HomeMy Public PortalAboutMobil Oil Corp, Right Of Way AgreementRIGHT OF WAY AGREEMENT
THIS AGREEMENT dated the 19th day of March, 2001, by and between CITY
OF CARSON, hereinafter called "Grantor"or "City" and MOBIL OIL CORPORATION,
hereinafter called "Grantee" or "Mobil".
I . Grantor, for valuable consideration, the receipt of which is hereby
acknowledged, hereby grants to Grantee, its successors and assigns, the right from time to time to
lay, construct, reconstruct, replace, change the size of, renew, maintain, operate, abandon, and
remove a pipe or pipes solely for the purpose of the transportation of oil, petroleum, gas,
gasoline, or water, together with the right of ingress and egress to and from the same, in, under,
along and across a five-foot Easement Area within that certain real property situated in the
County of Los Angeles, State of California, described on Exhibit "A" and "A -I" hereto attached
and incorporated in their entirety into this agreement.
2. Grantee shall not unnecessarily interfere with or obstruct the use of said
premises by Grantor, or injure or interfere with any person or property on said premises. Grantor
shall not use or permit the use of the premises for any activity that would unreasonably interfere
with or prevent the exercise of Grantee's rights under this Agreement.
3. Grantee shall bury said line of pipe(s) so that it will be at all points at least
forty-two (42) inches below the surface of the ground, and shall promptly and properly backfill
excavations made by or for Grantee on the premises.
4. Grantee recognizes Grantor's title and interest in and to the land over
which the aforesaid right of way is hereby granted and agrees never to assail or resist Grantor's
title or interest therein by reason of any of the rights hereby granted.
5. Grantee will comply with all federal, state, and local laws, rules,
regulations and guidelines relating to the operation of the pipeline and its occupancy of the
Easement Area. Grantee will be responsible for filing all regulatory and other reports pursuant to
any federal, state, local or regulatory ordinance, statue, rule, permit, regulation or order relating
to the operation of the pipeline. Grantee will maintain the pipeline and all facilities and personal
property, fixtures, and appurtenances thereto in good repair and condition at its own expense. As
operator of the pipeline, Grantee shall supervise, perform or cause to be performed all routine
maintenance, and such other duties including safety, environmental, regulatory, accounting and
reporting duties as are ordinarily required and as have previously been conducted in the regular
course of operating the pipeline.
6. Grantee shall perform the duties and all operations related to the pipelines
in a prudent and in a good, workmanlike and safe manner and in accordance with the best
standards customarily applicable to those operating pipelines in the industry.
C]389,0976\648175.2
7. Grantee shall pay and satisfy all claims for labor and material employed or
used by it in connection with its operation of the pipelines, and shall permit no liens of any kind
to be fixed upon or against the property by Grantee's laborers, mechanics or materialmen. Upon
Grantor's request, Grantee will post bonds to release any such liens.
8. Whenever, in the opinion of Grantor, said pipeline interferes with
Grantor's use of the described Easement Area, Grantee shall, within ninety (90) days after
written notice to Grantee, commence relocation and reconstruction of said pipeline upon and
across Grantor's property along a route mutually agreed to and approved by both Grantor and
Grantee. Grantor shall reimburse Grantee for the reasonable costs of such relocation. Such
relocation and reconstruction shall be subject to reasonable extensions of time necessary to
obtain the requisite permits or materials provided Grantee exercises good faith efforts to obtain
all such items and Grantee provides Grantor with written notice of any such delay.
9. a. Grantee agrees to indemnify Grantor, and its directors, officers,
employees and agents, to the fullest extent permitted by law, and to protect, defend and hold
Grantor free and harmless from and against all losses, liabilities, causes of action, demands,
damages, suits, judgments, debts, costs, claims for payment, contribution or indemnity, expenses
(including but not limited to reasonable attorneys' fees, consultants' fees and costs),
consequential damages, and liens of every kind and nature resulting from or attributable to:
(i) the operations or services performed by Grantee, or its
agents, employees or contractors; or
(ii) any reasonable Corrective Action ("Corrective Action" is
defined as active remediation, passive remediation, investigation and monitoring, or risk
assessment of Hazardous Substances in the soil or groundwater, or any combination of these
activities) relating to Hazardous Substances in the soil or groundwater caused by Grantee's
operations, or, any environmental claims arising from the release of any Hazardous Substance
caused by Grantee, including, but not limited to liability for any release of Hazardous Substances
from the pipeline.
For purposes of this Agreement, "Hazardous Substance(s)" means
(i) Any hydrocarbon substance, including petroleum or any
fraction or product thereof, or
(ii) Any other waste, material, chemical, whether in a liquid,
solid or gaseous form, or substance of pollutant that is defined as or included in the definition of
"hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous
waste," "pollutant," "restricted hazardous waste," or "toxic substances" or words of similar
meaning under any local, state, or federal law.
C]380\0976\648175.2 -�
b. Grantor agrees to indemnify, defend and hold harmless Grantee, its
directors, officers, shareholders, employees and agents from and against any and all claims for
personal injury or property damage made by third parties arising out of Grantor's activities or
negligence upon the Easement Area. However, this indemnity does not apply to any
environmental claims arising from Grantee's operations. Grantor further agrees to reimburse
Grantee for any necessary repairs and all physical damage to Grantee's pipeline if such damage
is caused by Grantor. In addition, Grantor shall reimburse Grantee for any reasonable
consequential damages arising out of physical damage to the pipeline including, but not limited
to, lost profits, if such damage is caused by Grantor.
10. Within ninety (90) days following the date in which any facilities or
appurtenances have been laid, removed or abandoned under the Agreement, Grantee shall file a
map or maps with the City of Carson showing the accurate "as built" location, depth, and size of
the facilities or appurtenances so laid, removed or abandoned.
