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P-314 + .. .~,..,. ., ',' ',' .....,t I ,"< , , . DEED NO. 314-1/4 "' RESOLUTIOJ.j AUTHORIZING THE CITY OF SANTA MONICA, A. MUNICIPAL CORPORATION, TO PURCHASE CERTAIN REAL PROPERTY toCAT"! ED IN THE CITY OF SANTA MONICA,CALIFORBa. . . . .. .- . . . . .. .,---',' . THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY REsoLVES: That the City of Santa Monica accept the Harry L. Markowitz and Ruth S. Markowitz, his by the City of Sa:O.ta Monica, a municipal of TitlE! Insurance insuring title in fee in the CITY OF SANTA MONICA, a municipal corporation, tpe Commissioner of Finance, e.~-officio City Treasurer, be, and he hereby is a.uthorized to pay.to Harry ,1.. Markowitz and Ruth S. Markowitz, pis wife, the ($8,000.00) Dollars. The Commie ai oner l he hereby is authorized and the Co:rmnias ioner of Clerk of the the sam.e. ADOPl'ED this 23rd day of August, 193'7, by the AYES: Plumer, Milliken, Gille, tte NOES: None. ABSENT: None (CORPORATE SEAL) (Signed) r ATTEST: ~ (Signed) T D'PLUMER Commissioner of Finance, ex-officio City Clerk, ex-officio Clerk or the City Council of the City of Santa Monica.. APPROVED as to form this 16 day ~ of August, 193'7. (Signed) CORNELIUS W. Me INERNY, JR. Cornelius W. 14cInerny, Jr., City Attorney. '" ." :'i.- . . DEED NO. 314-1/4 -2- Copy: G-R-A-N-T D-E-Eo-D IN CONSIDERATION of Eigb.tThousand ($8,000.00) of which is hereby: acknowledged, HARRY L., MARl\OWITZand Rumns. ' MARKOWITZ, his wife, ipal corporation, in the County: of Los Angeles, state of California, all that real property: in the City of Santa Monica, County of Los Angeles, State of California, described as follows: That portion of RANCHO SAN VICENTE Y SANTA :MONICA, in the City of Santa. Monica, County or Los Angeles, State of California, described as follows: Beginning at a point in the Southeasterly line of Colorado Avenue; formerly Railroad Avenue, at a point that would be intersect- edby the Southerly prolongation of the Northerly line of Tenth Street; thence Southerly along the Southeasterly line of Colorado Avenue 233.8 feet; thence South 440 45'East parallel with said prolongation of Tenth Street 172.4 feet, mOre or less, to a point in the Northwesterly line of the 3.0 foot stt'ip convey:edto E. P. Clark, by Deed recorded in Book 2213, Page 244 of Deeds; thence Northeasterly along the sdd Northwesterly line 235.9 feet, more or less.l to a point in said line of said 30 foot strip, which bears South 440 45 'Bast from the point of beginning; thence North 440 45' West 140.4 feet, more or less, to' the point 0'1' beginning. EXCEPT the Southwesterly 183.70 feet thereot , formerly conveyed. TO HAVE AND TO HOLD unto the said City of ~antaManica, a municipal corporation, and its assigns forever. WITNESS our hands this 23 day: of August,l937. (Signed) HARRY L.Ml.RKOWITZ (Signed) RUTH S." MAUCOWITZ I ~, - < .-(< , , - . . ',' - . DEED NO. 314-1/4 ..3- Ang 181937 APPROVED as to descriptIon (Signed) ROV/ARDB. CARTER CitylIDgIneer. STATE OF CALIFORNIA, ) ) SSe COUNTY OF LOS ANGElES.. ) On this 24 day of August, MARKOWITZ and RUTH s. MARKOWITZ, known to me to be the persons' whose names are subscribed to the within instrument, and acknowledged tome that they executed the same. WITNESS my hand and Official Seal. (NOTARIAL SEAL) (Signed) llARTHA RELYEA Notary Public in ~rOr said County and state . My Commission Expires January 28,1938 I RECORDED at request of Title Insurance &: Trust Co.Aug 25 3.,937 at 8:30 A.M. In Book 15134 Page 396 of' Official Records, Los Angeles County, Cal. C. L. LOGAN County-Recorder. rs TIm That the City ot Santa Monica accept the anfi$xed Grant Deed from Harry L. I\'larkowitz and :ci.uth S. Markowitz, his wife, and upon receipt by the City of Santa Monica, a munioipalcorp- oration, of apolioy of title insurance insuring title :i.nfe~ in the city of. Santa Monica, a municipal corporation, the.Com- missioner, of