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W0360009.13101 PAGE296 GRANT OF EASEMENT AGREEMENT TBIS AGREEMENT made and entered into at E1 Segundo, Cali- fornia, as of the 21st day of April, 1950, by and between the HARSHAW CHEMICAL COMPANY, an Ohio corporation, having its prin- cipal place of business in the city of Cleveland, in the state of Ohio, at 1945 East Ninety- seventh Street, as party of the first part, hereinafter called the Grantor, and the CITY OF EL SEGUNDO, a Municipal Corporation of the sixth class, located in the County of Los Angeles, State of California, as party of the second part, hereinafter called the Grantee, W I T N E S S E T H• THAT, WHEREAS, said Grantee is, at the time of the mak- ing of this agreement, engaged in a large program of development, betterment and expansion of the Municipal Water Works System of said Grantee in order to better and more adequately serve the in- habitants and properties within said City with water from said Municipal System; and WHEREAS, said Grantor has large holdings of real property within said City of E1 Segundo which will be benefitted in common with other properties within said City by such development, better- ment and expansion of said Municipal Water Works System; and WHEREAS, as a part of its said program, said Grantee re- quires the easement and right -of -way for water pipe line purposes hereinafter described; and WHEREAS, said Grantor desires to cooperate in the said program by granting to said Grantee the easement and right -of -way for water pipe line purposes hereinafter more particularly des- cribed; - 1 - 8033101 Fmk297 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING PREMISES, THE AGREEMENTS ON THE PART OF THE RESPECTIVE PARTIES HERETO HEREIN- AFTER COITTAINED, AND OF THE MUTUAL BENEFITS ACCRUING AND TO ACCRUE TO SAID RESPECTIVE PARTIES IN THE DEVELOPMIINT, BETTERMENT AND EX- PANSION OF SAID MUNICIPAL WATER WORKS SYSTEM, SAID GRANTOR AND SAID GRANTEE DO HEREBY AGREE AS FOLLOWS: FIRST: Said Grantor does hereby grant to said Grantee, CITY OF EL SEGUNDO, -�L perpetual easement and right -of -way for the location, installation, construction, reconstruction, repair, main- tenance and use by said Grantee of a pipe line, together with its necessary or convenient appurtenances and facilities, for the trans- portation of water in, upon, across, under and along the following described parcel of real property situated in the City of E1 Segundo, County of Los Angeles, State of California, to -wit: That part of Section 18, Township 3 South, Range 14 West, S.B.B.M., Rancho Sausal Redondo, described as follows: Beginning at a point on the center line of the Pacific Electric Railway right -of -way, and 30.10 feet, measured at right angles, westerly from the center line of Aviation Boule- vard, as shown on map recorded in Book 63, Page 37, of Record of Surveys, records of Los Angeles County, California, and on file in the office of the County Recorder of said County; thence southwesterly along the center line of said Pacific Electric Railway right -of -wag and its southwesterly pro- w locaation a distance of 2067.535 feet to a point; thence South 400 06' 50" East to the intersection of the southeasterly property line of the said Pacific Electric Railway, said point being the northeasterly corner and the point of be- ginning of the boundary line of said parcel, described as follows: - 2 - duu4:33101 fAGE298 Beginning at the said point in the southeasterly pro- perty line of the Pacific Electric Railway; thence South 400 06' 50" East a distance of 153.38 feet to the inter- section of the northwesterly property line of The Atchison, Topeka, and Santa Fe Railway right -of -way, as shown on map recorded and on file as aforesaid; thence southwesterly along said northwesterly property line a distance of 20.12 feet to a point; thence North 400 06' 50" West a distance of 160.10 feet to the intersection of the southeasterly property line of the Pacific Electric Railway right -of- way, as shown on map recorded and on file as aforesaid; thence northeasterly along said northwesterly property line to the point of beginning; said parcel being also designa- ted Parcel No. 2 as shown on map recorded in Book 63, Page 37, of Record of Surveys, and on file as aforesaid. SECOND: The grant of easement and right -of -way hereinabove made in the portion of this agreement designated as "FIRST ", is made subject to conditions, reservations, restrictions and rights -of -way now of record against the said parcel of real property hereinabove described, and subject to the following additional reservations which are hereby made by said Grantor, to -wit: 4A. The reservation by the Grantor, its successors and assigns, of all oil, minerals, and natural gas lying in, under or flowing through said above described parcel; A. The reservation by the Grantor, its successors and assigns, of the right of ingress and egress to and from other properties of the Grantor in, over and upon the easement and right -of -way hereinabove granted, including the right to con - struot roadways in, across and upon the same; - 3 - N M33101 P.4GE? -99 V10. The reservation by the Grantor, its successors and assigns, to construct, maintain, repair and use railroad track- age across the said easement and right -of -way; and D. The reservation by the Grantor, its successors and as- signs, of the right to install, repair and maintain pipe lines, utilities and sewers, and their necessary and convenient appur- tenanoes and facilities in, upon, across and along the said easement and right -of -way; provided, however, that all of