11. Grantee shall be primarily responsible for performing all remedial work
and responding to and defending against and/or complying with any administrative or judicial
order, notice, request, directive, or demand relating to Hazardous Substances in the soil or
groundwater caused by Mobil's operations, or, any environmental claims arising from the release
of any Hazardous Substance caused by Mobil, including, but not limited to liability for any
release of Hazardous Substances from the pipeline.
12. If any portion of the property shall be damaged by reason of breaks or
leaks in any pipe, conduit, or appurtenance operated or maintained under the Agreement, Grantee
shall, at its own expense, immediately following written notification thereof, promptly repair any
such damage and put such property in as good condition as it was in before such damage or leak,
all to the satisfaction of Grantor.
13. If Grantee ceases to operate the pipeline for a period of longer than 24
months, Grantee will remove or abandon its equipment in and around the right of way in
accordance with applicable federal, state and local regulations and return the surface to its
condition prior to such removal of abandonment.
14. It is understood and agreed that this grant is made subject to all valid and
existing licenses, leases, grants, exceptions and reservations affecting the premises.
15. The terms and conditions of this agreement shall inure to the benefit of
and be binding upon the heirs, successors and assigns of the parties hereto.
15. This Agreement is an integrated contract and sets forth the entire
agreement between the parties hereto with respect to the subject matter contained herein. All
agreements, covenants, representations and warranties, express or implied, oral or written, of the
parties hereto with regard to such subject matter are contained in this Agreement. No other
C1380\0976\648175.2 - -
agreements, covenants, representations or warranties, express or implied, oral or written, have
been made or relied on by any party hereto.
17. This Agreement may not be changed, modified or amended except by
written instrument, specifying that it amends such agreement and signed by the party against
whom the enforcement of any waiver, change, modification, extension or discharge is sought. No
provision hereof may be waived unless in a writing signed by all parties hereto. Waiver of any
one provision shall not be deemed to be a waiver of any other provision herein.
18. This Agreement may be executed in any number of counterparts, each of
which when so executed shall be deemed to be an original, but such counterparts together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in duplicate the day and year first hereinabove written.
GRANTOR
CITY OF CARSON
Attest: �a i -..
City Clerk +'
GRANTEE
MOBIL OIL CORPORATION
By: - j
Attorney -in -Fact
01380109761648175.2 -4-
APPROVED AS TO FORM
/ - y r,,_ — , '
City Attorney
EXHIBIT "A"
THAT PORTION OF THE GUADALUPE MARCELI4 fA DOMINGUEZ 852.37 ACRE
ALLOTMENT IN THE PARTITION OF PART OF THE RANCHO SAN PEDRO, IN THE
CITY OF CARSON, 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, IN AND FOR THE COUNTY OF LOS ANGELES, A COPY OF
SAID MAP, IDENTIFIED AS CLERK'S FILED MAP NO. 145 IS FILED IN THE OFFICE -
OF THE ENGINEER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL l PIPELINE EASEMENT
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS PARCEL NO. 797 IN DEED "°0 THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT, RECORDED ON JANUARY 21,1969 AS DOCUMENT
NO. 2091 IN BOOK 4257, PAGE 558 THROUGH 562 INCLUSIVE- OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH 62°23'12"
EAST 447.04 FEET ALONG THE SOUTHEASTERLY LINE OF SAID 852.37 ACRE
ALLOTMENT TO THE TRUE POINT OF BEGINNING THENCE SOUTH 77019'38"
WEST 442.08 FEET; THENCE SOUTH 19°06'51" WEST 12.00 FEET TO A LINE
PARALLEL WITH AND 32.00 FEET NORTHEASTERLY OF THAT CERTAIN COURSE IN
T1IE NORTHEASTERLY LINE OF SAID PARCEL 797 AS DESCRIBED 1N SAID
DOCUMENT NO. 2091 RAVING A BEARING OF SOUTH 39°11'51"EAST AND A
LENGTH OF 280.49 FEET, SAID BEARING BEING SOUTH 39"05'55"EAST FOR THE
PURPOSES OF THIS DESCRIPTION, SAID POINT HEREINAFTER DESIGNATED AS
POINT "A THENCE SOUTH 39005'55" EAST 107.91 FEET ALONG SAID PARALLEL
LINE TO SAID SOUTHEASTERLY LINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED
TO MEET AT ANGLE POINTS AND TO TERMINATE, AT SAID SOUTHEASTERLY LINE.
ALL AS SHOWN ON EXHIBIT "A-1" ATTACHED HERETO AND MADE A PART
HEREOF.
MAR -16-2001 09:45 310 2121987 961/ R.
EXHIBIT "A"
PARCEL 2 (VALVE FACILITY EASEMENT
R _ --- -
A STRIP OF LAND 8.00 FEET WIDE, THE CENTERLINE OF WHlCl4 IS DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "A" DESCRIBED HEREIN 1N PARCEL 1; THENCE
SOUTH 19°06'51" WEST 4.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 19°06"51" EAST 18.94 FEET TO A LINE PARALLEL WITH AND 2.50'
NORTHERLY OF SAID COURSE DESCRIBED IN SAID PARCEL I HAVING A
BEARING OF SOUTH 77°19'38" WEST AND A LENGTH OF 442.08 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED
TO TERMINATE NOR'T'HERLY AT SAID PARALLEL LINE.
ALL AS SHOWN ON EXHIBIT "A - I" ATTACHED HERETO AND MADE A PART
HEREOF.
MAR --16-2001 09:46 310 2121867 96% P.0a
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