant Secretary
of Southern California Edison Company, the corporation that exe-
cuted the within instrument, personally known to me (or proved to
me on the basis of: satisfactory evidence) 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.
WIT ESS my hand and official seal. • �!-!�"'`�"' ._ -
I o OFFICnL SEAL
& `I"''\4, VERA M. MANLEY
/ I y � 1' NO1fUY PUBLIC•CALIFORNIA
1��
3,2t:4A/1.° PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
STATE OF CALIFORNIA ) MY Commission Erpins luly Ire _I
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.
-6-
0
,
4 50L177-VERN CALIFORNIA
0 1 EDISON CO. R/GHT OF LVAY
/40.00 _ -_� 50.00.
1 _. ri
OR 2677—/69 OR 1933-408
REC /1-24-64 REC 11-30-60 l�'
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SOUTHERN CAL/FORM/4 0/SDN CO.
R/W.
SCALE
`1 LANDS' DESCR/BED /N ROAD AN/7 /" = 40"
P/PL/NE EASEMENT TO THE j o. 7006 n+. s. 60-73
eiTY'OF. MDDe,---i.PK MOORPARK-SOUTH 220 /eV R/W
MAP S,4'OiV/NG LOC, 7/ON OF LAA/0S
DESCRIBED /N ROAD ANO P'PEI/NF
EASEMENT TO CITY of.4f' 1?'"A-?1'
VENTURA COUNTY
SER. 557924 SOUTHERN CALIFORNIA EDISON CO.
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CERTIFICATE UV ACCEPTANCE
NuTicE IS HEREBY given by the City of Moorpark in the County
of Vrntura, State of California, as follower
1. That on the day of , 19_, the
from
was acc-4E&I--6iEine--EITi,
Council of the City of Moorpark.
2. That the name of the political subdivision accepting
said is the City of Moorpark,
in the County of Ventura, State of California, whose
address 799 Moorpark Avenue, Moorpark, California,
9J021 .
3 . That the City Clerk of tine City of Moorpark is
authorized to accept and consent to the recordation of
any deed or grant conveying any interest in or easement
upon real property to said City which the City Council
has approved pursuant to Flesolution No. 95-163 which
tine duly recorded with the County Recorder of Ventura
County. •
City of Moorpark
Maureen W. Wall, City Clerk
. •
Page 5 of 5
• /
Location: City of Moorpark
A.P.N. 506-01
ROAD AND WATER PIPELINE 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:
PARCEL 1:
A strip of land, sixty (60.00) feet wide, lying within
that portion of Subdivision "M", in Rancho Simi, as per map
recorded in Book 3, page 7 of Maps, in the office of the
_ County Recorder of said County, the centerline of said strip
. •t
of land, sixty (60.00) feet wide, being described as follows:
a Beginning at the intersection of the Westerly prolonga-
u tion of the centerline of Peach Hill Road, 50.00 feet wide,
ce `� as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
c
and the Easterly line of the lands described in a Deed to
is -•
" ' Southern California Edison Company recorded November 30, 1960 o �,
in Book 1933, page 408 of Official Records of said County;
-, thence along said Westerly prolongation of the centerline of
`a u c Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
Said Parcel 1 also being that strip of land described
`U as as "Strip 11" in said Deed to Southern California Edison
C. Company.
PARCEL 2:
A strip of land, eighty-four (84.00) feet wide, lying
within that portion of Subdivision "M", Rancho Simi, as per
map recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said county, the centerline of said strip
of land, eighty-four (84.00) feet wide, being described as
follows:
Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50.00 feet wide,
as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
and the Easterly line of the lands described in a Deed to
Southern California Edison Company recorded November 24, 1964
in Book 2677, page 169 of Official Records of said County;
thence along said Westerly prolongation of the centerline of
Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
, Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
Said Parcel 2 also being that strip of land described
as "Strip 4" in said Deed to Southern California Edison
Company.
