S123i
EASEMENT
3261 501 425PA6
THIS INDENTURE, made this Z71JI day of &Zaber ,
1961, by and between PACIFIC ELECTRIC RAIU1 AY COMPANY, a Califor-
nia corporation, herein termed "Railroad ", and the CITY OF EL
SEGUITDO, a municipal corporation, herein termed "Grantee ",
WITNESSETH: FR=
1. Railroad, for and in consideration of the faithful
performance by Grantee of all of the terms, covenants and condi-
tions herein contained 'hereby grants to Grantee the right to con-
struct, reconstruct, maintain and operate a i5 -inch vitrified
clay sewer pipe line, herein termed "structure ", upon and across
that certain parcel of land situate in the City of El Segundo,
County of Los Angeles, and described as follows:
R l +'
A strip of land, 6 feet in width, situate in
the City of E1 Segundo, County of Los Angeles,
State of California, in Section 189 Township 3
South, Range 14 West, S.B.M., being all that por-
tion of that certain 80 -foot wide strip of land
"FIRST't described in deed to Pacific Electric Rail-
way Company, recorded on May 27, 1913 in Book 5750,
page 43 of Deeds, in the office of the Recorder of
said county,.and all that portion of that certain
real property described in deed to Pacific Electric
Railway Company, recorded on August 31, 1918 in
Book 6708, page 304 of said Deeds, lying 3 feet on
each side of the southerly prolongation of a line
parallel with and distant westerly 25 feet, measured
at right angles, from the center line of Douglas
Street, ?6 feet wide, as shown on map of Tract
No. 2655b, recorded in Book 675 , pages 93 and
94° -of Maps, in the office of said Recorder.
Subject to easements, restrictions, reservations,
Bondi ions and covenants of record.
W
RECORDED i[` GrFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
A.M.NOV 24 1961
Pas(
1 f'Fsi _ L6i, wu, lq ao6urCer
11/25/57 - Form C BKD 1425PcF 57
2,..-,,This grant is.made subjeet..and subordinate to the prier and
continuing right and obligation of Railroad, its successors and assigns
to use all the property described herein in the performance of its duty
as a common carrier, and for that purpose, there is reserved unto Rail-
road, its successors and assigns, the right (consistent with the rights
herein granted) to construct, reconstruct, maintain and use existing
and future railroad tracks, facilities and appurtenances and existing
and future transportation, communication and pipe line facilities and
appurtenances in, upon, over, under, across and along said property.
3. This grant is made subject to all licenses, leases, easements,
restrictions, conditions, covenants, encumbrances, liens and claims of
title which may affect said property and the word "grant" as used herein
shall not be construed as a covenant against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) year from the date first herein written.
5. Grantee shall bear the entire cost and expense of constructing,
reconstructing and maintaining said structure upon said property.
Grantee agrees that all work upon or in connection with said structure
shall be done at such times and in such manner as not to interfere in
any way whatsoever with the operations of Railroad. The plans for and
the construction of said structure shall be subject to the approval of
Railroad.
Grantee agrees to reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, incluiing, but not limited to, the installa-
tion and removal of such falsework and other protection beneath or
along Railroad's tracks, and the furnishing of such watchmen, flagmen
and inspectors as Railroad deems necessary.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or make
changes in the location thereof upon receipt of written notice from
Railroad so to do.
6. Grantee agrees to reimburse Railroad for any and all assess-
ments which may be levied by order of any authorized, lawful body
against the property of Railroa# (and which may have been paid by Rail-
road) to defray any part of the cost or expense incurred in connection
with the construction of sai# structure upon said property commenced
within one (1) year from the date first herein written.
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, reconstructing;
maintaining and making necessary repairs to said structure. Grantee
agrees to keep said property In a good and safe condition free from
waste, as far as affected by Grantee's operations, to the satisfaction
tff Railroad. If Grantee fails to keep said property in a good and safe
condition free from waste, then Railroad may perform the necessary work
at the expense of Grantee, which expense Grantee agrees to pay to Rail-
road upon demand.
8. In the event any work upon or in connection with said structure
or its appurtenances, to be done upon or adjacent to the tracks and
property of Railroad, should be let to a contractor by Grantee, such
work shall not be begun until such contractor shall have first entered
Into an agreement with the Railroad Company which operates on said pro-
perty, satisfactory to said Company and indemnifying Railroad from and
against all claims, liability, cost and expense growing out of the per-
formance of the work to be done by such contractor.
- 2 -
9/10/57 - Form C
BKD 1425PG758
Such contractor shall furnish, Pt the option of and without
expense to Railroad, c reliable surety bond, in an rmount and in a.
form sntisfe.ctory to srid Company, gunrrnteeing the frithful perform-
ance of ^11 the terms, covenants rod conditions contained in said
agreement, and a certified copy of a. policy of Public Liability rnd
Property Damage Insurance, v!ithin limits specified by, and in e form
setisfactory to, said Company, covering the contractual liability
assumed by contractor in said agreement to be entered into with srid
Company by such contractor.
9. Should Grantee, its successors or rssigns, at any time
abandon the use of said property or any pert thereof, or fail at any
*ime to use the same for the purpose contemplated herein for P. con-
tinuous period of one (1) year, the right hereby given shill terse
'o the extent of the use so abandoned or discontinued, and Railroad
shall rt once hrve the right, in addition to but not in qualification
of the rights hcreinabovo reserved, to resume exclusive possession of
said property or the part thereof the use of which is so discontinued
or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, egrets to remove said structure
°rom said property and restore said property as nerrly as practicable
to the same strte and condition in which it existed prior to the
construction of said structure. Should Grantor in such event fail,
neglect or refuse to remove said structure and restore said property,
such removal and restoration may be performod by Railroad n the
expense of Grantee, which expense Grantee agrees to pay to Railroad
Upon demand.
10. This indenture shall inure to the banefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNLSS 4M=-OF, the parties hereto hpve crused these
Presents to be executed as of the day -and year first heriain written.
CITY OF EL SEGUNDO
Mayor
STATE OF CALIFORNIA
1 55.
PACIFIC ELECTRIC RAILWAY COMPANY
By r
vice esi en$-& eneral, a4a r -"�
BKD 1425Pc759
ACKNOWLEDGMENT — CORP.. —PRES. & SEC., L. A. CO. —FORM 229 —REV. 7.58 My C'm"'i00 EXP" -s Fe bruery 27. 196769200
- 3 -
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