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GRANT OF EASEMENT AND AGREEMENT
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No recording fee pursuant to Government Code §6103
THIS AGREEMENT, made this day of , 2010, by and between the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as “Grantor”, and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter referred to as “Grantee”.
WHEREAS, Grantee desires to acquire a certain easement (“Easement”) in a portion of Grantor’s property commonly known as (041-320-120)
The parcel of land bounded (a) on the westerly side by the easterly boundary line of Paul Scannell Drive and by the easterly boundary line of Lessingia Court and its southerly prolongation thereof, (b) on the easterly side by the easterly boundary line of Tower Road and its southerly prolongation thereof, and (c) on the southerly side by the northwesterly boundary line of State Highway 92, (the “Land”), which easement is described in Exhibit “A for one or more underground pipes with valves, regulators, vaults and other appliances, fixtures and appurtenances, suitable service pipes and connections, as second party deems necessary, for the conveyance of gas to be installed within the strips of land of the uniform width of 15 feet, the center lines of which are delineated by the heavy dashed lines shown upon the print of second party's Exhibit “A”, labeled “Centerline of 15ft wide transmission and distribution gas easement”, and made a part hereof. (“Easement Area”).
NOW, THEREFORE,
1. Grantor hereby grants to Grantee a nonexclusive easement over/under/on/across the Land located as described in Exhibit A for so long as the Easement Area is used exclusively to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type specified above, together with a right of way therefor, within the Easement area, and also ingress thereto and egress therefrom, provided that the utility conduits are buried at least five (5) feet below the surface of Grantor’s land. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such use/uses does/do not unreasonably interfere with the rights herein granted.
2. Grantee shall maintain its improvements constructed or installed thereon by Grantee or associated with Grantee’s use of the Easement Area in good repair. The operation and maintenance of such improvements and of the Easement Area shall be at Grantee’s sole cost and expense.
3. This Easement is subject to all existing liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Land, whether or not of record. The use of the word “grant” shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area.
4. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements relating to the operation and maintenance of Grantee’s facilities at Grantee’s sole cost and expense.
5. Grantee shall not cause the release of any hazardous material or toxic waste or other harmful substances on the Land or on any other real property of Grantor adjacent to the Easement Area.
6. Grantor may relocate the Easement if in the opinion of Grantor it unreasonably interferes with the present or future use by Grantor of Grantor’s land. The first such relocation shall be at Grantee’s sole cost and expense with any subsequent relocation at Grantor’s expense; provided, however, that Grantor shall provide to Grantee a substitute Easement Area reasonably suited to Grantee’s needs at no cost to Grantee.
7. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such reasonable procedures on Grantor’s property as result in the least damage and inconvenience to Grantor.
8. Grantee shall be responsible for any damage to Grantor’s property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore nearly as practicable to its original condition any of Grantor’s property, including, but not limited to, roads, utilities, buildings and fences that may be altered, damaged or destroyed in connection with the exercise of the Easement or use of the Easement Area; provided, however, Grantee may, upon approval in writing by Grantor, trim or cut down trees and brush that interfere with or are a hazard to the facilities installed hereunder, or as is necessary to comply with applicable state or federal regulations.
9. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee’s, its contractors’, agents’, officers’, members’, employees’, invitees’, or licensees’ exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers, employees, agents, students, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused by the willful or active negligent acts or omissions of Grantor.
10. Grantor may terminate this Easement and all of the rights granted herein any time after six (6) months of continuous non-use of the Easement or the Easement Area by Grantee. In the event of such termination, the Easement shall be quitclaimed from Grantee to Grantor, without expense to Grantor, and any and all interest in Grantor’s Land conveyed in this Easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. Upon written demand by Grantor, Grantee shall remove within a reasonable amount of time any and all improvements it installed in, on, under or above the Easement Area. At the option of Grantor, all such improvements shall become the personal property of Grantor at no cost to Grantor.
11. Grantee alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against Grantee’s interest in the Easement Area, or against any of Grantor’s real property as a result of the Easement herein granted. Grantee shall not cause liens of any kind to be placed against the Easement Area or any of Grantor’s real property; provided, however, in the event any mechanics’ liens are placed on the Property in connection with Grantee’s use or activities, Grantee shall , upon receiving written notification of Grantor of such mechanics’ lien, diligently pursue all necessary actions to remove such liens from title, either by payment or by recording a lien release bond in the manner specified in California Civil Code Section 3143 or any successor statute.
12. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged.
13. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
GRANTOR: COUNTY OF SAN MATEO, a political subdivision of the State of California
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF _________________)
On _______________________ before me, ___________________________ , a notary public in and for said County and State, personally appeared ____________________________________ personally known to me (or 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.
WITNESS my hand and official seal.
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Rev. 9/29/99 (Signature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF _________________)
On _______________________ before me, ___________________________ , a notary public in and for said County and State, personally appeared ____________________________________ personally known to me (or 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.
WITNESS my hand and official seal.
_________________________________
Rev. 9/29/99 (Signature of Notary Public)
Attach to LD 2305-04-2135
Area 1, Peninsula Division
San Jose Land Service Office
Operating Department: gas distribution
USGS location: T5S, R4W, MDM
NW4 of SW4 of Sec. 8
FERC License Number(s): N/A
PG&E Drawing Number(s): SJL-14717
PLAT NO. 13-3277-C04
LD of any affected documents: NA
LD of any Cross-referenced documents: NA
TYPE OF INTEREST: 5, 53
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed) None
Order # or PM #: 30676310
JCN: 22-09-132
County: Santa Clara
Utility Notice Numbers: N/A
851 Approval Application No. N/A Decision N/A
Prepared By: lnv5
Checked By:
