AgdaPkt 2012-04-23 - Laserfiche WebLink

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6.1.G. - Page 6 Now, therefore, in consideration of Grantee's agreement to pay the sum of One Thousand Dollars ($1000), and for other good and valuable consideration, PG&E and Grantee agree as follows: 1. Grant of Easen�ent(s): PG&E hereby grants to Grantee, upon the terins and conditions set forth in this Agreement, the following easements: (a) Public Access Trail Easement. A non-exclusive easement for public access and to install, constn�ct, reconstn�ct, resurface, repair, replace, and maintain a paved recreational trail for public use by pedestrians, bicycles and other non-n�otorized vehicles on the earth berm structure witlun the properry described in said EXIIIBIT "A" and shown on said EXHIBIT "B" (the "Easement Area"). . 2. Limitations on Use (a) The Easeinent Area and any facilities pennitted to be constn�cted thereon are to be used by Grantee only for those uses perinitted in Section 1 above, and for no other purpose. (b) PG&E reserves the right to restrict access to the Easement Area or any portion or portions thereof in the event of fire, earthqualce, storm, riot, civil disnirbance, or other casualty or emergency, or in coiu7ection with PG&E's response theretq or if emergency repairs or maintenance are required to PG&E facilities witliin or in the viciiuty of the Easement Area, or otherwise when PG&E deems it advisable to do sq including in coiuiection with events and emergencies occurring or affecting PG&E's business operations located elsewhere than in the immediate vicinity of the Easement Area. (c) Grantee shall have no obligation to improve or maintain the earth berm stn�cture. In the event the condition of the earth berm stn�ct�ire presents a rislc to public safety, PG&E may in its sole discretion close portions of the earth berm stn�cture fron� public access (with the exception of access to Grantee's employees and its authorized contractors should the Grantee, in its sole ai7 absolute discretioi7, choose to repair and maii7taii7 the earth berm structure, in accordance with the provisions set forth in Section 8 below). However, notwithstanding tlie foregoing, PG&E is under no duty or obligation to investigate or actively moiutor the conditioil of the ea� benn stn�cnire or to close portions of the earth bern� stn�cture. (d) Grantee shall not erect or construct any building or other structure other than the road improvements specifically authorized by tliis Agreement, nor shall Grantee drill or operate any well, witlun the easement area 3. Waiver and Release. Grantee aclalowledges that the Easement Area is on an earthen berm structure. Grantee acknowledges that PG&E is grailting this easeinent on an "AS IS, WITH ALL FALTLTS" basis and that PG&E shall have no duty or obligation to maintain, repair or reconstruct the earth berm stnicture. Grantee aclalowledges the earth berm sti is subject to erosion over time by the forces of wind and wave action, and may be subject to breaching or subsidence. Grai7tee fi�rther acl�lowledges that portions of the earth benn struct�ire inay subside or fail in different locations, and the breach may be dynamic, causing the breach to expand as a result of tidal water conung through the breached area. li7 the event of any such breach or ATTY/AGR/2012.046/BAIR TRIAL EASEMENT REV:04-18-12 VR Page 2 of 24