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W0301 -55 Eammut OC -1812 SCOR48685 PAGE 69 Xht8 30pittarr made this 10th day of August , 1955, between PACIFIC ELECTRIC RAILWAY COMPANY, a California Corporation, party of the first part, and City of E1 Segundo party of the second part: tWPSfirt1: That said party of the first part hereby grants to said party of the second part,ease- ment for six inch water line purposes, hereinafter termed system, across that part of the right of way or property of said party of the first part in City of El Segundo County of Los Angeles State of California, described as follows: A parcel of land, being a portion of Lot 434, Block 123, El Segundo, Sheet 8, as per map recorded in Book 22, pages 106 and 107 of Maps, in the office of the Recorder of Los Angeles County, said. parcel described as follows: Commencing at the southwest corner of Lot 231 of said Block 123; thence southeasterly along the northerly boundary of said Lot 434, 8.65 feet, to the point of beginning; thence continuing southeasterly along; said northerly boundary, 2.47 feet; thence South 01' 061 31i -" East, 98.83 feet to the southerly boundary of said Lot 434; thence northwesterly along said southerly boundary, 2.47 feet; thence North 0° 06' 3411 !"lest, 98.83 feet to the point of beginning. Containing 197.6 square feet more or less. The parcel of land above described is shown colored yellow on plat CEK- 2797 -a hereto attached and made a part hereof. In consideration of this grant, second party further agrees to reimburse first party for any and all assessments which may be levied by order of any authorized lawful body against the pro- perty of first party (and which may have been paid by first party) to defray any part of the cost or expense incurred by second party in connection with the construction and reconstruction of the facilities within the area described herein. k I t N n 0 n z ° Do U) m 3Frn c� v, L�J co FA C) 0 '4CV N >v — O 3 wN 4 98.83 .9 m a N PTA N W N ' TIN (A 3 N CA N -O N O O `O y r N N CO tzD `Lt CruZ L— &20 Lrvl 2% �J �J -�� c) i-n .I N % 1 CID SOM48685 PAGE 73 CERTIFIED COPY OF RESOLUTION ADOPTED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDOs CALIFORNIA, AT ITS REGULAR MEETING HELD AUGUST 10s 1955 t) thv G:I'v vf Ll c�f 11:113'('!f'o I `w zlil � 4vf 3:1, UvrT «-,"y Z oe rip Cammlo-ing at the zswtheaot coallz-:o: o-F 7'0-",� �•1 of Mzzk 223; thence wvfthM9taz'3j along -,-,hv- Y-Q1zt,ii0V1Y 'DuM'dR�j Of vaid Lot 434,, 8.65 feSt,, ti) tb'a DZL4 t Of' thE)nce conua;daa -feet; thence soutil 0' 06' 3150 98 '-' fey to tha southerly boundar7 of said tno-cc, along said uoWtnharly balaadnz'ym �Zrj(!.� -%Once Hzrth' 00 06V 34" Wisto 98481 E�wt to of be and the wr4 13 h!,)rdby aoc'?y:'w,3-w, tw c city a a, and n 0 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES,) CITY OF EL SEGUNDO. I, Neva M. Elsey, City Clerk of the City of El Segundo, California, do hereby certify that the foregoing resolution is a full, true and correct copy of a resolution adopted by the City Council of said City at a regular meeting of said Body held on the 10th day of August, 1955, and that, as of this date, said resolution has not been repealed or in any way amended. In Witness Whereof, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California, this 15th day of August, 1955. � -X'q Neva M. Elsey, City Clerk t the (SEAL) City of El Segundo, Califqnia. le=NT No-,3.A2,2� AT OF ri EM AUG 17 95 5 19 5 5 52 M. 9 A.M. 80008685 PAGE 9 OFRCIAL(ftECORDS 0ounty Mtelees, Calidfomfs4 M EE� �ATTY' n V_ my Recorder B&48685 P,* 70 TOGETHER with the right to enter upon and to pass and repass over and along said strips of land and to deposit tools, implements and other material thereon by said party of the second part, its officers, agents and employees and by persons under contract with it and their employees, whenever and wherever necessary for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repairing said system. IT BEING expressly understood and made a condition of this grant that the right of the party of the first part, its successors or assigns to maintain its present and any future tracks or other facilities along these parcels shall be recognized as prior in time to this grant. IN CONSIDERATION of the foregoing grant the party of the second part hereby agrees to indemnify and save harmless the party of the first part, its successors and assigns from any and all damages, claims, demands and liabilities whatsoever growing directly or indirectly out of the construction, reconstruction, maintenance, operation, or removal of said system. 1. To reimburse railroad for all costs and expense incurred by railroad in connection with the construc- tion, reconstruction, maintenance and removal of the system; 2. To reconstruct, alter or make changes in the location of the system when railroad so requires; 3. To require its contractors to enter into an indemnification agreement with railroad covering the work to be performed by contractor upon and adjacent to railroad property and to furnish a bond or public liability and property damage liability insurance within limits specified by and in a form sat- isfactory to railroad in connection therewith; 4. To pay for all materials joined or affixed to and all labor performed on railroad property; and 5. To pay reasonable attorney fees in addition to the amount of judgment and costs in any suit brought by railroad to compel performance of any covenant or condition contained in the indenture. The party of the second part agrees to construct, reconstruct, maintain, operate, remove and alter said system in such manner that it will not interfere in any way whatsoever with the operations of said party of the first part, its successors or assigns, and that the location of said system and all work in connection with the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said system shall be done in a first class workmanlike manner. The party of the second part agrees that upon completion of any work in connection with said system, as much as possible of the earth excavated from the trenches thereof shall be thrown back into the trenches and the remainder shall be removed from the premises or spread out evenly and smoothly over the surface of the ground, and that all of said back- filling shall be thoroughly packed so that the ground will not sink or cave in after said back - filling is completed. The rights and privileges hereby granted shall lapse and become void if not exercised within one year from the date hereof. THE GRANT hereby made is upon the further condition