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1 THIS INDENTURE, made this 14thday of September, 1917, by
2 and be tween J. B. LANKERSHI!:f, of the City of Los Angeles. County of
s Los Angeles. state of California, party of the first part, and the CITY
4 OF SANTA MONICA, a municipal corporation, party of the see and rart;
6 WITNESSETH: That for and in consideration of the performance
6 of the conditions hereinafter ~amed by the party of the second part,
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7 the party of the first part hereby grants to the party of the second
8 part an easement for the purpose of maintaining and constructing a
9 storm drain, and for no other purpose whatsoever, over, across, in and
10 upon the following described property:
11 All that certain real property situated
12 in the City of Santa Monica, County of
, ~~' Los Angeles, state of California, more
~~~; ~ particularly descr! bed as follow;,', to-wi t:
13 ': ~ ,1:-
14 /)t ;~', Being a piece of land ten feet in width
, ~i and lying and situate five feet, measured at
~ ' right angles, on ai ther side of the followt ng
15 ~*t described center line:
16 Beginning at a point in the southwest
17 t line of Ocean Avenue. said point baing distant
-c; , 23.88 feet southeapterly from the point of
18 f intersection of the center line of Wilshire
Boulevard produced southwesterly with the
19 southwest line of Ocean Avenue, fla id distance
t--\~ ~ being measured along the southwest line of
20 )- J.l;, Ocean Avenue; thence south 12 degrees 42 minutes
; ;; ~ I wast, 29.49 feet; thence south 38 degrees 30
21 - , , minutes west, 37.60 teet; thence south 45 degrees
5 minutes west to the ordinary mean tide line
22 of the Pacific Ocean.
28 Excepting, however. such portion of that
piece ot land conveyed to the City of Santa
24 Monica described in deed recorded in Book 4530,
I pa~e 152 ot Deeds, records ot the County Recorder's
25 office of Los Angeles County, which may be
~ included in above description.
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Subject to such rights as the City of Santa I
27 Monica may ratve in above described. lend by virtue
of a Judgment of the Superior Court. in the case
28 of The Town ot Santa Monica V8. John P. Jones and
Arcadia B,de Baker, dated February 11th. 1892, and
29 to all rights granted by deed recorded in boek 1632,
paget7 of deeds. records of the County Recorder's
so office of Los Angeles county, and also subject to
such rights that the Pacific Electric Railway
81 Company or the Southern Pacific Company may have in
above described piece of land by J.,irtue of a deed
81 recorded in Book '1fo3 , Page 1'1 P-i2f, of deeds,
reoords of the County Recorder's office of Los
I Angeles County.
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1 A portion of the storm drain herein referred to has already
2 been placed in position on a part of said land, to-wit: running from
3 the bluff to the southerly line of the Palisades Road, and the
4 balanoe of the said drain is hereafter to be construoted.
6 This oonveyance is made on the following oonditions, to-wit:
6 (l) . That said party of the second part will construct
7 the balance of the said storm drain, commencing at the terminal point
8 of that portion of the storm drain now in existence, and which is under
9 and in the southerly line of the said Palisades Road, and running thence
10 through the southerly portion of the land above desoribed to the
11 ordinary high tide line of the Pacific Ocean. Such extension shall be
12 made without damaging the adjacent proP9rty of the party of the first
13
part, and said drain shall be oovered from the southerly side of said
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extension to its terminal at said high tide line. The party of the
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second part shall also fill in the portion of the land of the party of
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the first part heretofore scoured out by storm waters passing through
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the present storm drain. ~ll of such work must be oompleted on or be-
18
fore Ootober 30, 1917.
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(2) . That the party of the second part will, at its own
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cost, at all times maintain and keep in good repair and condition the
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entire storm drain.
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(3) . That the party of the second part will at all times,
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24 at its own expense, maintain all of said storm drain in such a manner
26 that no damage will result therefrom, or from the waters flowing there-
, through, to the adjacent lands of the party of the first part, and if
26
27 any suoh damage be done, the party of the second part will, with reaSOn-
28 able diligence, repair or pay for the same.
29 (4) . Should the party of the second part at any time abandon
80 the said storm drain as such, this grant shall immediately thereafter
31 become null and void, and on notioe by the party of the first part to
31 the party of the second part, the latter will enter upon the said land
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1 and remove all of said storm drain. and leave all the land hereby con-
2 vayed, and the land of the party of the first part adjacent thereto,
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in good condition.
4 (5) .
Should the party of the second part at any time in the
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future organize a system of caring for the storm waters at Santa Monica,
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by which the waters which otherwise would pass through the storm drain
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herein contemplated may be passed through such other system, then ipso
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facto, the easement hereb~y gr!'lnted elhall become null and void, and the
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party of the second part will, with reasonable diligence. at its own
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expe ns e , remove the entire storm drain herein con templa ted.
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(6) . The entire storm drain herein referred to shall be
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sed for the purpose of carrying storm surface rain water from certain
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of the streets of Santa Monica. and for no other purpose.
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(7) . Said storm drain shall at no time be of larger capacity
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16 than the one already partially constructed on a portion of said premises.
17 On the breach of any of the conditions hereinbefore set ont.
18 grant shall become void, and the estate and interest hereby con-
19 to the party of the second part shall immedia tely cease and deter-
20 and the said premises herein des~ribed shall absolutely revert to
21 party of the first part. and the party of the second part shall remove
22 11 of said storm drain at its own expense.
2S The term "party of the first partll as herein used shall in-
24 Iuds the heirs, executors, administrators and assigns of such first party
26 IN WITNESS WHEREiF. the party of the first part has her9unto
26 hand and seal, and the ]1arty of the second part has hereunto
27 its corporate seal and executed these presents by its officers
28 hereunto duly authorized. tlw day and year first hereinbaf.ore written.
29 fl/B.L~L
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~ J TY OF SANTA MONICA.
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State of California, f ss.
County of Los Angeles
On thiL....14.th...,...day oL.S.ap.temh.e.r..,.,...,.......nn, in the y~ar nineteen hundred andn..6.e:.v..flUte.eA. D"
lJefore me, ......n............n....nn..n~.Qi.s,n..c.Ur.ti,.s.S.,..:..........n....n..................00...................,........, a Notary Public in and for
the said County of Los Angeles, State of California, residing therein, duly commissioned and sworn, personally appeared
..,...."."...."'..,....J'.....~..,.Lankei'.shi-m.,.,...............................'.................................__...._....
mnm.."" ..""'......," ..n......n......'....n....n..'...mn.........n..........................:......................"............00 personally
known to me to be the person whose name......,.ilL..,....nn......nnsubscribed to the within
instrument, and acknowledged to me thaL:..nhe......executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
in said county the day and year in t ' certificate first above written,
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Notary Public in and for Los Angeles County, State of California.
[GENERAL]
'-;rimes,Htasstorth !;lta, Co., Los .\ngelea. 232,234 South Spring St. "# /t: P
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