RECORDING REQUESTED BY: 12/ 07/ 201s
C eOit4gCh
iI . I1 11 I 1. I
WHEN RECORDED MAIL TO: 20181239869"
NAME C'C{, ts rptitilo c.
Rirv6b7s6,3,0
CITY, STATE and ZIP CODE
recittAiv 14\ 11W7q/
SPACE ABOVE THIS LINE RESERVED FOR RECORDER' S USE
TITLE(S)
Wra14 and
B015 rev 20160510
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Southern California Gas Company
8101 Rosemead Blvd., SC722K
Pico Rivera, California 90660- 5100
Attn.: Land& Right of Way
APN( s): 7520-001- 901
7520-001- 902
SPACE ABOVE THIS LINE FOR RECORDER' S USE
GAS FACILITIES EASEMENT
THIS GAS FACILITIES EASEMENT (this " Agreement") is dated August 14, 2018 ( the Effective Date") and is entered into by and between CITY OF REDONDO BEACH Grantor") and SOUTHERN CALIFORNIA GAS COMPANY, a California corporation Grantee"). Grantor and Grantee are sometimes referred to in this Agreement individually as a Party" and collectively as the " Parties".
RECITALS
A. Grantor owns that certain parcel of real property commonly described as the Redondo Beach Dog Park ( portions of Assessor' s Parcel Number 7520-001- 901 and 7520-001- 902) located at 200 North Fla g
l e r Lane, in the City of Redondo Beach, California 90278 and described in Exhibit A attached hereto and incorporated by this reference( the" Real Property").
B. Grantee has requested from Grantor, and Grantor has agreed to grant to Grantee and its employees, contractors, agents and representatives ( the " Grantee Parties"), the rights to use certain portions of the Real Property as more particularly described in Paragraph 1 below, subject to and on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grant ofEasement:
Grantor hereby grants to Grantee and the Grantee Parties the following rights to use the following portions of the Real Property for the following limited purposes, subject to and upon the terms and conditions set forth in this Agreement:
a) Exclusive right to use Parcel A (comprising approximately 5, 724 square feet), and non-exclusive right to use Parcel B ( comprising approximately 5, 276 square feet) to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications, electrical service and other appurtenances ( all hereinafter referred to as the Facilities") for the transportation of natural gas over, under, through, along, and for all other 1 R6900- 1018\ 2206210v 1. doc
purposes connected therewith, described in Exhibit B and depicted in Exhibit C, attached hereto and made a part hereof.
b) The right and obligation to make the improvements to Parcel A and Parcel B described in Exhibit D. Notwithstanding the forgoing, Grantee shall have the right to reconstruct, relocate, reconfigure and modify its Facilities, from time to time, as Grantee deems necessary within Parcel A as regulated by the California Public Utilities Commission (" PUC"). Any work not under the jurisdiction ofthe PUC shall be subject to approval by the Grantor. c) The non-exclusive right to use Parcel C ( comprising approximately 10, 120 square feet) for ingress and egress to and from Parcel A and Parcel B to access the Facilities, described in Exhibit B and depicted in Exhibit C.
d) The exclusive right to use a
temporary construction easement ( comprising an area
approximately 4,312. 5 square feet ) described on Exhibit E solely for the purpose of staging, laydown and parking related to the initial construction of facilities contemplated by this Agreement. Grantee shall provide temporary screened fencing for all project areas during the relocation project.
e) The non-exclusive right to use a
temporary construction easement ( comprising an
area approximatelyY 23, 500qsquare feet) described on Exhibit E solelyfor the purpose p of staging, g laydown and parking related to the initial construction of facilities contemplated by this Agreement.
Grantee shall provide temporary screened fencing for all project areas during the relocation project.
The foregoing rights are collectively referred to herein as the " Easement"; those portions of the Real Property described above are collectively referred to herein as the " Easement Area"; and the foregoing described uses are hereinafter collectively referred to as the " Permitted Purposes."
2. Term ofEasement:
The term of the easement as to the rights granted in Sections 1( a) - ( c) above shall commence on August 14, 2018 and expire on August 13, 2117. The term of the easement as to the rights granted in Section 1( d) above shall commence on the date specified herein and shall expire 18 months later. Upon the expiration or earlier termination ofthis Agreement, Grantee shall at its cost, remove its improvements and restore the portions of the Real Property on which they are located to substantially the condition they were in prior to installation of the improvements, and the applicable terms of Section 8 shall apply.
3. Easement Fee:
Within forty-five (45) days following Grantee' s receipt of the SCE' s Grant of the Additional Access Rights as provided in Section 5 below, Grantee shall pay to Grantor a onetime payment for credit to the City of Redondo Beach' s Open Space Acquisition Fund in the sum ofThree Hundred Fifty Thousand and No/ 100 Dollars ($350,000.00) ( the " Easement Fee").
4. Condition of Easement Area:
Grantee hereby accepts the Easement Area " as is" with all faults, without representation or warranty, express or implied, subject to all matters ofrecord and all matters visible or ascertainable 2 R6900- 1018\ 2206210v1. doc
from a diligent inspection.
5. Access to Easement Area:
Grantor holds an exclusive license over certain property owned by Southern California Edison (" SCE") adjacent to the Real Property ( the " SCE Property"). The effectiveness of this Agreement is conditioned upon SCE' s agreement to provide Grantee with access over and across the SCE Property for the term of this Easement via the routes identified as Parcel C and Parcel D, collectively, in Exhibit D (" Additional Access Rights"). Immediately upon execution of this Agreement, Grantor shall provide a letter of consent and/or such other documentation reasonably required by SCE for SCE to grant the Additional Access Rights to Grantee.
6. Use ofEasement Area:
a) Grantee shall use the Easement Area for the Permitted Purposes, as described in Paragraph 1 above. Grantee shall permanently enclose Grantee' s above-ground Facilities on Parcel A per obligations described in Exhibit D. Grantee shall have the right, but not the obligation, from time to time during the term of this Agreement, to erect a temporary
screened fence around all or any portion of Grantee' s Facilities on Parcel B. b) Grantee shall obtain any permits and approvals required by all federal, state, county or local governmental authorities ( each, a " Governmental Authority") in connection with the Permitted Purpose ( collectively, the " Permits and Approvals"). Grantee shall obtain any necessary permits from Grantor, including, but not limited to building and engineering permits not under the jurisdiction of the California Public Utilities Commission. Design of the facilities in Exhibit B that is not under the jurisdiction ofthe PUC is subject to approval by the City of Redondo Beach. At all times during the term of the Easement, Grantee shall conduct the Permitted Purpose in a manner that does not violate (i) the terms and conditions ofany Permits and Approvals, or( ii) any applicable federal, state or local laws, statutes, codes, ordinances, or regulations (collectively, Applicable Laws").
c) At all times during the term of the Easement, Grantee shall conduct ( and shall cause the Grantee Parties to conduct) all activities in respect of the Easement and the Easement Area in a manner designed to minimize any unreasonable interference with the activities ofGrantor in respect of the Real Property and with the use of the Real Property as a park. Grantee shall promptly repair any damage caused by Grantee to Grantor' s property to the reasonable satisfaction of the City Engineer.
d) Except in its operation as a natural gas utility, neither Grantee nor the Grantee Parties shall cause or authorize ( i) any activity to occur on the Easement Area that constitutes waste or public or private nuisance, (ii) any explosive or highly flammable substances or materials to be stored, released, generated, placed, handled or used within the Easement Area, iii) any trailers or recreational vehicles to be parked within the Easement Area, or (iv) any party to live or reside within the Easement Area. This Agreement has no bearing on whether or not Grantee must apply for and obtain a franchise from Grantor for Grantee' s facilities within Grantor' s City limits.
e) Grantee shall promptly discharge any liens arising from any work performed, material furnished, obligations incurred or any other thing done or permitted by Grantee and/or the Grantee Parties in respect of the Easement Area; provided that Grantee may 3 R6900- 1018\ 2206210v 1. doc
dispute any such lien so long as Grantee first posts a bond for such lien in the amount required under and otherwise in accordance with all Applicable Law. f) Grantee acknowledges that a former landfill existed at parts of the Real Property. Grantee shall be solely responsible for characterization and disposal ofany soil, waste or debris arising out of the construction of improvements related to this Agreement and ensuring that any disturbance of soil or former refuse at the site does not violate any Applicable Laws.
