RecDoc 2012-139032 - Laserfiche WebLink

Browse Search

� � 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 Easement(s): PG&E hereby grants to Grantee, upon the terms 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, construct, reconstruct, resurface, repair, replace, and maintain a paved recreational trail for public use by pedestrians, bicycles and other non-motorized vehicles on the earth berm structure within the property described in said EXHIBIT "A" and shown on said EXHIBIT "B" (the "Easement Area"). . 2. Limitations on Use. (a) The Easement Area and any facilities permitted to be constructed thereon are to be used by Grantee only for those uses permitted 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, earthquake, storm, riot, civil disturbance, or other casualty or emergency, or in connection with PG&E's response thereto, or if emergency repairs or maintenance are required to PG&E facilities within or in the vicinity of the Easement Area, or otherwise when PG&E deems it advisable to do so, including in connection 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 structure. In the event the condition of the earth berm structure presents a risk to public safety, PG&E may in its sole discretion close portions of the earth berm structure from public access (with the exception of access to Grantee's employees and its authorized contractors should the Grantee, in its sole an absolute discretion, choose to repair and maintain the earth berm structure, in accordance with the provisions set forth in Section 8 below). However, notwithstanding the foregoing, PG&E is under no duty or obligation to investigate or actively monitor the condition of the earth berm structure ar to close portions of the earth berm structure. (d) Grantee shall not erect or construct any building or other structure other than the road improvements specifically authorized by this Agreement, nor shall Grantee drill or operate any well,within the easement area 3. Waiver and Release. Grantee acknowledges that the Easement Area is on an earthen berm structure. Grantee acknowledges that PG&E is granting this easement on an "AS IS, WITH ALL FAULTS"basis and that PG&E shall have no duty or obligation to maintain, repair or reconstruct the earth berm structure. Grantee acknowledges the earth berm structure is subject to erosion over time by the forces of wind and wave action, and may be subject to breaching or subsidence. Grantee further acknowledges that portions of the earth berm structure may subside or fail in different locations, and the breach may be dynamic, causing the breach to expand as a result of tidal water coming through the breached area. In the event of any such breach or ATTY/AGR/2012.046/BAIR TRIAL EASEMENT REV:04-18-12 VR Page 2 of 24