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HomeMy WebLinkAbout52-99 r r RESOLUTION NO. 52-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS.APPROVING AND. AUTHORIZING EXECUTION OF EASEMENT AGREEMENT BETWEEN THE PURISSIMA HILLS WATER DISTRICT AND THE TOWN OF LOS ALTOS HILLS WHEREAS, the Town Council of the Town of Los Altos Hills ("Town") has considered that certain Easement Agreement Between the Purissima Hills Water District and the Town of Los Altos Hills ("Agreement"), between the Town and The Purissima Hills Water District ("District"). NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and Purissima Hills Water District. PASSED AND ADOPTED this 2nd day of September , 1999. • " By Mayo}! ATTEST: City Clerk . N:\DATA\Clients\L\LAH\Res\H2Oeas1.rut • RECORDING REQUESTED BY Purissima Hills Water District DOCUMENT: 15024841 Titles: ] / Pages: 15 AND WHEN RECORDED MAIL TO Fees. . . .* No Fees Name rPurissima Hills Water District , Taxes. . Street Attention: Lucy E. Xavier, District Secretary Cop i es. . Address 26375 Fremont Road a4361502441a AMT PA 1 D City& Los Altos Hills, CA 94022 1 State L BRENDA DAVIS RDE # 102/015 SANTA CLARA COUNTY RECORDER 10/20/1999 Recorded at the request of 12:27 PM Water District L J This instrument is exempt from Recording Fees (Govt.Code§27383)and from Documentary Transfer Tax(Rev.&Tax Code§11922) EASEMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE PURISSIMA HILLS WATER DISTRICT 717912.1 • • EASEMENT AGREEMENT This Agreement is made and entered into as of this 2nd day of September, 1999, by and between PURISSIMA HILLS WATER DISTRICT ("Water District") and the TOWN OF LOS ALTOS HILLS ("Grantor"). WHEREAS, Grantor owns the Town Hall site located at 26379 Fremont Road, Los Altos Hills, California 94022 and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Water District believes there is the potential of developing a water supply well on this Property and desires to conduct exploratory drilling and install a water well on a portion of the Grantor's Property, which well will provide a secondary source of water to be used by the Water District as necessary to supplement the Water District's primary water source in times of emergency, water shortage or other water supply problems as determined by Water District; and WHEREAS, Grantor is willing to accommodate this activity and the parties have negotiated the terms and conditions of this Easement Agreement. NOW, THEREFORE, the parties agree as follows: 1. Scope of Easement. a. Grantor hereby grants to Water District and its employees, agents and contractors, a permanent, non-exclusive easement ("Easement") over, under and across Grantor's Property as more specifically described and shown in Exhibit B (the "Site"), attached hereto and incorporated herein by this reference. This Easement is for the purpose of developing, constructing, operating and maintaining a water supply well on the Site, together 1 703598.4 • • with the necessary rights of access thereto, including ingress and egress for the Water District and its employees, agents and contractors to conduct exploratory drilling, to construct and operate a test well and to construct and operate a production well. Such ingress and egress easement shall be through the parking lot as it currently exists and adjacent to the generator. If the Town reconfigures the facilities as they currently exist on the Property, the Town has the right to change the above-referenced ingress/egress easement so long as the Water District can continue to use the site for the purposes set forth in Paragraph la. above. Upon completion of the test drilling, the District will make a determination and so advise the Grantor in writing as to whether the Water District will proceed to develop a production well. If the Water District decides not to proceed, it shall restore the site to its prior condition. Upon termination, Water District and Grantor agree to execute a Memorandum of Termination to be recorded with the County. The Water District will operate the water supply well as deemed necessary by the Water District in order to provide water in times of emergency, water shortage or other water supply problems and will operate the well periodically in order to test and maintain the well and assure its continuing viability as a secondary source of potable water. b. Grantor makes no representations in this Agreement as to whether or not there are existing underground utilities or other facilities on or near the Site. Water District shall investigate the existence of such facilities through the Underground Service Alert, and Grantor