7. Maintenance.
Grantee shall perform the maintenance as set forth in Exhibit F and incorporated herein by reference as though fully set forth herein.
8. Default, Termination and Other Remedies
If a Party is in default under this Agreement, the other Party may seek injunctive relief, if applicable, without notice or opportunity for the Party in default to cure the default, except as expressly set forth herein.
If a Party defaults with respect to the payment of money, and the other Party gives the defaulting Party written notice of such default, and the defaulting Party fails to cure the default within ten ( 10) days after such notice is given, then the non-defaulting Party may terminate this Agreement by additional written notice.
If a Party defaults with respect to any obligation that does not require the payment of money, and the other Party gives the defaulting Party written notice of such default, and the defaulting Party fails to cure the default within thirty( 30) days after such notice is given, then the non-defaulting Party may terminate this Agreement by additional written notice.
If Grantee fails to comply with the maintenance obligations in Exhibit F, Paragraphs 1 through 3, then Grantor may elect: ( i) to cure Grantee' s failure, and Grantee shall then reimburse Grantor from time to time within ninety( 90) days after written demand from time to time( enclosing evidence of the applicable costs) for the costs incurred by Grantor in performing Grantee' s obligations. The foregoing obligations shall survive the expiration or earlier termination of this Agreement.
If Grantor terminates this Agreement in accordance with the foregoing, or if this Agreement expires, Grantee shall commence to remove its improvements and restore the portions of the Property on which they were located to substantially their condition prior to the installation of the improvements within ninety (90) business days after the termination, and after commencing removal/restoration, shall diligently prosecute such removal/restoration to completion ( subject to force majeure delays not including inadequacy of funds). If Grantee fails to do so, then Grantor may elect: (i) to cure Grantee' s failure, and Grantee shall then reimburse Grantor from time to time within ten ( 10) days after written demand from time to time (enclosing evidence of the applicable costs) for the costs incurred by Grantor in performing Grantee' s obligations; or (ii) to be paid the liquidated damages below until such period of time as Grantor elects in its sole and absolute discretion to cure Grantee' s default (in which case the reimbursement provisions of clause (i) shall apply, but Grantee shall also be obligated to pay the liquidated damages for the period prior to Grantor' s commencing to cure Grantee' s failure). The foregoing obligations shall survive the 4 R6900- 1018\ 2206210v 1. doc
expiration or earlier termination of this Agreement. IF GRANTEE FAILS TO COMPLY WITH
THE REMOVAL AND RESTORATION OBLIGATIONS, THEN DURING THE PERIOD OF
SUCH FAILURE (ENDING WHEN GRANTOR ELECTS TO CURE SUCH FAILURE),
GRANTOR WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR
THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. GRANTEE DESIRES TO LIMIT THE AMOUNT OF
DAMAGES FOR WHICH GRANTEE MIGHT BE LIABLE AND BOTH GRANTEE AND
GRANTOR WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD
RESULT IF GRANTOR FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR SUCH GRANTEE BREACH OF THIS AGREEMENT. CONSEQUENTLY, THE SUM OF $_ 100,000
PER THIRTY DAYS OF SUCH PERIOD OF FAILURE SHALL BE DEEMED TO
CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF GRANTOR' S DAMAGES
AND SHALL BE PAYABLE BY GRANTEE TO GRANTOR AS LIQUIDATED DAMAGES AS GRANTOR' S SOLE AND EXCLUSIVE DAMAGES REMEDY. GRANTOR AND
GRANTEE ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE
PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO GRANTOR PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671. THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
GRANTOR'S INITIALS GRANTEE'S INITIALS
Subject to any applicable notice and cure provisions above, the remedies of a nondefaulting Party shall be cumulative.
9. Grantor Reservations.
a) Grantor or its heirs, successors and assigns, agrees that, except for Grantor' s exercise of its rights and powers as a government entity, no change of grade of the Easement Area shall be made, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds ( except for Grantee' s Facilities), that nothing shall be done to impair Grantee' s vehicular access to or along Parcel E, and that nothing shall be done that violates or unreasonably or substantially interferes with rights granted to Grantee and the Grantee Parties in this Agreement Grantee' s use of the Easement Area. Provided, however, in the event that Grantor modifies the park design or layout at a future date, Grantor may relocate at its own cost the portion of the easement as to Parcel C for ingress and egress and provide alternate and equivalent access to Grantee.
b) Grantee shall have the right, but not the duty, to trim trees, brush or material from the Easement whenever Grantee deems it necessary. Grantee shall have the right, but not the duty, following consultation with and approval from Grantor, to remove roots and trees from the Easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as 5 R6900- 1018\2206210v1. doc
expiration or earlier termination of this Agreement. IF GRANTEE FAILS TO COMPLY WITH
THE REMOVAL AND RESTORATION OBLIGATIONS, THEN DURING THE PERIOD OF
SUCH FAILURE (ENDING WHEN GRANTOR ELECTS TO CURE SUCH FAILURE),
GRANTOR WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR
THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. GRANTEE DESIRES TO LIMIT THE AMOUNT OF
DAMAGES FOR WHICH GRANTEE MIGHT BE LIABLE AND BOTH GRANTEE AND
GRANTOR WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD
RESULT IF GRANTOR FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR SUCH GRANTEE BREACH OF THIS AGREEMENT. CONSEQUENTLY, THE SUM OF $_ 100x. 000
PER THIRTY DAYS OF SUCH PERIOD OF FAILURE SHALL BE DEEMED TO
CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF GRANTOR' S DAMAGES
AND SHALL BE PAYABLE BY GRANTEE TO GRANTOR AS LIQUIDATED DAMAGES AS GRANTOR' S SOLE AND EXCLUSIVE DAMAGES REMEDY. GRANTOR AND
GRANTEE ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE
PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369. BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO GRANTOR PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671. THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER.TERMINATION OF THIS AGREEMENT.
GRANTOR'S INITIALS GRANTEE'S INITIALS
Subject to any applicable notice and cure provisions above, the remedies of a nondefaulting Party shall be cumulative.
9. Grantor Reservations.
a) Grantor or its heirs, successors and assigns, agrees that, except for Grantor' s exercise of its rights and powers as a government entity, no change of grade of the Easement Area shall be made, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds ( except for Grantee' s Facilities), that nothing shall be done to impair Grantee' s vehicular access to or along Parcel E, and that nothing shall be done that violates or unreasonably or substantially interferes with rights granted to Grantee and the Grantee Parties in this Agreement Grantee' s use of the Easement Area. Provided, however, in the event that Grantor modifies the park design or layout at a future date, Grantor may relocate at its own cost the portion of the easement as to Parcel C for ingress and egress and provide alternate and equivalent access to Grantee.
b) Grantee shall have the right, but not the duty, to trim trees, brush or material from the Easement whenever Grantee deems it necessary. Grantee shall have the right, but not the duty, following consultation with and approval from Grantor, to remove roots and trees from the Easement whenever Grantee deems it necessary. Said right shallnot relieve Grantor of the duty as 5 R6900- 10 18\ 2206210v 1. doc,
owner to trim or remove trees, brush or material to prevent danger or hazard to property or persons.
