PERPETUAL EASEMENT AGREEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
ATTN: City Manager
No fee for recording pursuant to
Government Code section 27383
APN: 417-320-12 SPACE ABOVE THIS LINE FOR RECORDER’S USE 417-320-13
417-320-14
CHATTLETON PLACE PARTNERS, LLC, a California limited liability company, hereinafter called Grantor, hereby grants to CITY OF SAN PABLO, a California municipal corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use subsurface facilities and associated subsurface equipment for public utility purposes, including, but not limited to, domestic and irrigation water facilities within the easement area as hereinafter set forth, and also reasonable ingress thereto and egress therefrom in accordance with the notice provisions below, over and across the lands of Grantor situated in the City of San Pablo, County of Contra Costa, State of California, FURTHER DESCRIBED IN Exhibit A and shown on Exhibit B attached hereto and made a part hereof (hereinafter the “Easement Area”).
Grantor also grants to Grantee the temporary right to use such portion of said lands contiguous to said Easement Area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantee shall provide Grantor five (5) business days advance notice and be responsible for restoring such areas to the condition before Grantee accessed them. Grantor reserves the right to limit use of said lands contiguous to said Easement Area to the extent it is interfering with Grantor’s operations.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said Easement Area, or diminish or substantially add to the ground level within said Easement Area. If a fence is installed, Grantee shall be provided access as needed.
Any future maintenance, construction or replacement operations to be performed by Grantee on said lands shall be done in such a manner so as not to unreasonably interfere with Grantor's operations, and Grantee agrees to use reasonable efforts to provide notification for such
maintenance, construction or replacement except in such cases where such maintenance, construction or replacement operations must be performed due to emergency conditions. Such reasonable efforts to provide notification shall mean notif ication to the City at least five (5) business days in advance.
Grantee releases Grantor from any claims or liability arising from this easement and shall defend and indemnify Grantor against any loss and damage which shall be alleged to be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment.
Grantee certifies it is insured under a major risk management program with large self -insured retentions, with the minimum amount of $1,000,000 covering Grantee's use of the Easement Area under this grant. Grantee certifies its agents and contractors meet minimum requirements for insurance, licensing, and bonding depending upon the size of contract and risk level of work performed.
Formal notices, demands and communications between the Grantor and the Grantee 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:
Grantee: City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94070
Attention: City Manager
Telephone: (510) 215-3001
Fax Number:
(510) 215-3011
Grantor: Chattleton Place Partners, LLC
251 Pittman Road, Suite F
Fairfield, CA 94534
Attention: Inderpreet “Indy” Pahwa
Telephone: (510) 409-9373
Fax Number: (925) 891-3418
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: , 2024.
CHATTLETON PLACE PARTNERS, LLC., a
California limited liability company,
“GRANTOR”
By:
CITY OF SAN PABLO, a California
municipal corporation, “GRANTEE”
By
Matt Rodriguez, City Manager
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________________ )
On __________________, 2024 before me, _______________________________________, Notary Public, (insert name of officer)
personally appeared _______________________________________________________, who proved to me (insert name of signer for GRANTOR)
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 ______________________________ (SEAL)
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.
A
CKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________________ )
On __________________, 2024 before me, _______________________________________, Notary Public, (insert name of officer)
personally appeared _______________________________________________________, who proved to me (insert name of signer for GRANTOR)
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 ______________________________ (SEAL)
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.
EXHIBIT A
Exhibit A
Exhibit B
EXHIBIT B