CONTRACT 3281 Easement AgreementThis page is part of your document - DO NOT DISCARD
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03 3775951
RECORDED/FILED IN OFFICIAL RECORD:
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
8:04 AM DEC 15 2003
TITLE(S) :
II�hAMW S HIE EV'T
vee
EE::01,
CODE
20
CODE
19
CODE
9
Assessor's Identification .Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
- THIS FORM NOT TO BE DUPLICATED A
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
City of El Segundo
City Clerk's Office
350 Mail Street
El Segundo, CA 90245
328
03 3775951
IS LINE RESERVED FOR RECORDER'S
TITLE(S)
EASEMENT AGREEMENT
Between the CITY OF EL SEGUNDO, a municipal corporation, and
SHELL CALIFORNIA PIPELINE COMPANY LLC
LAX Airport Products 8 -inch Pipeline #6
a
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Recorded by and return to: 03 3775951
Shell Pipeline Company LP
ATTN: Land & Permitting Section
1801 -A Petrol Road
Bakersfield, CA 93308
NO DOCUMENTARY TRANSFER TAX.
California Revenue & Taxation Code
Sec. 11901 et. seq.
EASEMENT AGREEMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
THIS EASEMENT AGREEMENT ( "Agreement ") is made and executed this � 0 day
of Off. , 2003, between the CITY OF EL SEGUNDO, a municipal corporation
( "GRANTOR "), and SHELL CALIFORNIA PIPELINE COMPANY LLC ( "GRANTEE "), a
Delaware limited liability company.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto agree as follows:
1. GRANT OF EASEMENT; DESCRIPTION OF PROPERTY. GRANTOR grants to
GRANTEE an easement for the LAX AIRPORT PRODUCTS 8 -INCH PIPELINE #6, on the
terms and conditions below, on a portion of real property and all adjoining lands of the
GRANTOR to the Property, that is more particularly described in attached Exhibit "A" and
incorporated by reference ( "Property ").
2. USE OF PROPERTY.
A. GRANTEE may use the Property to lay and construct pipelines, not to exceed
twelve (12) inches in diameter, together with connections, fittings and
appurtenances (including, but not limited to, communications and electrical cables
buried within the easement with necessary splice points below ground level, air
patrol markers, valves, and corrosion control equipment) ( "Pipeline ") for the
transportation of oil, petroleum or any of its products, gas, water or any other
substance or substances associated therewith, in, on, over, along, through, upon,
under and across the Property of the GRANTOR, and to operate, inspect,
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maintain, preserve, protect, repair, renew, substitute, change the size of and
remove or abandon the same; together with the right to do such clearing and to i
make such excavations, cuts and fills with mechanical and other appliances and
equipment or otherwise, as may be reasonable necessary to the exercise of the
rights herein granted; together with the right of ingress to and egress from and
over the Property for the purposes aforesaid.
B. GRANTEE, its employees, and agents, at any and all times when necessary, will
have reasonable access to the Pipeline. However, GRANTEE must comply with
all applicable laws and codes.
3. GRANTEE'S RESPONSIBILITIES.
A. GRANTEE will submit engineering plans and specifications to GRANTOR for
the installation of Pipeline
B. GRANTEE will exercise the rights granted above in such manner as to interfere
as little as may be practicable with the GRANTOR'S use and enjoyment of the
Property. GRANTEE and its employees and agents may access the Pipeline, over
such route as GRANTOR may designate or approve, for the purpose of exercising
the rights granted above.
C. If any public property is damaged by GRANTEE'S use of the easement, or for
any other cause arising from GRANTEE'S operation of its Pipeline.
GRANTEE will, at its own cost and expense, immediately repair any and all such
damage and restore the Property or portion to as good condition as before such
usage or cause of damage occurred. All such repair and restoration must be
completed under the direction and satisfaction of GRANTOR.
D. By accepting this Agreement, GRANTEE agrees to bury the Pipeline to a
minimum depth of four (4) feet so as not to interfere with GRANTOR'S use of
the Property, except where immovable rock is encountered, then the Pipeline must
be buried not less than twenty -four (24) inches beneath the surface of the
Property.
E. The Pipeline installed pursuant to this Agreement must, when installed, lie within
an easement ten (10) feet in width, the centerline of which easement will be the
centerline of the as -built Pipeline. GRANTEE must evidence such designation by
filing a written description of such centerline for record in the Los Angeles
County Recorder's Office either before or after the commencement of any
operations hereunder, but, in any event, within one (1) year from the date hereof.
GRANTEE also has the right to reasonably use such temporary workspace as
needed during construction and on going maintenance of the pipeline (in addition
to the 10 foot wide strip).
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4. TERM. The easement granted in this Agreement will be a perpetual easement.