Grantor shall have the right to enter the unenclosed portions of Parcel A to perform necessary landscaping and maintenance work in accordance with this section and Exhibit F. c) Excepting the enclosed above-ground facility within Parcel A, Grantor reserves the right to ( 1) use any surface or subsurface areas, provided such use does not violate or unreasonably or substantially interfere with the rights granted to Grantee and the Grantee Parties in this Agreement; ( 2) improve the Easement Area surface with landscaping( except trees and deeprooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance and comply with USA (" digalert") notification requirements pursuant to Government Code Sections 4216 and following. d) Grantor hereby reserves the right, during the term of this Agreement, to ( i) grant, transfer, sell, convey or otherwise dispose of all or any portion of the Real Property( each, a Disposition"), or ( ii) grant any easement, deed of trust, security instrument, lease, license, encumbrance or lien affecting all or any portion of the Real Property ( each, a " Grant"); provided, however, any such Disposition or Grant shall continue to be subject to the Easement and this Agreement and any person or entity having any fee, leasehold, financing or other interest in any portion of the Easement Area at any time or from time to time during the term hereof shall be bound to the terms, provisions and restrictions of this Agreement to the extent applicable to portion of the Easement Area.
10. Taxes:
Grantee shall not be responsible for payment of any taxes, including without limitation ad valorem taxes, levied or assessed with respect to the Easement Area, except for taxes levied or assessed on any personal property installed or placed within the Easement Area by Grantee or the Grantee Parties and any possessory interest taxes assessed to Grantee on the possessory interest and/or rights under this Agreement.
11. Insurance:
a) At all times during the term of the Easement, Grantee shall maintain in effect the following insurance coverages in amounts not less than the following minimum limits:
i) workers' compensation insurance and employer' s
liability insurance in accordance with
statutory requirements and limits,( ii) comprehensive general liability insurance with limits ofnot less than $ 1, 000,000 per occurrence and $ 2, 000,000 in the aggregate for bodily injury and property damage, and( iii) automobile liability insurance, with limits ofnot less than$ 1, 000,000 per occurrence and $2, 000,000 in the aggregate for bodily injury and property damage. Grantor shall be named as an additional insured as to such insurance. Grantor shall be provided with insurance certificates evidencing such insurance and shall be entitled to inspect copies of the policies upon request.
Such insurance shall not be canceled or modified without one-month prior notice to Grantor. b) Grantee may elect to self-insure all or any portion of the risks that would otherwise be covered by the insurance policies required to be carried by Grantee under Paragraph 11( a) above, in which case Grantee shall assume and pay from its assets the costs, expenses, damages, claims, losses and liabilities arising from such self-insured risks to the same extent that the insurance company or companies would have insured such risks under the insurance policies 6 R6900- 1018\ 2206210v 1. doc
required to be carried by Grantee under Paragraph 11( a) above. In the instances where Grantee' s self-insured retention is in excess of the required limits of liability under Paragraph 11( a), Grantee is self-insured and shall be solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Grantor that are covered by Grantee' s insurance policies or contemplated by this Lease. The provisions of Paragraph 11( c) below shall apply to any loss or damage covered by such self-insurance. c) Notwithstanding anything to the contrary contained herein, Grantor and Grantee hereby waive any rights each may have against the other on account ofany loss or damageg occasioned to Grantor or Grantee, their respective property, the Easement Area or the Real Property, arising from any risk to the extent covered by the insurance required hereunder. The parties each, on behalf of their respective insurance companies insuring the property of either Grantor or Grantee against any such loss, waive any right of subrogation that it may have against Grantor or Grantee, as the case may be. The foregoing waivers of subrogation shall be operative only so long as available without invalidating either Grantor' s or Grantee' s policy of insurance.
12. Indemnification:
a) Grantee hereby agrees to indemnify, defend and hold harmless Grantor from and against any and all third party claims, causes of action, lawsuits, damages, losses or expenses, including, without limitation, reasonable attorneys' fees (" Claims"), arising from or related to (i) Grantee' s or any Grantee Party' s actions at the Real Property; (ii) performance of the Permitted Purposes or exercise of the rights granted in this Agreement; ( iii) the negligence of Grantee or any Grantee Party; except to the extent caused by the sole negligence or willful act or omission of Grantor any of Grantor' s employees, contractors, agents, representatives or invitees each, a " Grantor Party"); ( iv) any violation ofany matter ofrecord arising out ofGrantee' s or any Grantee Party' s use of the Real Property; and (v) any violation ofany Applicable Laws by Grantee or any Grantee Party, including but not limited to any disturbance of waste by Grantee or any Grantee Party associated with the former landfill at the Real Property and disposal of any soil removed by Grantee or any Grantee Party from the Real Property.
Grantor hereby agrees to indemnify, defend and hold harmless Grantee and its officers, directors, employees, shareholders, partners and affiliates from and against any and all Claims arising from personal injury, death or property damage caused by( i) Grantor' s and/or any Grantor Party' s use, maintenance, presence on or occupation of the Real Property, and/or( ii) the negligence of Grantor or any Grantor Party; except to the extent caused by the sole negligence or willful act or omission ofGrantee or the Grantee Parties.
b) Notwithstanding anything to the contrary contained in this Agreement, neither Grantee nor Grantor shall be liable under any circumstances for, and each hereby releases the other from all liability for, consequential, punitive, exemplary or special damages and injury or damage to, or interference with, the other party' s business, loss of profits, loss of business opportunity, loss of goodwill or loss of use, in each case however occurring.
13. Notices:
a) All notices to be given under this Agreement shall be in writing, addressed to the recipient Party at the address listed in Paragraph 13( b) below, and:
7 R6900- 1018\ 2206210v 1. doc
i) Sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three ( 3) business days after deposit, postage prepaid in the United States mail; or
ii) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one ( 1) business day after deposit with such overnight courier; or
iii) Sent by email or similar means, provided that a
copy of the notice is
also sent by one of the methods set forth in Paragraphs 13( a)( i) or 13( a)( ii) above, in which case notice shall be deemed delivered on transmittal by email or other similar means provided that a transmission report is generated reflecting the accurate transmission of the notices. b) Each Party' s address for notices under this Agreement is set forth below:
i) If to Grantor:
CITY OF REDONDO BEACH
415 Diamond Street
Redondo Beach, CA 90277
Attention: City Engineer
Telephone: ( 310) 318- 0661
ii) Ifto Grantee:
SOUTHERN CALIFORNIA GAS COMPANY
8101 Rosemead Blvd., SC722K
Pico Rivera, CA 90660 Attention:
Land and Right ofWay Telephone:
213) 244-5628
With a copy to:
SOUTHERN CALIFORNIA GAS COMPANY
555 W. Fifth Street, 14th Floor Los
Angeles, CA 90013
Attention: Commercial Law Department
14. Assignment:
Subject to the provisions of Paragraph 9( c) above, Grantor may assign this Agreement at any time to any third party without the prior consent ofGrantee, and Grantor shall deliver written notice thereof to Grantee within ten ( 10) business days after the effective date of such assignment.
Grantee shall not assign this Agreement or permit third parties to use the Easement Area without the prior written consent of Grantor, in its sole and absolute discretion; provided, however, the foregoing shall not apply to an affiliate of Grantee or to a successor to all of the assets, rights and obligations of the Grantee, in which case such affiliate or successor shall be bound hereunder and by the terms of this Agreement in the same manner as Grantee. 8 R6900- 1O18\ 2206210v l. doc
15. Attorneys' Fees:
If either Party files any action or brings any proceeding against the other arising from or related to this Agreement, the Prevailing Party shall be entitled to recover from the other Party ( as an element of its costs of suit and not as damages) reasonable s feesboth including inhouse and outside attorneys' fees), costs and expenses incurred bythe PrevailingPartyin such action or proceeding ( including any appeals). For the purposes of this Paragraph 15 the term Prevailing Party" shall mean the Party that is entitled to recover its costs of suit for theroceedin p g, whether or not the same proceeds to final judgment. The Party not entitled to recover its costs shall not recover any attorneys' fees, costs or expenses.
