Recording Requested by
and
When Recorded Mail to:
PW Admin Supervisor
Public Works Department
200 Lincoln Avenue
Salinas, CA 93901
Space Above This Line for Recorders Use Only
GRANT OF EASEMENT TO CITY OF SALINAS
This Grant of Easement to the City of Salinas (the “Grant of Easement”) is entered into as of March 22, 2022 by and between SANTA RITA UNION SCHOOL DISTRICT, a California public school district (hereinafter referred to as “Grantor”), and CITY OF SALINAS, a California municipal corporation (hereinafter referred to as “Grantee”) and shall be effective upon recordation in the Official Records of Monterey County.
RECITALS
WHEREAS, Grantor holds fee title and is the owner of that certain real property commonly known as McKinnon Elementary School and the land appurtenant thereto located at 2100 McKinnon Street in the City of Salinas, County of Monterey, with Assessor’s Parcel Number 211-231-059 (“Grantor Property”); and WHEREAS, Grantor Property includes a strip of land consisting of more or less 0.73 acres in front of McKinnon Elementary School on which McKinnon Street is now located (“Subject Property”), which Subject Property has not been dedicated as a public road and public utilities easement; and WHEREAS, Grantee desires that Grantor convey to Grantee an easement dedicating the Subject Property as a public road for all public purposes, inclusive of the right to construct, reconstruct, maintain, and operate utilities, and incidental uses thereto; and WHEREAS, in accordance with Grantee’s request, Grantor desires to grant, and Grantee desires to accept, an easement dedicating the Subject Property as a public road for all public purposes and incidental uses thereto, inclusive of the right to construct, reconstruct, maintain, and operate utilities, in accordance with the following terms and conditions.
NOW, THEREFORE, Grantor and Grantee hereby agree as follows.
AGREEMENT
INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Grant of Easement are each incorporated into the body of this Grant of Easement as if set forth in full.
GRANT OF EASEMENT. Grantor hereby grants to Grantee an easement (“Easement”) on, over and under that portion of the Grantor Property (“Easement Area”) as legally described in Exhibit A, and depicted in Exhibit B, for a public road for all public purposes, inclusive of the right to construct, reconstruct, maintain, and operate public utilities, and incidental uses thereto. The Easement shall attach to and run with the Grantor Property and shall benefit and burden any future owner or owners of the Grantor Property.
MAINTENANCE. Grantee, at its sole expense and cost, shall be responsible for necessary maintenance and repairs to the Easement Area. Grantee at all times shall ensure the Easement Area is maintained in a safe manner and will immediately take steps to remedy any conditions on the Easement Area, which pose risk to the health and safety of others.
NON-INTERFERENCE. Grantee shall not interfere with Grantor’s use and quiet enjoyment of the remaining Grantor Property outside of the Easement Area. Grantee acknowledges and understands that the Easement Area is located near an elementary school and shall take all reasonable steps to minimize disruption of student instruction when performing any construction, maintenance, repairs, operation, or other activity on the Easement Area.
ACCEPTANCE. Grantee shall evidence its acceptance of the Easement by execution and acknowledgment of a Certificate of Acceptance pursuant to California Government Code section 27281, substantially in the form attached hereto as Exhibit C.
RECORDING. Grantee shall record this Grant of Easement in the Official Records of Monterey County. Grantee agrees to pay for all documentation and recording fees (if any) required to complete the recordation of this Grant of Easement.
COSTS AND EXPENSES. As consideration for Grantor’s grant of the Easement to Grantee, Grantor hereby agrees to reimburse Grantee for all legal fees incurred by Grantor in connection with the drafting, negotiating, or reviewing of this Grant of Easement and Exhibits hereto, resolutions required for approval of this Grant of Easement by Grantor’s governing board, and any other documentation as may be required regarding the Grant of Easement.
INDEMNIFICATION. Grantee agrees to indemnify, defend, and hold harmless Grantor, its governing board, governing board members, employees, administrators, agents, officers, or invitees (“Grantor Parties”) from any and all loss or expense, costs, claims, suits, or damages, including attorney’s fees, arising out of any acts, errors or omissions in connection with the performance of this Grant of Easement or use of the Easement Area by any person(s), except to the extent such actions or claims are the result of gross negligence or willful misconduct by Grantor Parties.
