P-197 (2)
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. RECORDING REQUESTED J-
CITY OF SANTA MONICA BOOK D614 PAGE549
When Recorded Mail To:
City Clerk 3656 ~~ed ~/7? Cc-.G-V
1685 Main Street
Santa Monica, California ~~~~~~N1 5
THIS INDENTURE, made this Ilth day of' A"5U' ft ,
1959, by and between PACIFIC ELECTRIC RAILWAY COMPANY, a Calif-
ornia corporation, herein termed IlRai1roadll, and the CITY OF
SANTA MONICA, a municipal corporation, herein termed llGranteeU,
WITNESSETH:
l. Railroad f'or and in consideration of the faithful
performance by Grantee of' all of the terms, covenants and con-
ditions herein contained, hereby grants to Grantee the right to
construct, reconstruct, maintain and operate a strom drain,
..
~- hereinafter termed "structure", upon and across that certain
,.
parcel of land situate in the City of Santa Monica, County of
Los Angeles, State of California, and more particularly des-
cribed as follows:
A strip of land, 6 feet in width, situate in
the City of Santa Monica, County of Los Angeles,
State of California, being all that portion of that
certain 100-foot strip of land, described in deed
to the Los Angeles and Independence Railroad Company,
recorded on December 11, 1875 in Book 40, Page 282
of Deeds, in the office of the Recorder of' said
County, lying 3 feet on each side of a line parallel
with and 39.50 feet westerly, measured at right
angles, from the northwesterly prolongation of the
easterly line of Dorchester Avenue (60 feet Wide)
as shown on the map of Tract No. 7993, recorded in
, Book 98,.Page 89 of Maps, in the office of the
,>~:", Recorder of' said County.
The above described 6 foot strip of land is shown
colored yellow on plat CEK 3035, hereto attached and made a
part hereof.
_ 1 _! RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
52 ~~;t 10 A.M. SEP 25 1959
RAY.E. tEE, County Recorder.
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11/25/57 - Form C BOOK D614 fAGE550
2. This grant is mede subject end subordinate to the prior and
continuing right and obligation of Railroad, its successors and assigns,
to use all the property described herein in the performance of its duty
as 8. common carrier, [,nd for that purpose there is reserved unto Rail-
road,. its successors! cnd assigns, the right (consistent with the rights
herein granted) to construct, reconstruct, mainte.in and use existing
and future railroad trccks, facilities and appurten~nces and existing
end future transportation, communication 2nd pipe linG facilities and
appurtenances in, upon, over, under, across and along said property.
3. This grant is made subject to nIl licenses, leases, easements,
restrictions, conditions, covemmts, .(ncumbrances, liens and clRims of
title 1Jhich m2Y effect srid prop2rty Dnd the '\IIord GRANT DS used herein
shall not be construed as a covenant egainst the existence of eny
theroof.
4. The rights herein granted to Grantee shell lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) ysar from tho date first herein written.
5. Gr1Cntoo shell be8r the entire cost 2nd expense of construct-
ing, reconstructing 2nd mnintoining snid structure upon s~id property.
Grnntce egrees thct 1"11 work upon or in connection \'lith said structure
shpll be done 2t such times end in such m~nner 2S not to interfere in
eny wny \vh1>tsoevcr with tho operetions of Rrilrond. The plnns for and
the construction of snid structure shell bo subject to tho ppprovel of
RailroE\d.
Grente8 agreos to reimburse Railrord for the cost rnd expense
to Rnilroed of furnishing fny meteri21s or performing Rny Inbor in
connection with tho construction, reconstruction, maintenance rnd
removal of srid structure, including, but not limited to, the installa-
tion and removal of such felsework end other protection beneath or
Cllong Railroad's tracks, and the furnishing of such watchmen, flagmen
C'nd inspectors as Railroed deems necessary.
6. Grl'1nte8 agrees to reimburse R?ilrord for any I:'nd 1"11 Assess-
ment s which may be levied by order of eny author ized, Im.,rfu1 body
ege.inst the property of Railroed (end which may have been pn1d by
Rni1road) to defrey eny part of tho cost or oxpense incurred in
connection ~Tith the construction of seid structure upon said property
commenced within one (1) yerr from tho date first heroin written.
7. Gr8ntce, its ['gents f'nd employees, shall he.vo the priviloge
of entry on said property for the purpose of constructing, recon-
structing, maintaining ~nd making nocess~ry ropairs to snid structure.
Gr0ntee agrees to keep said proporty in ~ good tnd safe condition free
from waste, so fnr rs effected by Grnntoo's operations, to the s8tis-
faction of R~ilroad. If Gr8ntee fnils to keep scid proporty in a good
r.nd safe condition free from w~ste, then Rpilrond mpy perform the nec-
essary work at the expense of Grantee, which expense Granteo agrees
to pay to Railroad upon demand.
