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+ - RECORDING REQUESTED BY AND �MAII, TO y 83-' 825458
350 MAIN STREE r 7RECORDER'S FICIAL RECORDS
EE N1)(?, CALIF. �G245 OFFICE
ES COUNTY
ORNIA
A.M. JUL 201983
_
FiaEE j
THIS AGREEMENT, dated the 31st day of March, 1983, by and between
CHEVRON U.S.A. INC., a corporation, hereinafter termed Grantor, and THE CITY OF EL
SEGUNDO, a municipal corporation of the State of California, also a corporation,
hereinafter termed Grantee,
WITNESSETH:
1. Grantor, for and in consideration of the full and prompt performance of the
things to be performed, hereby grants to Grantee, subject to termination as hereinafter
provided and under the terms, conditions and provisions hereinafter contained, a right of
way and easement to use, maintain, operate, repair, renew, from time to time change the
size of, and remove a pipeline or a concrete inlet headwall for the transportation of storm
water, as presently constructed in, under, along and across that certain real property
(hereinafter called "said premises ") situate in the County of Los Angeles, State of
California, and described as follows:
That portion of the west half of Section 18, Township 3 South,
Range 14 West in the Rancho Sausal Redondo, in the City of El
Segundo, County of Los Angeles, State of California, as shown on
the map filed in Case No. 11629, Superior Court of said County on
June 21, 1890, in the Office of the County Clerk of said County, a
copy of said map appearing in the files of the County Surveyor of
said County as Clerk's Filed Map No. 218, being a strip of land
20.00 feet wide, the centerline of which is described as follows:
BEGINNING at the intersection of the northerly line of the 80.00
foot strip of land described in a deed to Pacific Electric Railway
Company, recorded May 27, 1913 in Book 5750, Page 43 of Deeds,
Records of said County and the northeasterly prolongation of the
northwesterly line of the land described in a deed to Pacific
Electric Land Company, recorded July 7, 1914 in Book 5839, Page
185 of Deeds, Records of said County; thence along said
northeasterly prolongation South 490 50' 35" West, 609.00 feet;
thence leaving said prolongation North 460 58' OT West, 392.00
feet to the TRUE POINT OF BEGINNING of said strip of land;
thence South 590 08' 00" West, 75.00 feet.
The sidelines of said strip of land shall be lengthened or shortened
`northeasterly so as to terminate in said line having a bearing of
North 460 58' 07" West.
2. Grantor reserves the right to use and enjoy said premises. Grantee shall not
interfere with or obstruct the use of said premises by Grantor or injure or interfere with
any person or property on or about said premises. Grantor shall not construct or maintain
the whole or any part of any building or other permanent structure on said premises.
Grantor shall have the right from time to time to pave all or any part of said premises
with asphalt paving and add to or modify the ground cover over said premises.
3. Grantee, in the exercise of the rights granted to it hereunder, shall not do or
permit to be done any welding or operations involving sparks or flame within a distance of
three hundred (300) feet from any oil or gas well, or oil, gas or gasoline container, or
place of discharge to atmosphere of oil, gas or gasoline, whether located on said premises
or on adjacent lands, without prior consent of Grantor, and then only subject to and in
accordance with the provisions hereof and such other conditions as may be expressed in
said consent.
4. Grantee shall promptly and properly back -fill all excavations made by or for
Grantee on said premises and shall restore said premises as nearly as possible to the same
state and condition they were in prior to such excavations. Grantee shall ascertain and
plainly mark before any excavations are made and during all times that work is being
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ANAL
performed on said pipeline the exact location of all pipe lines or other facilities which
may be below the surface of the ground or otherwise not plainly visible. Grantee hereby
accepts sole responsibility for so doing and shall be solely liable for all loss, damage,
injury or death caused or contributed to by any lack of or improper marking.
5. Grantee at its sole risk and expense shall do all things necessary to assure that
the said pipeline will not be damaged by, and hereby waives all claims for damage to said
facility resulting from, electrolysis or similar action resulting from or connected with
Grantor's operation of any existing or future cathodic protection system on or in the
vicinity of said premises.
6. Whenever, in the opinion of Grantor, said pipeline, or any portion thereof,
interferes with Grantor's use or operations upon said premises, Grantor may, at its own
expense, relocate and reconstruct said pipeline, or any portion thereof, and Grantor shall
grant to Grantee, and Grantee shall accept, an easement containing all of the terms and
conditions of this grant, in, along and across a strip of land within which said pipeline shall
have been relocated.
