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Home My WebLink AboutD-0305 -.-.... 1 2 3 4 5 6 7 8 9 10 11 12 . 13 z ~. O~Qi. wo(~a:: 14- "..1'='0 .~ a:"~_ :>. ~ to- III >- ~ 15 fI) ~.. . d5zZ::! ~3> 16 zo,o zl:alt: :)<C"z D 2 ~ 17 . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 602. " .==..../ ~ ...1 .. "-, - ), ,- THE CITY COUNCIL OF THE CITY OF ARCADIa DO RESOLVE AS Ii'OI,LO\18: I That that certain AGREEtlENT, dated February 11, 1930'1 between Pacific Electric Ra1looy Company, 8 California Cor:9orat1on~ the ~arty of the first part and City of Arcadia, a Lunici)al Cor- I I I Dor~t10n, the oarty of the second }urt, and heretofore executed by se1d Pacific Eleotric Rai1cray Oompany, be executed in the name of an<i on behalf of eaid City of Arcadia, Q l.1unici;)e,l Corpor'at10n, by Jobn ll, \1alshe, 11ayor and G. O. !leads, City Clerk thereof, resgectively, and BE IT FURTHER REBOL~, that said City Clerk cause said Agreement tIhen so executed, to be recorded in tha office of the CI)un'ty Recorder of the County of Los AnGeles, State of C0.11- fornil!l.. state of Cnlifornia, } County of Loe /lngeles, es. Ci ty ()f !irco.dia. "- I, G. G. Ueede, City Clerk of said City of Arcadia, do hereby certify that tile foregoing io a full, true and correct CO)y of Resolution No. 602 of said City of Arcadia, adopted by the City Council thereof at its regular meeting, held Ootober 15, 1930, and as the same a9pears of record and on file in my Office and that I hove carefully compared the seme tIith the Original, GITNESS my hand and the Senl of said City of Arce~iB , this 15th, day of October, 1930. ~~~- City Clerk of the City of Arcadia. . . 4. ... .~\ . THIS INDENTURE made this 11th day of 9-8- 761 1930 February' between PAOIFIC ELECTRIC RAILITAY COMPANY, a California Corporation, party of the first part, and the CITY OF AROADIA, a Municipal Corporation of the State of California, party of the second part: WITNESSETH: That first'party hereby grants to second party (subject to the conditions hereinafter contained) the right to con- struct and maintain a highway upon and across that certain parcel of land situated in the City of Arcadia, County of Los Angeles, State of California, in accordance with Decision #-211;)05 of the Railroad Oommission of the State of Oa1ifornia, and lying within the rai~road right of way of first party described as follows: All that portion of the strip of land 60 feet in width con- veyed by E, J. Baldwin to Pacific Electric Railwaj Oompany by deed recorde,l in Book 1574, pa.ge 292 of Deeds, Los Angeles County Records, included within a strip of land eo feet in width extending from the northerly to the southerly line of said 60 foot strip of land being 40 feet on each side of the northerly prolongation of the center line of Baldwin Avenue as shown on map of Tract #2828 recorded in Book 33 of Maps, Page 63, Los Angeles Oounty Reoords, 1~he parcel of land above described being shown colored red on plat CEB: 1690 hereto attached and made a part hereof. THIS grant is subject and subordinate to the priorand contin- uing right and obligation of first party ~nd its successors to use and maintain its entire railroad right of way and property in per- formance of its public duty as a common carrier, and is also subject to the right and power of first party and its successors in interest or ownership of the said railroad right of way and property, to construct, maintain, use and operate, on the present grade or such grade as it may establish in the future, existing or additional railroad tracks and appurtenances thereto, including water and fuel pipe lines and conduits, and telegraph, telephone, signal, power, transmission and other electric lines, and other railroad facilities and structures of any kind upon, along or across any or all parts of said land above described, all or any of Which may be freely done at any time or times by first party or its successors without liabili ty to second party or to anyone else for compensation or (' Form G-43 500-7-29 I State of California, }.. . c S~ , .' County of Los Angeles , . il On this.....,......9tb......day OLnn..h.Ap.r .............m....m...' in the year nineteen hundred and.....JO................, A.D. before me, F. A. ALSPACH. ~ Notary Public in and for the said County of Los Angeles, State ~f California, residing therein, duly commissioned and sworn, personally appeared D. W. PONTIUS, known to me to be the P;esident, and L. A. LOVELL, known to me to be the Secretary of PACIFIC ELECTRIC '.RAI-LWAY......... COMPANY, the Corporation which executed the within and annexed 'instrument, and acknowledged to me that such Corporation executed, the same. IN WITNESS WHEREOF, I have .hereunto set my hand and affixed my official seal the day and year in this certificate first above written. j Notary Public' . . <' .. damage, provided said highway shall not be interfered with ex- cept as necessary during work on said railroad and appurtenances. AND should second party at any time abandon 'the use of the land or any part thereof, or fail at any time to use the same for said purpose for a continuous period of one year, the right hereby given shall cease to the extent of the use so abandoned or discon- tinued, a~d first party shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to respme exclusive possession of the said land, or the part thereof the use of Which is so discontinued or abandoned. SECOND party shall maintain said highway and keep the same in good condition and repair on the premises hereinabove described as long as the same shall be maintained thereon, including the maintenance of any and all paving thereof, at its sole cost and expense, and in this behalf agrees to indemnify and save harmless first party against any abm all such cost or expense, excepting, however, the first party shall maintain said crossing between the rails of said tracks and for a distance of not more than two feet Outside the outside rails. THIS instrument is subject to all valid and existing contrac leases, liens or encumbrances ~hich may affect the said property and_ the word grant as used herein shall not be construed as a covenant against the existence of any thereof, IN WITNESS ~EREOF the parties thereto have caused their respective corporate names and seals to be affixed and these presents executed by their respective officers thereunto dul y authorized the day and year first above written. PACIFIC ELECTRIC RAILWAY ::~~.-,. ~CIT 0 ARCADIA COMPANY, President Secretary , ~ #87}~ ." ,,'~~le?/(i . . , t~ & II"" .~ ~tlt~ @~ IRJ 12(f/;1RJ@)/Jff?j .! II II II II II ~~fUM .$J~o 7f: IN., ~IJ # Mlf ~J~,~.l~,N. II II II II Ii . ~ II d~o II , -v @Ig)JfiJ~~o ~ ~~=~ ~ u ~, ~~c!lO ~ @.O# ~Of){J 7Jd,pfP.fiWJ~ . II If @IJ,Jtl@, oW' 'if' ~1r ~ ~WJ}IJ II If ! II II &l!i IXif II 117J!f/ffill{;, if IM~ g>b' .IDD ~ ulfllfjJ~71' INJ@ ~@~(g) tnJ.@. ~c -. 1l'fJ.&k~c~ , II~ II I fUll . 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