Los Angeles daily herald., 1889-08-27
The Contract.
The contract to which the Mayor re
fers in his message reads as follows:

| fers in his message reads as follows:
SECTION l. This indenture made and entered
| into the Sd of July, 1889, by and between An
derson Rose, of Santa Monica township, county
of Los Angeles, State of California, the party OF
the first part, and the City of Los Angeles tof
| the same county and State), a municipal cor
porstion organized and existing under the laws
OF the State of California party o. the second
pant, witnesseth That saving his rights under
| the reservations. conditions, covenants and
agreements, hereinafter set forth upon the
conditions herein contained and in considera
| ton of the covenants and agreements herein
| set forth, that are to be done, kept and per
| formed by the second party hereto, and the
sum OF one dollar, to him in hand paid by the
| said second party the receipt whereof is hereby
Acknowledged said first party does hereby
grant to said second party the right and privi-
| iege of constructing and perpetuslly maintain
| ing sewer across the lands of said first party
that are hereinafter designated and describedl
On the line within the bounds and
mentioned, which { said sewer) it is
| hereby agreed shall be the main or outfall
sewer OF the said City Of Los Angeles and and run,
upon and along which 1t is hereby agreed ssid
| sewer shall be so constructed is designated and
described as follows:
SEC 2. Commencing at the easterly extrem-
ity of the triangular ten-acre tract Of land be-
longing to the party of the first part, which said
| tract OF land is bounded and described as fol
| lows, towit Bounded southerly by land of
John Charnock; on the westerly by road No. 2,
| according to the partition map of the La Bal
| Iona Ro and on the northerly by the county
road running from Santa Monica to the city of
Los Angeles land sometimes called the Comp.
| ton roadl; thence along the southerly line OF
said triangular tract westerly to the easterly
| that other and larger tract of land owned by
| first party, designated and known as his home
place, and being the land .whereon said first
party now resides, the said line over which
said last mentioned land is designated and de-
| scribed as follows.
SEC. 8. Commencing at a point in the west
| Il 1s,.o of HN rkNrl 49, -,
erly line of tract of land owned by Antonio
| Machado, and the northerly line Of the said
| last above mentioned tract of land OF said rst
party lsaid line being the dividing line between
| the aid land of first party and the said land of
sail Machadol: thence southwesterly along
said dividing line to the point where the same
| is intersected by the westerly line OF said Ma
| chado tract; thence in direct line southwest.
| erly course) to The common corner of ands
| of the first party hereto aud the lands now or
formerly owned by the widow Of Francisco Ma
chado and a tract of land owned by John Char
mock formerly owned by e. Machado).
| Thence ION as nearly direct line as possible
| to the mouth of the La Ballona creek) to the
| westerly line of the said lands of the first
party hereto. Said sewer is not to exceed 4x6
| feet in diam eter and is to be closed one and
safely and substantially constructed. and be
| con nstructed under ground and wholly below
| the surface thereof from the place OF point
| where II enters the triangular tract above men,
mated as the common corner of the lands Of
said fret party and said Machado and Char
mock. and to that point (said common corner)
from the point where Sid sewer first enters the
said triangular tract of land belonging 10 said
| first party, the second party hereto agrees to
| cover said sewer with earth and leave the
| level as the same now is, and also remove the
surplus earth, If any, that is excavated by said
second party for the purpose of constructing
| said sewer from the lands of the first party,
| that is, the lands through which said sewer is
| so constructed below the surface of the earth,
| but the same may be used to cover said sewer
westerly from said common corner.
| SEC 4 From said common corner" Of the
I lands of said CharAock Mschado and the first
party hereto to the said westerly line of the
| said first party's said home tract, the second
| party may build such portion of said sewer
| above or upon the surface of the ground: Pro-
vided, however, that no portion of said sewer
shall be constructed above the surface OF the
ner," and provided further that the said por-
| ton of said sewer as may be wholly. or
partially constructed above upon the surface
OF the ground shall be covered with earth by
such slope as to allow of the free and easy
S Se
necessary said second party shall grade and
construct one or more roadways over
fsd dsssaaea Ct 'gSh SS the points frs. as paP
hereto and that said portion shall be so COW
cred Immediately after the completion of said
sewer through said land of first party, and that
said roadway or ways shall be made when re-
quired by said first party, all of which shall be
done and performed and said coverings and
roadways be maintained by said second party
all at its own cost and expense for and during
the continuance of the easement hereby
granted And provided further, that If any
portion of said sewer is raised above the ground
IS aforesaid, that said second party shall and
will put in and maintain under such portion
of said sewer a sufficient number of culverts to
carry carry off the surf &C. I water add keep the same
along said portion Of said sewer And it Is fur
ther hereby expressly provided that said sewer
shall be con.trueted Ton said tract Of land of
said first party between two parallel lii es six
teen and onehal feet apart, one of which said
lines is and shall be held to be the line herein
above mentioned ss designating, describing
and locating the line upon which said sewer
may be so constructed. And 1t is also one of
the express covenants and conditions hereof,
| managed and conducted by said second party
| as not to be or in any manner become q nui-
sance on the said lands OF said fret party or on
| any part thereof
SEC 5. Aud upon condition that all of the
| covenants and conditions herein contained, on
to be DONE kept and performed, and not other
| wise the second party shall have the right to
pass over and along said sewer within said
repairing or reconstructing said sewer during
| the continuance OF the easement hereby given.
| Provided, however, that such right is not and
shall not be exclusive but shall be enjoyed by
both parties hereto; and provided further that
| said second party shall not fence or otherwise
obstruct the same so as to prevent the free
passage of stock or teams across the same from
one side thereof to the other. and provided
| further that said second party shall at its own
| cost aud expense put in and maintain gates in
all of the cross fences on and along said line
and furnish locks and keys thereof for the ex-
elusive use of the first and second parties here
| to- and provided further that said second
party shall cause such OF its officers and en-
ployees as may pass and repass through such
gates to at all times close and then securely
fasten the same.
SEC. 6. And it is also further covenanted
and agreed that said second party shall at all
times be responsible to the first party hereto
| for any damage to the said properly of the said
| irst party caused by any break In said sewer
overflow thereof. And it is further expressly,
| stipulated and agreed that any and all sewage
flowing through said sewer on, over and be-
| yond the said lands of the first party hereto
shall be carried to and discharged into the
Pacific ocean and that said second party shall
continue its said sewer to the low water line
| on the ocean beach for that purpose.
SEC. T.. And it is further covenanted, agreed
| and understood that one of the conditions
upon which the right and privileges hereby
given to said second party are so given is, and
shall be held to be, that said second party shall
thereof where the same first enters the land of
said first party. that is, at said easterly extrem
itY of said triangular tract, Said tap to be
made on the side OF said Sc wer on a level with
the inner surface OF the bottom thereof, and
shall be not less than sixteen inches in diam
eter, and that said second party shall connect
herewith lateral sewer of not less than six
teen inche, in diameter, and shall construct
the same along the side Of said main sewer and
within the limit above mentioned to such
point 1.-THE nearest to the place of starting the
tame) on the said larger tract Of land OF first