W041from
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
to RECORDED IN CFT:1C1/1? RECORDS
OF LOS ANGELES COUNTY, CALIF.
44 Min.10 A.M. MAR 'z 1962
Post
CITY OF EL SEGUNDO BAY E. LEE, County Recorder
Covering certain real property
situate in the City of El Segundo,
County of Los Angeles, State of F�
California,
DATED October 16 , 19 61
BKQ1535Pc584
EASY1MT, Made this 16th day of October , 1961 ,
from THE ATCHISON, TOPEKA AND SANTA FE RAILtivAY COMPANY, a
Kansas corporation, hereinafter called "Santa Fe," first
part , to CITY OF EL SEGUNDO, a California municipal
corporation, hereinafter called "City," second party.
IN CONSIDERATION of the sum of Twenty -Five Dollars ($25), lawful money
of the United States of America, and of other good and valuable consideration, the
receipt whereof is hereby acknowledged, Santa Fe hereby grants to City an easement
for the construction, maintenance, operation, inspection, repair and reconstruction
of an asbestos and concrete water line across the hereinafter described Parcel No.
1 and a vitrified clay sewer line across the hereinafter described Parcel No. 2
(said lines hereinafter called "utility lines "), through, under and across those
certain two parcels of land in the City of E1 Segundo, County of Los Angeles,
State of California, being portions of The Atchison, Topeka and Santa Fe Railway
Company's 60 -foot vide right of way in the Northeast Quarter of Section 18, Town-
ship 3 South, Range 14 Truest, in the Rancho Sausal Redondo, as shown on map recorded
in Book 2, pages 507 and 508, of Patents, in the office of the Recorder of Los
Angeles County and described in deed to The Redondo Beach Railway Company (pre-
decessor in interest to first said Railway Company), recorded in Book 581, page
199, of Deeds, in the office of said Recorder, said parcels being more particularly
described as follows:
PARCEL NO. 1:
A strip of land 5 feet in width by approximately 87 feet in
average length lying between lines that are parallel with and
distant 2.50 feet, measured at right angles, from and on each side N
of the following described center line: Beginning at a point in
the southeasterly line of said 60 -foot wide right of way distant
South 43 °25'53" West (bearing assumed for purpose of this
description) 181.86 feet along said southeasterly line from an
BKDl535<85
intersection with the southeasterly line of that certain 80 -foot
wide strip of land described in deed to Pacific Electric Railway
Company, recorded in Book 5750, page 43, of Deeds, in the office
of said Recorder; thence North 0 °0315211 East 87.38 feet to point
of ending in the northwesterly line of said 60 -foot wide right of
way.
The side lines of said strip to be lengthened or shortened
to originate and terminate in the southeasterly and northwesterly
lines respectively of said 60 -foot wide right of way.
Containing an area of 0.010 of an acre, more or less.
PARCEL N0. 2:
A strip of land 6 feet in width by approximately 87 feet in
average length lying between lines that are parallel with and
distant 3.00 feet, measured at right angles, from and on each side
of the following described center line: Beginning at a point in
the southeasterly line of said 60 -foot wide right of way distant
South 43 °25153" West along said southeasterly line 72.82 feet
from the point of beginning for the hereinabove described Parcel
No. 1; thence North 0 °03,5211 East 87.38 feet to point of ending
in the northwesterly line of said 60 -foot wide right of way.
The side lines of said strip to be lengthened or shortened
to originate and terminate in the southeasterly and northwesterly
lines respectively of said 60 -foot wide right of way.
Containing an area of 0.012 of an acre, more or less.
EXCEPTING AND RESERVING the right, to be exercised by Santa Fe and by
any others who have obtained or may obtain permission or authority from Santa Fe
so to do, (a) to operate, maintain, renew and /or relocate any and all existing
railroad track or tracks, wires, bridges, pipes and other facilities of like
character upon, over or under the surface of the premises hereinabove described;
and (b) from time to time to construct, operate, maintain, renew and /or relocate
upon, over or under the surface of said premises additional facilities of the
character described in Clause (a) of this paragraph, without in any instance
being required to obtain the consent of City, the same as if this easement had
not been executed.
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BKD1535Pc586
TO HAVE AND TO HOLD the above - described easement unto City solely
for the aforesaid purposes so long as said premises shall be so used, together
with the right to enter upon and to pass and repass over and along said premises
for the purpose of constructing, maintaining, operating, inspecting and repairing
said utility lines, subject, however, to all valid and existing contracts, leases,
licenses, easements and encumbrances which may in any wise affect the said
premises, and subject also to the express conditions subsequent following:
(a) That City will restore and replace the surface of, and improvements
on, the aforesaid premises and will repair any and all damages to the property
of Santa Fe, its lessees, licensees, successors and assigns, upon or adjoining
said premises which is injured or damaged in the construction, maintenance or
performance of other work on said utility lines or by reason of the presence
or use thereof.