16. Time ofCompletion of Improvements:
Grantor shall complete the improvements referenced in Exhibit D hereto within 18 months after the Effective Date of this Agreement and the approval of the Additional Access Rights g by SCE. Except as may be otherwise provided herein, performance by any pYart hereunder shall not be deemed to be in default, and all performance and other dates specified p in this Agreement eeme shall be extended, where the party seeking the extension has acted diligently g Y and delaysY or defaults are due to events beyond the reasonable control of the party( financial inability excepted) p ) such as but not limited to war; insurrection; acts ofterrorism; riots; floods; earthquakes; fires; casualties; acts of nature; epidemics; quarantine restrictions; freight g embargoes; g lack of transportation; governmental restrictions; litigation that directly prevents performance; weather; and other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform that are not excluded above ( collectively, "Enforced Delays"); provided however, that the party claiming the extension notify the other party in writing ofthe nature ofthe matter constituting the Enforced Delay within thirty (30) days after the party claiming the extension has notice of the occurrence ofthe Enforced Delay. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of time reasonable in light of the Enforced Delay and shall commence to run from the time of the commencement of the cause.
17. Time of the Essence:
Time is of the essence of each and all of the terms and provisions ofthis Agreement.
18. Governing Law and Venue:
a) This Agreement shall be governed by and construed in accordance with the laws ofthe State ofCalifornia, without giving effect to its conflicts of lawrinci p ples. b) The Parties hereby agree that any legal action or proceeding arising out of this Agreement shall be brought in a state court of competent jurisdiction in Los Angeles, California. By execution and delivery of this Agreement, each of the Parties herebyirrevocablyY accepts and submits to the jurisdiction of such courts, generally and unconditionally, in connection with any such legal action or proceeding.
9 R6900- l 018\2206210v 1. doc
19. Severability:
If any part, paragraph or provision of this Agreement should be invalid, then all the remaining parts, paragraphs and provisions of this Agreement shall continue in full force and effect.
20. Rules of Construction:
a) Headings contained in this Agreement are solely for the convenience of the Parties and are not a part of and shall not be used to interpret this Agreement. The singular form of any word shall include the plural form and vice versa.
b) This Agreement has been prepared, examined, negotiated and revised by each Party and its counsel, and no implication shall be drawn and no provision shall be construed against any Party hereto by virtue of the purported identity ofthe drafter of this Agreement.
21. Entire Agreement; Amendment:
This Agreement contains the entire agreement of the Parties with respect to the Easement and the other matters set forth in this Agreement and supersedes all prior agreements, oral or written, between the Parties with respect to the Easement and/or any other matters set forth in this Agreement. This Agreement may not be amended except by a written instrument signed by all Parties.
22. Execution and Binding Authority.
Each person executing this Agreement represents, warrants and covenants that he/ she has the full right and authority to enter into this Agreement on behalf of the Party on whose behalf such execution is made and to bind fully said Party to the terms and obligations ofthis Agreement.
23. Runs with Land. This Agreement shall bind the Easement Area, Grantor and Grantee and their successors, assigns and successors- in-interest.
SIGNATURES ON THE FOLLOWING PAGE]
10 R6900- 1018\ 2206210v 1. doc
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the Effective Date.
GRANTOR: GRANTEE:
CITY OF REDONDO BEACH SOUTHERN CALIFORNIA GAS
COMPANY,
a California corporation
C:1
1- By:
Name: \ Atti Lk,%A,r C, ga_p.to Name:
Title: Z Title:
APPROVED AS TO FORM:
7,1414. ori
Michael W. Webb, City Attorney
ATTEST:
it 4/
Eleanor Manzano, City Cle
11 R6900- 1018\ 2206210v 1. doc
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the Effective Date.
GRANTOR: GRANTEE:
CITY OF REDONDO BEACH SOUTHERN CALIFORNIA GAS
COMPANY,
a California corporation
By: By: A ( LA) 1110 LName: Name: Ain • A
Title: Title: t--srmAd LSe c• 5
tilatztt e-r
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
ATTEST:
Eleanor Manzano, City Clerk
II
86900- 1018\ 2206210v1. doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
i
County of S
On t rqi I i
before me, r 1 T-r- r Yl I A Allikk I, •. ,
Date Here Insert N me and Titl- of the • er
personally appeared hOYY\ C0' e
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name is e sub cribed to the within instrument and acknowledged to me that he/ s / th executed the same in his/ h r/t it authorized capacity s), and that by his/ h(/ eir signature( on he in trument the person(s or the ntit upon behalf of which a person acted, exe ted the instr ment.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
iiiiik JENNIFER ANN IGERCIC
COMM. X2189851 9
WITNESS my hand and official seal.
0 ,, NOTARY PUBLIC- CALIFORNIA
LOS ANGELES COUNTY r
v.
Apryil,
v021vK
Signature dri",% a d re of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 3rin4.
Document Date: Number of Pages: 11
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer' s Name: tAfIIII Ion ( % Sig - r' s Name:
Corporate Officer — Title(s): Corp• . te Officer — Title(s):
P. rtner — Limited General Partner Limited General
Individual Attorney in Fact El Individual Attorney in Fact Trustee Guardian or Conservator Trustee h uardian or Conservator Other: Other:
Signer Is Representing: CI Qc- riea NNOilar3 Signer Is Representing:
o
L. .,:: ,•.•..•,•,_. •.: _ • ,_` • •._ r• " • - , :, :• y q 4.:,. •..:•
2016 National Notary Association • www.NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) It- # 5907 A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
State of California
County of Los Angeles
On toS 13"/ jDt before me, fVbVL 0 DA-6V((
insert nam nd titleof the officer)
Notary Public, personally appeared INIMYe V\ 1 1 - 0mQ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature g Seal)
MEGAN REGOLI
i Notary Public- California
z
t.
Los Angeles County
2 14/ Commission# 2166995
M1 Comm. Ex fires Oct 7, 2020
13 86900- 1018\2206210v 1. doc
EXHIBIT A
Property Description
Exhibit A
R6900- 1018\ 2125478v5.doc
EXHIBIT "A"
All that certain real property situated in the County of Los Angeles, State of California, described as follows:
That portion of the 1028.61 acre parcel of land allotted to Maria de los Reyes Dominguez in the partition of part of the Rancho San Pedro, in the City of Redondo Beach, County of Los Angeles, State of California, as shown on map filed in Case No. 3284 of the Superior Court of the State of California, more particularly described in that certain deed recorded July 16, 1914 as Instrument No. 102 in Book 5846 Page 232 of Deeds, and furthermore lying within Assessor' s Parcel No. 7520-001- 901 and 902.
EXHIBIT B
Legal
Parcel A—Exclusive Valve Station easement
Parcel B— Pipeline easement
Parcel C— Access Roads
1 R6900- 1018\ 2125478v5. doc
1 of 4
EXHIBIT " B"
LEGAL DESCRIPTION
SOUTHERN CALIFORNIA GAS COMPANY EASEMENT
APN:7520- 001- 801, 7520- 001- 901, 7520- 001- 902)
THREE( 3) PARCELS LOCATED IN THAT PORTION OF RANCHO SAN PEDRO IN THE CITY
OF REDONDO BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A( EXCLUSIVE RIGHTS EASEMENT)
COMMENCING AT THE CENTERLINE INTERSECTION OF BLOSSOM STREET AND 190TH STREET AS SHOWN ON TRACT MAP 29156 FILED IN BOOK 798, PAGES 10 AND 11 OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTERLINE OF 190TH STREET SOUTH 89° 56' 33" WEST 279.01 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 00° 09' 48" EAST 50.00 FEET TO A POINT KNOWN TO BE POINT" A" FOR FUTURE REFERENCE; THENCE CONTINUING ALONG SAID LINE SOUTH 00° 09' 48" EAST 113. 27 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 10° 53' 58" EAST 100.00 FEET TO THE NORTHRELY LINE OF AN EDISON EASEMENT RECORDED JUNE 6, 1966 AS GRANT DEED NUMBER 431, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY AS SHOWN ON ASSESSOR' S MAP BOOK 7520 PAGE 1 KNOWN TO BE POINT" B" FOR FUTURE REFERENCE; THENCE ALONG SAID NORTHERLY LINE NORTH 72° 50' 24" WEST 53. 26 FEET TO A LINE PARALLEL WITH AND 47.00 FEET WESTERLY OF SAID PREVIOUSLY STATED COURSE WHICH BEARS SOUTH 10° 53' 58" EAST; THENCE ALONG SAID PARALLEL LINE NORTH 10° 53' 58" WEST
24.68 FEET; THENCE SOUTH 79° 05' 57" WEST 13. 00 FEET TO A LINE PARALLEL WITH AND 60.00 FEET WESTERLY OF PREVIOUSLY STATED COURSE WHICH BEARS SOUTH 10° 53' 58" EAST; THENCE ALONG SAID PARALLEL LINE NORTH 10° 53' 58" WEST 82.25 FEET; THENCE SOUTH 72° 50' 24" EAST 67.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 5724 SQ. FT. OR 0. 131 ACRES, MORE OR LESS.