subsequent that the premises aforedescribed shall at all times be used by the party of the second part for the purposes hereinbefore set forth, and none other, and if at any time such use shall be abandoned or discontinued, all rights and privileges hereby granted shall forthwith cease and determine, and the party of the second part shall thereupon remove said structure and restore said premises, as nearly as possible, to the same state and condition they were in prior to the construction thereof, failing in which the party of the first part may perform such work, and the said party of the second part agrees to reimburse the party of the first part for the cost and expense thereof upon demand. THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may affect the property and the word "grant" as used herein, shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF thr nnrtiae o. =« __- ------ . to STATE OF CALIFORNIA, SS. 80008685 PAGE County of Los Angeles known to me t'o je the ....................Vice President and General Manager, and �zo . isnowtt to me to be the .. ......................Secretary of the PACIFIC ELECTRIC RAILWAY COMPANY, the Corporation 'that executed the within and foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such Corporation executed the same. iintsg my hand` and official seal the day and year in this certificate first above written. `�. -° :VOTARY UBLfor the CovniY of Los AnSeles. State of California MY COMMISSION EX?ICES NOVEMRtR 13, 1539 evoK48685 e4cE 70 TOGETHER with the right to enter upon and to pass and repass over and along said strips of land and to deposit tools, implements and other material thereon by said party of the second part, its officers, agents and employees and by persons under contract with it and their employees, whenever and wherever necessary for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repairing said system. IT BEING expressly understood and made a condition of this grant that the right of the party of the first part, its successors or assigns to maintain its present and any future tracks or other facilities along these parcels shall be recognized as prior in time to this grant. IN CONSIDERATION of the foregoing grant the party of the second part hereby agrees to indemnify and save harmless the party of the first part, its successors and assigns from any and all damages, claims, demands and liabilities whatsoever growing directly or indirectly out of the construction, reconstruction, maintenance, operation, or removal of said system. 1. To reimburse railroad for all costs and expense incurred by railroad in connection with the construc- tion, reconstruction, maintenance and removal of the system; 2. To reconstruct, alter or make changes in the location of the system when railroad so requires; 1 To require its contractors to enter into an indemnification agreement with railroad covering the work to be performed by contractor upon and adjacent to railroad property and to furnish a bond or public liability and property damage liability insurance within limits specified by and in a form sat- isfactory to railroad in connection therewith; 4. To pay for all materials joined or affixed to and all labor performed on railroad property; and 5. To pay reasonable attorney fees in addition to the amount of judgment and costs in any suit brought by railroad to compel performance of any covenant or condition contained in the indenture. The party of the second part agrees to construct, reconstruct, maintain, operate, remove and alter said system m such manner that it will not interfere in any way whatsoever with the operations of said party of the first part, its successors or assigns, and that the location of said system and all work in connection with the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said system shall be done in a first class workmanlike manner. The party of the second part agrees that upon completion of any work in connection with said system, as much as possible of the earth excavated from the trenches thereof shall be thrown back into the trenches and the remainder shall be removed from the premises or spread out evenly and smoothly over the surface of the ground, and that all of said back - filling shall be thoroughly packed so that the ground will not sink or cave in after said back - filling is completed. The rights and privileges hereby granted shall lapse and become void if not exercised within one year from the date hereof. THE GRANT hereby made is upon the further condition subsequent that the premises aforedescribed shall at all times be used by the party of the second part for the purposes hereinbefore set forth, and none other, and if at any time such use shall be abandoned or discontinued, all rights and privileges hereby granted shall forthwith cease and determine, and the party of the second part shall thereupon remove said structure and restore said premises, as nearly as possible, to the same state and condition they were in prior to the construction thereof, failing in which the party of the first part may perform such work, and the said party of the second part agrees to reimburse the party of the first part for the cost and expense thereof upon demand. THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may affect the property and the word "grant" as used herein, shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF the parties hereto have caused respective corporate names.and,seals to be affixed hereunto and these presents executed by their respective officers thereunto duly authorized the.day s and year first above written. ; PACIFIC ECTRIC RAILWAY Gii1kPANY, CITY OF L EGUP1'DO C2 f n �r.. ,ent' ice P res" t and Getrera Manager. ,., By apu r 1' i ty Clerk .. ..................... . . . ..- - - - -- '_ ..... Z Secretary. ftte of f¢alifurnts as drnnnty of $na Angrire } On this.....- --- ._.-._day of ............. - _._.........--. ---- -._ - -- 19...�_5 before me l _I •-- -------- �- .._......_.... -....a Notary Public in and for - -- -------------- - said County, personally appeared.- _..._- known to me to he the ............ ... ......Vice President and Generar, and.__ �O° known to me to be the .. ......................Secretary of the PACIFIC ELECTRIC RAILWAY COMPANY, the Corporation that executed the within. and foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such :Corporation executed the same. lsltttrso ray 8an41 and official seal the day and year in this certificate first above written. _.. �� ..... ........ vnTenv *tn t��r....>,e n......... " r,,,. e..,.e -� m..._ ,.r r.r. a.....:..