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S101.. ` oc-1842 �. 1000 1 -36 {pp,.,ed as W i.,. by Chiei Counsel July 20, 1929 1 _ 9 -8 -434 a;4is Nbitn#nrr made this 15th day of August, 1940 between PACIFIC ELECTRIC RAILWAY" COMPANY, a California Corporation, party of the first part, and the CITY OF -:L SEGTJNDO, a municipal corporation of the State of Calif orniq, party- of the second part: Ttnpfjp#4; That said part- of the first part hereby grants to said party of the second part, ease - mentfor sewer purposes, hereinafter termed system, across that part of the right of way or property of said party of the first part in City of El Segundo State of California, described as follows: County of Los Angeles, A strip of land, 2 feet in width, being a portion of Lot 434 in Block 123, of Sheet 8 El Segundo, as per map recorded in Book 22, pages 106 and 107, of !Maps, Los Angeles County Records, the center line of said strip of land being described as follows; Beginning at the most northerly corner of said Lot 434, thence South 5400911211 East along the northeasterly line of said Lot, 100 feet; thence South 3505014811 ?PIrest 1 foot to the True Point of Beginning, said True Point being in the center line of that certain Easement granted to the City of E1 Segundo by deed recorded in Book 17186, page 4 Official Records of Los Angeles County; thence North 5400911211 West 40 feet; thence South 3505014811 west 78 feet; thence North 54-00911211 West 2.83 feet more or less to a point of intersection with the westerly line of said Lot 434. The above described strip of land is shown colored red on plat C.E.K. 2219 -a hereto attached and made a part hereof. The rights and privileges hereby ganted shall lapse and become void if not exercised within one year from the date hereof. Upon the termination of the rights herein granted to the party of the second part, as hereinafter provided, the said party of the second part shall thereupon remove said structure and restore said premises, as nearly as possible, to the same state and condition they were in prior to the construction thereof, failing in v.hich the party of the first part may perform such work and the said party of the second part agrees to reimburse the party of the first part for the cost and expense thereof upon demand. ak firc3 cl `� A,,l�aw y, z -. TOGETHER with the right to enter upon and to pass and repass over and along said strips of land and to deposit tools, implements and other material thereon by said party of the second part, its officers, agents and employees and by persons under contract with it and their employees, whenever and wherever necessary for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repairing said system. IT BEING expressly understood and made a condition of this grant that the right of the party of the first part, its successors or assigns to maintain its present and any future tracks along these parcels shall be recognized as prior in time to this grant. IN CONSIDERATION of the foregoing grant the party of the second part hereby agrees to indemnify and save harmless the party of the first part, its successors and assigns from any and all damages, claims, demands and liabilities whatsoever growing directly or indirectly out of the construction, reconstruction, maintenance, operation, or removal of said system. The party of the second part agrees to construct, reconstruct, maintain, operate, remove and alter said system in such manner that it will not interfere in any way whatsoever with the operations of said party of the first part, its successors or assigns, and that the location of said system and all work in connection with the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said system shall be done in a first class workmanlike manner. The party of the second part agrees that upon completion of any work in connection with said system, as much as possible of the earth excavated from the trenches thereof shall be thrown back into the trenches and the remainder shall be removed from the premises or spread out evenly and smoothly over the surface of the ground, and that all of said back - filling shall be thoroughly packed so that the ground will not sink or cave in after said back- filling is completed. THE GRANT hereby made is upon the further condition subsequent that the premises aforedescribed shall at all times be used by the party of the second part for the purposes bereinbefore set forth, and none other, and if at any time such use shall be abandoned or discontinued, all rights and privileges hereby granted shall forthwith cease and determine and the party of the first part, its successors and assigns shall be restored to its former estate in said premises. THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may affect the property and the word "grant' as used herein, shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF the parties hereto have caused respective corporate names and seals to be affixed hereunto and these presents executed by their respective officers thereunto duly authorized and year first above written. V President. (SEAL) By,;f-- -1---- -= J v YLIC-t U< ---- --- - --- - -------- - ---- ?Af"t,' k Secretary. CITY OF ZL SEG714DO i Hy` —P %�/ (SEAL} By #U ft of Talffornia TVU1 gdirXJ5Angries (ss. On this --- _28th _ ___day of F. A. ALSPACH said County, personally known to me to be the President, August 0. A. SMITH L. A. LOVELL 19_40-1 before me, Notary Public in and for known to me to be the Secretary of the PACIFIC ELECTRIC RAILWAY COMPANY, the Corporation that executed the within and foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such Corporation executed the same. 30ttlWoo my hand and official seal the day and year in this certificate first above written. — - -- - -- - - - - -- - - - - -- - -- -- - - - - -- NOTARY in and for the County of Lo Angeles, State of Calif -ftia. x CERTIFIED COPY OF EXCERPT FROM RESOLUTION ADOPTED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA. OCTOBER 24TH, 1940. "RESOLVED, that that certain easement for sewer purposes, between Pacific Electric Railway Company, as party of the first part, and the City of El Segundo, a Municipal Corporation, of the State of California, as party of the second part, dated the 15th day of August, 1940, and conveying to said City an easement for sewer purposes across the following described real property, located in the City of E1 Segundo, County of Los Angeles, State of California, to -wit: A strip of land, 2 feet in width, being a portion of Lot 434, in Block 123, of Sheet 8, E1 Segundo, as per map recorded in Book 22, pages 106 and 107, of Maps, Los Angeles County Records, the center line of said strip of land being described as follows: Beginning at the most northerly corner of said Lot 434, thence South 54009112" East along the northeasterly line of said Lot, 100 feet; thence South 35050148" West 1 foot to the True Point of Beginning, said True Point being in the center line of that certain Easement granted to the City of E1 Segundo by deed recorded in Book 17186, page 4 Official Records of Los Angeles County; thence North 54009112" West 40 feet; thence South 35050148" West 78 feet; thence North 54009112" West 2.83 feet more or less to a point of intersection with the westerly line of said Lot 434, be and the same is hereby accepted by and on behalf of the City of E1 Segundo and the City Clerk is hereby authorized and instructed to cause said easement to be filed for record in the office of the County Recorder of Los Angeles County California; AND, BE IT FURTHER RESOLVED * *4 * * * * * * * * * * * ". STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES,) SS. CITY OF EL SEGUNDO. ) I. VICTOR D. MCCARTHY, being the duly elected, qualified and acting City Clerk of the City of EL Segundo, California, do hereby certify that the foregoing excerpt from resolution is a full, true and correct copy of excerpt from a resolution adopted by the City Council of the City of E1 Segundo, California, at an adjourned regular meeting of said Body held on the 24th day of October, 1940, and that said resolution was so adopted by the following vote, to -wit: Ayes: Councilmen Hesser, Love, Selby and Mayor Binder. Noes: Councilmen None. Absent: Councilman Gerow. In Witness Whereof, I have hereunto set my hand and affixed the official seal of the City of E1 Segundo this 25th day of October, 1940.