7. Grantee and its employees and agents shall have free access to the said pipe
line over such reasonable route as Grantor may designate or approve for the purpose of
exercising the rights herein given.
8. This grant of right of way is personal to Grantee and shall not be assigned or
transferred by Grantee voluntarily, by operation of law, by merger or other corporate
proceedings, or otherwise, in whole or in part, without the prior written consent of
Grantor. No written consent by Grantor hereunder shall be deemed a waiver by Grantor
of any of the provisions hereof, except to the extent of such consent.
9. Upon the violation by Grantee of any of the terms and conditions set forth
herein and the failure to remedy the same within thirty (30) days after written notice
from Grantor so to do, then at the option of Grantor this agreement and the rights herein
given Grantee shall forthwith terminate.
10. This agreement and the rights herein given Grantee shall terminate in the
event that Grantee shall fail fora continuous period of one year to maintain and operate
said pipe line.
11. Upon the termination of the rights herein given, Grantee shall at its own risk
and expense remove all pipe and any other property placed by or for Grantee upon said
premises hereunder and restore said premises as nearly as possible to the same state and
condition they were in immediately prior to any such removal, but if it should fail so to do
within sixty (60) days after such termination, Grantor may so do at the risk of Grantee,
and all cost and expense of such removal and the restoration of said premises as aforesaid,
together with interest thereon at the rate of ten per cent per annum, shall be paid by
Grantee upon demand; and-in case of a suit to enforce or collect the same, Grantee agrees
to pay Grantor in addition a reasonable attorney's fee to be fixed and allowed by the
court.
12. Upon the termination of the rights herein given, Grantee shall execute and
deliver to Grantor within thirty (30) days after service of a written demand therefor a
good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or
refuse to deliver to Grantor a quitclaim deed as aforesaid, a written notice by Grantor
reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as
herein provided and terminating this agreement shall, after ten (10) days from the date of
recordation of said notice, be conclusive evidence against Grantee and all persons
claiming under Grantee of the termination of the rights herein given.
13. Grantee agrees to indemnify and hold Grantor and its affiliates (as used in this
paragraph, "affiliates" means Standard Oil Company of California and any company in
which Standard Oil Company of California now or hereafter owns, directly or indirectly,
at least fifty per cent of the shares of stock entitled to vote at a general election for
directors) and their respective officers, directors, employees, successors and assigns, and
each of them, harmless from and against all liability or claims thereof for loss of or
damage to property (to whomever belonging) or injury to or death of any person
proximately caused in whole or in part by any negligence of Grantee or its contractors, or
by any acts for which Grantee or its contractors are liable without fault, in the exercise
of the rights herein granted; save and except in those instances where such loss or damage
or injury or death is proximately caused by the sole active negligence of Grantor or its
contractors or affiliates or by any acts for which Grantor or its contractors or affiliates
are liable without fault. 00'
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. 'RNAL
3
14. Any notice provided herein to be given by either party hereto to the other may
be served by depositing in the United States Post Office, postage prepaid, a sealed
envelope containing a copy of such notice and addressed to said other party at its address
set out below, and the same shall be sufficient service of such notice.
Grantor: P. O. Box 8000, Concord, CA 94524
Attention: Land Department
Grantee: City of E1 Segundo
350 Main Street
E1 Segundo, CA 90245
Either party may change its address where notices are to be sent pursuant to this
paragraph by giving notice thereof to the other party in the manner set forth in this
paragraph.
18. Grantee hereby recognizes Grantor's title and interest in and to said premises
and agrees never to assail or resist Grantor's title or interest therein.
19. Except as otherwise provided herein, the terms and conditions of this
agreement shall inure to the benefit of and be binding upon the successors and assigns of
the parties hereto.
20. This grant is subject to all valid and existing licenses, leases, grants,
exceptions, reservations and conditions affecting said premises.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
duplicate.
CHEVRON U.S.A. INC.
&S W WA
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By. / Assist cre ari
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A YED As 111" 83- 9�$
CITY ORN EY
By:
M or of the City of El Segundo,
,State of California
ATTESTED T0: X
By: ��e c cam• /� Laze
City Clerk
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