(b) That said water line located on the hereinabove described Parcel
No. 1 shall be constructed of asbestos and concrete of a size not to exceed
twelve (12) inches in diameter, encased in a twenty -four (24) inch welded steel
pipe, at a depth of at least six (6) feet below the base of rail; that said
sewer line located on the hereinabove described Parcel No. 2 shall be constructed
of vitrified clay of a size not to exceed eighteen (18) inches, encased in a
forty -two (42) inch welded steel pipe, at a depth of at least ten and one -half
(102) feet below the base of rail; and, that said utility lines shall be
constructed and thereafter maintained in a manner which will not interfere with
the operation of Santa Fe's trains, locomotives, motors and cars. W
(c) That City will at all times keep said utility lines in good ,
condition and repair, and should it fail to do so, will permit Santa Fe to make N
such repairs under the direction of its Chief Engineer as he may deem necessary
- 3 -
BKDf_535Pa58T
for the preservation of Santa Fe's property, and in such event, City shall
refund to Santa Fe the amount expended therefor.
(d) That City will adequately protect said utility lines placed upon,
through and across the hereinabove described land, as and when needed, to permit
Santa Fe to lay, maintain, relocate and operate railroad tracks and facilities
upon, along and /or across said land.
(e) That at all times during the progress of the work of constructing
said utility lines, City will permit a representative of Santa Fe to inspect such
work, and that such work shall be done in a manner satisfactory to such represen-
tative, and so as not to cause any damage to Santa Fe's facilities, and that the
type of such construction shall be subject to the approval of the Chief Engineer
of Santa Fe.
(f) That City, insofar as it may legally do so, shall assume, indemnify
and save harmless Santa Fe against and pay in full all loss, damage, or expense
that Santa Fe may sustain, incur, or become liable for, resulting in any manner
from the construction, maintenance, use, state of repair, or presence of said
utility lines, including any such loss, damage, or expense arising out of
(a) loss of or damage to property, including without limitation property of
Santa Fe and City, (b) injury to or death of persons, or (c) mechanics, or
other liens of any character.
(g) That if the premises hereinabove described, or any portion thereof,
shall cease to be used for the purposes above stated, then and in that event, the
easement hereby given shall, as to such portion or portions, as the case may be, C:
thereupon cease and determine, and Santa Fe, its successors and assigns, may
re -enter thereon and resume possession thereof the same as though this easement
had not been executed.
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BKD1535PG588
Each of the foregoing conditions shall also be deemed to be covenants
which City by its acceptance hereof agrees to perform, and shall be binding
upon and shall inure to the benefit of the parties hereto, their successors and assigns.
Upon the breach of any of the conditions herein set forth, then and in
that event, the easement hereby given shall thereupon cease and determine and
Santa Fe, its successors and assigns, shall resume possession thereof the same
as though this easement had not been executed.
In case of the eviction of City by anyone owning or claiming title
to or any interest in the premiseslL-reinabove described, Santa Fe shall not be
liable to City for any damage whatsoever.
This instrument is given without warranty of title of any kind, express
or implied, and no covenant of warranty of title shall be implied from the use of
any word or words herein contained,
IN ZNITNESS WHEREOF, Santa Fe has duly executed this Easement the day
and year first above written.
By,�t
Tts Assistant Secretary
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By
Its Vice -Pres ennt '-
-5 -
C11
STATE OF I=NOIS )
ss,
COUNTY OF COOK )
BKD1535<89
On this ^' day of , in the year one thousand
nine hundred and sixty, before me, T. J. FEENEY ,
a Notary Public in and for said County of Cook, State of Illinois, personally
appeared R. G.RYDIN , known to me to be the Vice - President
of the corporation that executed the within and foregoing instrument, and
known to me to be one of the persons who executed the within instrument on
behalf of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by -laws or a
resolution of its Board of Directors.
IN VITNESS WEREOF, I have hereunto set my hand and affixed my
official seal in said County the day and year in this certificate first
above written.
Notar Public in an or said
County of Cook
State of Illinois
(SE%T
r
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F�
CJi
STATE OF CALIFORNIA ) BKD 1535PG590
: ss.
COUNTY OF LOS ANGELES )
is j
On this day of , in the year one thousand
nine hundred and sixty -'4tz'- , before me, G. W. SEBOLDT
a Notary Public in and for said County of Los Angeles, State of California,
personally appeared = ,' " "" , known to me to be the
Assistant Secretary of the corporation that executed the within and fore-
going instrument, and known to me to be one of the persons who executed said
instrument on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument pursuant to its
by -laws or a resolution of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in said County the day and year in this certificate first
above written.
AS TO
ESCRIPTIONS
c� .....................' ...........
........ A. .
JR.
G; n
APPR1 VEU AS W FORM
Ty ATTORNEY
Notary Public in and for said
County of Los Angeles
State of California
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Cat
•
BKD1535Pc59I
This is to certify that the interest in the real
property conveyed by the within deed to the City of El
Segundo, a municipal corporation is hereby accepted by order
of the City Council on February 26 i 19 62 D
and the grantee consents to recordation thereof by its duly
authorised officer.
Dated _ FebruaEy 27, 1962