Finance, ex-officio City Treasurer, be,sndhe here.. by is autlrorized to pay to Harry L.Markomtzand Rutb S.Marko- witz, his wife, the sum of Eight Thousand ($8,000.00) Dollars. The Commissioner of Public Safety , ex-offic1'o Mayor, be, and he hereby is authorized to certify to the adoption ,.of . this resolution, and the COmIllissioner of Finance, ex-officio City Clerk, ex-officio Clerk of the City Council, be, and he here- by is authorized to attest the same. ADOPTED this 23rd day of August, the following vote: AYES: J'l umer, 1(1111 ken, NOES: None ABSENT: None ~ ATI'EST: ., /,,) /J ~ I,' / . '~ D~tJ l.... / .', / """,.. ./f; " ./ -.--"L~.<--~ Commiss oner of Finance, ex-officio City Clerk, ex-officio Clerk of the City Council of the City of Santa Monica. to form this Ir:, day lars, receipt of WITZ and RUTH S. OF SANTA MONICA, Los Angeles, State 01' City of Santa Monica, County of Los Angeles, State,ot described as follows: l BEGINNING at a point in the Southe..terly line of Op- lorado' A~enue; formerly Hailroad A~enue, at a point . that would be intersected by the Southerly prolonga- tion of the Northerly line of Tenth Street; thenoe ~southerlY along the Southeasterly line of Colorado nue 233.8 feet; thenoe South 440 45' East parallel . ~ ..id prolongation of Tenth Street 1'lll.4.feet, laOro or · less, to a point in the' Northwesterly line of the 30, ~ ,foot strip conveyed to E. P. Clark, by deed recorded in Book 2213, Page 244 of Deeds; thence Northeasterly along the said Northwesterly line 235.9 feet,more or less, to a point in said line of said 30 foot strip, 'Which bears . South 440 45' East from the point of beginning; th~noe NOTth 440 45' West 140.4 ,feet, more or less, to the' . point of beginning. EXCEPT the Southwes'terly183. 70 feet thereof. conveyed. a municipal corporation, and WITNESS our hands this f,t."3 ally appeared HARRY L. MARKOWITZ in instrument. same. VJITJlJESSmy hand and Official Seal. ~ 1 ~ I ~e ~ . ~~~~ <~ ~.a~~~ 2 - 0~~ i oz~ :z; , -0 l>i ~.J '- I H ~ E-t !'-t ~ ~ CDW ~ NO C48. if z H H _!,tl Z <II < 0:: C4 :z; Z P-t <ll I-l I- 0 ....... O.OOO.CIlZ Zo2l1- ~~HC4 C4 ~I- ~. ~~~~, ~~ ~~alJ ~ o Z 0 <II' >-t tj II. t:1l(il - Z :z; <II P-t rr:t E-t <lj 0 ::I! U I OCllC4C4HO ..-I . H 0 0 ~rl E-t~0:Z; CD p-O H~ t~ H H~~ U~ o >-t clt E-t E-t .. 0 CIlE-tP-tC4' 0 ~HH~:Z; I ~OOOH I ~ ;,(. z """C.:C! ' -, ~ ("I' ~ -~. ~- ". tfl c,' .~~ ~'L ....... ..J..t. .-. -- '-.". ' C ..,. "" 7;';; b r~ a ~\--' \l\ ..,. ..... () in : " ", I . c. --. . ',"'. """'i:~ ,..... ". ~ .. -r< tJ ,.., C,,' ,'" ,&00 " :;c. .c. ;...... t::: ; (..'> ti" ct.. " \\ c:.. it' ~ .(.~ :.~ '1 ~ ~ C\l ~ 01 'ii ~:..! ,tij. i \ t"- ~ ~ i'. S~.:~ i.. - " cc . ... '";j \... ~ IC. _ OJ \j; ',' l-U ,,~ ~~ ~~i ~. 2\j~; it ~ ~L \ __ ,~ V' ",:;~ : .g I I, . . JI!'~' 11) (1. ,;, ~. .- ,.... "-.. ' :1 .... .;:;.' ; g ~, ~- ' {' - ,~ '(;; 8'" .- · ~ -; :' ::; I ~ ,...... ~ .,: :,. .!i I.' ,':7 ._~~ - . '. 'i,. iE ~ . . ;;ii' \~ ~:i: ._..~. ',. I. , .:: ;g e.- '_~ .~ . I . ~~. <, , , ,~' <'_'_ ,'_'">". .i^_,' "', ~^ " - , '" - '-.........-~............. - ~ ,.~.'\.~. ~ '. . RESOLUTION 'NO. RESOLUTION AUTHORIZING THE CITY OF SANTA MONICA TO ENTER INTO TEE ANNEX:ED UNDERGROUND PIPE OR DITCH CROSSING AGREEMENT WITH THE PACIFIC ELECTRIC RAILWAY COMPANY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESO~VES: That the City of Santa: Monica, a municipal csorporatioil, enter into the annexed Underground Pipe or 1>i toh Crossing Agree- ment with the Pacifio Eleotric Railway Company, a oor:pQration. That. the Oommissioner of Public '.forks, ex-officio Street Superintendent, be, and he hereby is, a.uthorized to cert.i-. fy to the adoption of this resolution, and the Commissioner of Financse, eX-OfficiO City Clerk, ex-o:f':f'icio Clerk of the City Counai1, be, and he hereby is, authorized to attest the same. AroJ?TED this 19th day of OctOber, Ing vote: A.YES : J?lumer, Milliken NOES: None ABSENT: Gillette CORPORATION SEAL S. :M. , , W., W. MILLlxEN (Si~ed) Commissioner 01' PubllC' WorkS, offieio Street Su:perintendent the Oity of Santa Monioa. ATTES T : T. D. PLUMER (Signed) Commissioner or Finance, ex"of':Hcio City Clerk, ex",officio Clerk ot the City Council of the City of Santa Monica. Approved as t o form this 15 day of Oat ober, 1937. CORNELIUS W. McINERNY, JR. (Signed) Cornel.ius \v. McInerny, Jr., City Attorney. . .