PARCEL B( NONEXCLUSIVE EASEMENT)
BEGINNING AT THE AFORMENTIONED POINT" A" REFERENCED IN PARCEL A; THENCE SOUTH 00° 09' 48" EAST 113. 27 FEET; THENCE NORTH 72° 50' 24" WEST 52.38 FEET TO A LINE PARALLEL WITH AND 50.00 FEET WESTERLY OF PREVIOUSLY STATED COURSE WHICH BEARS SOUTH 00° 09' 48" EAST; THENCE ALONG SAID PARALLEL LINE NORTH 00° 09' 48" WEST 97. 77 FEET TO A LINE 50 SOUTHERLY AND PARALELL TO THE CENTERLINE OF 190TH STREET; THENCE ALONG SAID LINE NORTH 89° 56' 33" EAST 50.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 5, 276 SQ. FT. OR 0. 121 ACRES, MORE OR LESS. 2 of 4
PARCEL C (ACCESS EASEMENT)
BEGINNING AT THE AFORMENTIONED POINT" B" REFERENCED IN PARCEL A; THENCE SOUTH 72° 50'2" EAST, 17. 51 FEET; THENCE SOUTH 6° 49'26" EAST, 21. 89 FEET; THENCE NORTH 72° 50'22" WEST, 60. 85 FEET; THENCE SOUTH 20° 39'30" WEST, 94.98 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 57' 12" AN ARC DISTANCE OF 56.45 FEET; THENCE SOUTH 47° 36'42" WEST, 7. 55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 45. 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 26' 15" AN ARC DISTANCE OF
26.26; THENCE SOUTH 81° 02'57" WEST, 57. 15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5. 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 54' 58" AN ARC DISTANCE OF 4.36; THENCE SOUTH 31° 07'59" WEST, 30.04 FEET TO THE SOUTHERLY LINE OF AN EDISON EASEMENT RECORDED JUNE 6, 1966 AS GRANT DEED NUMBER 431, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 31° 07'59" WEST, 15. 21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50° 39' 56" AN ARC DISTANCE OF 44.21 FEET; THENCE SOUTH 19° 31' 57" EAST, 55. 57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51° 36'21" AN ARC DISTANCE OF
99.08 FEET; THENCE SOUTH 32° 04'24" WEST, 71. 99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100. 00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63° 46'05" AN ARC DISTANCE OF 111. 30 FEET; THENCE NORTH 84° 09'36" WEST, 8. 36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 120. 00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 15' 11" AN ARC DISTANCE OF 98. 97 FEET; THENCE SOUTH 48° 35' 13" WEST, 95. 91 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
35. 00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81° 35' 00" AN ARC DISTANCE OF 49. 84 FEET; THENCE NORTH 49°49'47" WEST, 39.52 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 35. 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 08' 18" AN ARC DISTANCE OF 24.52 FEET; THENCE NORTH 9° 41' 29" WEST, 179.97 FEET; THENCE SOUTH 80° 18' 31" WEST, 6. 17 FEET; THENCE NORTH 9° 41' 29" WEST, 10. 00 FEET; THENCE NORTH 80° 18' 31" EAST, 16. 17 FEET; THENCE SOUTH 9° 41' 29" EAST, 189.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25. 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 08' 18" AN ARC DISTANCE OF
17. 51 FEET; THENCE SOUTH 49° 49'47" EAST, 39. 52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 25. 00 FEET; THENCE 3 of 4
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81° 35' 00" AN ARC DISTANCE OF 35. 60 FEET; THENCE NORTH 48° 35' 13" EAST, 95. 91 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 130. 00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 15' 11" AN ARC DISTANCE OF 107.21 FEET; THENCE SOUTH 84° 09'36" EAST, 8. 36
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 90.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63° 46'00" AN ARC DISTANCE OF 100. 16 FEET; THENCE NORTH 32° 04'24" EAST, 71. 99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 100. 00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51° 36'21" AN ARC DISTANCE OF
90.07 FEET; THENCE NORTH 19° 31' 57" WEST, 73. 24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50° 39' 56" AN ARC DISTANCE OF 44.21 FEET; THENCE NORTH 31° 07'59" EAST, 6.77 FEET TO THE SOUTHERLY LINE OF AN EDISON EASEMENT RECORDED JUNE 6, 1966 AS GRANT DEED NUMBER 431, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 31° 07'59" EAST, 35. 02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 54' 58" AN ARC DISTANCE OF 21. 78 FEET; THENCE NORTH 81° 02'57" EAST, 57. 15 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 26' 15" AN ARC DISTANCE OF 14.59 FEET; THENCE NORTH 47°36'42" EAST,
7.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 57' 12" AN ARC DISTANCE OF 47.04 FEET; THENCE NORTH 20° 39'30" EAST, 93. 76 FEET; THENCE NORTH 72° 50'22" WEST, 148. 36 FEET; THENCE NORTH 64° 30'41" WEST, 40. 50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 35. 00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 34'58" AN ARC DISTANCE OF 29.07 FEET; THENCE SOUTH 67° 54'21" WEST, 130. 39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 15. 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52° 37'35" AN ARC DISTANCE OF 13. 78 FEET; THENCE SOUTH 27° 00'27" WEST, 58. 03 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
84. 92 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 105° 54'38" AN ARC DISTANCE OF 156. 97 FEET; THENCE NORTH 47° 09' 10" WEST, 17.22
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 79.50 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 13' 44" AN ARC DISTANCE OF 97.45 FEET; THENCE SOUTH 62° 37'06" WEST, 10. 08 FEET TO THE SOUTHERLY LINE OF AN EDISON EASEMENT RECORDED JUNE 6, 1966 AS GRANT DEED NUMBER 431, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 62° 37'06" WEST, 33. 54 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4 of 4
24.43 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 22' 59" AN ARC DISTANCE OF 25. 75 FEET; THENCE NORTH 33° 00'06" EAST, 10. 00 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 14.43 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 33° 00'06" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 23' 01" AN ARC DISTANCE OF 15. 21 FEET; THENCE NORTH 62° 37'06" EAST, 23. 38 FEET THE SOUTHERLY LINE OF AN EDISON EASEMENT RECORDED JUNE 6, 1966 AS GRANT DEED NUMBER 431, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 62° 37'06" EAST, 20.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 89. 50 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 13' 43" AN ARC DISTANCE OF 109. 71 FEET; THENCE SOUTH 47° 09' 10" EAST, 17.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 75. 00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 117° 34' 03" AN ARC DISTANCE OF 153. 90 FEET; THENCE NORTH 15° 16'47" EAST, 39.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 35. 00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52° 37'35" AN ARC DISTANCE OF 32. 15 FEET; THENCE NORTH 67° 54'21" EAST, 130. 39 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 55. 00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 34'58" AN ARC DISTANCE OF 45. 68 FEET; THENCE SOUTH 64° 30'32" EAST, 39.04 FEET; THENCE SOUTH 72° 50'24" EAST, 201. 38 FEET TO THE POINT OF BEGINNING.
