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CONTRACT 726 Other{'i'l ."r THIS AGREEMENT, dated the 28th day of — — _ June — _ _, 19 51, by and between STANDARD OIL COMPANY OF CALIFORNIA, a'corporation, hereinafter termed Grantor, and Cl' y OF EL SEGUNDO, a municipal, corporation of the State ofC � fo hereinafter termed Grantee, WITNESSETH,: Grantor, for and in consideration of the full and prompt performance of the things to be performed by Grantee as hereinafter set out and contained, hereby grants to Grantee, subject to termination as hereinafter provided and under the terms, conditions and provisions hereinafter contained, a right of way and easement to lay, construct, maintain, operate, repair, renew, and remove a metering manifold and necessary appurtenances for the transportation of water in, under, along and across that certain parcel of land situate in the County of Los Angeles, State of California, and described as follows, to -wit: A portion of Lot 2, Tract No. 1314, as shown on map recorded in Book 20 of Maps at Page 161, in the office of the County Recorder, County of Los Angeles, California, more particularly described as follows: Beginning at a point which is S. 00 01, W., a distance of 12.00 feet and West a distance of 61.10 feet from the northeast corner of said Lot 2, and running thence, S. 00 011 W., 57.92 feet, thence West 23.25 feet; thence N. 00 1+ E., 20.63 feet; thence East 18.25 feet; thence N. 00 011 E., 37.29 feet; thence East 5 feet, more or less, to the point of beginning. The parcel of land upon which said metering-maniford shall be constructed is more particularly shown in red on_the attached Drawing No. 1—E, dated March ll, 1951, attached hereto and made a part hereof. It is expressly understood between the parties hereto that the check valves FE-23-:-A (FEE PIPE) (ii-RB) (7) MM Grantee shall not interfere with or obstruct the use of said premises by Grantor, or injure or interfere with any person or property on or about said premises. Grantee, in the exercise of the rights granted to it hereunder, shall not do or permit to be done any welding or operations involving sparks or flame within a distance of 300 feet from any oil or gas well, or oil, gas or gasoline container, or place of discharge to atmosphere of oil, gas or gasoline, whether located on the premises or on adjacent lands, without prior consent of Grantor, and then only subject to and in accordance with the provisions hereof and such other conditions as may be expressed in said consent. used In connect cin with sa,3 d meterin manifold ' � Grantee sha&1 bury pipe hn t i that it will pass berte t i previously Jai pipe lines w ich it may cross, and so that it will be at all points at least eighteen (18) inches below the surface of the ground, and slxall promptly and properly back -fill all excavations made by or for Grantee on the premises. mete fold Whenever, in the opinion of Grantor, said inter enn., with Grantor's use of or operations upon the premises, Grantee shall, at its own ex e tt � wty (00) days after written request therefor by Grantor, lower or relocate and reconstruct said o n a x..s said) premises to the depth or along the route specified by Grantor in such request, and shall restore said premises as nearly as possible to the same state and condition they were in prier to the lowering or prior to the reconstructing of said as the case may be M E3r1n T manifold mteter� maTli,iCt Granteeand its employees and agents, at any and all times when necessary, shall have free access to the said over such reasonable rotate as Grantor niay designate or approve, for the purpose of exercising the rights licreh'y granted. This grant of right of way is personal to Granite and shall not be assigned by Grantee, in whole or in part, without the written, consent of Grantor first being had. No written consent.by Graantor°hereunder shall be deemed a waiver by Grantor of any of the provisions hereof, except to the extent of such consent, It is further understood and agreed that this agreement and the rights and -privileges herein given Grantee, shalt terminate in the event that Grantee shall: fail, for a period of one .year, ,to maintain grad operate said me ergmanifold. Grantor or Grantee shall have the right at any time to terminate any portion or all of the rights hereby granted by giving to the other party hereto ninety (90) days notice in writing of its intention, so to do. . In the event of the termination of this grant of right of way Grantee shall thereupon, atits own expense and risk, remove all pipe and any other property placed by or for Grantee upon said land, s as nearly as r possible to the same state and condition they were in prior to the Construction of sai u „ a z s ou d fail so to do within sixty (60) days after such termination„ Grantor may ,so do, at the risk of Grantee, and all cost arid, expense, of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten per cent per annum,, shall be paid, by Grantee upon demand; and in vase of a"suit to enforce or collect the same, Grantee agrees to pay Grantor in addition a reasonable attorney's fee to be dyed and allowed by the court. Upon the termination of the rights hereby granted, Grantee shall execute and dehve r to Grantor, within thirty (30) days after service of a written demand therefor, a good and sufficient quitclaim deed to the rights hereby granted. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, ai written notice. by Grantor reciting the falure or refusal of Grantee to execute and deliver said quitclaim deed, as herein provided, and terminating* said grant shall, after ten (10) clays from -the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the: termination of said grant. Gra"tidiesa r before the same become delinquent, all charges, taxes, rates and assessments upon or ✓ against swn property or improvements placed by,or for Grantee upon said premises, but GrantorOM may, at all nydelinquency, pay and discharge all of such delinquent charges, taxes, rates and assessments„, after reasonable verification thereof, and all such payments so made by Grantor, with interest thereon at the rate of ten per cent per annum from date of payment., will, be paid by Grantee upon demand. The amount of such payments and interest shall be a charge and lien against all pipe and other property placed by or for Grantee on said premises, and in case of a suit, after such demand, to enforce or collect the same, Grantee agrees to pay Grantor in addition thereto a reasonable attorneys fee to be fixed and allowed by the court. Grantee shall be responsible for, and shall pay the party or parties entitled to ,payment for, any damage to or loss of property, or injury to or death of person, that directly or indirectly may be caused by or arise or result from the exercise or enjoyment of any of the rights herein granted, and shall hold. Grantor harmless from.,and indemnify it against any and all claims therefore, irrespective of any negligence of Grantor. Such damage or loss, if suffered by Grantor and if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one thereof to be appointed by Grantor, one by Grantee, and the third by the two so appointed as aforesaid, and the award of such three persons, or any two of them, shall be final and conclusive. Grantee agrees to hold Grantor harmless from and to indemnify it against any claim for damage to or loss of property of Grantee in, on, and about the right of way herein granted, or injury to or death of any person on said premises on behalf of or at the invitation of Grantee, whether such, claim arise out of the negligence of Grantor or otherwiae. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to said other party at its principal place of business, and the same shall be sufficient service of such notice. Grantee hereby recognizes Grantor's title and interest in and to the land over which the aforesaid right of way is hereby granted and agrees never to assail or resist Grantor's title or interest therein. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. I It is understood and agreed that this grant is made subject to all vadid and existing licenses, leases, grants, exceptions and reservations affecting said premises. IN WITNESS WHEREOF, the said parties hereto have caused this agreement to be executed in duplicate by their proper officers, who are thereunto duly authorized. STANDARD OIL COMPANY OF CALIFORNIA By............ .. ............ * .................. . *"""** ---------- WMW* Manager, Real Estate and Right of Way Department CITY OF EL SEGUM ........... twor ,At teVed.....) city (3) Ir 0 f/ 1.1A,61 S 01M TIES, SECTION CUMERS A!'D BOUNDARIES SHOWN ON THB MAP ARE 1,,:',T BRIMWNG ON GRANTC11' EXCEPT FIGR THE PUDPOSE OF IN- G T: F 0 1 " UZ. REFIERRED TO IN THE ANINUX11) AGREYMENT. STAdMAIRD MUL COMPANY El r CAI R F f!;, N IIA r" I -ry OF El 5c,;�x,ino, Dokc'/Ey' or: .1,&1JDARr) (IL GO- KI PA N Y F. E, METERJKIG /V/ STANDARD OIL BUILDING REAL ESTATE &RIGHT-OF-WAY DEPARTMENT A. G. WARREN Los ANGELES 54, CALIFORNIA =UPE'ItENC EX of 7 H of wa. July 5, 1951 Water Service, El Segundo Refinery Our F"i1e 8- 1 51 City of El Segundo Office of Engineering - Water Departments 209 West Franklin Avenue El Segundo, California Attention of Mr. Donald R. Short, Director of Public Works Gentlemen: Please refer to your letter of March 13, 1951 regarding an ease- ment for water metering facilities to serve our El Segundo Refinery. Attached is an agreement, in duplicate, dated June 28, 1951 to cover the metering installation. You will note that the agreement is terminable upon 60 days notice by either party, it being the feeling of this company that in the event the City shall in the future desire to use the above facilities to serve third parties, a more permanent agreement to cover may be arranged at that time. If the attached form of agreement is satisfactory for your purposes, kindly have the same executed on behalf of the City of E1 Segundo and return the duplicate original for our files. Very truly yours, STANDARD OIL COMPANY OF CALIFORNIA By zz,,. C. Superintendent of Right of Way PBS:el I Standard Oil Company of California Standard Oil Building Los Angeles 54, California Att.: A. C. Warren, Supt. Right of Way Subj.: Water Service, El Segundo Refinery Our File 8-3151 Pursuant to request contained in your letter of July 5, 1951, 1 return to you herewith duplicate form of agreement between your Company and the City of El Segundo, covering certain metering facilities to be installed in a portion of Lot 2, Tract 1314, El Segundo, as more particularly abit forth in said agreement. The form of agreement has been executed on the part of the Ci of El Segundo, as authorited by resolution of the City Coun of said City adopted at its regular meeting held July 11, 1 Very truly yours, isey, City Clerk. a �­kwvam. E--- 1 16 WO