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R-7777 . . RESOLUTION NO. 7777(CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL FACILITIES AT THE KEN EDWARDS CENTER, 1527 4TH STREET WHEREAS, the Southern California Edison Company requires a Grant of Easement for construction and maintenance of electrical facilities at the Ken Edwards Center located at 1527 4th Street; and WHEREAS, in order to provide the required electrical facilities the use of public property is required; and WHEREAS, the City Council finds that an easement is of direct benefit to the city of Santa Monica, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Grant of Easement to the Southern California Edison Company is approved and the City Manager is authorized to execute the Grant of Easement attached hereto as Exhibit A. . e SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shal1 be in full force and effect. APPROVED AS TO FORM: ~ ~ \~... .> ROBERT M. MYERS city Attorney RLCORCING REQUESTEC BY - ~ louthern CeIUo,n" I!dleon clany - 92633 RW202 REV 5/84 8230d GRANT OF EASEMENT CITY OF SNlTA KlNlCA (Corporation) DPACE ABOVE THIS LINE POll RECORDER'. US. D..YIIUCT J1" --" ..,........,..., "All ___ SANTA ""HCA 6142-2174 7-2109 52-80 ..,M Appnmld .y DA'r. R.I' "OlMltl.. ud JIfT:1lID 1131189 Admlnl."."... S.rYlee. THE PARKING AUTHORITY OF THE CllY OF SANTA MONICA. . II1Unic\pal corporation (h....lnafter Nferred to as "Gr.ntor"), h.r.by grants to SOUTHERN CALIFORNIA EDISON COMPANY. a corporation, tts successors and Isstgns (hereinafter referred to f,S "Grantee"). an easement and right of way to construct. use. maintain. operate. alter. add to. repair, replace, reconstruct, inspect and remove at any time and frail thne to time underground electrical supply systems and conmunlcatlon systems (hereinafter referred to as "systems"). consisting of wires. underground conduits. cables, vaults. manholes, nandholes, and inclUding above-ground enclosures. ma~rs and conc~te pads and other appurtenant f\xtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, In. on. over. under. across and along that certain real property in the County of LOS ANGELES. State of California. described as follows: Till southtUterly 10 feet of the northeasterly 23 feet of Lot "SI' in Blodt 195 of the Town of Santa Monl"; 'U per IllIP recorUd 'n Book 39, pagls 45 to 51 of IUscellanaous Records, in thl Offtce of the Rtc:ordlr of .I.'d Countt. Qrlft~ shall have the r'ght of 'ngress and egress to the easement at any reasonabl. U.. 'n order to us.. ..'nta'n, operate. repair, replace, reconstruct.. inspect. and remove the systems wMch tile Grantee installs 'n tht tas..nt area. GrIllUt_lCCepts tMs us_nt and right of way with t.he knowledge that the Grantor intends to inprove the ..._t area by constructing a building. Also Grantor agrees that in IIIlIking such hl~rovement, Grantor shall adequately protect Grantee's systems against such improvement. Grantor: expressly Ag,,"S for itself. its successors and assigns, not to hold the Grantee and its contr&etors;'.agtllts, and ....,oyees responsible or liable for any loss or damage fran any clause whatsoever to the building"constructed in, or upon said easement area except \n cases of Grantee's employees. agents' and contractors' sol. acth. negligence. Gr~"1;~ ,ag....s to save hamless and indellllify Grantee fran and against all elal., loss damage, actlOCt;.::: ....Of. Action, expense andlor Hab' lity, including loss or d..ge to property including Grantn"s awn'proplp!, pr injury to or death of persons. including eqlloyees of Grlntee. resulting in any manner cwhatsoenr, cUrtetly or tndirectly. by reason of this easement or the use or occupancy of said eaUlltnt by Grantee except In cases of Grantee's enployees, agents' and contractors' sole active negligenc.. . , I~;~thfl"Vlnt Grantor's use of the easement area or any part thereof caUSes Grantee, t n the Grantee's real~I.-Judgelent, to be in violat.ion or non-compliance with any statute. rule or regulation to which Granttt as a pubnc utlnty is subject in respect of the exercise by Grantee of lbe rights hereby granted. Grantor shAll ..'thin thirty (30) days of receipt fran Grantee of either Grantee's notification of such violations Dr non~l1ance. or of a copy of the aforBllentioned notice served upon Grantee as the case may be, cease and disconttnue said use. wtth the .Jtceptlon of the building already located on the easement, Grantor agrees for Itself, hs successors Ind assigns not to erect, place or maintain. nor to pennit the erection. placement or mil i ntenanc. of any bu i1 ding, planter boxes, earth fi 11 or other s tructu res except wa 11 s and fences on the above de.cr.ibed real property. The Grantee, and its contractors. agents and ~loyees. shall have the ri ght to trIm or cut tree roots as may endanger or interfere wi th 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 INIking any excavation on said propety of the Grantor(s). the Grantee . n 8 ': 0 z ('I ~ !!! c 0 0 !I: ~ PI PI " lD Z ~ )I -l . -l :I> . 0 lD ~ Z 0( . r- -l . 