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HomeMy WebLinkAboutD-0233 ~ ... j 7 8 9 10 11 12 13 14 15 16 17 18 . .. ~.. ..- . [) - 2:33 1 2 3 4 5 RESOLU~IOll ITO. 750. .Ii. Rc;SOLUnOU Ol!' ~'R"'; CI~Y COUUCIL 01' ~llli CITY Qb' ARCADIA ACCEP~Il~G AlT ~3.cJ.:EN~ GRAIU:i:;D :i3Y ~'llli PAClj,'IC .sr.:.C..:RIC nAIL',jAY CO;lPAITY ~'O ~1U; CITY OF ARCADIA, il. ;.rrr.nCIPAL CORPO~iAnOlJ. TIill CITY COUlWIL OF ~E.; CHY OF ARCADIA DO R.l\SOLV'~ 6 AS POLLO,IS: / ~'hat that certain basement dated ~rovember 14th, 1934, executed by Pacific "';lectric ::ailway Company, a California cor- poration, granting to the City of Arcadia, a municipal corpora- tion , an easement for highway purposes across that portion of the right of way or property of said party of the first part in said City of ~rcadia, County of ~os ~geles, Dtate of California, and more particularly described in said Basement, be and the same is hereby accepted, by said City of i~cadia. The City Clerk shall certify to the adoption of this ~esolution. I hereby certify that the foregoing rtesolution was adopted at a regular meeting of the City Uouncil of the City of 19 ~rcadia, held on the 2nd 20 21 22 23 24 25 26 27 28 29 30 31 32 day of January, 1935, by the affir- mative vote of at least three councilmen, to-wit: AYBS: Councilmen, Corby, Dallels, Hoffman, Krebs and McLean. HO"";S: None. U:.iill'c: ~~~~ Ci Y Clerk i1Ild signed and approved this 2nd. day of January, 1935. c AT~EST: . ~~ - Cit~ Clerk. '~ ~ . Approved sa to form by Chief Counsel July 20, 1929 GjI"~__'F :; J _ ~ ' r U A-31S ~a~ement ~bi~ 3lnbenture made this 14th day of November, 19Y1- between PACIFIC ELECTRIC RAILWAY COMPANY, ,a California Corporation, party of the first part, and the OITY OF AROADIA, a Municipal Oorporation of the state of California party of the second part: ~ itne~~etb: That said party of the first part hereby grants to said party of the second part, ease- ment for highway purposes, heremafter termed system, across that part of the right of way or property of said party of the first part in the Oi ty of Arcadia State of California, described as follows: County of Los Angeles, . A strip of land gO feet in width situate in said City of Aroadia and being all that portion of that oertain strip of land 60 feet in width oonveyed by E.J.Baldwin to Paoifio Eleotrio Railway Oompany by deed reoorded on P~ge 292 in Book 1574 of Deeds, Reoords of said Oounty of Los Angeles, indluded between lines parallel with and 40 feet eaoh side of the northerly prolongation of the oenter line of Holly Avenue, as sa.id Holly Avenue is shown upon Map of Traot No. a!2g reoorded on Page 63 in Book 33 of Maps, Reoords of said Oounty of Los ~geles. fhe strip of land gO feet in width above described'being shown - colored red on plat O.E.I. 1921 hereto attaohed and made a part hereof. ~ , .. 6:'f' ~ '. -. -.r I j/ It- ~ .- 'TOGETHER with the right to enter upon and to pass and repass over and along said strips of land and o 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 CONSIDERA nON 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 lwith the operations of said party of the first part, its successors or assigns, and that the location of said syst;em 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 will not sink or cave in after said back,filling is completed. THE GRANT hereby made is upon the further condition subseque~ that the premises aforedescribed sh",1I 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 successors and assigns shall be restored to its former estate in said premises. THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may af- fect the propertyv'and the word "grant" as used herein, shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF the parties hereto have caused respective corporate names and seals to be affixed hereunto and these presents executed by their respective officers thereunto duly authorized, the day and year first above written. By____..... COMPANY, l SEAL President, SEAL f.\1'NGI,.ERK iltllte of ~lllifomill f... €ountp of 1[.0. angeles On this________....l!6tb..__.day Of________m.....!<?,!.~E.~.~.______....n...__.__..__............__..__........__....__.__..., 19.n.~ before me, - .....__.....__........____..__.....__.......__..__....__................____......t!..__~.!....~~.~l?!I_:~.._____.___________...__m......a Notary Public in and for said County , personally appeared________m.mm...___p..!....~..~__.;P.Q~'l'.I..t1.~.....__..____.______...__________....__.....__.__....__..__000...___..__.......__ known to !TIe to be the....................President, and..........L.....A.....L.O.1I.ELL....______...___....____.m..m.......mmm....000___.000000000000 known to me to be the.....................___..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. Mitnesll my hand and official seal the day and year in this certificate first above written. NOTARY P , '233 ~ ~ . ,. ... ""17" C'''' ~L~~ ~'" ...~ !\J!:~b .t, II.JI.,_ P. O. BOX 567 I ARCAD1A, CALIF. I I eil") ;..:': if:. I ["'.lEI '. 'U.J\ '.t J ,,'~~'f 1 yl , ./'- Oocument - s --I- - / PA~L~:tR aggk - - - .. ~<~L~ I:'IE,..,.....,.....""'~............ t...; .-. I"' ",",'V ~-\: (0 r.-: ~J 0 i..':lTln ".., AN 9 11-O..'.I-C"'..r :; J.. ,~,,5 ~ kYortK'~.::r= 11... r .Ii~, 1 .11 r', ,.....~brr~"'tr_ j,f" P......ST r.; \;~'() ~ 6h IHBOOJ( 13220 ..."<S/g!I._- AT PAGE ~08 e~~.y= OF OffiCIAL RECOROS,'il;netlft~. LOS ANGELES 00., CAL. ~Ci::,.n'ol_ eg~_,1 ",VeI.d..__ - . ...,......~. Count] RCL"i'der , certify that I .IV. _lIy tTlmrttlbod thl. docum~I.~y\~tloned IMiok. C1' ~ ~ ~ /99 . "., c.,..,AI.... r"if.... R.M~.,.L ^--..I' .... r.............. I" :"fa~ "'. -"J .....;-"['~.:: n.;: _, _. '_:..,. .. , ~ \/ ' I i -~ -/ ~ . (2- / / .-; I