15196888.2/038201.0010
EXHIBIT A – DRAFT UTILITY EASEMENT AGREEMENT
Recording Requested By:
City of South San Francisco
No Fee for recording pursuant to Government
Code Sections 6103 and 27383
When Recorded Mail To:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
SPACE ABOVE THIS LINE FOR RECORDER’S USE
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (this “Easement Agreement”) is entered into as of the _____ day of __________, 2025, by and among the City of South San Francisco a municipal corporation (“Grantor”), and Intermountain Infrastructure Group, LLC, a Delaware limited liability company with offices at 533 Airport Blvd, Suite 400, Burlingame, CA, 94010 & 171 4th Ave WN, Kalispell, MT 59901 (“Grantee”). Grantor and Grantee are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
RECITALS
A. Whereas, Grantor is the current fee owner of that certain real property located at:
201 West Orange Avenue, South San Francisco, California (APN 093-331-110) and legally described in Exhibit A (the “Grantor Property”).
B. Whereas, Grantee desires to obtain an appurtenant utility easement over a portion of the Grantor Property, for the purpose of installing, operating, maintaining, accessing and repairing its fiber lines, as more particularly described herein.
C. Whereas, Grantor is willing to grant to Grantee an easement over such portion of the Grantor Property as legally described in and more particularly described by the plat in Exhibit B.
NOW, THEREFORE, Grantor and Grantee, intending to be legally bound, covenant and agree for themselves and their successors and assigns as follows:
1. Grant and Purpose of Easement. Subject to the terms and conditions of this Easement Agreement, Grantor, for itself, its heirs, personal representatives, successors, and assigns hereby grants to Grantee, its heirs, personal representatives, successors, assigns, lessees, -2-
sublessees, licensees, customers, agents, and other party by or through Grantee a perpetual nonexclusive appurtenant easement 5 feet in width, being 2.5 feet from the center of fiber line depicted on the plans in Exhibit C on, over, under and across that portion of the Grantor Property described in Exhibit A and depicted on Exhibit B (the “Easement Area”) for installation, maintenance, operation, access, and repair of fiber lines and conduit. Grantee may construct or install any aboveground or below-ground additional improvements in the Easement Area including but not limited to poles, lines, vaults, and other associated equipment. Grantor hereby specifically reserves the right to use the Easement Area for other uses which do not interfere with the use of the Easement for the purposes described herein. Grantee reserves the right to modify improvements different from those depicted on Exhibit C as reasonably necessary to achieve Grantee’s purposes in running fiber lines through the Easement Area.
2. Installation of Conduit and Fiber. Grantee shall install, maintain and repair the fiber lines and conduit in the Easement Area in compliance with all applicable law and in a good and workmanlike manner. All work in the Easement Area shall be performed by contractors holding all necessary licenses and permits to perform such work and Grantee shall be responsible for obtaining all such permits and paying any fee or expense required to obtain or carry out the terms and conditions of the permits. Grantee shall keep the Easement Area and the Grantor Property free of mechanic’s liens and other encumbrances arising from the acts or omissions of Grantee, its employees, agents, contractors and others within its control.
3. Use. Grantee may use the Easement for (a) ingress and egress over and across Grantor Property to and from the Easement; (b) the right to clear and keep cleared all trees, roots, brush, and other obstructions located in and around the Easement which may interfere with Grantee’s use of the Easement; (c) a right-of-way; (d) to place utility wires in the Easement Area; and (e) to use the Easement Area for all other activities incidental to the Easement.
4. Ingress and Egress. Grantee shall be permitted access to the Easement Area over and across the Grantor Property to perform improvements, maintenance and repairs as further described herein. Grantee agrees not to interrupt Grantor's use of the Grantor Property, and if such interruption is necessary, such interruption shall be temporary in nature and designed to limit any interruption of access to and from the remaining lands of Grantor.
5. Repair of Damages. Grantee shall restore and repair all disturbance and damage to the Grantor Property, including, but not limited to, roads, driveways, landscaping and fences, growing crops, resulting from Grantee’s exercise of its rights granted hereunder to the condition in which it existed as of the commencement of Grantee’s activities on the Grantor Property. This provision shall not be construed to require removal of Grantee’s improvements in the Easement Area.