EXCEPTING ANY PORTION OF THE PREVIOUSLY DESCRIBED AREA THAT LIE WITHIN ACCESSOR PARCEL NUMBER 7520- 001- 801
CONTAINING 10, 120 SQ. FT. OR 0.232 ACRES, MORE OR LESS.
AND AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT" C" AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 08/ 07/ 2018
AARON M HAVENS, P. L.S. 8786 DATE
LICENSE EXPIRES 12/ 31/ 2018
van) 4
AARON ` CHELL
tiAVENS
878,6
Of CO .5,
EXHIBIT C
fiat
2 R6900- 1018\2125478v5.doc
MPAGE1 OF 4
I APN: 7520- 009- 027 TRACT NO. 53318
POC M. B. 12 72/ 3- 4
ei
CL INTERSECTION OF
BLOSSOM ST. AND 190TH ST----"-----------
PERPER TRACT MAP 29156 BK
798 PG' S 10 & 11
Q... BLOSSOM LANE
c... BERYL STREET
INDICATES SOUTHERN CALIFORNIA GAS
T —
COMPANY EASEM EN
w PARCEL A: 5724 SQ. FT. OR 0. 131 ACRES)
LLi N PARCEL B: 5276 SQ. FT. OR 0. 121 ACRES)
ccoo
N
C: 10120 S . FT
L
PARCEL Q OR 0. 232 ACRES)
w
I APN: 7520- 001- 007
I 0
o TRACT NO. 29516 c3)
1 M. B. 798/ 10- 11 0
p) NORTHERLY UNE OF
1)
NG EASEMENT
o o
gCHO1
DEDICATED IN GRANT
5) 1\N: 1
7520-
DEED NO. 431 JUNE A NDO BEA
6, 1966
POINT A' RED 0
coDOG ARK
PPOINT 'S' L12
P.O.B. J
L2 11 L1
CLUSTER LANE o
o ,
Y,,.,-- ..,
L o
q
o oco
Lc)
Lop
0 N " o 14 0•
S00 09' 48 E L9 ------- -------- ---
1 r43' 50. 00 L6 8
RC1
PARCEL A
1 L
PARCEL B 2000' Q
t,'
61/ 4/
N 50.00'_ SAN PASCUAL RANCHOr
ii BOOK 1/ 19- 20
C - 1SURVEYED BY
HENRY HANCOCK APN: 7520- 001- 801
PARCEL C v SOUTHERN
CALIFORNIA EDI SON
1 P-c3 I
5\4--
s
EXHIBIT "C" SCALE: 1"= 80'
DATE: 08/ 07/ 18
SOUTHERN CALIFORNIA GAS COMPANY PREPARED BY: AHM
PLAT TO ACCOMPANY LEGAL DESCRIPTION W• R•#:
CITY OF REDONDO BEAC , COUNTY • F LOS ANGELES, STATE OF CALIFORNIA ACT. #:
PREPARED BY: ij. f PROFESSIONAL
Y: VvE"N AARON
t
P. L. S. 8786 SURVEYOR
A.
FILE:
P. N.. 7520
2018-
001-
1039
PAGE 2 OF 4
APN: 7520- 001- 801
SOUTHERN
CALIFORNIA EDISON ,`,` F TRACT NO. 29516
c, L15
M. B. 798/ 10- 11
L16
L37
I \(-
C3
017 L17 05
L36 L18
9 C1-
2"
NE C16 C4
CCN \- s1 L35 X33
o0
M SNE C15 j2 ,\ o.
SE L34
CZ:\ C)
DUSTING
EA
A(5'
t \ P. DEDICATED IN GRANT 0
s, sss 5NN‘--
1 FC20
N07-)
C27
s ` \
PARCEL C (% tA
c).\ \
k\
JI APN: 7520- 001- 902 KJ,.
0 e
ia.00, REDONDO BEACH
DOG PARK 4V m
1) ,) U
U
L29
42 u/ / v X28__ _ `'
UI Iv L27
1 L44
X24
L48 i
L26
L25
eh L45
PARCEL C
C24 ' v
L46
EXHIBIT "C" SCALE: 1"= 100'
DATE: 08/ 07/ 18
SOUTHERN CALIFORNIA GAS COMPANY PREPARED BY: AHM
PLAT TO ACCOMPANY LEGAL DESCRIPTION W. R.#:
CITY OF REDONDO BEAC COUNTY 0 LOS ANGELES, STATE OF CALIFORNIA ACT. #:
PREPARED BY: I- t
rim,' PROFESSIONAL A.P. N.: 7520- 001- 902
AARON H A ENS L. S. 8786 LAND SURVEYOR FILE: 2018- 103
PAGE 3 OF 4
Parcel Table Parcel Table
Line Line
Curve Length Direction/ Delta Radius Curve Length Direction/ Delta Radius C1 56.45' 26' 57' 12" 120.00' C26 153.90' 117' 34' 03" 75.00' C2 26.26' 33'26' 15" 45.00' C27 32. 15' 52' 37' 35" 35.00' C3 4.36' 49' 54' 58" 5.00' C28 45.68' 47' 34' 58" 55.00' C4 44.21' 50' 39' 56" 50.00' L1 113.27' S00' 09' 48" E
C5 99. 07' 51' 35' 56" 110.01' L2 100.00' S10' 53' 58" E C6 111. 30' 63' 46' 05" 100.00' L3 53.26' N72' 50' 24"W C7 98.97' 47' 15' 11" 120.00' L4 24.68' N 10' 53' 58"W
C8 49. 84' 81' 35' 00" 35.00' L5 13. 00' S79' 05' 57"W
C9 24.52' 40'08' 18" 35.00' L6 82.25' N 10' 53' 54"W
C10 17. 51' 40' 08' 18" 25.00' L7 67.99' S72' 50' 24"E
C11 35.60' 81' 35' 00" 25.00' L8 52.38' N72' 50' 24"W
C12 107. 21' 47' 15' 11" 130.00' L9 97.77' N00' 09' 42" W C13 100. 16' 63' 46' 00" 90.00' L10 50.00' N89' 56' 33" E C14 90.07' 51' 36' 21" 100.00' L11 17. 51' S7250' 24"E
C15 44.21' 50' 39' 56" 50.00' L12 21. 89' S06' 49' 26" E C16 21. 78' 49' 54' 58" 25.00' L13 60.85' N72' 50' 22"W C17 14.59 33' 26' 15" 25.00' L14 94.98' S20' 39' 30"W
C18 47.04' 26' 57' 12" 100.00' L15 7.55' S47' 36' 42"W
C19 29. 07' 47' 34' 58" 35.00' L16 57. 15' S81' 02' 57"W C20 13.78' 52' 37' 35" 15.00' L17 30.04' S31' 07' 59" W C21 156.97' 105' 54' 38" 84.92' L18 15. 21' S31' 07' 59" W C22 97.45' 70' 13' 44" 79. 50' L19 55.57' S19' 31' 57" E C23 25.75' 60' 22' 59" 24.43' 120 71. 99' S32' 04' 24"W C24 15. 21' 60' 23' 01" 14.43' L21 8.36' N84' 09' 36"W
C25 109.71' 70' 13' 43" 89.50' L22 95.91' S48' 35' 13" W EXHIBIT "(" SCALE: NTS
DATE: 08/ 07/ 18
SOUTHERN CALIFORNIA GAS COMPANY PREPARED BY: AHM
PLAT TO ACCOMPANY LEGAL DESCRIPTION W. R.#:
CITY OF REDONDO BEACH COUNTY 0; LOS ANGELES, STATE OF CALIFORNIA ACT. #:
PREPARED BY.
A,,,,,,..- '
TPA"' 7.": ik PROFESSIONAL A. P. N...