ENTIRE AGREEMENT. This Grant of Easement constitutes the entire agreement between the Grantor and Grantee relating to the subject matter herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Grant of Easement are of no force and effect. Any amendment to this Grant of Easement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee.
NOTICES. Any notice, request, demand, approval, consent, instruction or other communication to be given to Grantor or Grantee hereunder shall be delivered by personal service, regular mail, certified mail, overnight mail with proof of delivery, facsimile with proof of transmission, or by email provided receipt is acknowledged as follows: The addresses for the purposes of this Section may be changed by giving written notice of such change in the manner provided herein for giving notice. Unless and until such written notice is received, the last address and addressee as stated by written notice, or as provided herein if no written notice of change has been sent or received, shall be deemed to continue in effect for all purposes hereunder.
To Grantor:
Santa Rita Union School District
Attn: Chief Business Official
57 Russell Road
Salinas, CA 93906
Facsimile:
Email:
With a Copy to:
Lozano Smith, Attorneys at Law
Attn: Claudia P. Weaver, Esq.
4 Lower Ragsdale Drive, Suite 200
Monterey, CA 93940
Facsimile: 831-646-1801
Email: [email protected]
To Grantee:
City of Salinas
Attn: City Engineer
200 Lincoln Avenue
Salinas, CA 93901
Facsimile: 831-758-7935
With a copy to:
City of Salinas
Attn: City Attorney
200 Lincoln Avenue
Salinas, CA 93901
COMPLIANCE WITH LAW. In exercising the rights granted by this Grant of Easement, Grantee shall comply with all applicable state, federal, and local laws and regulations.
GOVERNING LAW. This Grant of Easement shall be construed and governed in accordance with the laws of the State of California, without regard to principles of conflicts of law.
ATTORNEYS’ FEES. In the event of any legal proceeding arising out of or relating to this Grant of Easement, the prevailing party, as declared by a court or adjudicatory body with competent jurisdiction over the matter, shall be entitled to recover its reasonable attorneys’ fees and expenses (including expert witness fees) arising from the proceeding. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment.
REQUIRED ACTIONS. Grantor and Grantee agree to execute such documents and instruments and to diligently undertake such actions as may be required in order to consummate the transaction as herein contemplated.
COUNTERPARTS. This Grant of Easement may be executed on one or more counterpart versions, which, when taken together, shall constitute one original version of the Grant of Easement. Photocopies of this Grant of Easement or of execution signatures on this Grant of Easement, or copies made by comparable means (including copies made by facsimile), shall be equivalent to originals.
AMENDMENT. No amendment, supplement, or modification of this Grant of Easement shall be binding unless executed in writing by the parties and recorded in the Official Records of Monterey County.
WARRANTY OF AUTHORITY. Each person warrants and guarantees that s/he is legally authorized to execute this Grant of Easement on behalf of the designated entity and that such execution shall bind the designated entity to the terms of this Grant of Easement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of Easement on the dates set forth below. [Signatures appear on following page]
CITY OF SALINAS:
SANTA RITA UNION SCHOOL DISTRICT:
By: ______________________________
By: ______________________________
Name: Kimbley Craig
Name: Melissa Alderman
Title: Mayor
Title: Superintendent
ATTEST
_______________________________
Patricia M. Barajas
City Clerk
APPROVED AS TO FORM:
_______________________________
Christopher A. Callihan
City Attorney
EXHIBIT A
Legal Description of Easement Area
EXHIBIT B
Depiction of Easement Area
EXHIBIT C
Exhibit C - Certificate of Acceptance
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify acceptance of the interests conveyed by the attached Grant of Easement from the Santa Rita Union School District, a California public school district, to the City of Salinas, a California municipal corporation (“City”), dated March 22, 2022, and consent by City to recordation of this Grant of Easement by its duly authorized officer pursuant to the authority conferred on the City by the California Constitution.
Dated this ___ day of___________, 20__, at ________________, California.
CITY OF SALINAS,
a California municipal corporation
By: ______________________________
Name: Kimbley Craig
Title: Mayor
ALL PURPOSE ACKNOWLEGMENT
(attach Notary Public Acknowledgment)
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