6. Representations, Warranties, and Additional Covenants. a. Grantor represents and warrants that it is the fee simple owner of the Grantor Property and that it has the lawful right and authority to grant the Easement conveyed herein insofar as such grant relates to that owner’s respective property, and that Grantee shall peaceably and quietly hold and enjoy the Easement without interference, hinderance, or obstruction by any party -3-
whatsoever.
b. Grantor shall not create, grant, or permit any claim, lien, liability, encumbrance, easement charge or restriction on the title to the Easement that would adversely affect Grantee’s use and enjoyment of the Easement or the rights granted hereunder.
c. Grantee shall defend, indemnify and hold harmless Grantor and assigns from and against any claims, liabilities, losses or expenses (including without limitation reasonable attorneys’ and professionals’ fees and costs), resulting or arising from the exercise of the rights granted under this Easement Agreement by Grantee, its employees, agents and contractors, or others within its control.
7. Not a Public Dedication. The Easement granted hereunder is solely for the purposes described herein and nothing in this Easement Agreement is intended to create, nor shall be deemed or construed to create, any rights in the other utility providers or general public to use the Easement or any other property within the Grantor Property.
8. Easement No Longer Required. In the event Grantee, in its sole discretion, determines the Easement is no longer required, Grantee shall execute and record a quitclaim deed extinguishing its interest in the Easement in exchange for adequate consideration, as mutually agreed, by Grantor.
9. Successors and Assigns. The Parties to this Agreement hereby acknowledge and agree that the Easements and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the Parties and their respective grantees, heirs, successors and assigns. The Parties’ respective rights and responsibilities under this Agreement are transferrable without restriction.
10. Entire Agreement; Severability. This Easement Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof. Any provision that is found to be unenforceable shall not affect the remaining provisions of this Agreement, but rather such provision shall be severed and the remainder of this Agreement shall remain in full force and effect.
11. Attorneys’ Fees. If any Party commences litigation or other legal proceedings against any other Party for a default hereunder or to enforce the provisions hereof, the prevailing Party in any such proceeding shall be entitled to recover from the non-prevailing Party its costs and expenses, including reasonable attorneys’ fees, expert witness fees, court costs, and other litigation related expenses, with such attorneys’ fees to be determined by the court and not a jury in any such litigation.
12. Notices. Any notice, consent, or approval required or permitted to be given under this Agreement shall be in writing and shall be given by (i) hand delivery, against receipt, (ii) reliable next-business-day courier service that provides confirmation of delivery, or (iii) United States registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or to such other address as either party may from time to time specify in writing to the other upon five (5) days prior written notice in the manner provided above):
-4-
To Grantor: City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attn: City Manager and Assistant City Manager
To Grantee: Intermountain Infrastructure Group, LLC
533 Airport Blvd., Suite 400
Burlingame, CA 94010
Attn: Legal Department
A properly addressed notice transmitted by one of the foregoing methods shall be deemed received upon confirmed delivery, attempted delivery, or rejected delivery. Facsimile numbers are provided above for convenience of communication only; neither party may give official or binding notice by facsimile.
13. Governing Law. This Easement Agreement shall be governed by the laws of the State of California.
14. Counterparts. This Easement Agreement may be executed in two or more counterparts, each of which may contain fewer than all signatures but all of which, combined, shall constitute a single instrument. The Parties are authorized to attach the separate signature pages to a single Easement Agreement.
-5-
IN WITNESS WHEREOF, the Parties hereto have executed this Easement Agreement as of the date first written above.
GRANTOR
City of South San Francisco
By:
Sharon Ranals
City Manager
ATTEST:
By:
Rosa Acosta
City Clerk
APPROVED AS TO FORM:
By:
Sky Woodruff
City Attorney
GRANTEE
Intermountain Infrastructure Group, LLC
By:
Name:
Its:
EXHIBITS:
Exhibit A – Legal Description of Property
Exhibit B – Legal Description and Plat of Easement Area Exhibit C – Plans for Easement
-6-
Insert California Notary
-7-
Insert California Notary
-8-
EXHIBIT A
Legal Description of Property
-12-
EXHIBIT B
Legal Description and Plat of Easement Area
SHEET 1 OF 2
EXHIBIT “A”
LEGAL DESCRIPTION
UTILITY EASEMENT
LANDS OF CITY OF SOUTH SAN FRANCISCO
APN 093-331-110
AN EASEMENT OVER REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, BEING OVER A PORTION OF LANDS OF THE CITY OF SOUTH SAN FRANCISCO AS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FILED ON NOVEMBER 10, 2016 AS DOCUMENT NUMBER 2016-118522, IN THE OFFICE OF THE SAN MATEO COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY FIVE (5) FEET OF SAID LANDS.
