RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY – 2ND FLOOR
POMONA, CA 91768
A
TTN: TITLE & REAL ESTATE SERVICES
SP ACE ABOVE THIS LINE FOR RECORDER'S USE
Location: City of Visalia DOCUMENTARY TRANSFER TAX $________________ Serial No. 73371A Service Order 802246563
A.P.N: 119-010-021
V&LM File No.: ACQ204159600
SCE Doc No.: 527983
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SC E Company.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name Approved
Vegetation & Land
Management
BY S F DATE 06/20/2023
G
RANT OF
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C ITY OF VISALIA, a municipal corporation, hereinafter referred to as “GRANTOR ,” does hereby grant to SOUTHERN CALIFORNIA EDISON COMPANY , a California corporation, hereinafter referred to as “GRANTEE,” a temporary, non -exclusive easement for construction -related purposes (“Temporary Construction Easement”) in, over, under and across those portions of real property located in the County of Tulare, State of California, and more particularly identified as follows:
THAT PORTION OF THE WEST HALF OF SECTION 5 AND THAT PORTION OF THE EAST HALF OF S
ECTION 5, LYING WEST OF THE WESTERLY LINE OF THE RIGHT OF WAY OF TH E SOUTHERN PACIFIC RAILROAD COMPANY, ALL IN THE TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERDIAN.
EXCEPTING FROM THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, THAT PORTION THEREOF LYING WITHIN THE LINES OF THE 200 FOOT RIGHT OF WAY GRANTED TO THE SOUTHERN PACIFIC R AILROAD COMPANY, BY ACT OF CONGRESS APPROVED JULY 27, 1866.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED DECEMBER 15, 1958 AND RECORDED IN BOOK 2112 AT PAGE 83 OF OFFICIAL RECORDS.
ALSO EXCEPTING THE SOUTH 40 FEET THEREOF.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED DATED APRIL 18, 2022 AND RECORDED OCTOBER 18, 2022 AS DOCUMENT NO. 2022 -0063716 OF OFFICIAL RECORDS.
Those parcels legally described in the attached Exhibit A and depicted in the attached Exhibit B , as said Exhibits are incorporated herein by this reference (collectively, the “Easement Areas”).
1. Use of the Easement Ar eas. Use of the Easement Areas, and exercise of the easement right s granted herein, shall be limited solely to those activities which are related to and necessary for GRANTEE’s development and installation of electrical generation, transmission and/or distribution CT Parcels 96002-3 & 96002-4
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-2-
facilities (and improvements related thereto [collectively, the “Utility Facilities”]) on properties that are located adjacent and/or proximate to the Easement Areas. Specif ically, during the Term of this Temporary Construction Easement (as defi ned below), GRANTEE shall have the following rights relative to the Easement Areas:
a. The right to enter upon and pass and repass over and along the Easement Areas for the construction, reconstruction, enlargement, repair and maintenance of such improvements as are required for, or otherwise necessitated by, Grantee’s development and installation of the Utility Facilities.
b. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for pu rposes of facilitating the development and installation of the Utility Facilities.
c. The right to store, maintain and operate on the Easement Areas such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities.
d. The right to install, operate, maintain and replace on, over, under and within the Easement Areas such temporary poles, footings, lines and other improvements as are necess ary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities.
2. Term of Temporary Construction Easement . The Temporary Construction Easement sh all commence on the Effective Date hereof (as defined below) and shall automatically terminate and expire upon (i) the date construction of the Utility Facilities is completed or (ii) the second (2 nd) anniversary of the Effective Date, whichever date shall first occur (the “Term ”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect.
3. U se of Gates; Removal of Materi als Impeding the Easement. GRANTEE shall have the right to use gates in all of GRANTOR’s fences which presently or hereafter cross the Easement Areas, and to remove, trim, cut and clear away any trees and brush within the Easement Areas (and relocate any other materials situated, placed or appearing within the Easement Areas) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.
4. O
bligation to Restore Easement Areas. After c ompletion of any work performed by GRANTEE or its agents, contractors or employees which distur bs the surface of the Easement Areas, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its origin al character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement, but specifically excluding the obligation to replace/replant any trees or shrubs trimmed, cut or cleared in connection with the provisions of Section 3, above).
5. O
bligation to Obtain Necessary Approvals . Prior to engag ing in any activity upo n the Easement Areas, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “ Approvals”) which are or may be required from any body, agency, or department with jurisdiction over the Easement Areas.
6. R ights Retained by GRANTOR . The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within th e Easement Areas to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE.
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-3-
7. Indemnification.
a. GRANTEE. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representatives”), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fees and court costs) arising directly or indire ctly out of the acts or omissions, intentional or otherwise, of GRANTEE , its employees, agents, contractors and representatives (collectively, the “Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easeme nt by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent d etermined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.
b. G
RANTOR . GRANTOR hereby agrees to indemnify, defend (with counsel acceptable to GRANTEE), release and hold harmless GRANTEE and the Grantee Representatives, and each of them, and its and their property from all loss, liability, dama ges, claims, costs and expenses (including attorneys’ fee and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTOR or the Grantor Representatives in connection with the use of the Easement Areas by GRANTOR and/or the Grantor Representatives or any material breach of thi s Temporary Construction Easement by GRANTOR; provided, however that nothing contained in this paragraph shall operate to relieve GRANTEE from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTEE, the Grantee Representatives, or any of them.
Payment shall not be a condition precedent to recovery under the forgoing indemnity.
8. G eneral Provisions.
a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be bin ding upon the parties and their respective grantees, heirs, successors and assigns. b. E ffective Date. This Temporary Construction Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument. c. Au thorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Te mporary Construction Ea sement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing.
d. A
ttorney’s Fees. In the event of any dispute between the parties regarding the enforc ement or effect of this Temporary Construction Easement, the non -prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-4-
e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.
EXECUTED this ________ day of _____________________, 20_____.
CITY OF VISALIA, a municipal corporation
By: ___________________________________________
Name:
Its:
By: ___________________________________________
Name:
Its:
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accu racy, or validity of that document.
State of California )
) ss.
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the ent ity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-6-
A Notary Public or other officer complet ing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac y, or validity of that document.
State of California )
) ss.
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY un der the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
Exhibit “A”
Exhibit “A”
Description of the Easement Area
[To Be Attached]
Exhibit “B”
Exhibit “B”
Depiction of the Easement Area
[To Be Attached]