HomeMy WebLinkAboutRiverside Canal Power Company-2006-06 uL-u
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
AES PACIFIC,LLC
690 STUDEBAKER ROAD
LONG BEACH,CA 90803
ATTN:JULIE WAY
WATER PIPELINE EASEMENT
THIS WATER PIPELINE EASEMENT, effective as of June 27, 2006, is by and between
RIVERSIDE CANAL POWER COMPANY, a California corporation (hereinafter called'"Grantor"),
and the CITY OF GRAND TERRACE,a municipal corporation(hereinafter called"Grantee").
WITNESSETH ;
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged,the parties hereby agree as follows:
1. Grant—Grantor does hereby grant to Grantee,its successors and assigns,an easement to
construct,reconstruct,install,place,remove,locate,replace,renew,repair,maintain,use and operate a
water pipeline not greater than forty-eight(48)inches in diameter and all necessary and proper
appurtenances thereto(hereinafter called the"Pipeline')for the purpose of transporting water under and
across all of those certain lands of Grantor situated in the City of Grand Terrace,County of San
Bernardino,State of California,the location of which is more particularly described in Exhibit"A"hereto
(hereinafter called the"Easement").
Grantor further grants to Grantee the right of reasonable unimpaired access to the Easement and
the Pipeline,and the right of ingress and egress to and from the same on,over,along or across Grantor's
lands. Grantee shall have the further right to use such portions of said lands along and adjacent to the
Easement as may be reasonably necessary in connection with the construction and maintenance of its
Pipeline.
2. Ownership—Grantor is the owner of the lands described in Exhibit"A",is a corporation duly
organized and validly existing and hi good standing under the laws of the State of California,and has the
authority to enter into this Water Pipeline Easement and grant the Easement
3. Reserved Use-Grantor reserves the right to use all of those portions of the Easement not being
utilized by Grantee;provided that Grantor shall not construct or permit the construction of any building or
other surface or subsurface structures within the Easement that will materially interfere with or endanger
the installation,operation or maintenance of the Pipeline.
4. InstellatbdConstreetlon-The width of the Easement shall be forty feet(40')as more
particularly described in Exhibit"A". Grantee shall bury the Pipeline to a minimum depth of four(4)feet
as measured to the top outer surface of the Pipeline unless otherwise approved by Grantor in writing.
Grantee shall make all reasonable efforts to carry out and complete any construction,maintenance or repair
now or hereafter undertaken pursuant to this Water Pipeline Easement in a safe,diligent and workmanlike
fashion. Grantee agrees to hire only licensed contractors to perform work upon the Easement and each
such contractor shall carry adequate amounts of insurance to protect Grantee and Grantor from claims
which may arise as a result of Grantee's construction,installation and operation of the Pipeline. Such
insurance shall include employer's liability,comprehensive liability,comprehensive automobile liability
and workmen's compensation insurance in amounts customary for similar pipeline projects. Grantee or its
designee shall promptly and properly refill all excavations made by or for Grantee on Grantor's lands and
return same to their original condition as is reasonably practicable upon completion of any construction,
Pi®I(0627.06) 1
maintenance or operation activity.
Grantee shall have the right to install suitable madcers indicating the location of the Pipeline
provided such markers do not interfere with any reasonable use of the easement by Grantor.
5. Permits.Licenses and other Easements-This Water Pipeline Easement is made subject to all
valid and existing licenses,leases,grants,exceptions,reservations,easements and rights-of-way affecting
the lands covered by the Easement. Moreover,in no event shall Grantee acquire any right,interest or title
to the mineral content of or under Grantor's lands,or any right to conduct oil,gas or mineral operations on
the lands covered by the Easement.
6. Liens-Grantee shall pay all costs for construction done by it(or caused to be done by it).
Grantee shall keep all of the property subject to the Easement free and clear of all laborer's,mechanic's,
materialman's or other liens resulting from construction done by or for Grantee,and agrees to indemnify
and defend Grantor against any such claims.
