RecD08 2008-025705 - Laserfiche WebLink

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and described in the form of deed set forth in Exhibit "B," attached hereto and incorporated herein by reference ("Superseding Easement"). F. This Agreement provides for substitution of the Superseding Easement for the Relinquished Easements and for conveyance to City of title to the Utility Facilities in accordance with the Recycled Water Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated herein as true statements of fact. 2. Exchange of Easements. City shall execute and deliver to Authority the Relinquished Easements substantially in the form of Exhibit A and concurrently therewith Authority shall execute and deliver to City the Superseding Easement substantially in the form of Exhibit B. 3. Utility Facilities Defined. The Utility Facilities are defined herein as, and consist of, the improvements constructed pursuant to those certain contract documents entitled, "South Bayside System Authority - Redwood City Recycled Water Project, Phase 1 SBSA Facilities Project: Connecting Pipelines and Utilities," approved by Resolution No. SBSA 05-14, adopted by the Commission of Authority on April 26,2005 and accepted upon completion of construction by said Commission on August 15, 2006. Said Facilities include, without limitation, a 20-inch diameter potable water line approximately 689 feet in length; a 30-inch diameter reclaimed water line approximately 689 feet in length; two (2) 2-inch diameter communication ducts each approximately 811 feet in length; three (3) "pull" boxes and appurtenances to all of the foregoing facilities. The Utility Facilities are located in the easement described in Exhibit B. 4. Title to Utility Facilities Conveyed. For good and sufficient consideration, receipt of which is hereby acknowledged, Authority hereby remises, releases and quitclaims to City all right, title and interest in and to the Utility Facilities and City hereby accepts the Utility Facilities. City hereby acknowledges and agrees that acceptance of the construction of the Utility Facilities by Authority and the foregoing transfer fulfills and discharges Authority's obligations to do so under Sections 5.6 and 5.7, respectively, of the Recycled Water Agreement. 5. Recordation. Upon execution by the parties of this Agreement, the Relinquished Easements Deed and the Superseding Easement Deed, City's City Clerk shall submit the originals of said documents to the Clerk-Recorder of the County of San Mateo for recordation in the Official Records of said County and concurrently give written notification of said submittal to Authority. Upon receipt of the original documents returned to the City Clerk by the County Clerk-Recorder, the City Clerk shall provide conformed copies thereof bearing the Clerk-Recorder's filing information to Authority. 6. Successors. All of the rights, benefits, duties, liabilities and obligations of the parties hereto shall inure to the benefit of, and be binding upon, their respective successors and assigns 2 SBSA\CPUKrev100507