PARCEL 3:
A strip of land, ten (10.00) feet wide, lying within
that portion of Subdivision "M", Rancho Simi, as per map
recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said County, the centerline of said strip
of land ten (10) feet wide being described as follows:
Beginning at a point in the East line of that certain
strip, 50.00 feet wide, described in Deed to Southern
California Edison Company, recorded November 30, 1960 in Book
1933, page 408, Official Records of said County, said point
being 10.00 feet Southerly along said East line from the
intersection of the centerline of Peach Hill Road and said
East line; thence Westerly 35.43 feet parallel to the Westerly
prolongation of the centerline of Peach Hill Road to the
beginning of a tangent curve concave Southerly, having a
radius of 400.00 feet; thence Westerly along said curve
through a central angle of 21° 33' 21", a distance of
150.50 feet; thence tangent to said curve South 68° 27' 19"
West, 8.15 feet to a point in the West line of the land
described in Deed to Southern California Edison Company
recorded November 24, 1964 in Book 2677, page 169 of Official
Records of said County.
The sidelines of said Parcel 3 shall be prolonged or
shortened so as to terminate in said West line.
EXCEPT THEREFROM that portion thereof lying within the
land hereinbefore described and designated as Parcel 1 and
Parcel 2.
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, including but
not limited to the following:
A. A consent to Grant of Road Easement to Title
Insurance and Trust Company recorded January 23, 1967 in Book
2096, page 259 of Official Records of said County.
B. A Grant of Road Easement to Title Insurance and
Trust Company recorded October 31, 1966 in Book 3062, page 87
of Official Records of said County.
C. The reservations for roads and drainage channels
contained in the Grant Deed to Southern California Edison
Company recorded November 30, 1960 in Book 1933, page 408 of
Official Records of said County.
D. The reservations for roads contained in the Grant
Deed to Southern California Edison Company recorded,
November 24, 1964 in Book 2677, page 169 of Official Records
of said County.
E. An easement for Storm Drain to the County of
Ventura recorded August 29, 1977 in Book 4932, page 596 of
Official Records of said County.
-2-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
F. A Storm Drain Easement to the Ventura County Flood
Control District recorded January 17, 1980 in Book 5580, page
225 of Official Records of said County.
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
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. Grantee agrees to provide twenty-five (25) foot
commercial type driveway with curb depression capable of support-
ing 40 tons on a three-axle truck at a location specified by the
Grantor.
8. Grantee agrees to install two (2) sixteen foot wide
double drive gates at location specified by the Grantor.
9. Grantee agrees that all fencing and metallic
structures installed within the above described real property
shall be adequately grounded.
-3-
Road and •Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
10. 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.
11. 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 inter-
fere with the proper operation or maintenance of said electric
transmiuiion, dijLLlbution and communication liner., to the extent
necessary to prevent any such interference or danger.
12. 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 and
water pipeline 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.
13. 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
failure or refusal of Grantee to execute and deliver said quit-
claim 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.
14. 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 some-
times 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 Improve-
ment, 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 assess-
ments so levied for said Improvement and paid by Grantor.
15. 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.
16. 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.
-4-
Road and 'Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
17. Any earth fill placed by Grantee within the
boundaries of the above described real property shall have a rela-
tive compaction density of ninety percent (90%) .
18. The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to the
public.
19. 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, succes-
sors, representatives and assigns of the parties hereto.
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 Right of Way and,. Land and As istant Secretary, thereunto duly
authorized this /O day o �'- -• , 19 .(57(/
SOUTHERN CALIFORNIA EDISON COMPANY
APrROVI. - . FO FORM: By
JenaV R'? C. J. Lowe`tison, Jr.
(Prrsinent and Geneta u •ci Manager Of
itorney Right of Way and -Land
,19
Assistant S retary
•
The City of Moorpark 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 condi-
tions.
DATED as of this day of , 19 •
CITY OF MOORPARK
By
By
-5-
Road and Water Pipeline Easement
S.C.E.Co. , a corp., to
City of Moorpark, a municipal corporation
Serial No. 55792A
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES ) /
G '
� 19 f Y ,
On this //ep � day of 1' � � ,
before me, a Notary Public in and for said State, personally
appeared C. J. Lowerison, Jr. , personally known to me (or proved
to me on the basis of satisfactory evidence) to be Manager of the
Right of Way and Land Department of Southern California Edison
Company, the corporation that executed the within instrument,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instru-
ment 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 official seal. -
OFFICIAL SEAL
; ; DEGROH F. SMITH
�J�J/,'J J/ - I Noory Public - Cnlilernlo
� ; i PRINCIPAL OFFICE IN
STATE OF CALIFORNIA ) COMM Los AI:GFLF:S COUNTY
MYCOMMISSIONEXPIRES SEPTNdBER 78, 1797
) ss. ,
COUNTY OF LOS ANGELES ) /
On this kJ day of !J;0,_/ 19�`�, before me, a
Notary Public in and for said Stale, personally appeared
A . L. Gustafson , personally known to me (or proved to me on
the basis of satisfactory evidence) to be an Assistant Secretary
of Southern California Edison Company, the corporation that exe-
cuted the within instrument, personally known to me (or proved to
me on the basis of satisfactory evidence) 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.
