This Instrument Witnesseth : That Ventura Improvement Company, a corporation, organized and existing under the laws of the State of California, and having its principal place of business at the Town of Ventura, State of California, in consideration of Ten Dollars, the receipt whereof is hereby acknowledged, hereby grants to Blue Bird Oil Company, a corporation, having its principal place of business at Santa Paula, Ventura County, California, and to its successors and assigns, the right, privilege and easement to lay, build, operate and maintain a pipe-line for the conveying of petroleum oil, water and other liquid substances, in, upon, over and across that certain tract of land, situate in the County of Ventura, State of California, and particularly described as follows:
Said pipe line to extend across said premises at, and to be laid as nearly as possible to, the fence running along the northern boundary line of the right of way of the Southern Pacific Company, for a distance of about eighty (80) chains, more or less; said grant being subject, nevertheless, to the following covenants and conditions, on the part of said Blue Bird Company, its successors and assigns, to be kept and performed, namely:
First: That said Blue Bird Oil Company shall, at its own cost and expense, lay, operate and maintain said pipe line, and that all of said pipe line shall be buried not less than eighteen inches below the surface of the ground;
Second: That said Blue Bird Oil Company shall be responsible for, and shall pay to the parties entitled thereto, any damage that may be caused or result from the laying and operating of said pipe-line or by leakage thereof; said Ventura Improvement Company reserving to itself the right to be the sole judge as to any damage that may occur by reason of the location of said line of pipe on its premises and the manner of maintaining it; provided, however, that the damage so estimated shall always be reasonable and just and commensurate to the injury suffered;
Third: That said Blue Bird Oil Company, its successors or assigns, may, at any time, remove said pipe-line from said premises, and upon such removal, shall fill up the trench wherein said pipe-line lay, and leave the surface of the ground in good condition; provided, however, that if, after any such removal, said Blue Bird Oil Company, its successors or assigns, shall not make use of the right of way herein granted for the space of six successive months, the rights hereby granted shall be forfeited and cease;
Fourth: That the exercising, by the Blue Bird Oil Company, of the rights hereby granted, shall be conclusive proof of the entering into of the covenants herein contained on its part to be kept and performed equally as though these presents were signed and sealed by said Blue Bird Oil Company.
In Witness Whereof, said Ventura Improvement Company has hereunto caused its corporate name and seal to be affixed by its President and its Secretary, this ninth (9th) day of September, A. D. 1905.
(Corporate Seal) Ventura Improvement Company.
By its President Dwight Hillis. By its Secretary Abner Andrews.