shall make available, upon Water District's request, any information Grantor may have concerning same. c. Grantor and Water District will mutually agree to the schedule and times for all construction, and installation, repair and maintenance activities upon the Site. Water 2 703598.4 ® • District shall further agree to use the Property in such a manner so as not to damage it and after each use, shall leave the Property in as good and safe a condition as existed prior to such use. d. As a condition precedent to the effectiveness of this Agreement, Water District shall provide Grantor with evidence that any and all requisite permits to drill a well have been obtained from the Santa Clara Valley Water District or any other government agency with jurisdiction over digging a well. 2. Responsibilities of Water District. a. Water District shall bear all its own costs and expenses arising out of the permitted activities hereunder on Grantor's Property, including but not limited to costs for insurance, equipment and personnel. The Water District shall be solely responsible, at its own cost and expense, for maintaining and repairing the water supply well, the Site and the Property in accordance with Paragraph 1.c. above. b. At any time, Water District may make a determination as to the economic or technical feasibility of pursuing or continuing the water well at the Site. If the Water District decides to abandon the well or if the Water District fails to use, operate, maintain or repair the well for a period of one year, it shall be deemed abandoned and upon abandonment, Water District will, at its own expense, cap the well, remove any above-ground equipment, and restore the surface of the Site to its prior condition. Upon conclusion of Water District's restoration of the Site pursuant to this Section 2.b, this Easement and any and all other rights and obligations under this Agreement shall terminate. Upon termination, Water District and Grantor agree to execute a Memorandum of Termination to be recorded with the County. 3 703598.4 • • • 3. Insurance. The Water District shall, at its own cost and expense, procure and maintain during the term of this Agreement general liability insurance coverage with a combined single limit of liability in an amount that Grantor deems sufficient, according to public agency standards, to cover Water District's activities under this Agreement. At the time of execution of this Agreement, the required amount of the combined single limit shall be One Million Dollars ($1,000,000). This amount shall be evaluated by the parties at least every five (5) years. Prior to the use of Grantor's Property as contemplated under this Agreement, Water District shall furnish a Certificate of Insurance evidencing the above coverage requirement and naming Grantor as an additional insured. The Certificate shall also: a. Indicate any self-insured retention; b. Provide that Water District's policy is primary over any insurance carried by Grantor; c. Stipulate that the Grantor, its officers, employees, and agents are additional insureds thereunder; and d. State that the Policy will not be cancelled or its coverage reduced without thirty (30) days' prior written notice to the Grantor. 4. Indemnification, Hold Harmless, Duty to Defend. Water District shall defend, hold harmless and indemnify Grantor, its officers, employees, contractors, and all licensees and invitees from any and all claims for death or injuries to persons or damage to property which arise out of acts or omissions of the Water District, its directors, officers, employees or agents under this Agreement. In the event of concurrent negligence of the Water District and the Grantor, then the liability for claims for injuries to persons or damage to property which 4 703598.4 • • arises out of the activities covered by this Agreement shall be apportioned according to the California theory of comparative negligence. 5. Notices. All communications relating to the day-to-day activities under this Agreement shall be exchanged between the Water District's General Manager and the Grantor's City Manager. All other notices and communications deemed by any party to be necessary or desirable to be given to any other party shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to the Water District: Purissima Hills Water District 26375 Fremont Road Los Altos Hills, CA 94022 ATTENTION: Patrick D. Walter General Manager If to the Grantor: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 ATTENTION: City Manager The address to which mailings may be made may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above. 