8. In the event rny work upon or in connection ,dth said struc-
ture or its appurtenances, to be dono upon or adjacent to thD tracks
and property of Railroad, should bo lot to a contractor by Grantee,
such work she,ll not be begun until such contractor shell hove first
enterod into an agreemont with tho Railroad Company which operates on
snid property, satisfe.ctory to snid Complmy l'nd indemnifying R.,ilroad
from and against all claims, liability, cost and expense growing out
of tho performance of tho work to be done by such contractor.
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9/10/57 - Form C
BOOK D614 rm551
Such contrrctor shEll furnish, et the option of end without
expense to Rcilrord, ~ relinble surety bond, in Qn rmount rnd in n
form srtisfrctory to srid Comprny, gurrenteeing tho frithful porform-
rnce of rll the terms, coven~nts rnd conditions contrinod in seid
rgrcoment, rnd n certified copy of n policy of Public Linbility pnd
Property Drmrge Insur?nce, within limits specified by, pnd in e form
srtisf<,ctory to, sdc1 Comppny, covering the contrectu~l lir-bility
rssumod by contr~ctor in seid 8greom~nt to be entered into with srid
Company by such contrnctor.
9. Should Grantee, its successors or rssigns, at any time
rbC'.ndon tho use of soid property or [',ny prrt thereof, or fril at IJny
timo to use tho snme for the purpose contemplated heroin for e con-
tinuous poriod of one (1) yapr, the right horeby givon shell corse
to tho extent of the usa so C'bandoncd or discontinuod, f'nd Rt3ilrotJd
shrll rt once hrvu tho right, in eddition to but not in quelificrtion
of tho rights horoinpbova reserved, to resume exclusive possossion of
srid property or the pert thereof tho use of which is so discontinued
or "bcndoncd.
Upon terminction of the rights and privileges hereby grDntod,
Grcntoe, Gt its o\n} cost nnd expense, Dgrecs to remove seid structure
from srid property [lnd restore said property ~s ncprly BS prncticcble
to the seme stpte end condition in which it oxisted prior to the
construction of sc:,id structure.' Should Grpntoc in such ovent fail,
neglect or refuse to remove seid structure rnd restore said property,
such removal nnd rostor~tion m~y bo performed by R~ilroF.d at tho
c~~enso of GrF'nteo, \lhich exponse Gr~ntoe agrees to pay to Railroad
upon domrnd.
10. This indonture sholl inure to tho benefit of and be binding
upon the successors and pssigns of, the pc-rtics hereto.
IN 1JHTNESS lIJHEREOF, tho p1:'rtios hereto h,wc c1:'used these
, presents to bo executed as of tho dcy and yoar first herein written.
CITY OF SANTA MONICA PACIFIC EIECTRIC RAILWAY COMPANY
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By: '7/7Z!;M~;~rt,'.'4" ' ./ By: . . , .. ,..,...... .:.-;'.
,C~ V1.e~ oenera- J;omag~r
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By: By: i?-.:cM..J "
Assistant'~tarY
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STATE OF CALIFORNIA, }
88.
County at Los Angeles
ON ' 19+, before me,
the undersigned, Notary Publio in and for said County and State, personally appeared
D _j; LEWIS , /mown to me to be the
General Manager
Vi ce President, fOri A. M. COLE ,known to me
to be the "!'l!':t 1 t: Secretary of
PACIFIC ELECTRIC RAILWAY COMPANY
the C01'Poration that executed the within Instrument, known to me to be the persof18 who
executed the within I1l8trument, on behalf of the Corporation herein named, a~ acknowledged -
to me that such Corp01"ation executed the within l1l8trument pursuant to its by-lf1W8 or a
resolution of Its board of directors, f' ..
IN WITNESS WHEREOF, i have hereunto set ~ Z a/fici. 'aZ seal. ~
'hI)~ CJ1
.ARREJ.!:N I.n CKl'!lotary Public in and for said County and State. en
. &1y Commhs\ol' Exp'ir?>:; Fr.hru"'fY 21, 19m
ACKNOWLEDGMENT - CORP. - PRES. 8: SEC.. L.A.Co. - FORM 223 - REV. 7-56 62431
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BOOK ')flJA i ;,U 553
CERTIFICATE
This is to certify that the ilLe rest in real
property conveyed by Easement Deed No. -2,97 (CCS)
dated August 11, 1959, from PACIF'IC lLECTRIC RAILWAY
COMPANY, a California corporation, t~ the \;ITY OF SANTA
MONICA, a political corporation andlOi::' governmental
agency, is hereby accepted by order of the (~ity Council
of the City of Santa Monica on August 25, 1959.
and the grantee consents to recordation thereof by its
duly authorized officer.
CITY OF SANTA MONICA,
a municipal corporation
by ~~%~)
Ac ng City Man er
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