SD030_ 2356) sm D 64 fAGE867
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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.
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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
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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