Agmt23 Westpoint Harbor LLC - Laserfiche WebLink

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RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Clerk Record without fee pursuant to Government Code Sections 6103 and 27383 (Space above this Line for Recorder’s Use Only) Public Service Easement Deed and Agreement A.FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Westpoint Harbor, LLC, a California limited liability company (“Grantor”), GRANT(s) to City of Redwood City, a charter city and municipal corporation (“Grantee”) a non-exclusive easement appurtenant in and to Grantor’s Property (as defined below) (the “Easement”), which Easement Area is more particularly described and shown on Exhibit A, attached hereto and incorporated herein by this reference (“Easement Area”). The Easement Area shall be used solely for public water facilities, which include water mains, water meters, user services lines, fittings, valves and other related appurtenances thereof (“Public Water Facilities”). The provisions of this Easement Deed and Agreement (“Deed”) are intended to and will run with the land, and, until their expiration or termination in accordance with the terms of this Deed, will bind, be a charge upon and inure to the benefit of Grantor and Grantee, and their respective successors and assigns. Grantor may request in writing for Grantee to amend or vacate the Easement established by this Deed contingent upon the relocation or removal of Public Water Facilities at Grantor’s sole cost and expense. Grantee shall not unreasonably withhold, condition, or delay approval of such request. B.THE PURPOSE(S) OF THE EASEMENT shall be for installation, repair, and maintenance of Public Water Facilities owned and operated by Grantee under, upon, or across the parcel of certain real property in Redwood City, County of San Mateo, State of California described in Exhibit B (“Grantor’s Property”). Grantee shall perform all work to construct and operate the Public Water Facilities in a safe and workmanlike manner, in full compliance with professional standards prevailing in Redwood City, California, and in full compliance with all applicable laws. Grantee shall obtain, or cause to be obtained, at no cost or expense to Grantor, any and all permits or approvals in connection with the Public Water Facilities necessary or desirable under applicable law. USE OF EASEMENT AREA. The Easement Area shall be kept open and free from buildings, and structures of any kind, except that lawful fences, surface pavement, including surface parking, and irrigation systems (“Authorized Encroachments”) may be located within the Easement Area provided that such Authorized Encroachments do not create a substantial risk of damage to the Public Water Facilities. In the event that Grantee needs to remove Authorized Encroachments to maintain the Public Water Facilities, Grantee, at Grantee’s sole cost and expense, shall be responsible for the restoration with comparable Authorized Encroachments within a reasonable amount of time. Grantee shall not be responsible for any damage to buildings, structures, and encroachments that are not Authorized Encroachments, installed within the Easement Area. Grantee acknowledges on behalf of itself and its representatives that it accepts Grantor’s Property strictly “AS-IS, WHERE-IS” and “WITH ALL FAULTS” and assumes all risk thereof, including any risk of bodily-injury or death or damage to property of a third party arising directly or indirectly out of or in any way relating to Grantee’s use of Grantor’s Property. REV: 07-12-2023 JB ATTY/AGR.2023.177/West Point Harbor (PSE) (Page 1 of 12) EXHIBIT A