SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 015-35-012 and 015-35-033 (portions of)
SCVWD File No.
2027-3.1 and 3015-445.1
QUITCLAIM DEED
SANTA CLARA VALLEY WATER DISTRICT, a California Special District created by the California Legislature ("Grantor"), does hereby remise, release and forever quitclaim and release to CITY OF SUNNYVALE, a California chartered municipal corporation ("Grantee"), all that real property in the City of Sunnyvale, County of Santa Clara, State of California, more particularly described in EXHIBIT A and depicted on EXHIBIT B, both attached hereto and made a part hereof, which description is incorporated herein by this reference ("Property").
RESERVING unto Grantor an easement for flood protection and stormwater management purposes (“Easement”) in, upon, over, under and across the Property that is more particularly described as Parcel 2 in EXHIB IT A and depicted on EXHIBIT B ("Easement Area"). This Easement includes the right to construct, reconstruct, inspect, maintain, operate, and repair a channel, protection works, and appurtenant structures; to trim or remove such trees or brush within the Easement Area as may constitute a hazard to persons or property or may interfere with Grantor’s use of the Easement Area; and to carry out all other activities reasonably necessary for flood protection and stormwater management purposes. The Easement also includes the right to enter upon the Easement Area with vehicles, tools, implements, and other materials; to take from the Easement Area and/or use earth, rock, sand, dirt, or gravel for the construction, maintenance, and repair of said channel, protection works, and appurtenant structures by Grantor , its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary for flood protection and stormwater management purposes. Grantee shall keep Easement Area clear of any type of building, fences, structure, pavement, landscaping, underground or aboveground utility installations, trees or grading unless prior written approval, in the form of a permit, is obtained from the Grantor . Grantor shall not be required to obtain prior approval or permits from Grantee to exercise its easement rights.
Grantor, by this reservation, does not accept any obligation to repair or maintain any improvements constructed, operated or maintained by Grantee on the Property.
Grant
or agrees to indemnify and hold harmless Grantee from and against any and all claims, damages, liabilities, costs or any expenses whatsoever, arising from or caused, directly or indirectly by the entry onto the Property by Grantor or its officers, agents, and employees, and by
RECORD WITHOUT FEE UNDER
CA GOVT. CODE SEC. 6103
AFTER RECORDING RETURN TO:
City of Sunnyvale
Public Works Department
P.O. Box 3707
Sunnyvale CA 94088-3707
Attachment 3
persons under contract with it and their employees whenever and wherever necessary for purposes reserved herein by Grantor.
Gr
antee agrees to indemnify and hold harmless Grantor from and against any and all claims, damages, liabilities, costs or any expenses whatsoever, arising from or caused, directly or indirectly by the entry onto Grantor’s reserved easement described herein by Grantee or its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary.
SANTA CLARA VALLEY WATER DISTRICT
By:
Melanie Richardson, P.E.
Interim Chief Executive Officer
Atte
st: Candice Kwok-Smith
By:
Clerk of the Board
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