-- " '" mrDERGROUND PIPE OR DITCH CROSSING THIS AGREEMENT, made this 1st day of October, PAOIFIO ELEOTRIC te~ed Licensor. and CITY OF SANTA MONICA, City Hall, Santa Monica, California. hereinafter termed Licensee, WITNESSETH: 1. That said lege to construct. maintain and ope"-te ----------------------~ p " A One (1) n Inch C2:Ql.r Water Pipe hereinafter termed struct- ure, tor conveying Water------said structure to be 'placed beneath the right of way and under the tracks of ae.id Licensor, at orIlElar Engineer's station--------near Pier Avenue, Santa Jionic&. station, Inglewood and Lagoon..---Linei. County of Los Angeles---:-"'---"--- and State of California, said struoture description and speoifications: Under specifications as set 2. The Licensee and the agents &nd employees of the Licensee shall have the privilege of entry on said prettllses.for the purpose of making necessary repairs to or changes in said structUre. and the Licensee agrees to &t a.ll times keep said premiSes j,n a good and level condition to the satisfaction of the Licensor.. 3. It is i'urther agreed that at the expiration of said term or any extension thereof, or upon revocation of the privilege hereby granted or upon the cancellation of this agreement, as here" inafter provided, the Licensee shall, at Liaensee' s cwn COst and expense, immediately remove said structure and restore said pre- mises, as nearly as possible, to the same state and condition they were in prior to the construetion of said structure. \'V1f('" --.,"'. . Lice,nsee agrees to' oonstruct ,re canst mot f."aintf!in,' operate, remove, alter and make changes ,in the looatiorlof said structure in sua.h a manner that it or they will not interfere in any way whatsoever l!ith the operation.s of sa.id Lioensor, its successors or assigns, and that t18 loos.tion of said.structure. and all work in connection with the construction, reconstruotion, maintenance, operation, removal, alteration, and oha.nges, in the location of said structure, a.s hereinafter provided, shall be done and made under the supervision and to the satisfaction of the Licensor, its lessors, suocessors, or assigns. 5. Should said struoture be, in whole or in part , a Water p1pe, ditch or canal, the Lioensee promises and agrees t.o provide and maintain in ~oodcondition and repair, at the sole Clost and expense of the icensee, suffioient fences or gratings across such ditch or canal, where the same crosses' t~e boundary lines of the right of way of the Lioensor to prevent the ingress through suoh di toh or canal,' of animals upon said right of way., And the Licensee promises and" agrees to' indemnify and save harm- less the Licensor and its lessors, successors, or assigns from and against any and all claims for loss or damage, which may be made against them, or either of them, and all cla.magesJ losses, costs and expenses which they; or either, of them, shall.sustain. pay, or inour by reason of t~e killing or injuring ot,any animal upon said right' of way, or by reason of 'the presence' of any ,ani- mal upon said right of way, when such animal shall haVe entered thereon by means of such ditch or canal. . 