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S125I B K D4568 P G 125 STATE OF CALIFORNIA, ,t City and County of San Franciscof On of— November in the year One Thousand Nine Hundred and Sk* nine before me, John E. Jnrgens, a Notary Public in and fur the City an County f S F State of Cai{forMa, persmudly appeared (65 Market St.) R. L. Hdng and /V. at.ra 1 JOHN E. JURGENS known to me to be the General Manager and Asst.Seeretary NOTARY PUBLIC - CALIFORNIA PRINCIPAL C CITY PLACE OF COUNTYBUSINESS IN OF of the corporation_deaertbed in and that executed the within instrument, and also SAN FRANCISCO known to me to be the person a wdw executed it on behalf of the corporation therin named and the7—acknowledged to me that such corporation my Commission Expires June 13, 1973 executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate feet above written.C_'),� K-, Corporation My Commission Expires June 13, 1973 This is to certify that the interest in the real property conveyed by the within deed to the City of E1 Segundo, a municipal corporation is hereby accepted by order of the City Council on �- /� _9 19 Aa—s and the grantee consente to recordation thereof by its duly authorized officer. Dated ems. _�, c,�� y By ...j_ -_� City Clerk of t1e .City of El Segundo, California. (SEAL) :JI WHEN RECORDED N TO: ain Street RAF - VI - 42080/314 -4 - 9/17/69 mdo, Calif. 90245 '3548 THIS INDENTURE, made this 13th day of October , 1969, by and between SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware, herein termed "Railroad ", and CITY OF EL C7 Cil -a n N_ SEGUNDO, a municipal corporation of the State of California, hcrein termed "Grantee"; WITNESSETH: 6 1. Railroad hereby grants to Grantee, subject to the reser- vations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate an eight (8) inch sanitary sewer line within an eighteen (18) inch steel casing, hereinafter termed "structure ", beneath the tracks and property of Railroad at or near E1 Segundo, in the County of Los Angeles, State of California, crossing the center line of said tracks at Engineer Station 195 +20, Mile Post BBF- 501.14, in the location shown on the print of Railroad's Los Angeles Division Drawing A -8738, Sheet No. 1, dated April 1.969, attached and made a part hereof. Said structure shall be installed in accordance with the specifications indicated on the print of Drawing C.S. 1741, also attached and made a part hereof. -1- RY TMNSFER TAX 'Ji °_D Ci VUL VA.WE OF PROPERTY CONVEYED, - C . FU!_L `✓4LL,r LESS GINS AND � .,AINi 1 TIN, -- OF SALE. v tcx 111 � am_ 2/3/69 -' Form C B D4568 PG 122 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the per- formance of its duty as a common carrier and, for that purpose, there is reserved unto Railroad, 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 transporta- tion, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 3. This grant is made subject to all licenses, leases, ease- ments, 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 be- come 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 con- structing, 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 Rail- road. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work of construction or reconstruction. 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, including, but not limited to, the in- stallation and removal of such falsework and other protection be- neath or along Railroad's tracks, and the furnishing of such watch- men, 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. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said 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, recon- structing, maintaining and making necessary repairs to said structure. Grantee agrees to keep said property and said structures in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, (A free from waste, then Railroad may perform the necessary work at the -2- •2/3169 'Forfn C PK 04568 PC 123 expense of Grantee, which expense Grantee agrees to pay to Railroad 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 property, satisfactory to said company and indemni- fying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. Such contractor shall furnish, at the option of and without ex- pense to Railroad, a reliable surety bond, in an amount and in a form satisfactory to said company, guaranteeing the faithful perfor- mance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of Public Liability and Property Damage insurance, within limits specified by, and in a form satisfactory to, said company, covering the contractual liability assumed by contractor in said agreement to be entered into with said company by such contractor. 9. Grantee shall assume all risk of damage to said structure and appurtenances, and to any other property of Grantee, or any property under the control or custody of Grantee, while upon or near the property of Railroad, caused by or contributed to in any way by the construction, operation, maintenance or presence of Railroad's line of railroad at the above - mentioned location. Insofar as it lawfully may, Grantee agrees to indemnify and save harmless Railroad, its officers, employees, agents, successors and assigns from all claims, liability, cost and expense, howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or deaths of persons arising out of the construction, reconstruction, maintenance, presence, use or removal of said structure, regardless of any negligence or alleged negligence on the part of Railroad employees. The word "Railroad ", as used in this Section 9, shall be con- strued to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing said structure and the officers and employees thereof. 10. Should Grantee, its successors or assigns, at any time aban- don the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the ex- tent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove 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, agrees to remove said structure from said property and restore said property as nearly as practicable 2J to the same state and condition in which it existed prior to the con- ui struction of said structure. Should Grantee in such event fail,, neglect or refuse to remove said structure and restore said property, -3- 'Form C 9 K D4568 P G 124 such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. This indenture shall inure to the benefit of and be bind- ing upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. SOUTHERN Attest: L�LriC� Assistant' Secretary CITY OF EL EGUNDO Mayor By i Clerk- (SEA-L) -4- Aa ro�u ,, C- �TttJRNty .ems ,Pw!0•� - - �eSCrrptipn ,IRev. F;egorrt lent Req. 2 Rearrong'mient of form M 1 c+ a w H� N P. H P. O 7 O N 0'J N O CD H to N H O N O O' 0 O rh <4 U Y• ¢ CL Y• a 3 ro 5 A Y• R N CD b• P. N O P. 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