EXHIBIT 3
GRANT OF EASEMENT
(ON CITY LAND)
DocuSign Envelope ID:
RECORDING REQUESTED BY
East Bay Municipal Utility District
AND WHEN RECORDED MAIL TO
East Bay Municipal Utility District
P. O. Box 24055 - MS #903
Oakland, CA 94623
Attn: Real Estate Services (RK)
R/W ____ EA__-___
Alameda Point – Navy Portion
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: _______________
Pursuant to Government Code Section 27383, Grantee is exempt from paying recording fees.
R&T 11911 - Consideration is less than $100
Certificate of Acceptance Attached
GRANT OF EASEMENT
THIS INDENTURE, made by and between the CITY OF ALAMEDA, a municipal corporation of the State of California, 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 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.
DocuSign Envelope ID:
T he 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.
T
he 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.
T
he 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.
T
O HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's successors and assigns forever.
I
N WITNESS WHEREOF, the Grantor has executed this indenture this __ day of September 2022.
CITY OF ALAMEDA
A municipal corporation
By: _________________________________
Nancy Bronstein,
Interim City Manager
RECOMMENDED FOR APPROVAL:
By: __________________________________
Lisa Maxwell
Director of Base Reuse & Community
Development
APPROVED AS TO FORM – CITY ATTORNEY
By: _________________________________
Len Aslanian,
Assistant City Attorney
CALIFORNIA AlL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 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.
State of California
County of
On
Date
personally appeared
before me,
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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
Signature of Notary Public
Place Notary Seal Above
OviiuNAL
Though this section is optional, completing this inrormation can deter alteration of the document or frauduient reattachment of this form to an unintended document.
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:
[1] Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual € Attorney in Fact
fJ Trustee € Guardian or Conservator
€ Other:
Signer Is Representing:
Signer's Name:
rl Corporate Officer - Title(s):
€ Partner - € Limited [1] General
€ Individual € Attorney in Fact
€ Trustee [1] Guardian or Conservator
€ Other:
Signer Is Representinq:
@2014NationalNotaryAssociationawww.NationalNotary.orga1-800-USNOTARY(1-800-876-6827) ltem#5907