6. Said Lioensee hereby agrees to indemnify $!ld,save harm- less the Licensor, its suceessors or assigns, trom any and all damages, claims, demands and liability whatsoever, growing , directly or indireotly out of the ConstrUction orreconstruotion, maintenanoe, operation, or removal of said struoture or pipe line, and from s.ll damages and liability of whatsoever kind ,or nature by reason of any injury that may occur to sai,d pipe line, or too the Ilioensee, its agents, employees or property, or to the pro. pe:rty of the agents or employees of the Lioensee.,> by reason of any injury that may occur to said pipe line, caused directly or indirectly by t:ae operation of the railroad of the Li,censor, or by fires, or any other cause whatsoever, whether traceable to, negligence of the Licensor or its successors or assigns, agents or emplo;rees, or 'otherwise. 7. Said Licensee hereby agrees to effeotively and permanent- ly insulate its pipes in such a manner as to prevent the flow of the electric ourrent in same, and explosioi1froDl electric sparks. The insulation of the pipes from the earth shall be effected by incasing the pipes in redwood boxes filled. with asphaltum the entire length of the p1pes unde,r the Licensor's rmt ot wa.,.. > excepting pipes of not more than three-fourths (3 (,) inch diam~ter, which may be insulated. by,wrapping said pipes with a. oovering of burlap saturated with hot asphalt and paseed through a lEingth, of two (2) inch wrought iron pipe which has been;previously ooatedby dipping in hot as)halt. This two (2) inch pipe shall extend noot less than five (5 feet on eaoh side of thera1ls. The,pi:i)e ot' three-fourths (3/4) inch diameter or less shall be "rapped and saturated with asphalt for a distanoe of at least tifty (50) feet on each side of the tracke and shall be tested to Diake certain' that there shall be no metall1caonneotion between said three- fourths (3/4) inch pipe and the aforesaid two (2) inch.iJ;>ipe.. Wherever oil stand pipes are, placed on the Lice'nsor's ri~t of way for the purpose o:f loading or unloading oil, an approved insulating union'must be placed in eEj.oh stand pipe. Said insu- lation to be inspeoted and approved by the Eleotrical Superin- tendent of the Licensor before said pipes are placed in 'ltSs. The Licensee further agrees that it will indemnity and hold harm- less the Licensor against any claim whioh may be made for injury to life or property, oaused by or arising out of an explosion from eleotrio sparks, or due to tailure of the Licensee to proper1.y).n" sulate its pipes, and said Lioensee herebY' assumes all risk of damage to said line or any pipe lines or property of Licensee, oaused by electrolysis or the esoape ot ,electrio current; er the entry thereof into saili pipes or property ot the Lioensee, and agrees to hold and save harmless the Licensor. its BUOCesso1"S and assigns, from any and all claims, demands and liabili1l7 whatsoever caused by electrolysis or the, escape of electric cU,nent by reason ot the presence of' the pipe or pipes herein mentioned. 8. The top of said pipe shall be not les~ than eighteen (18) inohes below base of tie, and no pipe shall be installed nearer than 2'6" from any trolley P?le. 9. In the event any work upon or in 'conneotion: with said struoture or its appurtenances to be done:o.pon, beneath or adjaoel)t to the tracks and property of Licensor should: be let to a oont,rl3-ctor by .iJicensee, such work shall not be, begun ,until suchContraotor , shall have first entered into an agreement with Lioensor, satisfact- ory to Licensor and indemnifying Liaensor froll and against all ' 01a1ms,demands. oosts, loss, damage and liabflity, growing out of the performanoe of the work to be done by such Contraotor,. and suoh Contraotor shall MAKE A CASH DE:POSIT OR FURNISlt, at no e-xpenseto Lioensor, a good and sufficient reliable SuretY' Company bond, suoh cash depositor bond to be in suoh amount as ~y be spec;1fied by Licensor for the fa.ithful performanoe of all, the terms, oovenants, oondit ions and stipulations contained in saia agreement to' be enter- ed into with Lioensor by said Contraotor, as here in this paragraph provided; the form of said bond to be satisfactory to Licensor. When any work is done by the Lioensee in oonnection with the, oonstruotion or maintenance of the structure herein reterred to, Licensee shall pay any oost or expense inourred by Lioensor for WOrk, it shall do in conneotion therewith and suoh oost and e:q,ense shall inolude all engineering, inspection and other direct labO'r charges plus U>% ot such engineering. inspection and other direot labor oharges, and shall also inolude the cost'of all ,material used plus 10% of suoh oost, said percentages oovering the Us~ ofhane. tools, supervision, general expenses a.tid material store expense. 