WIT SS my hand and official seal.
OFFICAL SEAL
7
(C--c77?
� ? )Yai R ' ^ VERA M. MANLEY ;
7 rn`+� NOrAR1'runic•cAUFpPrlul
4 r t 11 PRINCIPAL OFFICE IN -
• LOS ANGELES COUNTY y
STATE OF CALIFORNIA ) 4 My Commission Expires July IL 1987
) 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.
-6-
c�
Location: City of Moorpark
A.P.N. 506-01
ROAD AND WATER PIPELINE 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 :
PARCEL 1:
A strip of land, sixty (60. 00) feet wide, lying within
that portion of Subdivision "M" , in Rancho Simi , as per map
\11. 1- recorded in Book 3, page 7 of Maps, in the office of the
}• 0 County Recorder of said County, the centerline of said strip
• " of land, sixty (60. 00) feet wide, being described as follows :
Q
tb Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50 . 00 feet wide,
a ccoc
o as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
- and the Easterly line of the lands described in a Deed to
3Southern California Edison Company recorded November 30, 1960
O o in Book 1933 , page 408 of Official Records of said County;
- thence along said Westerly prolongation of the centerline of
U o Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
1• \i
r: Said Parcel 1 also being that strip of land described
as "Strip 11" in said Deed to Southern California Edison
r o z Company.
PARCEL 2:
A strip of land, eighty-four (84. 00) feet wide, lying
within that portion of Subdivision "M" , Rancho Simi , as per
map recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said county, the centerline of said strip
of land, eighty-four (84 . 00) feet wide, being described as
follows :
Beginning at the intersection of the westerly prolonga-
tion of the centerline of Peach Hill Road, 50. 00 feet wide,
as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
and the Easterly line of the lands described in a Deed to
Southern California Edison Company recorded November 24, 1964
in Book 2677, page 169 of Official Records of said County;
thence along said Westerly prolongation of the centerline of
Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
• Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
Said Parcel 2 also being that strip of land described
as "Strip 4" in said Deed to Southern California Edison
Company.
PARCEL 3 :
A strip of land, ten (10. 00) feet wide, lying within
that portion of Subdivision "M" , Rancho Simi , as per map
recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said County, the centerline of said strip
of land ten (10) feet wide being described as follows :
Beginning at a point in the East line of that certain
strip, 50. 00 feet wide, described in Deed to Southern
California Edison Company, recorded November 30 , 1960 in Book
1933, page 408, Official Records of said County, said point
being 10. 00 feet Southerly along said East line from the
intersection of the centerline of Peach Hill Road and said
East line; thence Westerly 35.43 feet parallel to the Westerly
prolongation of the centerline of Peach Hill Road to the
beginning of a tangent curve concave Southerly, having a
radius of 400. 00 feet; thence Westerly along said curve
through a central angle of 21° 33 ' 21" , a distance of
150 . 50 feet; thence tangent to said curve South 68° 27 ' 19"
West, 8.15 feet to a point in the West line of the land
described in Deed to Southern California Edison Company
recorded November 24 , 1964 in Book 2677, page 169 of Official
Records of said County.
The sidelines of said Parcel 3 shall be prolonged or
shortened so as to terminate in said West line.
EXCEPT THEREFROM that portion thereof lying within the
land hereinbefore described and designated as Parcel 1 and
Parcel 2.
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, including but
not limited to the following :
A. A consent to Grant of Road Easement to Title
Insurance and Trust Company recorded January 23 , 1967 in Book
2096, page 259 of Official Records of said County.