7. Indemnification-Grantee agrees to defend,indemnify and hold Grantor and its officers,
directors,partners,employees,contractors,successors and assigns harmless from and against any and all
liability or claims for loss or damage to property to whomever belonging or for injury to or death of any
person or persons resulting from,relating to,or in connection with the exercise of rights of Grantee granted
by this Water Pipeline Easement.
Grantor agrees to defend,indemnify and hold Grantee and its officers,directors,partners,
employees,contractor,successors and assigns harmless from and against any and all liability or claims
thereof for loss or damage to property to whomever belonging or for injury to or death of any person or
persons resulting from relating to,or in connection with,the negligent acts or omissions of Grantor related
to the Easement.
8. Compliance with Applicable Law-Grantee shall comply with all state,federal and local laws
and with the rules,regulations,orders and publications promulgated thereunder of any federal,state or
other governmental agency having jurisdiction of the property of Grantor as the same pertain to Grantee,
Grantee's operations and activities hereunder,anyone legally asserting any rights conferred upon Grantee
hereunder or any authorized party performing any rights or obligations of Grantee hereunder.
9. Taxes-Grantee shall and will pay,before the same become delinquent,all charges,taxes,
rates,cost of permits and assessments upon or against the Pipeline and/or the Easement,and any other
property or improvements allowed by the separate written permission of Grantor,to be placed by or for the
Grantee upon the Easement Grantor may pay and discharge any such charges,taxes,rates,late penalties
and assessments,which Grantee may have permitted to become delinquent,and each such payment so
made by Grantor,will carry an automatic ten percent(10%)penalty charge,with interest thereon at the rate
of ten percent(10%)per annum from the date of payment by Grantor,which,along with the payment will
be paid by the Grantee promptly upon demand by Grantor.
10. f isPutes-Should any dispute or conflict arise between the parties hereto with respect to the
terms and provisions hereof;Grantor and Grantee will attempt to meet,confer and negotiate in good faith
in an effort to reach a mutually satisfactory resolution to any such dispute or conflict If the dispute or
conflict has not been resolved within sixty(60)days of the commencement of meet and confer negotiations
(which period may be extended by mutual agreement),the dispute or conflict shall be resolved by
arbitration in accordance with American Arbitration Association rules. The judgment upon the award
rendered by the arbitrator(s)shall be binding upon the parties and may be entered by any court having
jurisdiction thereof. The place of arbitration shall be San Bernardino County,California The arbitrator(s)
shall not be empowered to award damages in excess of actual damages and each party waives any form of
FLW(06.27.06) 2 ^/e
damages other than actual damages.
11. Form of Notice-All notices and demands herein required to be given between Grantor and
Grantee shall be in writing,delivered in person or sent by United States mail,postage prepaid. Notices,
demands and payments shall be addressed to Grantor as follows:
Riverside Canal Power Company
rio AES Pacific,LLC
690 Studebaker Road
Long Beach,CA 90803 •
Attu: Julie Way
Notices and demands shall be addressed to Grantee as follows:
City of Grand Terrace
22795 Barton Road
Grand Terrace,CA 92313
Attu: City Manager
Any notice or demand shall be deemed served when addressed and deposited postage prepaid into
the United States mail. Either party may designate different addresses for notices and demands by
providing written notice to the other party.
12. ginht of Ass/tamest-Grantee may assign Grantee's interest in this Water Pipeline Easement
as follows:
(a) To the City of Riverside,unilaterally and without Grantor's prior written consent or
(b) To any other party,person or entity,with Grantor's prior written consent,which
consent shall not be unreasonably withheld,delayed or conditioned In determining whether to grant
consent to any assignment of Grantee's interest in this Water Pipeline Easement pursuant to this Section
12(b),Grantor may consider,without limitation,the net worth of the proposed assignee,its intended or
proposed use of the Easement,and such assignee's business reputation and experience.
13. Non Use or Breach;Termination—Upon completion of the Pipeline,should Grantee fail for
a continuous period of one(1)year to use,maintain and operate the Pipeline,then the Easement and all
other rights and interest of Grantee under this Water Pipeline Easement shall terminate. Additionally,
upon violation by Grantee of any of the terms and conditions set forth herein and the failure to remedy the
same within thirty(30)days after written notice from Grantor to do so,then at the option of Grantor the
Easement and all other rights and interest of Grantee under this Water Pipeline Easement shall terminate.
