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P-341 . . "-I . - AI "- . ' fI , ..... . ... - .... , . ~. RESOLUTION NO. 24ft> RESOLUTION ACCEPTING GRANT OF MSEMENT FROM PACIFIC ELECTRIC RAILWAY IDMPANY, A CORPORATION. THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESOLVES: That the annexed Grant of Easement from Pacific Electric Railway Company, a corporation, of that certdn real property in the City of Santa Monica, County of Los Angeles, State of California, de$cribed as: ThOle portions of Lot 6 and of the 10rtbeaster1y 30 feet of Lots 7 and 11, all in Kock 1 of South Santa Monica, as shown on M~ recorded in Book 3, pages 86 and 87, of Miscel:aneous Records of the County of Los Angeles, with:n a strip of land 100 feet wide lying 50 feet 01 each side of the following described center li~: Beginning at a point in the center line of Bay Street (60 feet wide) as showr. on said map, which is northeasterly thereon 194.32 feet from the center line of Ocean Avenue ( forme~ly ~ Promenade, 60 feet wide) as shown on seid map; ~ thence northerly in a direct line to e point in the south-easterly prolongation 0; tb& center line of Ocean Avenue (80 feet wid.) as shown on map of Tract No. 1347, recorded ilBook 18, Page 89. of Maps, records of said' eounty, said last mentioned point being southauterly along said prolongation 29.94 feet fron: the cent,er line of Pi co Boulevard (formerly Fremctt Avenue-80 feet wide) as shown on said last Jentioned map. Excepting therefrom tb.at portlonthereof lying northeasterly of the fo110wlng d~eribed line: Beginning at a point in the nort:b.westerly line of said Lot 6 which is nortieasterly therr 24.51 feet from the most wester~ corner of s~ last mentioned lot; thence soutl:easter1y in ~~e direct line to a point in the scutheasterly ., of sdd last mentioned lot whie} is' northea.f~erl~ thereon 29.14 feet from the mos. souther1YfOrne of said last mentioned lot. ..... be and the same is, hereby accepted. of Public IT IS FURTHER RESOLVh'D: That tie Commie.sioner d and in- Safety, ex-off1,cio Mayor, be, and he hereby is, authorize Bement strueted to execute the'annexed Acceptance of Grant of Ea thoriZ~d end and the Commissioner of Finance, be, andhe hereby iSh a~itl of instructed to attest the same and affix 1he seal of t e Santa,Monica thereto. fficio Mayor That the Commissioner of Publi~ safet~,ex-o zed end of the City of Santa Monica, be, and he iereby is, authorl -1- j)eoc/;F~~/ ,.'~ ~'---.-~ (, . .~ i" ... ..., ,"" . e .. . .'. - - . . instructed to certify to the adoption of this resolution, and the Commissioner of Finance, ex-officio City Clerk, ex-officio Clerk of the City Council, be, and he hereby is, authorized and instructed to attest the same. ADOPTED this 29th day of February, 1940, by the follwlng vote: AYES: Freeman, Mi111ken, Crawford NOES: None ABSENT: None ety, ex- of Santa // / ATTEST: comm~oe".X-Offl0iO City Clerk, ex-officio Clerk of the City Council of the City of Santa Monica. Approved as to form this ~g day of February, 1940. STATE OF CALIFORNIA, ) ) ss. COUNCY OF LOS ANGELES. ) I, D. C. FREEMAN, hereby certify that I am the Commissioner of Finance, ex-officio City Clerk, ex-officio Clerk of the City/Council of the City of Santa Monica; that the foregoing is a full, true and correct copy of that certain resolution adopted by the City Council of the City of Santa Monica at a regular meeting of said Council held February 29th , 1940 ~~ and sworn to before me day of February, 1940. -2- , "., ~ , . . . . ~ . ' .. .. . .'. - . . . -: ACCEPTANCE OF GRANT OF EASEMENT :- The annexed Grant of Easement 1s hereby accepted this 29th day of February, 1940. CITY OF SANTA lliONICA, a municipal . Cl().rporation. ATTEST: co~~ex-offiCiO City Clerk, ex-officio ~lerk of the City Council of the City of Santa Monica. Approved as to form this .2~ day of February, 1940. STATE OF CALIFORNIA, ) ss COUNTY OF LOS ANGELES) . On this ..4 f ~ day of February, 1940, before me, the under- signed, a,notary public in and for the County of Los J~ge1es, State of California, residing therein, duly commissioned and sworn, person- ally appeared C. C. CRAWFORD, known to me to be Commissioner of Public Safety, ex-officio Mayor of the City of Santa Monica, a municipal corporation, whose name is subscribed to the foregoing Acceptance of Grant of Easement, and he acknowledged to me that he executed the same on behalf of said City of Santa Monica, pursuant to a Reso~tion duly adopted by the City Council of said City, and on said .:z 'i day of February, 1940, personally appeared before me, D. C. FREEMAN, known to me to be the Commissioner of Finance of the City of Santa Monica, and he acknowledged to me that he attested said Acceptance of Grant of Easement and affixed the seal of the City of Santa Monica thereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tbe day and year first hereinabove written. -~- - . - 'e . - . , .... " , OC-IS~'2. 