5. CONDEMNATION. If all or part of the Property is acquired by eminent domain or
purchase in lieu thereof, GRANTEE acknowledges that it will have no claim to any
compensation awarded for the taking of the Property or any portion thereof or for loss of or
damage to GRANTEE's improvements. In the event of an eminent domain or sale proceeding,
GRANTEE shall not lose its easement rights. GRANTOR shall guarantee such easement right to
GRANTEE.
6. ALTERATIONS. GRANTEE will not make, or cause to be made, any alterations to the
Property, or any part thereof, without GRANTOR's prior written consent.
7. HAZARDOUS /TOXIC WASTE. GRANTOR has not, nor, to GRANTOR's knowledge,
has any third party used, generated, stored or disposed of, or permitted the use, generation,
storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the
Property in violation of any law or regulation. GRANTEE agrees that it will not use, generate,
store or dispose of any Hazardous Material (as defined below) on, under, about or within the
Property in violation of any law or regulation. GRANTEE agrees to defend and indemnify
GRANTOR, to the extent stated in Section 8, against any and all losses, liabilities, claims or
costs arising from any breach of any warranty or agreement contained in this Section. As used in
this Section, "Hazardous Material" means any substance, chemical or waste that is identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation
(including petroleum and asbestos).
8. INDEMNIFICATION.
A. GRANTEE will hold GRANTOR harmless and free from any and all liability
arising out of this Agreement, or its performance. Should GRANTOR be named
in any suit, or should any claim be against it, by suit or otherwise, whether the
same be groundless or not, arising out of this Agreement, or its performance,
pursuant to this Agreement, GRANTEE will defend GRANTOR (at
GRANTOR'S request and with counsel satisfactory to GRANTOR) and will
indemnify it for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "GRANTOR" includes GRANTOR'S officers,
officials, employees, agents, representatives, and volunteers.
C. GRANTEE expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of
California and that if any portion is held invalid, it is agreed that the balance will,
notwithstanding, continue in full legal force and effect.
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03 3175951 32 8 1 .' �
D. The requirements as to the types and limits of insurance coverage to be
maintained by GRANTEE as required by Section 9 below, and any approval of
said insurance by GRANTOR, are not intended to and will not in any manner
limit or qualify the liabilities and obligations otherwise assumed by GRANTEE
pursuant to this Agreement, including but not limited to the provisions concerning
indemnification.
9. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, GRANTEE will procure and maintain the following types
of insurance with coverage limits complying, at a minimum, with the limits set
forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 1185 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies must be
endorsed to name GRANTOR, its officials, and employees as "additional
insureds" but only to the extent of the liability assumed hereunder by GRANTEE
under said insurance coverage and to state that such insurance will be deemed
"primary" but only to the extent of the liability assumed hereunder by GRANTEE
such that any other insurance that may be carried by GRANTOR will be excess
thereto. Such insurance will be on an "occurrence," not a "claims made," basis.
C Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, or similar form for GRANTEE owned Autos
D. GRANTEE will furnish to GRANTOR duly authenticated Certificates of
Insurance and Endorsements evidencing maintenance of the insurance required
under this Agreement as may be reasonably required by GRANTOR from time to
time. Insurance must be placed with insurers with a current A.M. Best Company
Rating equivalent to at least a Rating of "A:VII. or at Shell's option may be
placed with a captive insurance company.
10. COMPLIANCE WITH LAW. GRANTEE will, at its sole cost and expense, comply with
all of the requirements of all federal, state, and local authorities now in force, or which may
subsequently be in force, pertaining to the Property and will faithfully observe in the use of the
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03 3775951 3281 �
Property all applicable laws. The judgment of any court of competent jurisdiction, or the
admission of GRANTEE in any action or proceeding against GRANTEE, whether GRANTOR
be a party thereto or not, that GRANTEE has violated any such ordinance or statute in the use of
the Property will be conclusive of that fact as between GRANTOR and GRANTEE.
11. NO IMPLIED WAIVER. The waiver by GRANTOR of the performance of any covenant
or condition under this Agreement shall not invalidate this Agreement nor shall it be considered
a waiver by such party of any other covenant or condition under this Agreement.
12. NOTICES. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this Agreement or by law to be served on or given to
either party to this Agreement by the other party will be in writing and will be deemed served
when personally delivered to the party to whom they are directed, or in lieu of the personal
service, upon deposit in the United States Mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to GRANTEE at:
To GRANTEE at: Operations Manager
Shell Pipeline Company LP
20945 S. Wilmington Ave.
Carson, CA 90810 -1039
or to GRANTOR at: City Clerk
City of El Segundo
350 Main Street
El Segundo, CA 90245
Either party may change its address for the purpose of this Section by giving written
notice of the change to the other party.
13. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements
ancillary to this Agreement and related documents to be entered into in connection with this
Agreement will be considered signed when the signature of a party is delivered by facsimile
transmission. Such facsimile signature will be treated in all respects as having the same effect as
an original signature.
14. GOVERNING LAW. This Agreement has been made in and will be construed in
accordance with the laws of the State of California and exclusive venue for any action involving
this Agreement will be in Los Angeles County.
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15. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court of
competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this
Agreement will remain in effect, unimpaired by the holding.
16. ENTIRE AGREEMENT. This instrument and its Attachments (including those referenced
in Section 2) constitute the sole agreement between GRANTOR and GRANTEE respecting the
Property, the use of the Property by GRANTEE, and correctly sets forth the obligations of
GRANTOR and GRANTEE. Any agreement or representations respecting the Property not
expressly set forth in this instrument are void.
17. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
18. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written agreement.
COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
This grant shall inure to the benefit of and be binding upon Grantor and Grantee, their
administrators, successors and assigns.
[SIGNATURES ON NEX PAGE]
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3281•...
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
a general law ity and municipal corporation.
yS
City Manager
ATTEST:
�vd�'!'lG/YVK
Cindy Mortesen,
City Clerk
APPROVED AS '
Mark D. Hen
Lm
��6797-- 11�?
Karl H. Berger,
Assistant City )
MLL CALI O I IPELINE
P LL
V. K. Hatley, Attorney in Fact
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03 3775951 3281
North 58 035'04 "West 40.90 feet to above - described curve having a radius of 350.00 feet;
thence southeasterly, along said last- mentioned curve, and continuing southeasterly, along
said course described as having a bearing and distance of South 44 043'35" East 10.47 feet
to the TRUE POINT OF BEGINNING.
Containing: 568± square feet.
APPROVED AS TO DESCRIPTION
LJulv 1 , 200
CO Y OF LOS ANGELES
By _
SU G CADASTRAL ENGINEER II
Mapping and Property Management Division
EXHIBIT A
Page 2 of 2
03 3775951 110
ACKNOWLEDGEMENT 3 2 8 1
STATE OF TEXAS
COUNTY OF HARRIS
On November 18, 2003, before me, Connie J. Morrison, Notary Public, personally
appeared V. K. Hatley, personally known to me to be the person whose name is
subscribed to within this instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
CONNIE J. MORRISON
Notary Public, State of Texas
Notary s Sig My Commission Expires 09 -07 -05
r
F
03 3775951 � a
File with: DOUGLAS STREET (2)
Gap Closure /Grade Separation
A.P.N. 4138- 010 -900
T.G. 732 (J3)
I.M. 069 -157
Fourth District
M02D6854
LEGAL DESCRIPTION
PARCEL NO. 2-2U:
That portion of Lot 22, Tract No. 26557, as shown on map recorded in Book 675, pages 95
through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles,
within the following described boundaries:
Commencing at the most northerly corner of said lot; thence South 62 123'46" East, along
the northeasterly line of said lot, a distance of 4.23 feet to a point, said point being the
beginning of a non - tangent curve concave easterly and having a radius of 414.15 feet, a
radial of said curve to said point bears North 75 023'44" West; thence southerly, along said
curve, through a central angle of 4 123'34 ", an arc distance of 31.75 feet to a point, said
last- mentioned point being the beginning of a non - tangent curve concave easterly and
having a radius of 291.00 feet, a radial of said last- mentioned curve to said last- mentioned
point bears North 75 036'44" West; thence southerly, along said last- mentioned curve,
through a central angle of 25 1103'44 ", an arc distance of 127.29 feet; thence non - tangentto
said last- mentioned curve, South 22 029'23" East 34.57 feet to the beginning of a tangent
curve concave northeasterly and having a radius of 350.00 feet; thence southeasterly,
along said last- mentioned curve, through a central angle of 22 014'12 ", an arc distance of
135.84 feet; thence tangent to said last- mentioned curve South 44 04335" East 10.47 feet
to the TRUE POINT OF BEGINNING, said last- mentioned point also being the beginning of
a non - tangent curve concave to the southwest and having a radius of 195.00 feet, a radial
of said last- mentioned curve to said last- mentioned point bears North 30 004'25 "East;
thence southeasterly, along said last- mentioned curve, through a central angle of
10 044'00 ", an arc distance of 36.53 feet to the southeasterly line of said lot; thence
northeasterly, along said southeasterly line, to a curve concentric with and 10 feet
northeasterly, measured radially, from said curve described as having a radius of 195.00
feet; thence northwesterly, along said last- mentioned curve, through a central angle of
09 028'28 ", an arc distance of 33.90 feet; thence tangent to said last- mentioned curve,
EXHIBIT A
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