K22-6.02 GOE R/W 5726 – EA 21-013 - Alameda Marina Redevelopment Phase 2 - City of Alameda Portion Rev. 2/24/22
RECORDING REQUESTED BY
East Bay Municipal Utility District
AND WHEN RECORDED MAIL TO
East Bay Municipal Utility District
Post Office Box 24055
Oakland, CA 94623
Attn: Real Estate Services (KK)
R/W 5726 EA 21-013
Clement Ave, Alameda, CA 94501
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 71-291-11
Pursuant to Government Code Section 27383, Grantee is exempt from paying recording fees.
R&T 11911 - Consideration is less than $100
GRANT OF EASEMENT
THIS INDENTURE, made by and between CITY OF ALAMEDA, hereinafter called the Grantor, and EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California, hereinafter called the Grantee, WITNESSETH:
THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, hereby grants to the Grantee and to its successors and assigns a perpetual,
non -exclusive easement and right-of-way for the purpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, any facilities necessary for the transmission of utilities, including all
necessary braces, connections, fastenings and other appliances and fixtures, in, under, along and across that certain real property described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof.
TOGETHER with the right of ingress to and egress from said right-of-way and the right at all times to enter in, over and upon said right-of-way and every part thereof and also to use said right-of-way for all purposes connected with the laying down, constructing, reconstructing, replacing, removing, repairing, maintaining, operating and using said utilities.
The Grantor and the Grantor's heirs, successors, or assigns shall not place or permit to be placed on said right-of-way any building or structure, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, and patios nor allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein granted.
The above paragraph notwithstanding Grantor reserves the right to landscape the easement area in a manner consistent with the Grantee's use; however, such use by Grantor shall not include the planting of trees nor a change in the existing surface elevation (grade) of the easement area by more than one (1) foot without first having prior written consent of the Grantee.
The Grantee agrees that said utilities shall be constructed and maintained at a depth of at least eighteen (18) inches below the present surface of the ground.
The Grantee agrees upon the completion of any of its works hereunder to restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this indenture this day of , 20 .
As owner:
CITY OF ALAMEDA
a municipal corporation
By:
Gerry Beaudin
Interim City Manager
RECOMMENDED FOR APPROVAL:
Erin Smith
Public Works^TJirector
APPROVED AS TO FORM
City Attorney
By: UL^y^
Elizabeth A. Mackenzie
Chief Assistant City Attorney
K22-6.02 GOE R/W 5726- EA 21-013 - Alameda Marina Redevelopment Phase 2 - City of Alameda Portion Rev. 2/24/22
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. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Description of Attached Document
Title or Type of Document: _______________________________ Document Date: ____________________ Number of Pages: ________ Signer(s) Other Than Named Above: ________________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name: ________________________________ Signer’s Name: _______________________________ Corporate Officer — Title(s): __________________ Corporate Officer — Title(s): _________________ Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _____________________________________ Other: ____________________________________ Signer Is Representing: ________________________ Signer Is Representing: _______________________ _____________________________________________ _____________________________________________ 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.
Signature of Notary Public
Name(s) of Signer(s)
State of California )
County of ________________________________ )
On _________________________ before me, ______________________________________________________, personally appeared __________________________________________________________________________ ______________________________________________________________________________________________, 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 of which 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 ____________________________________________
Here Insert Name and Title of the OfficerDate