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P-283~ ~ ~ ~ ~ j/ ` ~. . . ~ ~ , . ` 1 RESOLUTI01~ ACCEPTIIdG E9SE~tENT FOR SANITARY SEW~R 2 3 ~'HE GITY GOUNCII, OF ~'HE CITY OF SAA'TA ~':ONIGA F~EBY itESQLVES: 4 ~.at the annexed Easement from the P~eifie ~].eetric Ra.ilway 5 ~omp~z~y to lay and maintain a sanitar~ ~earer aver ~he praperty deacribed 6 therain be and the same is hereby accepted. 7 I~' IS ~F~R RES~OI,YED: ~'hat the Commissioner of Pu.blic Safety, as 8 9 ex-offiaio Mayor and the ~o~issioner of Publie Works be and they hereby (p mre authorized ~a i~stru.et~a to execute the annexed 9ceep~ance of the esr~e ~~ a~d that the Conunissioner of Finance, as ex-officio ~ity Clerk of the aaid f('' 12 City of Santa ~2onica be e,z~.d he hereby is authorized and instructed to a~teat 13 the same and affix the Seal of the Gity of S~nta ~tanica thereto. 14 Adopted: July 5 th , 1928. ~ 15 ~ ° ~ 16 , o ~ t-- ~ ~ ] 7 (~ , p >~ 18 Commissioner of Finance, ex-offiaio ~~ 19 City Clerk, ex-officio Clerk o~ the ~,~., City douncil of the ~ity of Santa B&onic: 20 21 22 23 24 25 26 27 "".,~ 28 29 30 31 32 f~c~" o~~o?B3 r ~. _ ~ ._„'. ~ " , . , ~ Appro~e to form by Chief Counsel:. F°ocm A-315~ ~ ~ ~ _ ~ . . ~ ~~ ~ : . ~ 3t~.Y.': I5. ~ 1925~ ~-'~-711 ~~. . . ~~r~e~e~ct ~~i',~ ~Tt~t~ll~ilre made this 2~ tYi cz~ ~ Of ~It~ne x 7. ~2~ between PAGIFIG ELECTRIC RAILWAY COMPANY, a California Corporation, party of the first part, and _ the CITY vr as~T?~':~ ~G~:ZC~, ~, ~unieiaa7. Corvar~tion, party of tlie second part: ~(tjYQ~,}}Q~; That said party of the first part hereby grants to said party of the second part, ease- ment for seut'~T purposes, hereinafter termed systern, across that part of the right of way or property of said party of the first part in the City o~ 8a.r.ta i~onic~., Gounty of ~~~ ~r~e'es, State of Galifornia, described as foltaws: i~~' th~.t ~orti~n Qf the wtrip of ?-nd ~j0 feet in wicith conveyed by ~iartha. Freeman to Los a-r.ge~es P~c`!-~i.c Compa.ny i~y deed recordEd on ~a.~e ~95 in Booi~ 303C~ of Deec"ts, L~s x-r_~ei_es Caur~t;~ Records, inc'~sded ~ithin a. stri~~ of Z~nd 3 feet in tvidth ext~nair~4 fro:~ t ae e: sterly ?ine t~~ ti~e wester'C.y'2ine of s?id~F~ fact stri~ of ?.~n~, ~nd being ?.5 feet on ea.cr~~ siae of t'r.e ;nro?~r.tied c~nter ?i~e ~f Linc~ln Bou7ev2rd, for:f.er'~.y Eightn ~treet as sr~oaa~: on m~;~ of Tne p?1i~~,des, S'neet 3, re- cor~ed on p~.ges 2~0 anci ~ 57 in Bo~k 2C1 of i~~.~s, ~:as A-r.ge7 es ~ounty Records, . Tne ~k~ove descri~;ea st.rin af 7~nd 3` fEet in ~F~i~t'r~ cein~. sr~own ~i~.ar~d red an p7.~t CEK 15~j1 hereto attPChed a.nd ~~~e a-odrt l~ere~f., ~r 5. ~ . ~ ~ ~ . . ~ . . . . . . .. .~~ . ~ ~ . .. ,i~~ . . . . ~ . ~ . . .. .. ':,.6.1 . } ~ - . . . . . . . :~. . . .. ~ . . ~ ~ . . . . . . . . . ~ ~~ ~ . . . . . . . . . ~ Dce~ ~~Z.~3 ~ n t. ~ . _ , TOGETHER with the right to enter upon a~id td pass and repass over and along said strips of land and to sit tools, implements and other rnaterial thereon by said party of the second part, its officers, agenfs an~iployees and by persons under contract with it and their employees, whenever and wherever 'necessary for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repair-. ing said system. IT BEiNG expressly_understood and made a condition af'this grant that the right of the party of the first part, its successors or assigns to maintain its present and any future tracks along these parcels shall be recognized as prior in time to this grant. ' IN CdNSIDERATIOlV ~of'the foregoing grant the party of the second part hereby agrees to indemnify and save harmless the party of the first part, its" successors and assigns from any and ali damages, ciaims, demands and liabilities whatsoever growmg directly or ir~directly out of the construction, reconstruction, maintenance, ,apei~ation; or removal of said system. - The ~arty af the second part agrees to construct, reconstruct, maintain, operate, remove and alter said system in such manner that iP wii] nof interfere in any way whatsoever with the operations of said party of the first part, its successars or assigns; and that the location of said system and all work in con- nection with the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said sys- fem shall be,done in a first class lvorkmanlike manner. The party of the second part agrees that upon completion of any work in connection