B. A Grant of Road Easement to Title Insurance and
Trust Company recorded October 31, 1966 in Book 3062, page 87
of Official Records of said County.
C. The reservations for roads and drainage channels
contained in the Grant Deed to Southern California Edison
Company recorded November 30, 1960 in Book 1933, page 408 of
Official Records of said County.
D. The reservations for roads contained in the Grant
Deed to Southern California Edison Company recorded
November 24, 1964 in Book 2677, page 169 of Official Records
of said County.
E. An easement for Storm Drain to the County of
Ventura recorded August 29, 1977 in Book 4932, page 596 of
Official Records of said County.
-2-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
F. A Storm Drain Easement to the Ventura County Flood
Control District recorded January 17, 1980 in Book 5580, page
225 of Official Records of said County.
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
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. Grantee agrees to provide twenty-five (25) foot
commercial type driveway with curb depression capable of support-
ing 40 tons on a three-axle truck at a location specified by the
Grantor .
8. Grantee agrees to install two (2) sixteen foot wide
double drive gates at location specified by the Grantor.
9. Grantee agrees that all fencing and metallic
structures installed within the above described real property
shall be adequately grounded.
-3-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
10. 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.
11. 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 inter-
fere 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 .
12. 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 and
water pipeline 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.
13. 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
failure or refusal of Grantee to execute and deliver said quit-
claim 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.
14. 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 some-
times 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 Improve-
ment, 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 assess-
ments so levied for said Improvement and paid by Grantor .
15. 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.
16. 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.
-4-
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
17. Any earth fill placed by Grantee within the
boundaries of the above described real property shall have a rela-
tive compaction density of ninety percent (90%) .
18. The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to the
public.
19. 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, succes-
sors, representatives and assigns of the parties hereto.
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 Right of Waynd Land and Ass ' stant Secretary, thereunto duly
authorized this day of , 19 g 5.
SOUTHERN CALIFORNIA EDISON COMPANY
By
C. J. Lowerison, Jr,i
Manager of
Right of Way and Lan
By ist
Assistant Sec tary
The City of Moorpark 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 condi-
tions.
DATED as of this day of , 19 •
CITY OF MOORPARK
By
By
-5-
. .
. .
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
• On this 47156 day of / . ., - , 19S ,1
before me, a Notary Public in and or said State, personally
appeared C. J. Lowerison, Jr. , personally known to me (or proved
to me on the basis of satisfactory evidence) to be Manager of the
Right of Way and Land Department of Southern California Edison
Company, the corporation that executed the within instrument,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instru-
ment 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 official seal.
FICIA
OFL SEALi
,,, ,cco„,a
'\Z,if'•-?..y PRINCIPAL OFFICE IN
10$ ANGELES COUNTY
STATE OF CALIFORNIA ) MY COMMISSION EXPIRES SEPTEMBER 28, 1981
,,..................,,,,,WW,I,WINO.,*
) ss.
COUNTY OF LOS ANGELES )
/
On this ez2.0_ day of 4.../ 00 , i ,A , 19 (" 1 before me, a
Notary Public in and for said Stat!, personally appeared
A L. Gustafson , personally known to me (or proved to me on
the basis of satisfactory evidence) to be an Assistant Secretary
of Southern California Edison Company, the corporation that exe-
cuted the within instrument, personally known to me (or proved to
me on the basis of satisfactory evidence) 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.
WITSS my hand and official seal.
(4_ 721 717a,p_Afe7
OFFICAL SEAL
I ',iii; '-fl,r Noiroy PUBLIC -CALIFORNIA
PRINCIPAL OFFICE MANI_IENY
LOS ANGELES COUNTY
STATE OF CALIFORNIA ) My Commission Expires July 11,1987
) 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.
-6-
. ,
•
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A SE/v1EIV r O CITY O COCA
ry
VENTURA
BER. 5579 ',4
A
SOUTHERN CALIFORNIA EDISON CO:
TOOM SW ES$M 1-71
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-!3".,';.:7';IP.';1;' • '
1CERTIFICATE OF ACCEPTANCE
NoTicE IS HEREBY given by the City of Moorpark in the County
of Ventura, State of California, as follows:
1 . That on the day of , 19 , the
from
was accepted by the City
Council of: the City of Moorpark.
