HomeMy WebLinkAbout102-Attachment 1 - SJWC easement.pdf
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RECORDING REQUESTED BY:
San Jose Water Company
AFTER RECORDATION RETURN TO:
San Jose Water Company
1265 South Bascom Avenue
San Jose, CA 95128
Attn.: Jesse Hawkins
DOCUMENTARY TRANSFER TAX:
None
APN: 503-26-044
THIS SPACE FOR RECORDER'S USE
RIGHT OF WAY EASEMENT AGREEMENT
This right of way easement agreement by and between the CITY OF SARATOGA (Grantor) and
SAN JOSE WATER COMPANY, a California corporation (Grantee) with reference to a portion
of Assessor’s Parcel Number 503-26-044 (the “Agreement”) as described in more detail in
Exhibits A and B attached and made a part hereof (the “Property”) as follows:
1. Grantor is owner of assessor’s parcel number 503-26-044 in the County of Santa Clara,
State of California. The Property is a portion of this parcel and is a private road known
as “Wildwood Way” shown on the Record of Survey Map entitled “Map Showing the
Location of a Private Road in Lot 5 of the Subdivision No. 1 of the Mary Springer Tract,”
filed on October 8, 1964. The Property is currently used for various utility purposes
including, but not limited to, water, sanitary service, gas, and electric.
2. Grantor, for and in consideration of the sum of one (1) dollar, in lawful money of the
United States of America, to it in hand paid by Grantee, the receipt whereof is hereby
acknowledged, does hereby present and grant to Grantee and to its successors and
assigns forever with respect to the Property:
The right and privilege of excavating for and laying of pipelines as and when and
as often as the same may be desirable in the opinion of Grantee, together with all
fittings, connections and appliances which Grantee may desire to install in
connection therewith, for the transmission and distribution of water and also the
right of maintaining, using and replacing and/or enlarging the same for such
purposes and also the right and privilege of relaying, repairing, removing and/or
renewing the same, using pipe, fittings, connections and/or appliances either of
the same size or sizes as may first be installed or of any other size or sizes and
also a right-of-way along the same, upon, in, through, along and across the
Property.
3. The foregoing rights and privileges hereinabove granted are made upon the following
terms and conditions:
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a. Grantor shall neither construct nor permit to be constructed any building or any
other permanent structure on the Property, including but not limited to houses,
garages, outbuilding, swimming pools, ponds, tennis courts, retaining walls,
decks, patios or other concrete structures.
b. Grantor shall neither plant nor permit to be planted trees within said right of way.
c. Grantor shall neither change nor permit to be changed the grade over said right of
way.
d. Grantee shall exercise its rights hereunder in a manner consistent with the use of
the Property for such other utility uses as may be located thereon now and in the
future.
e. Grantee, at its sole cost, shall restore any damage to the surface of the Property
caused by Grantee’s construction or other work in the easement pursuant to this
Agreement, in order to leave Grantor’s Property in the condition that existed prior
to such construction or other work.
f. Grantee shall indemnify and defend Grantor against any loss, claim, or liability
arising out of or connected with the negligence of Grantee, its employees, agents
or contractors, relating to the construction, inspection, maintenance and use of the
Property pursuant to this Agreement.
g. Grantor shall indemnify and defend Grantee against any loss, claim, or liability
arising out of or connected with the negligence of Grantor, its employees, agents
or contractors, relating to Grantee’s use of the Property pursuant to this
Agreement.
4. Grantee acknowledges and agrees that the Property is to be accepted by Grantee in an “as
is” condition with all faults and defects (latent and apparent), including (without
limitation) environmental conditions. Grantor does not make any representations or
warranties of any kind whatsoever, either express or implied, with respect to the physical
and environmental condition of the Property or any of such related matters. Grantee
acknowledges that it is entering into this Agreement on the basis of Grantee’s own
investigation of the condition of the Property, including, without limitation, subsurface
and environmental conditions. Grantee assumes the risk that adverse conditions may not
have been revealed by its investigation. Except when Grantor and Grantee may from
time to time agree in writing that Grantor is obligated to make repairs or improvements to
the Property for the purpose of enabling Grantee to exercise its rights and privileges
under this Agreement, Grantor shall have no obligation to make any repairs or
improvements to the Property. Grantee acknowledges and agrees that the disclaimers,
releases, and other agreements set forth in this paragraph are an integral part of this
Agreement and that Grantor would not have agreed to grant an easement on the Property
to Grantee without the disclaimers, releases, and other agreements set forth in this
paragraph.
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5. The respective rights, covenants and conditions contained herein shall inure to the benefit
of and be binding upon the respective heirs, successors and assigns of the parties hereto.
In Witness Whereof, Grantor and Grantee have executed this Agreement the day and year last
below written.
GRANTOR:
Dated: ________________________________
CITY OF SARATOGA,
a municipal corporation,
By:___________________________________
Mayor
ATTEST:
By: __________________________________
City Clerk
APPROVED AS TO FORM
_____________________________________
City Attorney
GRANTEE:
Dated: ________________________________
San Jose Water Company,
a California corporation
_____________________________________
By: __________________________________
Its: __________________________________