HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1958-04-24 .F
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THIS INDENTURE, made this Z46 day off Aor"{l 1958,
by and between PACIFIC ELECTRIC RAILWAY COMPQiYg a California
corporation, herein termed "Railroad," and CITY OF RujUTINGTON
BEACH, a body politic and corporate, herein: termed "vrantea,"
W ITNESSETH:
1® Railro id for and in consideration of the faithful per•-
formance by Grantee of all of the terms, covenants and conditions
herein contained hereby grant; to Grantee the right to construct,
reconstruct, maintain and operate a 12-ixzch vitrified clay pipe
sanitary soj.;er line hereinafter termed. "Struc'ore" upon and across
that certain parcel of land situate in the City of Huntington. Beach,
County of Orange, Stat^ of California, and : escribed as follows,
to wit:
A strip of land, 5 feet in width, situate in
the City of Huntington Beach County of Orange,
State of California in Section 2,a Township 6
South, Fange ll West, S. B. B. & R. being that
portion of that certain 40 foot strip of lasad
described in deed to Pacific Electric Railway
Company recorded in Book 1653, Page 503 of
Officiai !lecords, in the office of Recorder of
said County lying 2,5 feet on each side of a line
parallel with and 4.00 feet northerly, measured at
right angles from the easterly prolongation of
the center line of Quincy Stre t (60 feet wide)
formerly Wesley Avenue, as per map of Tract Nov 12
as recorded in Book 9 Page 13 of Miscellaneous
Maps, in the office of said Recorder,
Sub eat to all conditions, covenants, easements,
restr cy. ons and reservatiraazs of record,
The above described 5 foot strip of land is shown colored
yellow on Plat C,E.X. 2954 hereto attached and made a part hereof®
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11i25/57 - Form C
P. This grant is mode Subject and suoordinete to the prior and
continuing right and obligation of Railroad, its successors and assigns,
to use all the property descri'_.ad herein in the performance of its duty
as o .,mmon carrier , and for tha''c purpose there is reserved unto Raii-
road , its successors rnd assigns, the right (consistent with the rights
herein granted) to construct, reconstruct, rnrintcin and use eyistirg
end future railroad tracks, facilities cnd a.ppurtonances and existing
rnd future 12ensporterion, communication end pipe line facilities and
^ppurtenences in, upon, over, under, across and along said property.
This vrpnt is mode subject to all licen.scs, 1e:asos, easements,
rc;strictions, conditions, covenants, encumbrances, liens and claims of
title Jhich mry affect said ~;ropc:.rty and the fiord GR.07T 03 used herein
s1,a31 not be construed rs a. covcncnt rgrinst the existence of my
thereof.
4. The rights herein grrnted to Grrnteo shc1l lrpsc and become
void if the construction of said structure upon said property is not
commenced within one (1) y_rr from tho date first herein written,
5. Grrntcj shrl.1 bcrr tho entire cost rnd expense of construct-
ing, reconstructing and mrintcining s,-id structure upon said property.
Grrntee agrees thrt rll work upon or in conrirction with said structure
shell be done Pt such times cnd in such manner rs not to interfere in
any w,-y whitsocvor with the oper.ctions of Railroad. 'ilia plrns for end
th, construction of srid structure s'.-:a11 be subject to the rpprovel of
Hvilrord.
Gr,,ntcc rgrcc:s to rLimbursc Railroad for the cost rnd expense
to Rcilrord of furnishing rmT mcterirls or performirg nny lrbor in
conn.:ct:.on with the construction, reconstruction, meintenence rnd
removal of srid structure, it^.lading, but not limited to, the installa-
tion and removal of such falsevork -nd other protection beneath or
along Railroad' s tricks, and the furnishing of such wp tchmen, flagmen
rnd inspectors as Plrilroed deems necessary.
In the event Railroad shell 2t eny time so rec+uiro , Grentec,
rt Grantc,cls expense, shr11 reconstruct or niter said structure or
make changes in the locrtion thereof' upon receipt of written notice
from Railroad so to do.
6. Grantuo agrcos o rci.mburs, Rrilrord for any end r11 assess-
m(,nts which may be lcvied by order of any authorized, lawful body
r.grinst the property of RcilroLd (,-nd which may have been prid by
kr.ilroed) to defray any pert of the cost or cr.ponsc: incurred in
connection with the construction of said structure aeon said property
commenced within one (1) year from the date first herein 'written.