2 . That the name of the political subdivision accepting
amid is the City of Moorpark,
in the County of Ventura, tate of California, whose
address 799 Moorpark Avenue, Moorpark, California,
93021 .
3 . That the City Clerk of the . City of Moorpark is
authorized to accept and consent to the recordation of
any deed or grant conveying any interest in or easement
upon real property to said City which the City Council
has approved pursuant to Resolution No. 85-163 which
was duly recorded with the County Recorder of Ventura
County.
City of Moorpark
Maureen W. Wall, City Clerk
•
•
•
Page 5 of 5
•
•
Location: City of Moorpark
A.P.N. 506-01
ROAD AND WATER PIPELINE 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 :
PARCEL 1:
A strip of land, sixty (60. 00) feet wide, lying within
that portion of Subdivision "M" , in Rancho Simi , as per map
,• recorded in Book 3, page 7 of Maps, in the office of the
' County Recorder of said County, the centerline of said strip
of land, sixty (60. 00) feet wide, being described as follows:
Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50 . 00 feet wide ,
as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
iv, 2
I < ' and the Easterly line of the lands described in a Deed to
Southern California Edison Company recorded November 30, 1960
in Book 1933, page 408 of Official Records of said County;
-; thence along said Westerly prolongation of the centerline of
<
< do Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
Said Parcel 1 also being that strip of land described
\ 6 as "Strip 11" in said Deed to Southern California Edison
Iz Company.
PARCEL 2:
A strip of land, eighty-four (84. 00) feet wide, lying
within that portion of Subdivision "M", Rancho Simi, as per
map recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said county, the centerline of said strip
of land, eighty-four (84 . 00) feet wide, being described as
follows :
Beginning at the intersection of the Westerly prolonga-
tion of the centerline of Peach Hill Road, 50.00 feet wide,
as shown on a map filed in Book 21, page 3 of Records of
Surveys, in the office of the County Recorder of said County
and the Easterly line of the lands described in a Deed to
Southern California Edison Company recorded November 24, 1964
in Book 2677, page 169 of Official Records of said County;
thence along said Westerly prolongation of the centerline of
Peach Hill Road to a point in the Westerly line of the lands
described in said Deed to Southern California Edison Company.
VA I.,;LT COF "
\i
Road and .Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No . 55792A
Said Parcel 2 also being that strip of land described
as "Strip 4" in said Deed to Southern California Edison
Company.
PARCEL 3 :
A strip of land, ten (10. 00) feet wide , lying within
that portion of Subdivision "M" , Rancho Simi , as per map
recorded in Book 3, page 7 of Maps, in the office of the
County Recorder of said County, the centerline of said strip
of land ten (10) feet wide being described as follows :
Beginning at a point in the East line of that certain
strip, 50. 00 feet wide, described in Deed to Southern
California Edison Company, recorded November 30 , 1960 in Book
1933, page 408, Official Records of said County, said point
being 10 . 00 feet Southerly along said East line from the
intersection of the centerline of Peach Hill Road and said
East line; thence Westerly 35. 43 feet parallel to the Westerly
prolongation of the centerline of Peach Hill Road to the
beginning of a tangent curve concave Southerly, having a
radius of 400. 00 feet; thence Westerly along said curve
through a central angle of 21° 33' 21" , a distance of
150 . 50 feet; thence tangent to said curve South 68° 27 ' 19"
West, 8.15 feet to a point in the West line of the land
described in Deed to Southern California Edison Company
recorded November 24 , 1964 in Book 2677, page 169 of Official
Records of said County.
The sidelines of said Parcel 3 shall be prolonged or
shortened so as to terminate in said West line.
EXCEPT THEREFROM that portion thereof lying within the
land hereinbefore described and designated as Parcel 1 and
Parcel 2.
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, including but
not limited to the following :
A. A consent to Grant of Road Easement to Title
Insurance and Trust Company recorded January 23, 1967 in Book
2096 , page 259 of Official Records of said County.
B. A Grant of Road Easement to Title Insurance and
Trust Company recorded October 31, 1966 in Book 3062, page 87
of Official Records of said County.
C. The reservations for roads and drainage channels
contained in the Grant Deed to Southern California Edison
Company recorded November 30 , 1960 in Book 1933, page 408 of
Official Records of said County.