AARON HA ENS P. L. S. 8786 LAND SURVEYOR FILE: 2018 103 PAGE 4 OF 4
Parcel Table Parcel Table
Line Line
Curve Length Direction/ Delta Radius Curve Length 9 Direction Delta Radius L23 39. 52' N49' 49' 47"W L48 20.24' N62' 37' 06" E
L24 179.97' N09' 41' 29" W L49 17. 22' S47' 09' 10" E
L25 6. 17' S80' 18' 31" W L50 39.44' N 15' 16' 47' E
L26 10. 00' N09' 41' 29' W L51 130.39' N67' 54' 21" E
L27 16. 17' N80' 18' 31" E L52 39.04' S64' 30' 32" E
L28 189. 97' S09' 41' 29" E L53 201. 38' S72' 50' 24" E L29 39. 52' S49' 49' 47" E
L30 95.91' N48' 35' 13" E
L31 8. 36' S84' 09' 36" E
L32 71. 99' N32' 04' 24"E
L33 73.24' N19' 31' 57"W
L34 6.77' N31' 07' 59" E
L35 35.02' N31' 07' 59" E
L36 57. 15' N81' 02' 57" E
L37 7. 55' N47' 36' 42" E
L38 93.76' N20' 39' 30" E
L39 148.36' N72' 50' 22"W
L40 40.50' N64' 30' 41" W
L41 130.39' S67' 54' 21" W
L42 58.03' S27' 00' 27" W
L43 17.22' N47' 09' 10" W
L44 10. 08' S62' 37' 06" W
L45 33.54' S62' 37' 06"W
L46 10.00' N33' 00' 06" E
L47 23.38' N62' 37' 06" E
EVHIBITC SCALE: NTS
DATE: 08/ 07/ 18
SOUTHERN CALIFORNIA GAS COMPANY PREPARED BY. AHM
PLAT TO ACCOMPANY LEGAL DESCRIPTION W•R•#:
CITY OF REDONDO BEACH COUNTY 0 LOS ANGELES, STATE OF CALIFORNIA ACT. #:
PREPARED BY: I
d PROFESSIONAL A.P. N..
AARON HA ENS P. L. S. 8786 LAND SURVEYOR FILE: 2018- 103
EXHIBIT D
Facility Drawing
Exhibit D Facility Drawing Facility shall include a solid wall structure surrounding the pipeline facility. Facilityy shall be entirely surrounded, exceptions for egress/ ingress, by vegetative screening and other landscaping.
3 R6900- 1018\ 2125478v5. doc
LEGEND
T
CPU
AND
30"
L1170
I:: •.
I
PROPOSED
E'
ENEN
36DU
0 N1D2002BEAcH
PROJECT
RE
EXHIBIT
D
0 •.•../.„ 1
I
I , '... ' . .
i:
k
g .. .
il
N
r '''
i'''''''
1 .'... .....' / .. '
1 7---
xfri
tr
I ,..-
r',./
ill
ii,
l,i'
hi,
ii,,,
i ,
i
7....,, ,:,.,-..•
S
ii,,,,,,/
A - :: , .,
i'
111,„:"
Ftltiltl:
illl,
i!
r14,
1:
i,
11::,
tx7:
1. t:1.
1-,,,:,:;
7717,
7,
77.,.„..
7„-.,,,. .,__.
8/
i
f
T,
IEkll4Elt:
11:,!
t!!!! ,= : •,,':,.-,..,:
gi,,
c:'-
i.--),
HE,
6!':•,.,'',
1. 1Imhl!
vi!
lif':-.::
k11!!
l;!!
IvmEr1::
Ei'
Nl,: .
7 .. ,
7-
T..,--
7:
77_-.,,,.._,
7_,_
77f_..,..-.,:
i:: .
1111,.:,
7,
J.
77..
7:,
4,
L,.,.
zll: .:!
t:.!:.,
J,.,:,:,:!
E,,
E„,„,,,„,„
r_:,_•„:_,,,,_..::::,,,,.
1_,
i
i : .,„:„„:,,,,.,,-.
1,, ..........:,,„:„.,,,,„,:„
4„,...„::,
vil. ,
44.,
t,,,
11. 1m2,
r,,
t„,,„:„.•;•,-:,_::,-::,,,:-,..:,-,.............,:.„,:,.,„:,:,"„....„,,„,:,„,,,,, z,, vnii3O:„
1:
1„,
11,
ii„,..„,,,,,,,,„,„„„:,,:,,,
i,:,_:::•._.---.
1 ii„„,,
i
1 .
I /....,_,.:,,:
J:.„:„,..:„:„„
tvg, i.,.,
RltugB:„,,,,,,,,:,,,,,,,,,,,,,,---:-•-••
IEi!,„
wt,:,,,,,,,,,,,,:::::
r.--:-:.:---
H,.:
14:,
w,
i,
H.„';_,:,!
itl.
i:!
L:
E,
y-',:::::,.;.,.:=.
i,!
i:::.-..•.:
bid ,
I,
I ,
i ' -
i
1 I
1 1
aii,'
i,,.
eii,-
8'.
2,:'„:
ii::,''''''''.:''''''-.:.--
Illr''''''','
c'
416,,
IP!'
a
liill:
k'
n,,
It'
I''
H.
EE''':'!•'
H,,..,.,,..'•-'
i-,-.
L,
i / / '
1,
iii'
1 ''
1\
1-:'. '''''"
I'''''!''''''-'
2•'''''''''''''''„'''''''•!'
El;','',',„'''„':„'„':''''''''''''....
Ili'
T"
t''''"
n '
fir"
te
W''''
F'
E':'::'!'''''''''''':''''''
E-::,',-:',''''''''''''''''.:- '
ill///,
II
I
I
t..... ,,,
s.,
z
illtli!
Itli; '
ii-'
7!''
F''','!":';"'"''',','''''''''''"„'„'''''''''''''''/ . / *.' ..,,.... 1 ,:‘
zi,
4,,,:
i.,‘
4ii.:!.!;*
0.,.
1. 1!:-.
4 „,.,!:!.'!„,
7,!,,,,:
w.,
ipul,
1,
11_
i,,,
i,,,,,„:.,!
1131:
1,,
g,„,,:,,-•'''''''''''''''''''"''''•. '-\\
I
z( i)
i ---••••.''''
I'
I'
I '
so': '
7;
z71..,
7r., . ,,-?-,
4=, .
4,
4 ,.,,,.:,,,:.
4,,,
i:!,
it,',,
REEi,
r:„,,,,,-,,,,,,,
E''',,:''.:-.-•.--
7,..
i
11/
I*-- '•',
tt.
t. '
44,!'"':::.'
4,.;;
Z:
Z,
i,:
t:
i44,:
t.,,,
t77: ',
77it..!,-.
4;•*:","-,',!•;',,;"'-•,'!*
t..
tt.'...;
1:,::
j,:
i.,-.,..,,,:,
E,.
wgl'"!!!:,-,
t,,!!!.
II.
P!`.,-,•,',
i:
ll,:',
i,
I,!
iiI'.''
iiii'
joi4.
GR'
DE'''. ........:.""":•,-,;-:: ::,":-,
4 ..
11,!!!:!!!:! ;„„::,„„'•'''''''''''''""---
I
l' "..;,-
1 _,
1-....
i'
LI:,
mtsh:
1:
i!
IVINt:
1`.: ZligulilUi71,
t1t*
44i4,,=: #
F,,,,:„,;
E.
i,•,,,,.!.
1Er!!:
1-
61!
fil
l4N:,
illl::
111.
111:,:,•:,,,,„,-,.
v...;::::„,,.:,,,,,•,•,,:.-::-:-,- - \
0,
i ,
i -..
1•
1 , <
if
2 7
tt,.;
17::.,,;"
4-!
7.:-..
EL,
44!*
L41.
4M-'
4. 14,
11". IhitilgtIlliiiitEilit'""-'''.' 11',
1!,:
v;:
ii-,:'::-"
1--
A?.'
ii ::::'
c?
rni1517,
gi :
111,...,
E
G74:
1!!!'
11.!!!!!!!'!::-.-„,,
i'":„
Hi: -„'
7 !
i,., __ ,, ..: .,::.:
41%,
11:- IIII,
ii$
I,
5.),,,,,,„,
i1EID!!