7. Grentec, its rgcnts rnd emgloyccs, shill hrvc the privilege
of c,ntry on said property for the purpose of constructing, rceon-
structing, maintaining rnd m^king nocossary r,-D:� irs to said structure.
Grrnt,:v agrees to k -) said property in r good rnd safe coi,3ition free
from waste, so far ; , rffcr,tcd by C:xcntcc' s operrtions, zo the sctis-
faction of Rrilroad. If Grantee fails to k,.ep said property in it good
nd safe condition free from wrstc, then Rrili-rd may perform the nec-
essary work r'- the expensc of Grantee, whicn expense Grantee aUrcos
to pry, to Rriiroad upon demand.
8. In the event o ny work upon or in connection with said struc-
tui,c or its eppurtcnancus , to be done upon or a.djLccnt to the: tracks
and property of Rrilrord, should be lot to a contractor by Grentec,
such work sha.11 not be begun until such contractor shill hive first
untur d into on agroomont with the Railroad Company which operet:s on
sri3 property, satisfactory to said Cumpcny and indemnifying Reilro�^d.
from rnd against all claims, liability, cost rnd cxpense growing Out
of the performance of the work to be done by such c:ontrr-ctor.
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9/10/57 - Form C
Such contrrctor shill furnish, rt the option of and without
expense to Rcilroad, P reliable surety bond, in rn rmount rnd in a
form sctisfr,ctory to srid Cor!ppny, gurrpnteeing the fvith.ful perfor_m-
rnce of rli tho terms, covenants r n•'. conditions contained in srid
cgrccmont, end c certified copy of p. policy of Public Liability and
Property Dcmnge Insurrnce, tAt'_lin linits specified by, rnd in r form
srtisfectory to, srid Colnprny, coverir_g th1- contractual licbslity
Assumed by contrrctor in srid rgreeme:nt to be entered into with spid
Company by such contr,:ctor.
9. Should Grcntec , its successors or assigns, r` ny time
cbandon the; use, of srid prcporty or cny pert thereof, o. fail at any
ti o to use the same for the purposu contemplated heroin for r con-
tinuous period of one (1) ycrr, the right hcroby givcn shill ccrse
to the extcrt of the use so pbandoncd or discontinued, and Railrosd
shell ct once hrvc the, right, in addition to but not in qur.lia:iertion
of thu rights horoinrbovc; roSorvcd, to resume cxclusive possession of
srid property or the part thereof the use of :•rhich is so discontinued
or rbandonud.
Upon tcrmi.nrtion of the rights and privileges i-iercby grrnted,
Grantee, ,.t its own cost and )xpense, rgr,�es to remove srid sirtwctu e
from srid property and restorc spid property rs ncprly rs prccticablc
to the same strte rnd condition in which it c,>istcd 'priclr to the
construction of srid structure. Should Grcntoc in such ;;vent friJ_,
neglect or refuse to remove spid structure cnd restore srid property,
such removal and res-torction mpy be performcd by Rvilrord rt t'-!o
cxponse of Grpntco, which expense Grc.ntc,; rgro::s to pcy to Rp it-.'cad
upon dempnd.
STATE OF CALIFORNTA,
ss.
County of Los Angeles
0. April 25th _ 19--A,be}ore me, _
the undersigned, a Notary Public in and for saut County and State, personally appeared
A t f D. R. LEWT_S known to me to be the
ViCe President, and Gen•Mgr. & A. M. COLE known to me
m
to be the A 9 3 It. Secretor{, of
PACI4TC ELECTRIC RAILWAY COMPANY
x the Corporation that executed the within Instrument, known to me to be the persons who
f executed the within Instrument,or,behalf of the Corporation herein named,and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
i resolution of its beard of directors.
Ix NWTN-ass WFrym or,I have hereunto set any hand and a it d my official seal.
I.
ARRFEN LOCKL'
otary Public in and for said County and State. ,+
ACKNOWLEDGMENT—CORP.—PRES.&SEC.. L.A.Co.— FORM 223 —REV.7-35 my Commi,T,a-, (ao ,.-,r�ry 27. t4hY
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Mayor
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30' � �
UINCY. STREET 30' QUINCY
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60, - - 60-
30' (WE 5LEY AVE. ) sa rf�✓j STREET
M.M. 9, Pc. 13 ✓
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_ SCALE: 1"- 2 0' G MARCN/.9,/938