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CONTRACT 4892 Easement AgreementAgreement No. 4892 Recording requested by: City of El Segundo 350 Main Street El Segundo, CA 90245 LORMOMMUMMI City Clerk City of El Segundo 350 Main Street El Seaundo. CA. 90245 § X10110 MM-NaMAN a 01 Grant of Easement. Chevron U.S.A, Inc., a Pennsylvania corporation, (Chevron) grants to the City of El Segundo (the City) a nonexclusive surface easement (Easement) over the property (the Easement Area) that is described on Exhibit A "Legal Description for Public Access Easement" and is also shown as the area labeled "Construct 6' Wide PCC Class I Bike Path" on Exhibit B "Rosecrans Avenue West of Sepulveda Boulevard Bike Lane Concept Sketch — Alternative Both exhibits are attached hereto and made a part hereof. if r i 1, 1 1 1111111 No I I I I I IN, Qlass QVIUM-1 Livi or Q;r r. • a if111U -*I&C r P.M LRUL 111dJ rO We UNCV 1191E PPIUVILL; pedestrian purposes, all at the sole expense of the City. Chevron will cut down, trim or remove any trees, shrubs, bushes, roots or other plantings in the Easement that interfere with the installation, use and maintenance of the Bike Path. No other uses of the Easement Area are permitted. This Easement Agreement is not assignable by the City. If the Bike Path is ever permanently removed, then the City must, at its sole expense, (a) promptly restore the Easement Area to a condition compatible with Chevron's adjoining property, in substantially the same condition as before the construction of the Bike Path, and (b) record a Quitclaim Deed for the Elasement Area in favor of Chevron and in form reasonably acceptable to Chevron. The removal *f vegetation and the fence relocation needed for the Bike Path will be performed by a third party contractor chosen and engaged directly by Chevron. City must reimburse Chevron for all costs *f such work within thirty (30) days after receipt of invoices from Chevron. The relocated fence will remain the sole property of Chevron. M'I Ilk" 16^64 In M", NINE I I I I Agreement No. 4892 makes no representation or warranty regarding condition or title to the Easement Area or surrounding areas. Stop Activitv Authoritv; Chevron Ston -Activity Rights. In the event that an unsafe condition arises with regard to any activity involving the Easement Area in the opinion of any Chevron employee or representative, then such person has the authority to order that activity to stop. In the event of such a stop -activity order, (c) all users and others must comply with that stop order and must immediately stop the activity in question, and (d) representatives of the City and Chevron must meet and confer on how to proceed before the activity can resume. Responsibilities. The City agrees at its sole expense to (e) indemnify, defend, assume all liability for and hold harmless Chevron and its officers, employees, contractors, affiliates, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damage to property, injuries to persons, and any other claims anywhere, including costs of defense and attorneys' fees for counsel reasonably acceptable to Chevron (altogether, Claims) that arise out of any activity related to the Easement Area, except for loss or damage arising from Chevron's sole negligence or willful misconduct; and (f) be responsible for all maintenance, damage, and repair related to the Easement Area or its use. All rights given to Chevron by this section survive the revocation or termination of this agreement. CHEVRON U.S.A. INC., a 1'"etin'sylvaida corporation By!Frank G. Soler Assistant Secretary CITY OF EL SEGUNDO, ....... c a general � 1�c a �� . anmunicipal . ................ corpor, By; Its: Cil t'IZt ATTEST: r APP10A'H),,\STO FORM: .. ,., City Agreement No. 4892 EXHIBIT "A" Legal Description for Public Access Easement Portion of APN 4138.016-016 That portion of Lot 3 of Tract No. 1314. In the City of El Segundo, County of Los Angeles, State of California, as per map recorded in Book 20, Page 161 of Maps, records of said county, described as follows: Commencing at the intersection of the centerline of Rosecrans Avenue and the westerly line of Section 24, Township 3 South, Range 15 West, S. B. M., as shown on a Record of Survey filed in Book 189, pages 1 through 8, inclusive, of Records of Survey, in the Office of the County Surveyor of said county; Thence along said centerline of Rosecrans Avenue, South 89*43'29* West, 118.73 feet; thence at a right angle to said centerline, North 00*16'31' West, 50.00 to the existing northerly line of said Rosecrans Avenue and the True Point of Beoinninq: thence along said northerly line, South 89'43'29" West, 130.40 feet, thence at a right angle to said northerly line, North 00'16'31" West, 8 00 feet; thence parallel with said northerly line, North 89'43'29" East, 150.00 feet to a point on the westerly line of Sepulveda Avenue, as shown on said Record of Survey; said point being the beginning of a non -tangent curve concave northwesterly and having a radius of 28,00 feet, a radial line to said point bears South 44'41'26" East; thence southwesterly along said westerly line of Sepulveda Boulevard an are length of 21.71 feet through a central angle of 44'24*55" to a point of tangency with said northerly line of Rosecrans Avenue, being the True Point of Beginning. 0. Date LS S301 David 0, Knoll PLS 5301 Exp. 12-3 1 -15 doex Easement for Bike Path — El Segundo v3 KF rev 7-14-2015 Agreement No. 4892 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. . . ................. ........................ - ..... . ............. ...... State of California County of Contra Costa On September ;�- -I- , 2015 before me K. Henry, Notary Public, personally appeared Frank G. Soler, who proved to me on the basis of satisfactory evidence to be the me that hc/she/lhey executed the same in hisAwfAhek authorized capacity(ies), and that by his/hekhei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i' ''^ Comm"s K. HE�R*Y 196 960461 Commission # Z liq Notary Public - California z Signature 14' 'A �hr�"' I Contra Costa county My Comm 1: (P�Ie!� Dec 13, 2015 EXHIBIT B Agreement No. 4892 Ip II ulp1,� 11 v � Il r p R cr I i Yi !I Ipl, hl7 � I ur.' lMN INIIS I VIII II11 I,pl II` o V•r 1. N IP ��', % P dl6 m NN.�uu M,, IMI ',4. iir� !I�N �" Vu II I�II� 'NIB V�luti� nh II", ,, I III tY!ul I it ddlh !i`vw„ I I Vi Y I rlllVllll Ili I ! d!; I III „uo d.l. ISN III (i�,rlllihlllllllli^ o :, w; w , ux,tl'u ...xu m v B111l:11d!,,, Rosecrans Avenue m l W r :In m .a West. of eput ve a Boulevard tl'r' rue Concept Sketch - Altertaative 2 Easement for Bike Path — El Segundo v3 KF rev 7-14-2015 2 Agreement No. 4892