with said system, as much as possible of the earth excavated from the trenches thereof shall be thrawn back into the trenches and the remainder shall be rernoved from the premises or spread ont evenly and smoothly over the surface of the ground, and that all of said back-filling shall be thoroughly packed so that the graznd will not sink or cave in after said back-fiiling is completed. . . TI3E GRANT hereby made is upon the further condition subsequent that the premises aforedescribed shall at all times be used Uy the garty of the secondpart for the purposes hereinbefore set forth; and none other, and if-at any time such iase shall be abandoned or discontinued; all rights and privileges hereby granted shall forthwith cease and determine and the party of the first part, its successors and assigns sfiall be restored to its former estate in said premises. THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may affect the property and the word "grant" as used herein, shal] not Ue construed as a covenant against the existence of any thereot. IN WITNESS WHEREOF the garties hereto have caused respective corporate names and seals to be affixed tiereunto and these presents executed Uy their respective officers thereunto duly authorized, the day and year first above written: PACIFIC ELF TRIC RAILWAY COMPANY, Ey _-......:._ .. . ..._ .. . .. _... .._.... ....._._............__......_........-- . ice-President. r_~ . ..._...._.. ~e~ . _ 1 -....._ _ ... - -........._ .. ...:... .._..........__.. .........._:..._..... Secretary. ~ ~ ~-G~ ~ . vITY UF ~n~vfirl ~:Ui~ii:t~, _~ V~ ` r . A'tR'ESP: Commissioner lic Safety, ae ex-officio Mayor ~.c.~G;~ ( +4a-~ -/~~~_'~--~ Coamii~sioner o~ce, ex-officio• ~ommisaioner af Pu.blic ~orks. Cit3 Clerk, es-o£fieio Clerk of the £ity Council of the Gity of Santa Monica.. ~tate af ~Iifarnia l( g~ f~ountp af 3Eos ~fttgeltu 7 . On this........ . ...~..._:.day of .,........._.. ..._. ...... :....... ..... - - -... -.._., 19...v_:.., before me, ~~ ......... ..... _..._ ~_ '. .. ................_..............._ :.:.. - ___ _.. --.a Notary Public in and for said Coixnty; personallY aPPeared.... _. _~ ' r'77' TItJ ........... . . .. _ -- _ -.. _ ._ _. . ......_.. . _. ... ......._.................._ ....... known to me to be the..__..1~.l.G.Q........President, and. ......... .. ~ ~'1 ~v~T" L known to cne to be the....-.-::"_-._:_:.`.'..-._..Secretary of the PACIFIC ELECTRIC RAILWAY COMP~NY, the Carporation that executed the witMin and foregoing instrumet~t, and known to me to be the persons who executed the within instrument on behalf of the corPoration therein named, and acknowledged to me that such Corporation executed the same. ~r~pgg my hand and official seal the day and year in this certificate first above w`~ritten. r~ ~~~ ~ ... ~ ~ '--`--- ......_ ,.'. . ._..... - .. ........ __, ......_. ~ NOT~Y,~LIC 'n and~ Eo th Cov t of I.os Angelea 5 of ~ Cal Fo ia. ~ _ '~.253 / ____~ ~ . , ~*^ v , ,, • .. , ««~ ~ , 1 STA'7~E OF CAI~IFQRNIA, j ) sa. 2 COUNTY OF LOS BNGEL~. ) 3 On thia ~~ day of July, 1928, before me, CHES~ER L. COFFIII, 4 5 a Notary Publfe in and for th~~County of Los Angeles, S`tate of Galifornia, 6 residing therein, duly comrnissioned and sworn, personally appeared H. 7 L~ICHEL, lfliovvn to me to be the Commissioner of Public Safety, ex-officio biayor 8 of th~ City of Santa Monica, a municipal corporation, and JOHN A. L:ORTON, g lrnown to me to be the Gommisaioner of Publie Works of said City, whoee namea 10 are subacribed to the foregoing Acceptance of Easement, arsd they acknowledged 11 to me that they executed the sarne on behalf of the said City of Santa Manica, 12 and on said ~-~:~~ day of July, 1928, befare me, personally appeared F. A. 13 14 $EL"FOi~, knocvn to me to be the Com¢nissioner of Finance, ex-officio Gity Clerk, 15 and he acknowledged to me that he attested the execution of the foregoin~ 16 kcceptance of Easement and affixed the Seal of the City of Santa P~onica theret 17 puraUan~ ta a Resolution duly adopted by the City Council of said City. ~$ IRT WITNESS 4VF~REOF, I have hereunto set my h~nd and affixed my 19 Official Seal the day and year in this certifieate first above written. 20 21 ~ ~ ~-- 9 ~~ 2z ,~~ ,~-- -~,~-' 23 Notary Public in a,nd for the~ t;,~ of Los Angeles, S~te of Californi&.` 24 25 26 27 28 24 30 31 32 >> „~t'.~ 83 . . ~ . + 4 ~ { • - .. . . .