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W040-y EASEMENT BKD 1425PG1 62 3262 7-Tj THIS INDENTURE, made this Z7 .h day of (}r� ,r , 1961s by and between PACIFIC EIZCTi'RIC RAILZIAY COMPANY, a California corporation, herein termed "Railroad'", and the CITY OF EL SEGUNDO, a municipal corporation, herein termed "Grantee", WITNESSETH: 1. Railroad, for and in consideration of the faithful performance by Grantee of all of the terms, covenants and con- ditions herein contained hereby grants to Grantee the right to construct, reconstruct, maintain and operate a 12 -inch water line, herein termed "structure ", upon and across that certain parcel of land situate in the City of E1 Segundo, County of Los Angeles, and described as follows: A strip of land, 5 feet in width, situate in the City of El Segundo, County of Los Angeles, State of California, in Section 183 Township 3 South, Range 14 West, S.B.M., being all that por- tion of that certain 80 -foot wide strip of land "FIRST" described in deed to Pacific Electric Railway Com any, recorded on May 27, 1913 in Book 5750, page 43 of Deeds, in the office of the Recorder of said county, lying 2.5 feet on each side of the southerly prolongation of a line paral- lel with anddistant easterly 25 feet, measured at right angles, from the center line of Douglas Street, 76 feet wide, as shown on map of Tract No. 26556, recorded in Book 675 , pages 93 and 94 , of Maps, in the office of said Recorder. Subject to easements, restrictions, reservations, condi ons, and covenants of recordo IRECORDED IN OFFICIAL RECORDS OS ANGELES COUNTY, CALIF. 10 A.M.NOV 20 1961 t, LCC, l.vu��ye rtea,Vrg91' - 1 - �i`i B 11/25/57 - Form C M 881425J63 2.,_ This grant is.made subjeet_and subordinate to the nrier and continuing 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 Rail- road, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, 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, restrictions, 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 "nstructipn 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, reconstructing 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 structure, incluti.ng, but not limited to, the installa- tion 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 se to do. 6. Grantee agrees to reimburse Railroad for any and all assess- ments which may be levied by girder of any authorized, lawful body against the property of Railroa* (and which may have been raid by Rail- road) to defray any part of the cost or expense incurred in connection with the construction of saii 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 entry en said property for the purpose of constructing, reconstructing. maintaining 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 tf 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 Rail- road 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 pro- perty, satisfactory to said Company and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the per- formance of the work to be done by such contractor. - 2 - 9/10/57 - Form .0 ZI425PG164 Such contractor shell furnish, rt the option of end'witkfout expense to Railroad, reliable surety bond, in an amount rnd in e. form satisfactory to said Company, guaranteeing the faithful perform- ance of rll the terms, covenants rnd conditions contained in said rgrccmont, and a certified copy of a. policy of Public Liability rnd Property Urmage Insurpnce, 1aithin limits specified by, and in a form satisfactory to, said Company, covering the contractual lirbility assumed by contractor in said agreement to be entered into with said Company by such contractors 9. Should Grantee, its successors or rssigns, at any time abandon the use of said property or any part therc-of, or fail at any :ime to use the same for tho purpose contcmpleted herein for r. con- tinuous period of one (1) yepr, the right hereby given shell cease 'o the extent of the use so abandoned or discontinued, rnd Reilrosd shall at once have the right, in addition to but not in qualification of the rights hercinabovc reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. P Upon termination of the rights and privileges hereby granted, vrantee, at its own cost and expense, agrees to remove said structure .rom said property and restore said property ns nearly as practicable to the snmc strte and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, ncglcct or refuse to remove said structure end restore said property, such removal and rostorrtiron may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. This indenture shell inure to the bonefit of and be binding upon the successors and assigns of the parties hereto. IN WITP?LSS W1 B' CF, the parties hereto have caused these Prescnts to be executed as of the dry-and year first herein written. CITY OF EL SEGUNDO By, Mayor ATTEST:: STATE OF CALWORNiA, S3. I_.-_... _r T __ A......7.,. PACIFIC ELECTRIC RAILWAY COMPANY By Vice Fr6tiTdent & enera, -"gel- ... ATTEST: N' 801425PC765 ACKNOW LEDGM ENT—CORP.. —PRES. a SEC., L. A. Co. —FORM 223 —REV. 7 -55 My Commission &pires February 27, 1967 69200 1 — M I r i OQG', Y ,V V iY vi T 2h'CT 9' 3E 7 (0' l v `+ ti 4 4�Q Iv f n�1 A� 2 va eKD 1425Pc766 2 t�' I 5 s' ''Ate AV.. � 6 This print is attechod for convenience only and is not a part or' the dned. P. C. i?y, Co makes no rep. resoniations as to its acccra.y I I It N O j o b No i-- Oli----- -'t)AiE - 11?4 "7 /cIA/ L /NG-' a Y E QUI NTON ENGINEERS, LTD. D11 AWN cN EC K f CO NSULTI NO E NOIN E ERS � �-�- A P ►ROY E D D A T E 911 M e,jilk SI i., R.E.Ir, C.l.)..... Fp�fJTT �o /ri'� /'