10. Lioensee will fUlly pay for all materials ~oined or af.fix-, ed to said premises, and pay in fUll all persons that perform labor upon said premises, and will not pemi t or suffer any meohanio,s' liens or materialmen's liens ot any kind or nature to be entorced against said premises for any work done or materials ;furnished there- on at Licensee's instanoe or request. .' 11. Licensee will ondemand repay to Licensor all no.taries' and. reoorders' fees necessarily expended by Licensor tor tlie pur- poses presoribed by the laws of this State, in the proteotion of Licensor's interest in and to said premises. ~- . ." ....... . . . , ".. . 12. Incase Licensorshallbring,suit to compel perf'ormance of', or to recover tor breach ot,anycovenant, agreement Oroon- ,dition herein written, :Licensee shall and will pay :t;o 11ioensor reasonable attorney tees in addition to the amount ut Jud~ent and costs. ' 1:3.'" J;t is turtheragreedthat should the Licensor. i tales-. sors. suocessors or:assigns, at arq tilJ;lerequiretheremoval~ ' reaqnstru.otion, alterat1on, orohanges in the loeationof' said struoture, or shall at any tim~ or times construot, an additional track or tracks, the ~ioensee shalI, at Lioenseelsown oost and ex:p:ense. imme dia telyremove, recon~truot,a1ter ,exte,Q.clor make eh~nges lnthe looation O:f sald structure in a mannersa~ista.eto1"1 to the Lioensor uPQn receiving written notice:from Lioensor, its lessors, S1loeessors or assigns so to do. 14. It isfu.rther agreed that this lioense, is personal to Lioensee, and in ease said Licensee shall attemIlt to asa:i.gp. or transf'er the same, in whole or in part,wtthout the written oonsent ot the Licensor, .orshall fora periodot sixty- dayscont iwously f'a.il to use said struoture, this lioense may, by not ioe'from the Lioensorto the Licensee, be revoked. 15., And it ,is fu:rther agreed and understood that this a.gree:- menii maybeoancelleddby either party hereto giving thirty days I notioe in writing tothatef'fect to the other., 16. Excepta.sotherwiseprovided herein, the terms.>and. oon- ditio.ns,.of th1sagreementshall inure to the benfit of and be binding u)on the heirs, adminlstratorsJaueeessors and assignsot the parties hereto. 17. Itise:x::pressly understoO-lland agreed that tlle Lioensee will at no time claill1 the property of Licenso:!:', ,nor any part thereat, as dedicated to public us'e, by reason ot the useoi' such property tor any ot the Purposes herein providedf'or 0.1" inoidental thereto. 18. Notwithstanding anything in this a.greement to tran the term .Qt this agreement shall not in any- event exceed five years i'rom the date hereo~, provided, however, that anY hold- ingover atterthe eXpiration ot such term of :tiveyears shall be subjeot to, the provisions, oonditions, and term.s and eaoh thereof' .of this 1ioen$e. 19.L1oensee shall pa;y in addition to the :rentalspeeified in Artic1e '1. the Sum of' Six ($6.00) Dollars for Engln$er$ng, InvestigatioJ:1 and ~nBpeotion. IN WIT:NESSwHEREOF~ tlle parties hereto have caused thesepres;I1ts to be exe~uted by their oftioers thereunto duly authorized the day and year first above written. PACIFIC ELECTRIC RA.ILWAYCODANY B. W. By A. BA:BEAU rS1~ed) Approved a.s t ofo~ P1-es~e..t Assistant., Secreta17 this 15 day ot Oot 1937 OITY OF SANTA MONICA: (SGID ) CORNEIiIUS W.MeINERNY,JR. By E. S. GILLETTE (Signed) C1ty A.ttorney May.r . By T. D. PLUMER .'. rSi~ned) 0ity lerk.. SEAL Diag;tam attaohed to or1g1nal.