Said Easement may also be terminated by written consent of both parties.
Upon termination of said Easement Grantee shall promptly execute,acknowledge and record in
the Official Records of San Bernardino County a good and sufficient quitclaim deed,quitclaiming all right
title and interest of Grantee under this Water Pipeline Easement to Grantor. Upon any termination of said
Easement,Grantee shall also,at its sole cost and expense,promptly remove the Pipeline and restore said
Easement to as near the same condition as it existed prior to the execution of this Water Pipeline Easement
as is reasonably practicable or,upon Grantor's election,leave all or some of the Pipeline in place,in which
case any Pipeline left in place shall be deemed to have been surrendered to the Grantor.
14. Covenants Run with the Land-All of the terms,covenants and conditions herein contained
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1CK
shall be deemed to be and constitute covenants running with the land,and shall be binding upon and inure
to the benefit of the parties hereto their successors and assigns.
15. Governing Law-This Water Pipeline Easement shall be construed under and in accordance
with the laws of the State of California without regard to the conflict of laws principles contained therein.
16. Severability-In rase any one or more of the provisions contained in this Water Pipeline
Easement shall for any reason be held to be invalid,illegal or unenforceable in any respect,such invalidity,
illegality or unenforceability shall not affect any other provision thereto,and this Water Pipeline Easement
shall be construed as if such invalid,illegal or unenforceable provision had not been contained herein.
•
17. Entire Agreement-This Water Pipeline Easement is intended to constitute the sole and only
agreement of the parties hereto with respect to the subject matter of this Water Pipeline Easement and
supersedes any prior understandings or written or oral agreements between the parties respecting the
subject matter of this Water Pipeline Easement. This Water Pipeline Easement may not be altered,
amended or changed in any way except by a written instrument executed by both parties.
« « «
IN WITNESS WHEREOF,the parties hereto have executed this Water Pipeline Easement as of the day
and year first above written.
GRANTOR GRANTEE
RIVERSIDE CANAL POWER COMPANY CITY OF GRAND TERRACE
By: By:
Thomas Kunde
Its: Mcmajer Its: G',jy Plaan4?r
tl
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EXHIBIT"A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN WATER PIPELINE
EASEMENT DATED JUNE 27,2006 BY AND BETWEEN RIVERSIDE CANAL
POWER COMPANY,GRANTOR,AND CITY OF GRAND TERRACE,GRANTEE.
•
•
Final(06.27.06) 5
7CK
E1®IRIT ^A'
BOLTS ASSOCIATES
255 E. RUMPS AVE., STE. A
CORONA, CA 92879
March 17, 2006
JN: IE0015703/05
Page l of 1
LECAL DESCRIPTION
Right-of-Nay Easement
City. of Grand Terrace
That certain parcel of land situated in the City of Grand Terrace,
County of San Bernardino, State of California, being a portion of
Parcel 1 as shown on Record of Survey No. 98-0077 filed Book 110, Pages
84-88 of Record of Surveys in the Office of the County Recorder of said
San Bernardino County, described as follows:
A strip of land 40.00 feet wide, the centerline of which is described
as follows:
coMelltECING at the easterly terminus of that certain course in the north
line of Parcel 1 as shown on said Record of Survey No. 98-0077 as being
^North 89657'43' East 439.66 feet"; thence along said northerly line
West 32.00 feet to the TRUE POINT OF BEOBRU1G; thence South 00°19'48'
East 38.46 feet; thence South 06.16'38^ East 65.80 feet to the east
line of said Parcel 1.
The sidelines shall be lengthened or shortened so as to terminate
northerly in said northerly line of said Parcel 1 and southeasterly in
said easterly line of said Parcel 1.
Exhibit ^B^ attached and made a part hereto.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of
Record.
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KEVIN D. NCR Ie' ., . ..- 6310 I LB4110
License Expires: 9-30-06 \ 48/80/06
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