6. Modification. The Water District and Grantor agree that this Agreement and attachments constitute the entire agreement between the parties and supersede any prior written or oral communications with respect to the subject matter of this Contract. This Agreement may be modified only by a written Amendment signed by representatives of both parties. 5 703598.4 • • 7. Successors and Assigns. This Agreement shall run with Grantor's Property and shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. Water District may assign this Agreement only to apublic agency or a corporation authorized to distribute potable water to the citizens of the Town of Los Altos Hills. 8. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California as appliedto contracts that are made and performed entirely in California. 9. Attorneys' Fees. In the event of any breach of this Agreement by any party, or in any action to determine either party's rights hereunder, the prevailing party shall be entitled to all costs incurred in bringing said action, including reasonable attorneys' fees, in addition to such other remedies to which it may be entitled at law or in equity. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute a single agreement. 11. Severability. It is the intention of the Parties that should any term or provision of this Agreement be found to be void or unenforceable by a court of competent jurisdiction, such term or provision shall be severed from this Agreement and shall_ not affect the validity of the remainder of this Agreement. 6 703598.4 • • IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PURISSIMA HILLS WATER DISTRICT TOWN OF LOS ALTOS HILLS � By: BY /` Title: President, Board of Directors Title: })//d..0.j.L Attested to: Attested to: By: ) By. Secreta for the District Secretary for the strict Approved as to Form: Approved as to Form: e / By: Attorney for Water District Cit ' ttorney 7 703598.4 1 • CALWOfNIA.L-PURPOSE ACKNOWLEDGMENT p l�.'„111f/lf.//.�flll�llJlll.�Jl�.Yl././llJll./!lJlJ�lJJlllJlttlllllll� lJ,/ll1 k\ State of Ca � t'V! Ia o o 1 County of (!'7V Cfcrc tl 1 On ICAC U bl2f. 8 ( before me, C ffe bags; nO oki,G , 8 (1 Date tt Name and Title of Officer(e.g.,"Jane Doe, Public I l! �} personally appeared 1 ay ID amber 11 13 Name(s)of Signer(s) o ,,titpersonally known to me– c . ..-. . - . - .. . . I • . -v u- to be the person whose name.-4e,_ - .ubscribed to the within instrument 0 0 and acknowledged to me that -:41;a0 1ieyy+ executed the 0 same in -.-;jID, 14434r authorized capacity(.i.s4,and that by 0 K •'-aptheir signature* on the instrument the person*, o 0 or the entity upon behalf of which the person( acted, 0 DAVIS • SUZANNE executed the instrument. ` 0 k12 sCommission#1081074 1 1 - r, . Notary Public—California z ',► Santa Clara County WITNESS my hand and official seal. 1?". My Comm.Expires Deal7,1999 kl 1 Sii DaMS Signature of Notary Public ) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 \ Description of Attached Document R j,,,, ��`,,,, N Title or Type of Docu ent: etheirnen& hgq1^Q�mut-- beisu ea 71 con Df ti L 0S P4 '0.S �•1(s QYld tia FurisI(ma {-FMS GU {c,r- 0irfrkf t\ Document Date: S e 7f-iQm br Z.) /999 Number of Pages: 3 Signer(s) Other Than Named Above: Janet- �• P.Y11,U 1Cri 0 0 Capacity(ies) Claimed by Signer(s) 1 f 0 0 Signer's Name: e lat (le -DistAb r Signer's Name: 0 l 0 1 , Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer • Title(s): Title(s): tl ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ G: eral ❑ Attorney in-Fact ❑ Attorney-in-Fact 0 0 ❑ Trustee ❑ Trustee RIGHTTHUNBPRINT RIGHT THUMBPRINT 1 ❑ Guardian or Conservator <A,DESIGNER ` , ❑ Guardian or Cons ator0 1OF'SIGNER l r ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1 0 Signer Is Representing: , Signer Is "epresenting: 0 ti 'awn of Los Altos i lis iN cl lf-rt✓l�ltllll-tl..r✓l./- .,//J,1l-/ '/JJ11..�r1lJll! 1✓^'l�1l-/1�1.././l/lll!1J�„lfll�? ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • 3 Cr !t f ' Order No. 516771 Page No. 5 • LEGAL DESCRIPTION REAL PROPERTY in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at the most Northerly corner of Lot 26, as said Lot is shown upon the Map hereinafter referred to; running thence along the Northeasterly line of said Lot 26, S. 21° 30' E. 125.00 feet; thence running parallel to the Northwesterly line of said Lot 26, S. 68° 50' W. 175.00 feet; thence running parallel to said Northeasterly line of Lot 26, N. 21° 30' W. 125.00 feet to the point of intersection thereof with said Northwesterly line of said Lot 26; thence running along said last named line N. 68° 50' E. to the point of