1E.,
T::::
7„,::,
17,
1,
77. 1,
7,
4.,,
E.,•
i.. *,,
t_
i§
i.
4.„..,,,,:
Zi.: f.:
L:;,:-.....
7..,.:
1,!:::::.,
4=,;
i'
i'''''' ...."."-::::,,,,
t7-,"!'"'"-:...:
E'''''''.:-:-:::::---.:':
7-.!'.
4''''::'::'
r,...:::,,,,„„,,,,,,.
E.,„,..
5,,,,.:„,„„,,,„,„,
F,,,,,,,,,„,„,„,„,"„
t,„,,,,,,
t.,.,„,„,,,„,.„„,,;„„,,,,,„„„,,,„..
4--
r,,,,
7,„",'„""„,,„,,,,
7 ,,..::..:...
7""„,„„„,:„!„„„„„„„:., ,,-, •-...; ,,,,,„„,,,,,„,,,:::---:--•'-• r-,,/,,,
yi , .--•....., ....• _.-- .: :.-.:,,,,,,,,,,„
i:-;.,,,,,'".,:,",„„,:
m,„,:,
i!,:,._,-,:,,,,,
f,
iA.,,,,,,
4,,,,;:..,...: ,
7,.
4•
zzt4,
r,;,:!"•,:
e,
i':'!"
4"••
i,,
J.",..,
11E,:,., : •;
E•!
i,:,::,,:,,,,:,
7:„,:,,
ittli:
it,,,,,,,,,,,,,,
i,„,
g,"'::
Aaov,
A,
1,„,,,,,,,,,,,,,,,,,,,,,,„,„„,„,,,,„,,..„!,,,,
i,,,::
s
ii ,,
r,/
T/
rn , . :: :
il!
galh'
tl..
i:'',-:'.
Ri,
qli.
1!,!!!
iirn!
ii!'',
lil!! flliIt)
IZi' :
lrt17471,
41::::.!';_„,,,
r4.
7:,:
t.
l;
Ut:'
177,
7!
77:
1i'
E''•„'',,''''
4,,,''''':':'''.....::.:.::::::::,:,:"""',",""
77.,""
gixIIIUII;
lIIIIIIiDIVIDUI:
IralrH:::: ,
11!
i
ij:
i:'
gWIIVHDOVOUIIIIIii!„,
i(
ME,,':'''''''''''':„''':'''''''::''''':'''-
1 1 ,,, „:,„,:',:,,,„,:,:
vi,,
tiE:,
i.,
v,•,!,
m,
gon,,:
i.„,„(,,,,,,,,,,-,::',--- \
pgiu.
L.. <...,......:::,,,,,,,,,,,,-
x
I ' !'
I
Iii
I ,
I
I
I
r / ,•.. -
7 7'
r-.' '
r.':':'.'''' '.
4'
11‘'''''44411110111111111111?
F!!!!!
il
ig!.
1"
P"
1":41IIIIVRIVIIIVDDIDDIOnlin,„!,,,',''''''''''''''''''''''''''''''''''''''„„''''''''''''''':' ' - ' — _ I
I
1 III
1 7
I
Ili'
1 1 /
I
I. ; '' '' / • ' ' .:::
1::
7:/
77:'
7. 7::::'''&'''''''''''''''.
t''''-:.'':
2•'
112 -:
IM'
Ij2:
2:'
Il''
I15°':'''''':''':':-:'''''''''''':'''''''-''':''':'''''<''''..
I,.
ill
11 IL'
1 1
1 ',, :::) :::':::!.
Lu , (.
I /:„:,/,' '
i
I.;,
i1H., .;: •
f.:,/..,:•./
1,,,
61'!'
ill'
IN'
ID;
1. D,'
11111$
111DDIT''''
1111'
1'
1''''''
1'
1'''''''''''''''''''''''''''''''''''''''''''-
i-':''''''''''''.:..:....'
l•
I
1- ;.: :: :•-• ,,-. /
i ' '; - ,
tr- .....„.•
i.
i.,• !-,:,•,--.,',:'''':,'''',=,'''''''''-'""''''',-,-'-''' x....-- - \
DER
1 PRNACY
i
l
PLAN
til
t> : :: : '.. / ; '.
I
il „
1 1
i ....:, ..-
H.:
1 ;-' /::: ••.::,', . . . / ,, ,..,. ,. . .
i .....
SOREN
FENCE
POST
CAP
It
t
4/
111 ......
1--..
1 II' • ...; ::.. \ '.'.. ;/
1 :: .. .. . . . .
i,
i
I
1••••, .: . , , , . , ,
tft $
11 '..----
1 I
1 '':' :' '''
v
x
5 sligEK
FENCE
POST
PANELS
1 I
0 11-
1 l'
il
IIT:'-
GAO
N
R
L
rc. 5
zED
s'
tEL'
IF' ' ' '
I'—'•
I
rsD .
1 .
i
PANEL)
1-
1 1
v‘-
iNTEKTri•
AN.:
5:.
x....„
PROPOSED
GRADE
v '
iU)
DETAIL
simpTz
STEEL
FrPFIThlr
EXHIBIT E
Land Exhibit Map
4 R6900- 1018\2125478v5. doc
EXHIBIT F
KAINTENANCE
Grantee shall perform all maintenance on its Facilities as required by the California Public Utilities Commission. The following other actions related to this Agreement will be required. Grantee shall notify Grantor in advance ofpipeline, valve and station maintenance and other actions that require the activation and use of the Parcel A extension and lay down area, i.e. Smart Pigging inspection operations.
1. Grantee shall provide temporary screened fencing as required by the Grantor for all project areas, including Parcel A, during Smart Pigging inspection operations or any maintenance activities.
2. Grantee shall repair and restore any damage to roadways after each Smart Pigging operation or maintenance activities in the Dominguez Park, including but not limited to, decomposed granite surfacing, flexible curbs, concrete surfaces, asphalt surfaces and bender boards, and shall repair the Dominguez Park roadways to the extent damage caused by Grantee' s( or Grantee' s contractor' s) heavy equipment vehicles, including concrete driveways, to the satisfaction ofthe City Engineer as to any damage to City property.
3. Grantee shall provide permanent landscaping to surround the outside ofthe pipeline facility within Parcel A, exceptions for egress/ ingress, and to the affected berm area located between 190th Street and the northern side ofthe Dominguez Park Dog Park, including within Parcel B. Grantor shall provide Grantee with established guidelines for the species, size and quantity of landscaping plants and materials to be used at the site. Grantor shall have the right to approve the installation of the landscaping surrounding the outside of the pipeline facility within Parcel A and at the 190th Street and northern berm slope within Parcel B.
4. Grantee shall provide and maintain, immediately adjacent to the exterior wall of the enclosure around the pipeline facility within Parcel A, a permanent vegetative screening ofthe exterior wall ofthe pipeline facility. Grantor shall provide Grantee with access to Grantor' s existing irrigation system for the purpose ofirrigation of the vegetative screening within Parcel A. Grantee shall provide irrigation valves, laterals and fixtures necessary to irrigate the vegetative screening. Grantor shall provide water free to charge to Grantee for the purpose of irrigation within Parcel A. Once established, the vegetative screening surrounding the outside of the pipeline facility exterior wall within Parcel A shall be maintained by the Grantee.
5. The pipelines access enclosure in the Dominguez Park Dog Park, including but not limited to fencing, walls, and vegetative screening shall be maintained by the Grantee.
6. The remaining landscaping within Parcel A shall be maintained by the Grantor. Grantor shall have access to the landscaping within Parcel A that is not maintained by Grantee as noted above for maintenance purposes.
7. Once established, the landscaping at the 190th Street and northern berm slope within Parcel B shall be maintained by the Grantor. In the event that the landscaping in Parcel A and/or Parcel B is removed or destroyed by Grantee' s operation or maintenance, the landscaping shall be replaced by Grantee to the reasonable satisfaction of the Grantor.
Exhibit F
Pagel
R6900- 1018\2125478v5.doc