RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
West Contra Costa Unified School District
1400 Marina Way South
Richmond, CA 94804
Attn: Associate Superintendent of Operations
APN: 412-050-001
Exempt from recording charges pursuant to
Government Code Section 27383; exempt from
documentary transfer tax pursuant to
California Revenue and Taxation Code
Section 11922.
SPACE ABOVE THIS LINE FOR
RECORDER’S USE ONLY
GRANT OF EASEMENT
THIS EASEMENT is entered into this ___ day of _________________________, 2023, by and between the WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, a California public school district (“District”), and the CITY OF SAN PABLO, a California municipality (“ City”).
District and City may be referred to herein individually as a “ Party” and collectively as the “Parties”.
RECITALS
A. District is the current owner of that certain real property located at 2700 11th Street, City of San Pablo, County of Contra Costa, State of California and commonly known as the Lake Elementary School site (“District Property”).
B. City is the owner of the municipal storm water drainage system which currently runs, in part, underneath a portion of the District Property and which the District plans to relocate as part of the District’s Lake Elementary School Modernization Project (“Storm Drain”).
C. City requires a non-exclusive easement on, over, under and through those portions of the D istrict Property, as legally described in Exhibit A and as depicted in Exhibit B (“Easement”) for access to the Storm Drain for the purpose of its operation, maintenance and repair. Exhibits A and B are incorporated herein and made a part hereof by reference.
D. District is willing to grant City, and City is willing to accept, this Easement on the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
2 AGREEMENT
1. Grant of Easement. District hereby grants and conveys unto City, its successors, assigns and agents, a non-exclusive easement on, over, under and through the District Property as set forth in Exhibits A and B for the purpose of operating, maintaining and repairing the Storm Drain. As used herein, “repairing” the Storm Drain may include removal, modification, reinstallation and/or replacement of Storm Drain components. City shall also have reasonable rights of ingress and egress, consistent with the purpose of this Easement, for the purpose of operation, maintenance and/or repair of the Storm Drain. City acknowledges that the District Property is an operating school site and agrees that City will use all reaso nable and practicable efforts to conduct any activity allowed hereunder at times and in a manner that does not unreasonably disrupt the educational programs taking place on the District Property.
1.1. The Parties acknowledge that certain private and public improvements exist in the Easement area as of the Effective Date and are planned to be constructed by the District as part of the District’s Lake Elementary School modernization project, Project No 1000003734. The Parties further acknowledge that District shall have the right to construct and/or install any and all other improvements within the Easement area, including, without limitation, roadways, paved driveways, parking and/or walkways; and landscaping, lighting and/or similar improvements; provided, however, the construction and maintenance of such improvements shall not adversely affect or otherwise substantially interfere with City’s use of the Easement, including, without limitation, obstructing any clean-outs of the Storm Drain. Any improvements constructed within the Easement area after the Effective Date shall be approved in writing by the City or the City shall have no obligation to repair or replace said improvements in the event the same are damaged or destroyed in connection with City’s use of the Easement.
1.2. This Easement and all covenants and restrictions contained herein shall, to the fullest extent permitted by law and equity and without regard to technical classifications or designations, be deemed to be covenants and restrictions running wit h the land of the District Property and shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors and assigns.
2. Operation, Maintenance & Repair Activities.
2.1. City shall provide District with thirty (30) calendar days’ prior written notice before commencing any maintenance or repair of the Storm Drain on the District Property; provided however, in the event that any emergency maintenance or repair needs to be performed, City will provide District with twenty-four (24) hours’ verbal notice, if reasonably feasible. City will use all reasonable and practicable efforts to conduct any activity allowed hereunder at times and in a manner that does not unreasonably disrupt the educational programs taking place on the District Property. City will comply with any fingerprinting and background check requirements requested by District if City’s activities hereunder occur at times District pupils are present on the District Property.
3 2.2. In the performanc e of any maintenance or repair of the Storm Drain all reasonable efforts shall be taken to avoid damage to the District Property including exploring and giving priority to any reasonable alternatives to perform the maintenance or repair without disturbing or causing damage to the District Property. Except as otherwise set forth in Section 1.1 hereof, in the event the District Property is disturbed or damaged during the performance of maintenance or repair by the City, City shall repair or cause to be repaired the District Property, to its then-existing condition at the time the maintenance or repair of the Storm Drain was performed.
City shall coordinate with District, and the Parties shall cooperate in conducting any repairs to the District Property.
3. Term of Easement. This Easement shall commence upon the date of its recording in the Official Records (“Effective Date”) and shall perpetually and continuously remain in effect unless sooner terminated or extinguished by mutual written agreement of the Parties. In the event the Parties mutually agree to terminate this Easement, the Parties agree to execute in a recordable form any document requested by either Party acknowledging the partial or complete termination of this Easement. In the event of termination of this Easement, City and its successors and assigns forfeit all right, title and interest in the Easement and such rights, title and interests shall revert back to District.
4. Notices. Any notice, request, demand or other communication required or permitted to be given under this Easement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the Party to whom notice is to be given (including messenger or recognized delivery or courier service) or on the second day after mailing, if mailed to the Party to whom notice is to be given, by first -class mail, postage prepaid, and properly addressed as follows:
District
West Contra Costa USD
Associate Superintendent of Operations
1400 Marina Way South
Richmond, CA 94804
(510) 231-1105
City
City of San Pablo
Attention: City Manager
1000 Gateway Avenue
San Pablo, CA 94806
(510) 215-3000
5. Amendment and Termination. This Easement may be amended only by a written agreement signed by the Parties.
6. Binding Effect . Unless terminated pursuant to the terms of this Easement, the provisions of this Easement shall constitute covenants running with the land with respect to the District Property and the Easement, respectively, for the reciprocal burden and benefit of those properties, and shall be binding on each successive owner, during their ownership, of any portion of the District Property and the Easement, respectively, and on each person or entity having any interest in this Easement derived through any owner of the District Property and the Easement, respectively.
4 7. Governing Law. This Easement, and the Parties’ performance under this Easement, will be exclusively governed by the laws of the State of California without regard to its conflict of law provisions.
8. Counterparts. This Easement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument.
9. Integration. This Easement contains the entire agreement of the Parties with respect to the subject matter described herein, and supersedes all previous communications, representations, under standings, and agreements, whether verbal, written, express, or implied, between the Parties with respect to the subject matter.
10. Authority. Each signatory below represents that signatory has the authority to bind the Party to this Easement on whose behalf the signatory is executing this Easement.
The Parties hereto have executed this Easement for the purpose of agreeing to be bound by the provisions hereof, as of the Effective Date.
WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT, a California public
school district
By:
Name:
Title:
Date:
CITY OF SAN PABLO, a California
municipality
By:
Name:
Title:
Date:
5 EXHIBIT “A”
LEGAL DESCRIPTION OF EASEMENT AREA
[TO BE INSERTED]
6 EXHIBIT “B”
DEPICTION OF EASEMENT AREA
7 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
S
TATE OF CALIFORNIA )
) SS.
COUNTY OF SOLANO )
On , 20 before me,
(insert name and title of the officer ) personally
appeared , who
proved to me on the basis of sa tisfactory 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.
Notary Public
Commission expires _____________, 20___
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.