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Home My WebLink About01-92 r M * OE It 0t RESOLUTION NO. 1-92 1243073 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING GRANT OF EASEMENT TO PURISSIMA HILLS WATER DISTRICT WHEREAS, the City Council has determined that it is in the public interest and convenience to grant an easement to the Purissima Hills Water District for operation of facilities; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The City Council of the Town of Los Altos Hills hereby approves the easement granted to the Purissima Hills Water District, a copy of which is attached hereto as Exhibit A. Section 2 . The City Council hereby authorizes and directs the Mayor to execute the easement on behalf of the Town. Passed and adopted this 5th day of February , 1992. Mayor ATTEST: ~�'r • / City Cler • -.y �[PA3� Re7t�ya.i 7v GVNG,I •r.��+ �'` LM''7$��I �e ,� � FEB 2 01992 • � I iii•.r • California . - TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD m - ! • LOS ALTOS HILLS,CALIFORNIA 94022 7,F ' SsTEL:(475)941-7222 I. -nt -1 l rt FAX:(415)941-3160 r-- 0r.4 fn rn cu Cr) 41�- -4 L C7 RECORDED WITHOUT FEE UNDER SEC ION 6103 GOVERNMENT CODE pb\mas\14949000.W50 • 5 PA GE 1 0 5 This Document Is Recorded For The Benefit Of The Town Of Los Altos Hills And Is Exempt From Fee Per Government Code Sections 6103 And 27383 . When recorded, mail to TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk EASEMENT AGREEMENT The Easement Agreement is entered into by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("TOWN") and Purissima Hills Water District, a public corporation of the State of California ("DISTRICT") , effective as of the latest date of execution by any party hereto. RECITALS 1. TOWN is the owner of real property dedicated as open- space in the Town of Los Altos Hills, Santa Clara County, State of California, described on Exhibit A attached hereto and hereinafter referred to as "TOWN PROPERTY") . 2 . DISTRICT is a county water district which provides water service to those residents of Los Altos Hills within the DISTRICT's jurisdiction. 3 . DISTRICT desires to acquire an easement, as hereafter described, in TOWN PROPERTY as the servient tenement, which ease- ment shall be for the benefit of the DISTRICT. 4. Since this easement will be located in dedicated open-space, the TOWN is only willing to grant the easement for health and safety purposes and upon conditions which will protect the open-space character of the TOWN PROPERTY. NOW, THEREFORE, IT IS AGREED by the parties as follows: 1. Grant of Easement. TOWN hereby grants to DISTRICT an Easement as described in Exhibit B attached hereto. 2 . Consideration. In consideration for the grant of this easement, DISTRICT shall pay to TOWN the sum of One Thousand Dollars ($1, 000. 00) upon DISTRICT's execution of this Easement Agreement and shall install one (1) fire hydrant as part of the facilities in the Easement. • • � ea 3 . Character of Easement. The easement granted herein is non-exclusive and in gross and is for the benefit of the DISTRICT. 4 . Description of Easement. The easement shall be for the location of water mains and a pipeline and appurtenant facilities (collectively, the "facilities") in, through, and beneath the easement, together with the right of ingress and egress; provided that no facilities may be placed above ground other than the required fire hydrant. 5. City Review. Specific plans for the construction of the facilities shall be reviewed by the City Engineer. 6. Secondary Easements. a. Temporary Construction Easement. In addition to the primary easement described in Paragraph 4, TOWN also hereby grants, for a period of six (6) months from and after the date of recordation of this Agreement, a temporary easement, thirty (30) feet in width (fifteen (15) feet on both sides of the center line of the easement described in Exhibit B) for the purpose of con- structing and installing the facilities described in Paragraph 4. DISTRICT agrees that, to the extent possible, DISTRICT's construction contractors shall direct and coordinate the construction of the facilities within the easement so as to minimize any interference with the Servient Tenement. DISTRICT agrees to repair any damage to the Servient Tenement caused by the construction of DISTRICT's facilities and to restore the surface of the easement strip to its prior condition immediately after any entry upon the Servient Tenement by DISTRICT. b. Repairs and Maintenance. In addition to the primary easement described in Paragraph 4, TOWN also grants a secondary