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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
West County Wastewater District
2910 Hilltop Drive
Richmond, CA 94806
Attention: Michael Savannah
Exempt from Doc. Transfer Tax per R&TC § 11922 SPACE ABOVE THIS LINE FOR RECORDER’S USE Exempt from Recording Fee per Gov. C. § 6103
APN _______
SEWER EASEMENT AGREEMENT
This Sewer Easement Agreement (" Agreement") is dated April 3, 2023 (the " Effective Date") and is between the CITY OF SAN PABLO , a California municipal corporation ("Grantor"), and WEST COUNTY WASTEWATER DISTRICT, a sanitary district organized and existing pursuant to the Sanitary District Act of 1923, California Health and Safety Code Section 6400 et seq. (" WCW"). Grantor and WCW are each a " Party" and together are the "Parties."
Grantor is the owner of real prope rty commonly known as Moraga Road (" Property").
WCW intends to construct a sewer pipeline across the Property within the area described herein.
1. Grant of Sewer Easement. Grantor hereby grants to WCW, its agents, successors, and assigns, a non-exclusive easement in, on, over, under, through, along, and across the Property to construct, replace, upsize, remove, operate, maintain, and use sewer pipeline facilities and appurtenances (“ Sewer Easement ”), as described in Exhibit A and depicted in Exhibit B (the "Easement Area"). This Sewer Easement also includes the right of WCW and its agents to enter upon and to pass and repass over, along, and across the Property, and the right to deposit tools, implements, and other materials on the Easeme nt Area for the purposes described in this Agreement.
2. Installation, Maintenance and Repair/Replacement Activities. WCW shall provide Grantor with thirty (30) calendar days’ prior wr itten notice before commencing any installation, maintenance or repair/replacement of the sewer pi peline facilities and appurtenances within the Easement Area on the Property; provided, however, in the event that any emergency maintenance or repair needs to be performed, WCW will provide Grantor with twenty-four (24) hours’ verbal notice, if reasonably feasible. WCW will use all reasonable and practicable efforts to conduct any activity allowed hereunder at times and in a manne r that avoids causing damage to the Property and/or that avoids causing disrupt ion of use of Granto r’s Property. In the event the Property is damaged during the performance of any installa tion, maintenance, repair/replacement or use activities, WCW, at WCW’s sole cost and expense, shall repair or cause to be repaired the Property to its condition immediately preceding the damage. WCW shall coordinate with Grantor, and the parties shall cooperate, in the conduct of WCW’s repairs to the Grantor’s Property. WCW, and its successors and assigns, shall not ob struct, impede, or interfere with the rights of Grantor (and its successors and assigns) to the use of the Grantor’s Property. The rights of WCW are non-exclusive, and Grantor shall have full right and authority to use the Property and to grant other easements or
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rights to use the Grantor’s Prope rty, provided the same do not vi olate or unreasonably interfere with the rights of WCW under this Agreement.
3. Rights and Obligations of Grantor.
3.1 Grantor reserves the right of ownership, use and occupancy of the Grantor’s Property insofar as said ownership, use and occupancy does not violate or unreasonably interfere with the rights granted to WCW in this Agreement.
4. Rights and Obligations of WC W. Subject to the provisi ons of Section 2 of this Sewer Easement Agreement:
4.1 WCW may allow individuals, firms, associations, organizations, partnerships, business trusts, corporations, public agencies, and other entities and agents to access and enter upon the Easement Area to construct, replace, repair, upsize, operate, maintain, use, and remove sanitary sewer facilities and appurtena nces as WCW in its sole discretion deems reasonably required for sewer purposes.
4.2 WCW may clear away any and all obstr uctions in the Easement Area that WCW in its sole opinion deems to be a hazard to or interference with the construction, inspection, or maintenance of the sanitary sewer facilities and appurtenances. If WCW excavates or disturbs Grantor's Property while exercising any rights under this Agreement, WCW shall restore the areas, vegetation, fences, and structures to a condition r easonably similar to conditions existing prior to their disturbance by WCW. WCW will patch to i ndustry standards, any excavated areas in the parking lot, roads and sidewalks, and restore any disturbed hard- or soft-scaping.
4.3 WCW will have the right to mark the location of the Easement Area by suitable markers set in locations which will not interfere with Grantor's use of the Property.
5. Indemnification. WCW, and its successors and assigns, covenants and agrees to indemnify, defend and hold harmless Grantor, and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns (“Indemnitees”), from and against all claims, costs, expenses and liability (including reasonable attorneys’ fees and costs of suit) arising from or as a result of the use of the Grantor’s Property by WCW and its successors and assigns.
