Los Angeles daily herald., 1889-08-27

sufficient gate in said main sewer to turn full
flow of sewage into said lateral sewer, which
said lateral sewer is to be made of fixteen-inch
salt glazed yitrifed clay pipe. Az OF which is
to be done and maintained by said second
party at its own cost and expense, and of which
said lateral sewer the .trst party hereto is to
have the exclusive use for the purpose of tax.
Jag sewage as herein provided.
SEC. 8. And the right to so construct and
maintain said main sewer is granted upon the
further and express condition that said first
party latter the construction thereof shall
without cost, expense or other consideration
have the right to, at ell times, and continually
as long as said sewer shall be maintained upon
his said lands take and draw from said main
sewer (through said lateral sewer and such
as herein provided) for the purpose of irrigat-
ing his said land at least one cubic foot per
second of sewage. And upon like conditions,
and in consideration of the privileges hereby
to it granted, said second party hereby cove
nants and agrees to furnish, supply and deliver
to said first party continuously from said sewer
(stoppage caused by breaks and repairs only
excepted) not less than one cubic foot of sew
age per second for and during the whole time
| it so occupies said premises with said sewer.
And it is also agreed that said first party may,
without other cost or consideration than that
herein mentioned. take for the purpose of irTi-
gatiug his said lands as much sewage in ex-
cess OF said cubic foot thereof per second as he
NAV find flowing in said main sewer; pro-
vided, however. that said first party shall so
use said sewage so taken in such manner as not
to cause or create nuisa ace. And it is also
same necessary to enable him to so receive and
take such sewage that said second party shall,
| at its own expense. tap said main at at least
two points besides the one above mentioned,
the same to be designated by said first party;
and that said second party shall and VIII put
and maintain the requisite gates, at such
points, TO turn the sewage from said main
sewer out through said taps"
SEC. 8. And ii is hereby further ex-
pressly covenanted aud agreed that said sec.
and party shellnot use nor allow said portion
Ion of first pa which said ms v
be so constructed Ito wit between said parallel
lines) for any other purpose ether tnan those
herein expressly enumerated, and shall not
grant or give any permit ur right to any par
ties to traverse or use the same in any manner.
And ii is hereby further expressly stipulats I'd,
agreed and understood that said first party has
not and shall not be held to have parted with
or granted his title to the land to be occupied
by said second party by said sewer, by reasons
of any or all of the clauses. terms, covenants
or conditions hereof, and that he has and
does hereby expressly reserve the same unto
himself, his heirs and assigns, and that the right
to so construct and maintain said sewer on,
her by made and shall be held TO wholly depend
upon said second party's doing, keeping and per-
forming each and all of the covenants and con-
ditions hereof in the manner herein stipulated
and agreed. failing in which all and singular,
the rights and privileges hereby given shall
terminate and cease, and all and singular the
rights and privileges hereunder that said
second party might otherwise have had, shall
lapse and revert to said first party, including
the possession of said portion of first
party's said premises for the purpose of keeping
or maintaining said sewer thereon. And upon
such default and failure on the part OF SAID
second party and such termination, lapse and
reversion, said first party may reenter and
repossess the same and with or without suit,
recover the possession of said premises and the
whole thereof.
SEC 10. And it is hereby further expressly
cevenanted and agreed that II the said sewer is
not SO constructed and completed and in use
by said second party within three years from
struct the same through the said lands of first
party shall be held to be forfeited, time being
expressly made of the essence of this instru-
ment.
SEC. IL. Provided, however. that if said
second party shall, prior to the expiration OF
seid period of three years, decide upon and
adopt some route to the sea upon which to con-
above mentioned, or shall decide upon per
manently disposing of its sewage in some other
manner, this instrument shall Immediately
thereupon become null and void, and from the
date OF said decision cease to be OF any force
and effect. The covenants herein expressed
shall be binding upon the heirs, admin istrators
and assigns of said first party, and upon the
successors and assigns of the city of Los An
COLES.
Ia witness whereof the party of the first part
has set his hand and seal, and the party of the
second part has hereunto authoriz ID 'the City
Clerk to set his hand and fix the corporate seal
this 9th day of July, A. D. 1889.
ANDERSON ROSE Scroll seal
FREEMAN G. TEED, City CLERK,
City of Los Angeles.
Here the words 'its Mayor" appearing in
the original document had been scratched out
and the words the City Clerk were write in