beginning, and being-a portion of Lot 26, as said-Lot is laid down,designated and delineated upon that certain Map entitled, "Map of the Subdivision of Lot 3 of the Taaffe Partition in the Rancho La Purissima Concepcion," _ and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of - California on August 6, 1897 in Book 7 of Maps, at pages 70 and 71. PARCEL TWO: Beginning at the point of intersection of the Northeasterly line of Lot 26, as shown on the Map hereinafter referred to, with the Southeasterly line of that certain parcel of land conveyed by Arthur E. Fowle, to the County of Santa Clara, by Deed dated October 4, 1955 and recorded October 20, 1955 in Book 3309 of Official Records, page 314, Santa Clara County Records; running thence along said Northeasterly line of Lot 26, S. 21° 30' E. 60.00 feet to-the point of intersection thereof with the Northwesterly line of that certain parcel of land conveyed by John Fowle, et al, to the Town of Los Altos Hills, by Deed dated June 6, 1956, recorded July 26, 1956 in Book 3560 of Official Records, at page 529, Santa Clara County Records; running thence along said last named line S. 68° 50' W. 204.24 feet to the point of intersection thereof with one of the Northeasterly lines of Lot 15, as said Lot is shown upon the Map of Tract No. 2056, Esperanza Hills Unit No. 2, which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 24, 1958 in Book 92.of Maps, pages 2 and 3; running thence along the_Northeasterly line of Lots 15 and 14, as shown upon said Map of Tract No. 2056 Esperanza Hills Unit No. 2, N. 21° 30' W. - 310.00 feet to the point of intersection thereof with the Northwesterly line of said Lot 26; running thence along said last named line N. 60° 50' E. 29.24 feet to the most Westerly corner of said parcel of land so conveyed to the County of Santa Clara; running thence along the Southwesterly and Southeasterly lines thereof S. 21° 30' E. 125.00 feet and N. 68° 50' E. 175.00 feet to the point of beginning, and being a portion of Lot 26, as said Lot is laid down, designated and delineated upon that certain Map entitled, "Map of the Subdivision of Lot 3 of the Taaffe Partition in the Rancho ba:Purissima Concepcion," and which said Map was filed for record_- in the office of the Recorder-of the County of Santa Clara, State of California on August 6, 1897 in Book 7- of Maps, at pages 70 and 71: (LEGAL DESCRIPTION CONTINUED NEXT PAGE) - Order No. 516771 Page No. 6 LEGAL DESCRIPTION: (Continued) PARCEL THREE: Beginning at a point in the Northeasterly line of Lot 26, said point also being in the centerline of Fremont - Avenue distant thereon South 21° 30' East 185.00 feet from the most Northerly corner of Lot 26, as said Lot is-shown upon the Map hereinafter referred to; running thence along said Northeasterly line of Lot 26, South 21° 30' East 125.00 feet; thence running parallel to the NortJWesterly line of said Lot 26 South 68° 50' West 204.24 feet; thence running parallel to the said Northeasterly line of Lot 26, North_21° 30' West 125.00 feet; thence running parallel to the said Northwesterly line of Lot 26, North 68° 50' East 204.24 feet to the point of beginning, and being a portion of Lot 26, as said Lot is laid down, designated and delineated upon that certain Map entitled, "Map of the Subdivision of Lot 3 of.the Taaffe Partition in the Rancho La Purissima Concepcion," and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 6, 1897 in Book T of Maps, at pages 70 and 71.. - PARCEL FOUR: - - Beginning at the Northeast corner of Lot 15, as said Lot 15 is shown upon the Map of Tract. No. 2056 Esperanza Hills Unit 2, which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 24, 1958 in Book 92 of Maps, at pages 2 and 3, Records of said County, said point of beginning being distant S. 68° 50' W. 90.01 feet from a point in the Southwesterly fine of Fremont Avenue, as shown upon said Map; running thence along the Northeasterly line of said Lot 15 and along the Northeasterly and Southeasterly lines of Lot 1, as said Lot 1 is shown upon the Map of Tract No. 1908 Esperanza Hills, which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on October 28, 1957 in Book 85 of Maps, at page 55, Santa Clara County Records, S. 21° 30' E. 280.88 feet and S. 2° 02' W. 146.30 feet to a point in the Northerly line of Esperanza Drive; running thence along the Northerly lines of Esperanza Drive on the arc of a curve to the left, with a radius of 120 feet, through a central angle of 15° 17' 39" for an arc distance of 32.03 feet; thence running S. 88° 55' E. 28.79 feet; thence on the arc of a curve to the left, with a radius of 