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P-314 , , RESOLUTION NO. 1697 t, , , ,RESOLUTION AUTHORIZING THE CITY OF SANTA MONICA' TO 'ENTER, INTO ANTI EXE.CUTE THE ANNEXED INSTRUMENT. That the City of Santa Monica enter into and execute and the Commissioner of Public Safety, ex- Commissione,r of Public Works be and they are on behalf of the City of Monica I and the Commissioner of Finance, ex-officio City and he hereby is authorized to attest the same. The Commissioner of Public Safety, ex-officio Mayor, he hereby is authorized to certify to the ado!)tion of the Commiesioner of Finance, ex-offiaio Council, be, and he here- same. day of August, 193?, by the t'ollow- Mll11lc: en, G 111e t1:e ~~ Saraty, ex-officio Mayor of the City of Santa Monica. ATl'EST:'" /) ~C f, ~~ /Af"j ,,<../c:~~ ., Comm ssfoner ot ll'lnatloe, ex-officio City Clerk, ex-officio Clerk .of the . City Council of the City of Santa , Monica. ,. A . .. ,.a ''" OC-I B4~ 1000 1.36 - '~APproved as to forinhy Chi ~ _. 9-;~-104s July 20, 1929 1fU!ltutput lU4ili lJUlkeUtunmade this 26th day, of July, 1937 between PACIFIC ELECTRIC RAILWAY COMPANY, a ,California Corporation, party of the first part, andtbe CITY OF SANTA MONICA, a Municipal Corporation of the state of California, party of the second part: lIittWliliet4: That said party of the first part hereby grants to said party of the second part, ease- ment for sidewalk purposes, hereinafter termed system, across that part of the right of way or property of said party of the first part in the City of Santa Monica County of Los Angeles, 2tate of California, described as follows: A strip of land 2 feet in width situate in said City of Santa MOnica, described as follows: Beginning at the most southerly corner of Lot S in Block 5 of Tract No. 7425, as per Map recorded en page 66 in Beok 86 of Maps, Records of said County of Los Angeles; thence southwesterly along the northwesterly line of that certain easement IIfor stree t ~::lUrpo se s only" conveyed by Los Angeles Pacific Railroad Company to the 01 ty of Santa:':onica by deed recorded on page 153 in Book 1901 0: Deeds, Records of said County of Los Angeles, a distance of 96.00 feet; thence northwesterly at right angles to said northwesterly line of said easement 2.00 feet; thence northeasterly parallel with and 2.00 feet northwesterly from,ljleasured at right angles to said northwesterly line a distance of 96.00 feet a little more or less to a point in the southwesterly line of said Lot g; thence south- easterly along the southwesterly line of said Lot S a distance of 2.00 feet a little more or less to the point of beginning. The strip of land 2.00 feet in width above described being shown colored red on plat C.E.K. 209S hereto attached and made a part hereof. , . ,L)e~ d~- ;./~ \ \ ..... , -IJ ~ ~ . '. J' ' . , '. . PI ER ~ ~ ~ , \. AVE. ~ .p~ '" 40,OZ' ~ , - '" ~. 40' i;: \ t.u ~ ~ .A .::.. ~ w ~ 0 .-(\ ~ 0> \~ W ~ .." ..L ~~ "'-lU1~ .,!::.. O"t -;.~ .t- 40' . ./ /~~ ~~ (Xl '" C "'. N.'ll, 40.01 .- 96' MARINE Highway Easemenf-LosAnge/es PiJcilic t. AVENUE \n ~ Railroad 10 Ci/y of SanJa Monica f)rI90/./53 c:>. ~. ,..\ ~ -V ~ 0,A \!!!!!!!7 tll r 0 () ~ ?\ '" BOUNDARY fJ) rr1 --r1N ___.PF' () OF -- OJ }> CD U> '. .' fTl iJI s: ~ r1l 4 Z ~ L c: iJ -< r (I r-v )- fT1 .'^ ~ -1 ^ -.D U,l N --.& 0 1.O CP #='>/'1- / I . . .<. t.:. . . J~~ , . , TOGETHER with the right to enter upon and tb"pass and repass over and along said strips of land and to deposit tools, implements and other material thereon b)" said party of the second patt, its officers, agents and employees and by persons under contract with it and their employees, whenever and wherever necessary for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repairing said system. IT BEING expressly understood and made a condition of 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 CONSIDERATION of the foregoing gra~t the party of the second part hereby agrees to indemnify and save harmless the party of the first pa:t, its successors and assigns from any and all damages, claims, demands and liabilities whatsoever growing directly or indirectly out of the construction, reconstruction, maintenance, operation, or removal of said system, The party of the second part agrees to construct, reconstruct, maintain, operate, remove and alter said system in such manner that it will not interfere in any way whatsoever with the operations of said party of the first part, its successors or assigns, and that the location of said system and all work in connection with the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said system shall be done in a first class workmanlike 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 thrown back into the trenches and the remainder shall be removed from the premises or spread out evenly and smoothly over the surface of the ground, and that all of said back-filling shall be thoroughly packed so that the ground will not sink or cave in after said back.filling is completed. THE GRANT hereby made is upon the further condition subsequent that the premises aforedescribed shall at all times be used by the party of the second part for the purposes hereinbefore set forth, and none other, and if at any time such use 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 shall 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, shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF the parties hereto have caused respective corporate names and seals to be affixed hereunto and these presents executed by their respective officers thereunto duly authorized, the day and year first above written. (SEAr.) / ~)~BY ._______~__ .. "__u_ _______~____~_..n_~_ ______h_________._~_h_~_____~ H' Secretary. (SEAL) CITY OF :tI~ BY~' ATTEST: ) By J ~j;.~., _,.r r'" 'I::::: j .' 'i 'IOii r r " .. 0',/ v' ,,( ,C-c' Commies oner of inance, ex-oft1cio ~a~'46 r:r1VJ1 City Clerk, ex-officio Clerk of the City Council of the City of Santa Monica. . llJ. 'yu '- ~ J;tuh> of ClJ:aUfnruia ~sa. ~~ C!rlluutn of 1j1l1l Augl'bll On thi5..)i-111.._m....._ ..day 19JL, before me, __.'m..mm ..m_............m______m.....m.._m_mBEL'lA. .1. DALE ..m m.mm...m.m....... ..a Notary Public in and for said County, personally appearedmm.. n...'2.,. A. 811 I T"rl _______~______w_________________________~_______________________~____._____.______________________~. L. A. LOVELL known to me to be the..c.....,~.,..,-.President, known to me to be the,.......mn ____m.' Secretary of the PACIFIC ELECTRIC RAILWAY COMPANY, the Corporation that executed the within and foregoing instrument, 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. Jllfit1tt!Ui my h.wI .rid olli".] "~] th, d.y ond yO" rothi'. ",rtin"" fi~0' ~ ~~..._6,"..mm..m...__.._..__~,- NOTARY PUBLIC in and for theCounty.,f Los Angeles, State of California. ". ",' \....<\. ::# .3 ,.It! WHEN RECORDED RETURN TO: rl C:>rnelius W. McInerny. Jr., .-,,~ '< ~ C1. ty Attorney,____ .. 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