easement of an incidental right of ingress to and egress from the easement strip for the purpose of necessary repair, maintenance, replacement, and enlargement of the facili- ties constructed or installed by DISTRICT within the easement; provided, however, that such routes of ingress to and egress from the easement shall be used as will occasion the least practicable inconvenience and damage to the TOWN and TOWN PROPERTY. DISTRICT shall repair any damage to the Servient Tenement caused by the repair and maintenance of the facilities. DISTRICT shall main- tain the facilities in good, neat and safe order, condition and repair at DISTRICT's sole cost and expense; provided, however, that if DISTRICT fails to repair any damage as required herein, TOWN shall have the right, but not the obligation, to perform such maintenance or repair work and DISTRICT agrees to reimburse TOWN on demand for all costs incurred in connection therewith. - 2 - ' 410 • 411O 0 GE 7. Notice of Entry. DISTRICT shall notify TOWN's Director of Public Works at least forty-eight (48) hours in advance of any repair, maintenance, replacement or enlargement of the faci- lities, except in case of emergency, in which case DISTRICT shall notify TOWN's Director of Public Works within at least twelve (12) hours of the commencement of any repair, maintenance, or other work on the facilities. 8. Town Access to Water. The TOWN shall have the right to install, maintain and use a connection to the facilities of DISTRICT within the Easement for the purpose of providing water to the TOWN for any reason (other than the sale of water) ; provided that DISTRICT may charge TOWN for such water at its standard rates. 9. Payment of Costs. Prior to execution of the Easement Agreement by the TOWN, DISTRICT shall pay the legal fees and costs incurred by the TOWN in connection with preparing this Easement Agreement. 10. Indemnification. DISTRICT and DISTRICT'S construction contractors shall indemnify and hold TOWN and its officers, em- ployees and independent contractors harmless from all liability, loss, damage or injury to persons or property arising from or in connection with the DISTRICT's use and enjoyment of the easement or the performance of any construction, repair or maintenance required hereunder. 11. Entire Agreement; Modification; Waiver. This Easement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understand- ings of the parties. No supplement, modification, or amendment hereof shall be binding unless executed in writing by all the parties. No waiver of any of the provisions hereof shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a con- tinuing waiver. No waiver shallbe binding unless executed in writing by the party making the waiver. 12. Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforce- ment hereof, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions hereof, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 13. Severability. If for any reason any provision hereof is determined to be invalid or unenforceable, the remaining pro- - 3 - • 411 '5 PA GE I 14 0 8 visions nonetheless shall be construed, performed and enforced as if the invalidated or unenforceable provision had not been included. 14. Binding on Successors. The provisions hereof shall be binding on and shall inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors, and assigns, provided that no benefit shall inure to assignees acquiring any interest in violation of the provisions hereof. IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of the day and year first above written. TOWN OF LOS ALTOS HI LS • , By: Mayor ATTEST: CITY CLERK PURISSI HILLS WATER DISTRICT By: , ATTES�': •.� - Daniel Alexander , President Lucy -XAvier Dfstr:i^ Secretary PB\MAS\149490B1.W50 - 4 - .0 •HO5. PGE 1409 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF SANTA CLARA ) On this 4 'f'�� day of &� -i , 1977- , before me, the undersigns , a Notary Public/in nd for said State, personally appeared aq h i P -/e)6!,`n d e v- personally known to me or proved to me on the basis of satisfa tory ev deny�j t9 be the // / person whose name is subscribed as the( res,^JQ,L i a Kir ISS;h,, /et,74rii/ 7(. and acknowledged to me that he/sem subscribed his/ er name thereto to the EASEMENT AGREEMENT. WITNESS my hand and official seal. ,�{'"' Ly ®FFI 'SEAL { RUTH TUBBS _ , ;w '��_"Fit, NOTARY PUBLIC-CALIFORNIA 4 SANTA CLARA COUNTY ' �Foa,r MY Comm Expires Oct.8,1995 } Notar. Public in and for said State CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF SANTA CLARA ) On this f ' day of --4 _1_, 199a , before me, the undersigned, a Notary Public in and foaid State, personally appeared I u e f--- . % A!