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HomeMy WebLinkAbout1923-09-19 - Indenture PACIFIC ELECTRIC RR CO `L IS IRBBRTURE Made this 1914AW,,40t 390OZbOto 19,22* bo:tween � � IC RA t aorpo Lion organized and sx- PAO,X isting 'finder the laws of the State oCalifornia, party,-'vt the first part, and the City of Huntington Beach, County of. orange, a Municipal Oorparati4m,of the 14sta , of Callfbrnia, party of the second part: WITNE SAU: That saidparty of the first part hereby grants to said party of the second part, easement for storm, sower purposes and the right to construct, maintain and use said storm sewer across that part of the right of wary of said party of the first part in the City of Huntington Beach, County of orange, State of aali.rarnia, described as follows A strip of land three feet in width, being a portion of the strip of land of varying width situate in the City of Huntington Beaoh, =Cot ty of Crango Stato of California, described as '"First"` in Bead from• Runtington Beach Company to .dos t:n else, inter -trrban Railway Oompany, recorded on Page 460 in Book l 5 of Deeds, Orange County Records; said strap of laud three (3) feet in width lying one and five tf nths (I J ) toot on either side of the southeastarly prolongation; of the northeasterly line of Twenty- h.irai ..Rtrest an said street is shown on Map of Huntington Beach, i�;;, treat Section, on Page 10 in Book 4 of Miscellaneous Maps, orange County Records. Said strip of land three (3) feet in width being' more partio- ularly shown colored red on plat hersto. attachad and made a part hereof. TOGETHIM With the right to enter upon and to pass and repass over andd along said strip of land and to deposit tools, implements and other material thereon by said party of the second part', its officers, agents and employes and by, parsons under coutraot with it and their employee, whenever and wherever noossaary for the purpose 61 constructing, revonstrnoting, inspecting, maintaining, operating and repairing said storm, sewer. IT BEIN4 T..XPRESSLY understood and made a condition of this grunt that the right of the party of the first part, its suoeeesors or assigns to lay and maintain tracks over the portion of s4i property of which this grant is a part, and to operate its .apars ever said property shall be r000gnised as prior in time to this grant. IT IS MTM understood that said: sever orossing in to be constructed, of heavj corrugated iren pipe with riveted and as;eoldered Joint$, across the entire parcel and the party of the second past &groom to oonatruot, reasonstruct, Maintain and oporats, remove anal altar *sit *ewers in each manor that It will not in- torfore with the operation of said4p& fi'ret part, its euo6esaaorse or assigns., in waymv whatsoever, and that the looasction:. of $&It *swore and ail work In connoetion with construction. ro- a onsb taetion, maintenanoo.. operation, removal and alteration of Said WOVer eshal,l he done in as first class workmanlike mannor, N 0ONSIDIMATION of the foregoing grant, the pasty of the asoo.aut hart hereby agrees to iniounify sad save harmless the party of the first part, its sss<uooasserexe and assigns from any sad 911 d.` geae., claims tomands and liabilities whaattoover growing dir+s tls, or indirectly out of the construotion, r000netardotio , seeinte aso, c peretia3at or romoval, of said eowor , upon completion on of 1"' work in oonneot on with said sower, as much an possible it the earth ozeavateA from the trenches thoreforsahaall be thrown back into the trenches ,and the remainder shall be spread out evenly and smoothly over the ssurfaoe of the ground, and that all of saaid back filling shaal.l be thoroughly packed so that the ground will not oink or eac've in after said back filling is completed f" TAE QRg f hereby fade is upon the further condition bse- quont ,tbaat= the pr io s , orb etri. od shall at all times be used by the party of the s3000nd . t n��. u�'posaee and no-no other and if at any time such use shall be abandoned or dive- ebntinuod all rights and, privileges hereby granted shall forth- with *ease and determine and the partly of the first pat, its ssuc oos;s►storsa or assigns shall be restored, toles Po or estate in said promises, WITNESS WHEREOPO the parties hereto have vaused these. presents to be ezeoutod in dupl oat , and their reep6otive oor- POrats 00410 tO be affIX44 thereto* the day ant year first above written. PACIFIC BMTRIC RATUAT COMPAIRT11 'e 7G1 alTy OF NTINGTON BE-ACE c -),cc ;;a€r'lYt� LD A�xc�170R -FRANS KARR. 2 mates Gov n ��^.:,m,aa!aa-ormn.�c -�w9AS�MIMkM6 Fdb�- APP f Form G-43 52194---500-9-22 State of California, } SS. County of Los Angeles 11 ..da of . ................. in the year nineteen hundred and .......... 3..,., A.D. On this........... .. y before me, F. A. ALSPACH, a Notary Public in and for the said County of Los Angeles, State of California, residing therein, duly commissioned and sworn, personally appeared D. W. PONTIUS, known to me to be the Vice- resident,and L.A.LOVELL, known to me to be the Secretary of PACIFIC ELECTRIC COMPANY, the Corporation which executed the within and annexed instrument, nd acknowledged to me that.such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto 'get hand and affixed my official seal the day and year in this certificate first abbve written. 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