6. Notices. Formal notices, demands and communications between the Grantor and the WCW shall be in writing and sent to the following addresses, or at any other address as that party may later designate by notice, by one or more of the following methods:
a. Addresses/Fax Numbers
Grantor: City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94070
Attention: City Manager
Telephone: (510) 215-3016
Email: [email protected]
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WCW: West County Wa stewater District
b. Methods
(1) Certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the United States mail; or
(2) A nationally recognized overnight courier, by priority overnight service, in which case notice shall be deemed delivered one (1) business day after deposit with that courier; or
(3) Hand delivery with signed receipt for delivery from a person at the place of business of the receiving party and authori zed to accept delivery for the receiving party, in which case notice shall be deemed delivered upon receipt; or (4) Telecopy or facsimile transmission, if a copy of the notice is also sent the same day by United States certified mail, in which case notice shall be deemed delivered one (1) business day after the te lecopy or facsimile transmission, provided that a transmission report is automatically generated reflecting the accurate transmission of the notice to the receiving party at the fax number specified in paragraph a. above.
7. Run with the Land; Successors. This Agreement runs with the land, and is binding upon and will inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the Parties.
8. Authority. Each of the persons signing below on behalf of any party represents and warrants that she or he is signing with full and complete authority to bind the party on whose behalf she or he is signing.
9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, other than its choice of laws provisions.
10. Counterparts. This Agreement 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.
11. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings and agreements between the parties. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement shall be valid unless in writing and signed by the party against whom it is sought to be enforced.
[Signature Page Follows]
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The Parties are signing this Agreement as of the Effective Date.
CITY OF SAN PABLO
By________________________________
Name: Matt Rodriguez
Title: City Manager
APPROVED AS TO FORM:
By: ____________________________
Teresa L. Stricker
City Attorney
WEST COUNTY WASTEWATER DISTRICT
By: ________________________________
G e n e r a l M a n a g e r
APPROVED AS TO FORM:
By: ____________________________
General Counsel
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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 Contra Costa )
On ____________________, before me, ____________________________, a Notary Public, 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
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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 Contra Costa )
On ____________________, before me, ____________________________, a Notary Public, 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
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CERTIFICATE OF ACCEPTANCE
This is to certify that the attached Sewer Ea sement conveyed to the West County Wastewater District ("District") is hereby accepted by the District pursuant to authorization from the District's Board of Directors on _____________, and the District consents to th e recordation thereof by its duly authorized officer.
WEST COUNTY WASTEWATER DISTRICT
By: _____________________________
General Manager
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EXHIBIT A
Sewer Easement Description
EXHIBIT “A”
LEGAL DESCRIPTION
SEWER LINE EASEMENT (AREA 1)
SAN PABLO, CALIFORNIA
All that certain real property situate in the County of Contra Costa, State of California, being a portion of Moraga Street as described in that certain Resolution recorded in Book 2059 of Official Records, Pages 84-99 accepting deed of dedication from the United States of America to the City of San Pablo; being more particularly described as follows:
BEGINNING at a point on the northeasterly right-of-way of line of Moraga Street, said point being the northwesterly corner of that certain Parcel as described in Document No. 2021- 0312268 recorded November 10, 2021 in said County, said point also being the beginning of a curve to the right, concave to the southwest, having a radius of 268.41 feet and from which a radial line bears North 62°29’39” East;
Thence southeasterly along said right-of-way line and curve through a central angle of 13°33’17” a distance of 63.50 feet;
Thence leaving said right-of-way line and curve North 87°52’56” West, 30.34 feet;
Thence North 11°18’01” West, 95.11 feet;
Thence North 56°55’51” West, 71.05 feet;
Thence North 72°51’51” West, 210.00 feet;
Thence North 31°35’39” East. 5.57 feet to a point on a southerly line of the Lands of Contra Costa County Junior College District described in that certain document recorded April 13, 1953, in Book 2104 of Official Record at Page 1, said point being the beginning of a non-tangent curve to the right, concave to the south, having a radius of 268.41 feet and from which a radial line bears North 9°48’50” West;
Thence easterly along said right-of-way line and curve through a central angle of 6°39’18” a distance of 31.18 feet;
Thence North 31°54’20” East, 2.19 feet;
Thence South 72°51’51” East, 179.70 feet to a point on the northeasterly line of said northeasterly right-of-way of line of Moraga Street, said point being on the southwesterly line of that certain Remainder Parcel as described in Document No. 2021-0312268, said point also being the beginning of a non-tangent curve to the right, concave to the southwest, having a radius of 268.41 feet and from which a radial line bears North 36°05’06” East;
Thence southeasterly along said right-of-way line and curve through a central angle of 26°24’33” a distance of 123.72 feet to the POINT OF BEGINNING.
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EXHIBIT B
Sewer Easement Depiction