/; e r personally known to me or proved to mp on the basis of satisfactory evidence to be the person whose name is subscribed as the ,�;•s j i-; e )'Se e re t a r and acknowledged to me that he/she subscribed s/he� Yename thereto to the EASEMENT AGREEMENT. L"' OFFICIAL SEAL WITNESS my hand and official seal. , 4 w RUTH TUBBS NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY - a MY Comm.Expires Oct.8.1995 Nota Public in and for said State PB\MAS\149490B1.W50 100 5 PA 6E1410 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On .this mi day of FP6 Q.dz-� , 199.2— , before me,` the undersigned, a Notary Public in /and for said State, personally appeared a personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed as the /2/,4/D2 of Tt1iAi ar CoE AMS and acknowledged to me that he/she subscribed his/her name thereto to the EASEMENT AGREEMENT. - ®11111neEE1n1E111Gn1111n11nGen(i1Bnnusinut WITNES my hand and official seal. Patricia L. Paull NOTARY PUBLIC — CALIFORNIA gI COUNTY OF SANTA CLARA al;MLC1%. (-7 )ae. m MY Commisslon Explras lune 26,1992 m iinsonn1B1B1e11EE1EE11111E1E11EEEE1 HHEEB11 Uni No ary Public in and for said State CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On this - day of 4b-t a9/, 19 9,2, before me, the undersigned, a Notary, Public, inand for said State, personally appeared Aln/Chq LoupD personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is" subscribed as the djr/ CLe/1J DF 71:166it1 6F .o lac #(Ccs and acknowledged to me that he/she dubscribed his/her name thereto to the EASEMENT AGREEMENT. WITNF-S my hand and official seal. Mun1Eummu11nE1n1EBEnmusen nuBeCle6ng Patricia L. Paull ISL n �J T<r.. -LSg NOTARY PUBLIC — CALIFORNIA i- �/ ® '` 'T"�.' COUNTY OF SANTA CLARA Notary Public in and for said :State l^ My Commission Expires June 26,1992 CSIBBEBnBGEmunn 111etE1neE1emunn111111 PB\MAS\149490B1.W50 , •• : * • E0=54PAGE I I' Vii' . . .. • • "' - :i \ \ EXHIBIT A sdoeip <N . . .,tik, \ %; Q •O . \ -""%ip— y wlp a Iia %1 tLi I \ N e • e , 1 . . \ :. °Q ItA • :1 -z- l% \ _ two l-` .:+ Z N ii Ih ;�.• IQ' io.04' z = % LOT .8I t A4'• OF ;::!...vi a ' ICI •- N e�� I - I el" o ,� I . I • .. ‘) a % i 1 ‘ , , 0 • ---- ... ‘ fif _ (") _1 , __ ______.IMINEMIMEr 1=•• ••=1,%I 1••=1•• II i=ip /400 i..t 1,4 L: . . . . i . :I". • E Giuliani & Kull, Inc.• PLAT OF . 20' P. H.W.D. EASEMENT K Engineers / Planners / Surveyors ACROSS LANDS OF TOWN OF LOS ALTOS H I LLS 2C431 Stevens Creek Blvd., Suite 230 Cpertino, CA 408-257-6446 TOWN OF LOS ALTOS . HILLS, CALIFORNIA 7/06 • 0 5 It PA GE if 12 November 25 , 1989 Lands of Town of .Los Altos Hills EXHIBIT B Legal Description of Centerline of . 20 Foot Purissima Hills Water District Easement All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State. of California, being more • particularly described as follows: Commencing at the most westerly corner of lot 8 , as shown on that certain Parcel Map which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book ' gthe prolongation of the thence , along 278 of mas pages 52-54 ; maps ,' P westerly boundary of said Lot 8 , North 21 59 ' .10" West, 10 . 00 feet , to the Point of Beginning . Thence , •from the Point of Beginning along a line parallel to and 10 : 00 feet distant measured at a right angle , from the northerly boundary of said Lot 8 , North 68 00 ' 50" East , 189 . 30 feet ; Thence , leaving said parallel line , North 38 17 ' 52" East , 117 . 44 feet ;. • • Thence, .North 64 14 ' 22" East , 182 . 69 feet ; Thence South 40 40 ' 38" East, 73 . 05 feet , to a point on the northerly boundary of Rhus Ridge Road, as shown on said parcel map. Said point being North 47 01 ' 18" East , . 30 . 82 feet from the most northerly corner of said Lot 8 , as measured along the northerly boundary of Rhus Ridge Road. • CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Agreement dated February 5, 1992, from the City of the Town of Los Altos Hills to the PURISSIMA HILLS WATER DISTRICT, a political corpora- tion, is hereby accepted by the undersigned officer on behalf of the Purissima Hills Water District pursuant to authority conferred by resolution of said Board, dated December 14, 1960, and the grantee consent to recordation thereof by its duly authorized agent. Dated February ll , 1992 ay+Y \1+��4�al�l�� .'y� yi.�i 1r � saA °op• FVdp -, ry-ai i i . • - { nW .•i:r g 9 � William D. McCann, Manager . ` '° "" Purissima Hills Water Di strri ' ?� ' I J4.,�'U'AB,TCT A',,`x.'+:e v`''•.1'._-:.��-y; i..,1i •