the above reserved rights and uses are to be exercised in such manner as not to interfere with, or endanger such water pipe line or its appurtenances or facilities therein or the Grantees use of said easement and right -of -way for such water pipe line purposes, except to the minimum extent necessary and which may be lawful. J, /THIRD: Except as hereinabove otherwise reserved, said Grantor agrees that it will not construct or maintain or cause or permit to be constructed or maintained upon said water line ease- ment, or upon any land presently owned by it and which adjoins said hereinabove described water line easement parcel, any part of any permanent building or structure within 10 feet (measured at right angles) from the side lines of such water easement parcel. FOURTH: Said Grantee, in consideration of this agreement and of the water line easement hereinabove granted to it, does here- by agree on its part to construct and maintain in the hereinabove described water line easement parcel, a water pipe line or main, to- gether with its appurtenances and facilities, for the transportation of water as part of the Municipal Water Works System of said city; - 4 - a�uK3U01 PACE300 and to provide one (1) turn -out connection in such line at such loeation in said water line easement as may be indicated by good water engineering practice, and as recommended by the City Engi- neer and water consulting engineer of said city, after consulta- tions had with officers or representatives of the Grantor. Said Grantor agrees to pay to said City the reasonable costs of said turn -out connection promptly upon receipt of the itemized state- ment from said Grantee showing such costs. FIFTH: Said Grantee further agrees to cause such water pipe line, together with its necessary appurtenances and facili- ties, to be constructed and said turn -out connection to be so pro- vided within a period of 2 years from and after the date of this agreement; and to thereafter use the said line,appurtenanoes and facilities for such purposes. SIXTH: Said Grantee further agrees that in the event the City Council of said city determines at any future time, by resolution duly adopted and spread upon its records, that the easement hereinabove granted is no longer required by said city for the uses and purposes hereinabove stated, to immediately upon such determination make, execute and deliver to the Grantor here- in, or its successors or assigns, as owners of the adjoining prop- erties, a good and sufficient quit claim deed or deeds quitclaiming the easement hereinabove granted. SEVENTH: Said Grantee further agrees in the exercise of the rightsand easement hereinabove granted to it, to have due re- gard for any utilities or facilities which may exist upon or in the said water easement parcel, and to interfere as little as rea- sonably possible therewith; and to cause the surface of any land within said easement, excavated or disturbed by Grantee in the - 5 - exercise of any of its rights hereunder, to be restored as nearly as reasonably possible to the same condition as that in which it existed immediately prior to the making of such excavation or disturbances. EIGHTH: It is further understood and agreed that the rights herein granted to the Grantee include, as incidental thereto, the right of the said Grantee, its authorized officers, representatives and em- ployees, and persons under contract with it and their representatives and employees to enter upon, and pass and re -pass on, over and along the said water easement parcel, and deposit tools, implements, equip- ment and other materials therein and thereon, wherever and whenever necessary, and to do and perform any and all acts reasonably necessary or convenient in the construction, installation, maintenance, repair, replacement and removal of said water line or its appurtenances or fa- cilities. NINTH: That for the purpose of convenience in locating and referring to the water line easement hereinabove described, there is attached hereto a map or plat designated as WB -RW -4 (LS #2521, prepared ry THE STATE OF OHIO ) Cuyahoga County, s.s.) BEFORE ME, a Notary Public in and for said County and State personally appeared the above named, THE HARSHAW CHEMICAL COMPANY, by C. S. PARKE, its Executive Vice President, and A. D. PERRY, its Treasurer and Assistant Secretary, who acknowledged that they did sign the foregoing instrument, and that the same is the free act and deed of said Corpora- tion and the free aCrt'and deed of each of them personally and as such officers. .':IN TESTIMONY WBEREOF, I have hereunto set my hand and official sea! 'A Ohio this 21st day of April, 1950. Notary Public R. D. PEABODY, Notary Pn61ic My Commission Upirn Nov. 19, 19n And By Its reasure .a cs PARTY OF THE FIRST PAM, GRANTOR" CITY OF EL SPUNDO, a Municipal Corporati- on By is Mayor PARTY OF THE SECOND , "GRANTEE" uierx of `Gi>y�f Se- , Califo ia. 1 - 8 eLplGTRI 0 �,�. 3'le0ni PiP CEMENT F /LLE� AS RER .0 S. 63.37 / `OFD. PIPE i� Pr.e .E.S 63 -37 e IL�p� o �R P ZO��. .�q ��N QpBR P, q4 \ PR Rya PARCEL #2 aP Book shown in 63, Page 37 of Record of Surveys, Los Angeles County, x Calif.) t e7 -rAIA NSM /SS /ON L /NE SCALE I /11.60, A18_RW_4 PLAT SHOWING LOCA 7 /ON OF A PERMANENT 20FT EASEMENT ro THE C /Ty OP Ec SEGUNDO ACROSS THE PROPERTY OP IHARSF/Aw CHEM /CAL COMPANY /N SEC. /B, 735. R. 14 W S.B.B. M. M BE USED FOR THE CONSTRUCT /ON AND MAINTENANCE OFA PT'Sr -OR4 CYLINDER .PE /NFORCED CONCRETE PRESSURE,P /PEA °.r ;ti. r -;� ITy EN N EL SEGUNDO .4 1 ` HA CN2A#Ii'O. PREPARED BY.' BARCLAY SURVEY) vo CO. 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