4'. - ~ - ~y Chief Counsel 1929 . ttt!irmrut 11' O. 40000 d. 1rl1ts 3Jubtuturr made this 1st day of February, 1940 letween PACIFIC ELECTRIC RAILV/AY COMPANY, a California Corporation. party of the first part, ,nd CITY OF S.:JTTA TJIOlSICA, a municipal corporation of the State of California, party of the second part: .ttut!l!ittl1: That said party of the first part hereby grants to said party of the second part, ease- ment for highway 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 Ang e les , State of California, described as follows: Those portions of Lot 6 and of the northeasterly 30 feet of Lots 7 and 11, all in Block 1 of South Santa Monica, as shown on map recorded in Book 3, pages 86 and 87, of Miscellaneous Records of t~e County of Los ~~[eles, withiv a strip of land 100 feet wide lying 50 feet on each side of the following described center line: Beginning at a point in the center line of Bay Street (60 feet wide) as sho,vn on said map, which is northeasterly thereon 194.32 feet from the center line of Ocean Avenue (formerly Promenade, 60 feet vnde) as shovm on said map; thence northerly in a direct line to a point in the south-easterly prolongation of the center line of Ocean Avenue (80 feet wide) as shovm on map of Tract no. 1347, recorded in :Sook 18, Page 89, of T.fups, records of said county, said last mentioned point being southeasterly along said prolongation 29.94 feet from the center line of Pico Boulevard (formerly Fremont Avenue-80 feet wide) as shovm on said last mentioned map. 3xcepting therefrom that portion thereof lying northeasterly of the folloWing described line: Beginning at a point in the northwesterly line of said Lot 6 which is northeasterly thereon 24.51 feet from the most westerly corner of said last mentioned lot; thence southeasterly in a direct line to a point in the southeasterly line of said last mentioned lot vmich is northeasterly thereon 29.14 feet from the most southerly corner of said last mentioned lot. Said parcel of land above described being colored red on plat C::;::;:C 2190 hereto attached and made a part hereof. , " #~ . , .. , e ~ .~ . '. ~ . - ~ - , . TOGETHER with the right to enter upvn and to pass and repass over and along said strips of land and to deposit tools, implements and other material thereon by said party of the second part, 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 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 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 wi11not 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 suceessors and assigns shall be restored to its former estate in said premises, THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbranees which may affect the property and the word "grant'. as used herein, shall not be eonstnted as a eovenant against the existence of any thereof. IN "WITNESS vVHEREOF the parties hereto have caused respective corporate names and seals to be affixed hereunto and tbese presents executed by their respective officers thereunto duly authorized, the day and year first above written. By \-..... .........-/ Secretary. j;tate of <lLaltfnruta ~ llll. <!1l1uuty lIf IiOll i\ugell'll \ On this. ..l'f day 19____~ before me, _._a Notary Public in and for said County, personally appeared____ m..._._Q.!n.-l-l,.! __.91!f.I.w -----------------------~----------~---~------------ --~------~--------------------~ known to me to be the._.__m____...___nPresident, and...nn_n_.I..-,,___ A._ ..J.,QYg:J.,_J.,_n___n___n_ n_.___..___.______._..______n___n_____...._. known to me to be the_...nnnn_____n______.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, IInUf!l!i my hand and official seal the day and year in this certificate first above written. ~ ,. "' _n' _.~ ., ... , ~ . 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