SPACE ABOVE THIS LINE FOR RECORDER'S USE
APNs:Portion of 74-955-88
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 GRANT OF EASEMENT (“ Easement”), made by and between THE CITY OF ALAMEDA, a municipal corporation (“ Grantor”), and EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California (“Grantee”).
WITNESSETH:
Grantor, for a good and valuable consideration, hereby grants to Grantee and to its successors and assigns, a perpetual underground easement and utility crossing right-of -way for the purpose of constructing, installing, repairing, maintaining, operating and using the facilities necessary for the transmission and distribution of utilities, including the construction of a tunnel, a pipeline and all necessary braces, connections, fastenings and other equipment in connection therewith, under the real property of Grantor at the location described in Exhibit "A", and shown on Exhibit "B" (the “Easement Area”), attached hereto and made a part hereof.
This Easement, as described above, is granted by Grantor and accepted by Grantee upon the following terms and conditions, and Grantee does hereby covenant with Grantor as follows:
1. In consideration of the rights granted herein Grantee agrees to pay the sum of One Thousand Six Hundred Dollars ($1,600) to Grantor.
2. Grantee shall drill a tunnel under Grantor’s property in the Easement Area to house a 30” water pipeline within a casing pipeline at a depth ranging from 40’ to 170’.
3. Grantee hereby acknowledges that fee title to the Easement Area is held by Grantor and Grantee agrees never to assail or to resist said title.
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 (AS)
R/W 5831 A,B,C
SLCC Towata Park
EXHIBIT 2
4. Grantor and Grantor's heirs, successors or assigns shall not approve any request to build a structure within the Easement Area, such as, but not limited to, a bridge or pier, if such structure would materially interfere with the use of the Easement Area for the purposes described herein.
5. The above paragraph notwithstanding Grantor and Grantor’s successors and assigns reserve the right to approve, construct and maintain on or over the Easement Area structures that are for the protection, mitigation, and adaptation of sea level rise, including but not limited to a sea wall and/or a levee, which will be subject to the Grantee’s review and satisfaction that it will not interfere with the use of the Easement Area for the purposes described herein.
6. Grantee, for itself and its successors and assigns, hereby warrants to defend (with counsel acceptable to Grantor) and agrees to hold harmless and indemnify Grantor, its council members, commission members, agents, officers, attorneys, employees, heirs, su ccessors and assigns, free from any and all claims, liabilities, expenses and damages of every kind, nature or description, including without limitation, those applicable to real property and persons or parties, including but not limited to Grantee’s emplo yees and Grantor’s employees, caused by the acts, omissions, intention or negligence, whether active or passive, of Grantee, its contractors, agents, employees, invitees and suppliers, in any way related to or arising from rights and obligations granted he rein and the Easement. This warranty does not apply to liabilities, expenses and damages arising in connection with this Easement resulting solely from Grantor’s gross negligence or intentional misconduct.
TO HAVE AND TO HOLD, all and singular, the rights above described unto Grantee and Grantee's successors and assigns forever.
IN WITNESS WHEREOF, Grantor has executed this Easement this day of , 20 .
THE CITY OF ALAMEDA,
a municipal corporation
By:
Jennifer Ott
City Manager
Approved as to form – City Attorney
By:
Len Aslanian
Assistant City Attorney