1II . PI )0 III . III Z " III . -l ." ~ J: III a ;p 1II ~ Z ~ -I ~ !: ;p . I 0 >< i 0 .. i 0 z . 0 0 ~ Z . . III 1/1 "< 0 )I r- ('I c )0 PI ~ ... )I i :; z . III 0 .0 I - ~ f) z n 0 . . Grant of Easement WOrk Order No. 6142-2174; 1-2109 Page 2 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. EXECUTED thlS day of . 19_ THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA. a municipal corporation By By STATE OF CALIFORNIA ) ) 5S. ) COUNTY Of On appeared proved to me on and that executed the wlthin municipal corporation. before me. a Notary Publlc 10 and for sald State. personally . and . known to me (or the basis of satisfactory evidence) to be the . respectively, of the city of SANTA MONICA. the municipal corporation instrument and acknowledged to me that they executed the same on behalf of the WITNESS ~ hand and official seal. 8230d-2:1OO - . co 'c' 'Q . U't N .... . ":\1) .-I-"l';'~. !!,'t en. . '" en -':t,~- W a:i.!\o . . ...t~ ~ .. . e t-~ v 1 4., H '. , . , .~ '\ , ' ~ ..It... ... ".t." '-.:~,",,'. .,~ :\o\~' ': ~ ': ,I . .. ,.~~ '-,' \ .'h, "'1" ',. ~" -, "'"0, ~". ~ , ~' 1 - .," "" . ~' i , . .. I, . ~. . I .." -. I" ':"J t~o.- ~~ 3:1 ...... . .~ ~ / " . -. , . , "'. '0 ~ . . Adopted and approved this 28th day of February, 1989. (Ll Mayor ~~~ I hereby certify that the foregoing Resolution No. 7777 (CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on February 28, 1989 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ....... ATTEST: .....-- ci ty Cler e ~ RECORDINGt REQUESTED BY .r&:'I'Southern California Edison Company WHEN RECORDED MAIL TO ~&'1F Southern California Edison Company REAL PROPERTIES AND ADHINISTRATIVE SERVICES P. O. BOX 2217 FULLERTON, CALIFORNIA 92633 RW202 REV 5/84 8230d GRANT OF EASEMENT CITY OF SANTA MONICA (Corporation) tit>- 7777 :,..-..) e ::PACE ABOVE TH IS LINE FOR RECORDER'S USE DISTllta,. WORK O_D"R IDKNTITV "AP ....1:.: SANTA MONICA 6742-2174 7-2109 52-80 ""M Approved ay .,A",. Au' ",op..t1es and JHT:mo 1/31/89 Admlnlltratlv. S.rvlces C j ty Coun c i 1 THE M~l~~~~ Of THE CITY OF SANTA MONICA, a municipal corporation (hereinafter referred to as "Granior"), hereby grants to SOUTHERN CALIFORNIA EDISON COHPANY, a corporation, its successors and assigns (hereinafter referred to as "GranteeM), an easement and right of way to construct. use, maintain, operate, alter. add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and conmmication systems (hereinafter referred to as "systemsa), consisting of wires, underground conduits, cables, vaults, manholes, handhales, 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 by electrical means, in, on. over, under, across and along that certain real property in the County of LOS ANGELES. State of california. described as follows: Tile southeasterly 10 feet of the northeasterly 23 feet of Lot "S" in Block 195 of the Town of Santa Monica, as per map recorded In Book 39, pages 45 to 51 of Miscellaneous Records, in the Office of the Recorder of said County. Grantee shall have the right of ingress and egress to the easement at any reasonable time in order to use, maintain. operate, repair, replace, reconstruct, inspect and remove the systems which the Grantee Installs in the easement area. Grantee accepts this easement and right of way with the knowledge that the Grantor intends to improve the easement area by constructing a building. Also Grantor agrees that in making such improvement, Grantor shall adequately protect Grantee's systems against such improvement. Grantor expressly agrees for itself, its successors and assigns, not to hold the Grantee and its ~L. ...! ~L. _ ".~ _ __ . -rl _ _ .... J.._...__ r...__..._ _,.. __ L......__......f__ . n 8 i 0 II Z n ~ !!! c II 0 E . 1'1 III ft :0 Z r > -l . >> -l JI . is ;a >> < .. Z II r- -l >> :II . III JI lI> . lI> Z .. III J -l "II .. :I: III II JI :II . Z .. -l . ~ JI a >> 0 )C i ~ .. i 0 z a 0 0 .. Z . ~ III III < 0 )lo r- n c: - ~ III 4 e - ..: of Easement .i Order No. 6742-2174; 7-2109 ~ge 2 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. EXECUTED thi s 7th day of Ma rch 1989 . - . City Coud 1 THE MlU(l'WCXcmtOltm OF THE CITY OF SANTA :.ICA':i7~ JOhn-~~jl~it Ci~ By~~dr~ -C 1.ffi ce E. JohnserV,' City C 1 e rk STATE OF CALIFORNIA COUNTY Of UJ~ A~..u:..s.. . 55. \ On Ma r c h 7, 1 989 before me, a Notary Pub 11 c in and for sa i d Sta te, persona 11 y appeared John Jal i Ii, and Clarice E. Johnson . known to me (or proved to me on the bas is of satisfactory evidence) to be the City Manage r and Ci ty Clerk . respectively, of the city of SANTA HONICA. the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the municipal corporation. WI~;;;;rjt~ _ 'P'- ~ /' - _______~ ~ ~~-...c, - n ,_n OFFICIAL SEAL \ GRANT T BURTON .- Notary Publlc-CaUfomla E - · LOS ANGELES COUNTY My Comm Exp Dee 30,1991 . -l . ~~ -....;...____...-..,.. __--- _ . ,-___' ~~O'll ~-- .....- ~ 823Od-2:1IIO _t.._ _ ~____I...._...... _-............I. ______.A..... oIJIL..-. A...__..Io.__ __..... 1......_ ___"'__.-.L___ _....-.......L_ __. ___.._ ......___ _............ ...-. - ~--