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SD030_ 2356) sm D 64 fAGE867 i FWFW ^—j EASEMENT THiS INDENTURE, made this 24th day of March , 1958, between Pacific Electric Railway Company, a California corporation, herein termed "Railroad" and the City of E1 Segundo, a municipal corporation, herein termed "Grantee"; WITNESSETH: 1. Railroad, for and in consideration of the sum of Twenty -five Dollars 025.00) to be paid to Railroad by Grantee, and in further consideration of the faithful performance by Grantee of all of the terms, covenants and conditions herein contained, hereby grants to Grantee the right to construct, reconstruct, maintain and operate a 16 -inch storm drain, hereinafter termed "structure ", beneath the tracks and property of Railroad in the City of El Segundo, County of Los Angeles, State of California, described as follows: A strip of land, 5 feet in width, situate in the City of E1 Segundo, County of Los Angeles, State of California, being all that portion of Lot 434, Block 123 of El Segundo, Sheet 8, as per map recorded in Book 22, Pages 106 and 107 of Maps, in the office of the Recorder of said County, lying 2.5 feet on each side of the easterly prolongation of a line parallel with and 5 feet northerly, measured at right angles, from the south line of Lot 107 of said Block 123. The side lines of said 5 foot strip are to be pro- longed or shortened so as to terminate westerly in the southwesterly line of said Lot 434, and easterly in the RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CAUF. 32MIn, 10 A.M. APR 7 1958 past 1 - RAY I- LEE, C"NTY. RWO�= BOON D 64 PAGE868 northeasterly line of said Lot 434. The above described 5 foot strip of land is shown colored yellow on plat C.E.K. 2943, hereto attached and made a part hereof. It is understood that said storm drain is to be constructed by jacking methods in accordance with plans showing on drawing "E1 Segundo Sheet No. 8" previously submitted and approved by this Company's engineers and shall conform to common standard specifica- tions CS- 1741. -lA - 11/25/57 - Form C son D 64 RAG €869 2. This grant is made subject and subordinate to the prior and con- tinuing 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 Railroad, its successors and assigns, the right (consistent with the rights herein grant- ed) to construct, reconstruct, maintain and use existing and future rail- road tracks, facilities and appurtenances and existing and future trans- portation, 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, re- strictions, 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, re- constructing 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 struc- ture, including, but not limited to, the installation 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 assessments which may be levied by order of any authorized, lawful body against the pro- perty 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 en- try on said property for the purpose of constructing, reconstructing, main- taining and making necessary repairs to said structure. Grantee agrees to keep said property in a 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 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 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 indemnifying 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 performance of - 2 - 5- 28 -57. Form C . C , . . . BOOK D 64 PAGE870 all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of Public Liability and Property Damage Insur- ance, within limits specified by, and in a form satisfactory to, said Com- pany, 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, opera- tion, maintenance or presence of Railroad's line of railroad at the above mentioned location. Grantee agrees to indemnify and save harmless Railroad, its officers, employees, agents, successo s nd ssi r�s fro all claims lia- bility, cost and expense, howsoever y r.° �{is @� �i ifi�i4,� Ptljjt ;Lse able attorney's fees, for loss of or damage to property and for injuries to or deaths of persons arising out of the construction, reconstruction, maintenance, presence or use of said structure. 10. Should Grantee, its successors or assigns, at any time abandon 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 extent 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 to the same state and condition in which it existed prior to the construc- tion of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. BOOK D 64 PAGE871 STATE OF CALIFORNIA, 88. County of Los Angeles -3- h D m m 0 �7 r m r CD 60 U-� V U C m n tri IN N W BOOK D 64 PAGE8.72 s T 0 IV I i i •! a f�i:iei:?�I:s �k �' 3 � w 1 ^. ------- - - - - -I { • N �A MI � � tD R N V• P Q I ' I 60 U-� V U C m n tri IN N W This is to certify that the int property conveyed by the within City of E1 Segundoo California, corporation, is hereby accepted City Council on March 24, 1958, consents to recordation thereof authorized officer. ;bated April 1. 1958 BOOK D 64 PAGE873 Brest in real easement to the a municipal by order of the and the grantee by its duly By 2'_ _p 77. &. -,, , City Clerk of the City of E1 Segundo, California