30 feet, through a central angle of 89° 03' E. for an arc distance of 46.63 feet to a point in the Westerly line of Concepcion Avenue; running - thence along said last named line N. 2° 02' E. 138.30 feet to the point of intersection thereof with said Southwesterly line of Fremont Avenue; running thence-along said Southwesterly line of Fremont Avenue N. 21 ° 30' W. 303 feet, more or less, to a point from which the point of beginning bears S. 68° 50' W.; thence running S. 68° 50' W. 90.01 feet to the point of beginning, and being a portion of Lots 26 and 27, as said Lots are shown upon the Map entitled, "Map of the Subdivision of Lot 3 of the Taaffe Partitions in the Rancho La Purissima Concepcion," and which Map is on filed in the office of the Recorder of the County of Santa Clara, State of California in Book "1" of Maps, at page 70 and 71, Records of said County. Excepting therefrom all that portion thereof lying Southerly of the Easterly prolongation of the Southerly line -of Lot 15, as shown upon said Map of Tract No. 2056 Esperanza Hills Unit No: 2, hereinabove referred to. (LEGAL DESCRIPTION CONTINUED NEXT PAGE) • • • Order No. 516771 Page No. 7 LEGAL DESCRIPTION: (Continued) PARCEL FIVE: Beginning at the Northeast corner- of Lot 15, as said Lot 15 is-shown upon the Map of Tract No. 2056 Esperanza .Hills Unit 2, which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 24, 1958 in Book 92 of Maps, at pages 2 and 3, Records of said. County, said point of beginning being distant S. 68° 50' W. 90.01 feet from a point in the Southwesterly line of Fremont Avenue, as shown upon said Map; running thence along the Northeasterly fine of said Lot 15 and _ along the Northeasterly and Southeasterly lines of Lot 1, as said L-ot 1 is shown upon the Map of Tract No. 1908 Esperanza Hills, which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on October 28, 1957 in Book 85 of Maps, at page 55, Santa Clara County Records, S. Tr'30' E. 280.88 feet and S. 2° 02' W. 146.30 feet to a point in the Northerly line of Esperanza Drive; running thence along the Northerly lines of Esperanza Drive on the arc of a curve to the left, with a radius of 120 feet, through a central angle of 15° 17'-39" for an arc distance of 32.0-3 feet; thence running S. 88° 55' E. 28.79 feet; thence on the arc of a curve to the left, with a radius of 30 feet, through a central angle of 89° 03' E. for an arc distance of 46.63 feet to a point. in the Westerly line of Concepcion Avenue; running thence along said last named line N. 2° 02' E. 138.30 feet to the point of intersection thereof with said Southwesterly line of Fremont Avenue; running thence along said Southwesterly line of Fremont Avenue N. 21° 30' W. 303 feet, more or less, to a point from which the point of beginning bears S. 68° 50' W.; thence running S. 68° 50' W. 90.01 feet to the point of beginning, and being a portion of Lots 26 and 27, as said Lots are shown upon the Map entitled, "Map of the Subdivision of Lot 3 of the Taaffe Partition in the Rancho La Purissima Concepcion," and which Map is on filed in the office of the Recorder of the County of Santa Clara, State of California in Book "1" of Maps, at page 70 and 71, Records of said County. Excepting therefrom all that portion thereof conveyed by Deed from John M. Fowle and Eleanor C. Fowle to the City of the Town of Los Altos Hills, a municipal corporation, dated September 30, 1960 and recorded October 3, 1960 in Book 4938 of Official Records, page 379, Santa Clara County Records, containing 0.440 acres +. 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FEET +/- N `7 U) N Z O 0 6, E (_,).0.14- nI 1 I z c �0 LANG S& N68°50'00 'E EARL E. WOODS 0 15.00' J EXPIRES 9/30/00 TOWN OFNO. 4849 LOS ALTOS HILLS 4429 O.R. 631 s-Ti o' F I OF CAL\' I I PREPARED BY E. E. WOODS LAND SURVEYORS,INC. 1155 BROADWAY, SUITE 218 REDWOOD CITY, CA 94063 (650) 363-7113 FAX 366-8903 JUNE 30, 1999 EEWLSI JN 1408-A SCALE 1" = 16' SHEET 1 OF 1 PURISSIMA HILLS WATER DISTRICT CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE GRANT OF A PERMANENT, NON-EXCLUSIVE EASEMENT DATED SEPTEMBER 2, 1999, FROM THE TOWN OF LOS ALTOS HILLS TO THE PURISSIMA HILLS WATER DISTRICT, A POLITICAL CORPORATION, FOR THE PURPOSE OF DEVELOPING AND MAINTAINING A WATER SUPPLY WELL ON THE SITE, IS HEREBY ACCEPTED BY THE UNDERSIGNED ON BEHALF OF THE PURISSIMA HILLS WATER DISTRICT PURSUANT TO AUTHORITY CONFERRED BY RESOLUTION OF SAID BOARD, DATED OCTOBER 12, 1994, AND THE GRANTEE CONSENT TO RECORDATION THEREOF BY ITS DULY AUTHORIZED AGENT. DATED: SEPTEMBER 15, 1999 PATR CK D. WALTER, GENERAL MANGER PURISSIMA HILLS WATER DISTRICT