CONTAINING 450 SQUARE FEET, MORE OR LESS.
A PLAT, ENTITLED EXHIBIT ‘B’, IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY SUPERVISION _____________________________ ________________
ANNE – SOPHIE TRUONG, PLS 8998 DATE
Preliminary 09/02/2025 11:43:03 AM Preliminary 09/02/2025 11:43:11 AM D
Preliminary D
09/11/2025 9:22:35 AM
-15-
EXHIBIT C
Plans for Easement
W W W W W W W W
W
W
W
W W W W W W W
G
40'
11' 9' 16' 4'
W
W
W W
W
W
G E G
G G G G G G G G G
G
G G G G G G G G G
G
G G G
S S S S S S S W
G G
E E E
E E P/L P/L P/L
G S
SD SD 41 00 40
00 G G G G G G G G G
40 50 P/L P/L P/L P/L
APN: 014-143-020 APN: 014-143-030 APN: 014-143-050
APN: 014-041-160 APN: 014-143-999 APN: 093-331-110
201 W. ORANGE AVE.,
SOUTH SAN FRANCISCO APN: 093-331-090
IIG TO INSTALL BY DIR. BORE 520'
(2) 2" HDPE SDR-11 (MCI),
(2) 2" HDPE SDR-11 (CITY) &
(3) 1.25" HDPE SDR-11 (IIG)
FROM VAULT TO BORE PIT
MIN. DEPTH OF 36"
UNDER SEGMENT
(SAN_BRN-LOOP_UG-03_SSF)
C/L
DWY DWY
DWY
SIDEWALK SIDEWALK SIDEWALK
DRIVEWAY R/W CURB C/L CURB R/W
R/W
C/L
CURB
R/W
R/WCURB C/L CURB R/W
CURB SIDEWALK DWYDWY
DIRT CONC. S/W
GRASS AREA DIRT
POTHOLES
POTHOLE POTHOLE
207 W. ORANGE AVE., SOUTH SAN FRANCISCO
CURB
R/W
R/W
POTHOLE
EXIST. 60" C.S.P.L. NO.3
(S.F.W.D) GAS LATERAL
EXIST. 60" C.S.P.L. NO.2
(S.F.W.D)
6'' VCP SEWER LINE
6'' VCP SEWER
LINE
WATER LINE
GAS LINE
ABND. GAS LINE
POTHOLE
IIG TO INSTALL BY OPEN TRENCH 21'
(2) 2" HDPE SDR-11 (MCI)
(2) 2" HDPE SDR-11 (CITY) &
(3) 1.25" HDPE SDR-11 (IIG)
FROM BOUNDARY LINE TO BORE PIT
MIN. DEPTH OF 36"
UNDER SEGMENT
(SAN_BRN-LOOP_UG-03_SSF) 5'
R200'
POTHOLE
POTHOLES
POTHOLES
9'
3' 10'' VCP
SEWER
LINE
IIG TO INSTALL BY DIR. BORE 77'
(2) 2" HDPE SDR-11 (MCI)
(2) 2" HDPE SDR-11 (CITY) &
(3) 1.25" HDPE SDR-11 (IIG)
FROM BORE PIT TO VAULT
UNDER SEGMENT
(SAN_BRN-LOOP_UG-03_SSF)
7' 5' 5' 22' 2'
CS W2 CS W1 BART STRUCTURE
R6'
R100'
SEE BORE PROFILE "4"
SHEET 10
39 66
39 00 00 50
44 18
00 50 41 37 42 00 42 50 43 00 43 50 44 00 44 50
00 00 42 74
01 00
39 50 39
3739
40 39
49 39
36 41 50
00 55
00 61
41 63
00 00 41 44 41 57 40
57 00 22
VAULT
SUMP PUMP
STRUCTURE
60'
10'
20'
20'
10'
120 W. ORANGE AVE.,
SOUTH SAN FRANCISCO
