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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
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11/25/57 - Form C
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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.
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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
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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
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