D. The reservations for roads contained in the Grant
Deed to Southern California Edison Company recorded,
November 24 , 1964 in Book 2677, page 169 of Official Records
of said County.
E. An easement for Storm Drain to the County of
Ventura recorded August 29, 1977 in Book 4932, page 596 of
Official Records of said County.
-2-
Road and• Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
F. A Storm Drain Easement to the Ventura County Flood
Control District recorded January 17 , 1980 in Book 5580, page
225 of Official Records of said County.
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
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. Grantee agrees to provide twenty-five (25) foot
commercial type driveway with curb depression capable of support-
ing 40 tons on a three-axle truck at a location specified by the
Grantor .
8 . Grantee agrees to install two (2) sixteen foot wide
double drive gates at location specified by the Grantor.
9. Grantee agrees that all fencing and metallic
structures installed within the above described real property
shall be adequately grounded.
-3-
Road and Natee Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
10 . 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.
11. 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 inter-
fere with the proper operation or maintenance of said electric
transmion, dioLribulion and communication liner, to the extent
necessary to prevent any such interference or danger .
12. 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 and
water pipeline 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.
13. 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
failure or refusal of Grantee to execute and deliver said quit-
claim 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.
14 . 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 some-
times 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 Improve-
ment, 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 assess-
ments so levied for said Improvement and paid by Grantor.
15. 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 .
16 . 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.
-4-
Road and 'Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
17. Any earth fill placed by Grantee within the
boundaries of the above described real property shall have a rela-
tive compaction density of ninety percent (90%) .
18. The rights hereby granted are not necessary or
useful in the performance of the duties of said Grantor to the
public.
19. 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, succes-
sors, representatives and assigns of the parties hereto.
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 Right of Way and�and and As istant Secretary, thereunto duly
authorized this /ff day of - , 19 f? .
SOUTHERN CALIFORNIA EDISON COMPANY
APPROV li, TO FORM: By �l7L'7Gri7
,,....PWA I UR'(
iPresident u el
Manager of
Y
Right of Way and-Land
tlorney
_,19
By 2- 1 , L
Assistant S- fretary
The City of Moorpark 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 condi-
tions.
DATED as of this day of , 19
CITY OF MOORPARK
By
By
-5-
. ,
, • ,
.
Road and Water Pipeline Easement
S.C.E.Co. , a corp. , to
City of Moorpark, a municipal corporation
Serial No. 55792A
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
.,
On this (, day of 1 , , , 19,V,
before me, a Notary Public in and for said State , personally
appeared C. J. Lowerison, Jr . , personally known to me (or proved
to me on the basis of satisfactory evidence) to be Manager of the
Right of Way and Land Department of Southern California Edison
Company, the corporation that executed the within instrument,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instru-
ment 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 official seal. ----------
442
7; OFFICIAL SEAL
rfc:-.4ii,-:,,,I DEBROH F. SMITH
nlr:..i'-1;,:1-','mn Notary Public - California
PRINCIPAL OFFICE IN
\NC:, LOSAt'GELES COUNTY
STATE OF CALIFORNIA ) MY COMMISSION EXPIRES SEPTEMBER 28, 1987
) ss.
COUNTY OF LOS ANGELES ) ,
On this k) day of 4.2 :,/ / 19a3 " before me, a
Notary Public in and for said Staire , personally appeared
A , L. Gustafson: , personally known to me (or proved to me on
the basis of satisfactory evidence) to be an Assistant Secretary
of Southern California Edison Company, the corporation that exe-
cuted the within instrument, personally known to me (or proved to
me on the basis of satisfactory evidence) 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. -
.........„,, _-....,,....0,-.....b....e.4,.......‘,.„.%..A.4, ...e..4
WITSS my hand and official seal.
P.
7ibt(e:72 E,C.27.1a 6C7 4
N!_lZt. OFFICAL SEAL •
1 4,, ';,,i 0 WARY PUBLIC - CALIFORNIA t, -
4 PRINCIPAL OFFICE IN
tf.-1.,)g-
4 LOS ANGELES COUNTY '
STATE OF CALIFORNIA ) 4 My Commission Expires July 11, 1967
) ss.
COUNTY OF )
On this day of , 19 I
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.
-6-