RECORDING REQUESTED BY
City of Santa Rosa
(
Exempt from Recording Fees pursuant to
Government Code Section 27383)
AND
WHEN RECORDED RETURN TO:
C
ity of Santa Rosa
Public Works Department
69 Stony Circle
Santa Rosa, CA 95401
AP
N: 180-190-001 SPACE ABOVE THIS LINE FOR RECORDER'S USE TER
MINATION OF EASEMENT/QUITCLAIM
(Sewer Easement)
T
his Termination of Easement (“Easement Termination”) is entered into at Santa Rosa, California by and between City of Santa Rosa, a municipal corporation, hereinafter referred to as the “City”; and The Vigil Light, Inc., a California nonprofit corporation, hereinafter referred to as the “Owner”.
RE
CITALS:
W
HEREAS, Owner is the current owner of real property located in the County of Sonoma, State of California, commonly known as 1945 Long Drive, Santa Rosa, Sonoma County Assessor Parcel Number 180-190-001; and
W
HEREAS, Owner is the successor in interest to the former owner of the property, Theron L. Hedgpeth and Ruth L. Hedgpeth, his wife; and
W
HEREAS, the City holds an easement for sewer purposes over a portion of the property granted by the former owner pursuant to that certain Deed-Easement recorded on May 23, 1956 in Book 1441 at Pages 3 through 5, Official Records of Sonoma County (the “Deed”); and W
HEREAS, there is a sewer line remaining in the ground that is of no further use to the City because the public utility was relocated and Owner has expressed an interest in taking responsibility for the line as-is for private use, and to hold the City harmless from and against any current or future maintenance, harm, or other issues that may arise; and
W
HEREAS, the City and Owner intend by this Termination of Easement/Quitclaim to terminate that portion of the easement described and depicted in Exhibits A and B attached hereto and transfer all right, interest, and responsibility for the remaining sewer line.
Exhibit A to
Resolution 2
NOW THEREFORE, FOR VALUABLE CONSIDERATION RECEIPT OF WHICH IS
HEREBY ACKNOWLEDGED AND IN CONSIDERATION OF THE TERMS,
COVENANTS BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Termination of Easement. The easement for sewer purposes over a portion of the property, described and depicted in Exhibits A and B attached is hereby terminated. Owner is released from any and all obligations to allow the City to utilize this easement area as an area for a sewer. Owner agrees to take ownership of the sewer line as-is and acknowledges that City will have no further responsibility for the sewer line’s maintenance.
2. Hold Harmless. Owner hereby acknowledges and accepts the sewer line in as-is condition.
Owner also accepts that it is entirely Owner’s responsibility to ensure that the as-is sewer line is inspected and repaired prior to further use and will undertake such maintenance at its own expense. Furthermore, given these circumstances, Owner will and does hold the City entirely harmless from any damage or injury, whether monetary or bodily, that may occur with respect to the sewer line or this Easement Termination.
3. Counterparts. This Termination of Easement may be executed in one or more counterparts, each of which shall constitute an original, and all of which, taken together, shall constitute one and the same document.
4. Recitals. The facts stated in the recitals of this Termination of Easement form the basis of this Termination of Easement and shall be considered a part of this agreement and are incorporated herein by reference.
5. Governing Law. This Termination of Easement shall be construed in accordance with and governed by the laws of the State of California.
[Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Termination of Easement on the dates specified below their respective signatures.
OWNER:
The Vigil Light, Inc.,
a California nonprofit corporation
By: Date:____________________________
Print Name:
Its:
By: Date:____________________________
Print Name:
Its:
CITY:
City of Santa Rosa,
a California municipal corporation
By: Date:____________________________
Print Name:
Its:
Approved as to Form:
By: _______________________________ Date:____________________________ City Attorney’s Office