APN: 014-143-010 20' 36' 6' 68' 6'
SEE DETAIL "1"
SHEET 4
APN: 014-037-080 3'
1' 8' 9'
60'
PROPOSED 2'x5'
BORE PIT
POTHOLES
TIE INTO IIG ROUTE
SEGMENT
(ASBUILT_
SAN-BRN-LOOP
_UG-03_SSF)
3 1041 18
POTHOLES
1 9
R6'
R200'
10' 20' 20' 10'
IIG TO INSTALL BY OPEN TRENCH 102'
(2) 2" HDPE SDR-11 (MCI),
(2) 2" HDPE SDR-11 (CITY) &
(3) 1.25" HDPE SDR-11 (IIG)
FROM STA. 39+49 TO BOUNDARY LINE
UNDER SEGMENT
(SAN_BRN-LOOP_UG-03_SSF)
IIG TO INSTALL BY OPEN TRENCH 81'
(2) 2" HDPE SDR-11 (MCI),
(2) 2" HDPE SDR-11 (CITY) &
(3) 1.25" HDPE SDR-11 (IIG)
FROM BOUNDARY LINE TO BOUNDARY LINE
UNDER SEGMENT
(SAN_BRN-LOOP_UG-03_BART) 3' 3' 4'2'
ALL PROPOSED EXCAVATION WORK WITHIN
2' OF EXISTING SUBSTRUCTURES RUNNING
IN PARALLEL SHALL BE HAND DIG TO AVOID
SUBSTRUCTURE CONFLICTS OR RISK
DAMAGING EXISTING STRUCTURES
90°
90°
SEE DETAIL "2"
SHEET 4
SEE DETAIL "2"
SHEET 4
POTHOLE
PLACE (1) 3'x5' SHARED VAULT
IN SIDEWALK
LAT: 37°39'06.8"N
LONG: 122°25'37.0"W 1
DISCLAIMER NOTE:
CONTRACTOR TO HIRE A PROFESSIONAL
SURVEYOR FOR PURPOSES OF STAKING
AND RIGHT OF WAY VERIFICATION.
39 68
40 32 41 65
(811)
48 HOURS BEFORE YOU DIG
UNDERGROUND SERVICE ALERT
CALL TOLL FREE
DIGALERT
Know what's below.
Call before you dig.
LOCATION:
SHEET
7 OF 10 DESIGN: IC - R.K.C/E.B DATE: 03-12-2025
PLAN REVISIONS
REV. DATE DESCRIPTION BY
1 03-12-2025 SSF COMMENT IIG
R
Intermountain Infrastructure Group
APPLICANT: ALONG W. ORANGE AVENUE FROM
±247' SOUTHWEST OF MEMORIAL
DRIVE TO ±150' NORTHEAST OF N.
CANAL STREET
ENGINEER'S STAMP: N
8 SEE SHEET TO MATCH SURVEY STA. 44+99
PLACE A 12" AWG SOLID (0.0808" DIAMETER)
TRACER WIRE ALONG WITH THE CONDUIT
INSTALLATION TO BE TERMINATED ON AN
ACCEPTABLE TERMINATION BLOCK IN EACH
HANDHOLE/MH LOCATION
CONSTRUCTION NOTE :
NOTE:
EXACT LOCATION OF UTILITY LINES AND THEIR
DEPTHS ARE UNKNOWN. CONSTRUCTION TO
POTHOLE AND VERIFY.
0' 10' 20' 40'
APN: 014-112-040
NOTE:
CONSTRUCTION TO ACCURATELY LOCATE BART
TUNNEL STRUCTURE AND THE EXCAVATION SUPPORT
SYSTEM PRIOR TO DRILLING.
EXIST. (2) CONC. MANHOLES
UNDER SEGMENT
(ASBUILT_SAN-BRN-LOOP
_UG-03_SSF)
BART CIVIL SHALL BE PRESENT
DURING EXCAVATING WITHIN
THE BART TUNNEL LIMITS.
CONSTRUCTION NOTE :