HomeMy WebLinkAbout002-91RESOLUTION NO. 2-91
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENT TO EAST BAY
MUNICIPAL UTILITY DISTRICT
WHEREAS, The Town of Danville is constructing a Town Service Center
on it's property in Sycamore Valley known as 1000 Sherburne Hills
Road; and
WHEREAS, water service is a necessary prerequisite to development
of the Service Center; and
WHEREAS, water service is supplied by East Bay Municipal Utility
District; and
WHEREAS, East Bay Municipal Utility District requires an easement
for any waterline which they are responsible for; and
WHEREAS, the attached Grant of Easement meets with Town staff and
East Bay Municipal Utility District requirements; now, therefore,
BE IT RESOLVED, by the Town Council of the Town of Danville that
the attached Grant of Easement is approved, and be it
FURTHER RESOLVED, that this Grant of Easement be executed by Town
staff and delivered to East Bay Municipal Utility District for
recordation.
APPROVED by the Danville Town Council at a Regular Meeting on
January 2, 1991, by the following vote:
AYES:
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
Greenberg, Lane, Ritchey, Schlendorf, Shimansky
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ORNEY
RECORDING REQUESTED BY
East Bay Municipal Utility District
AND WHEN RECORDED MAIL TO
East Bay Municipal Utility District
Post Office Box 24055
Oakland, California 94623
Attn: Property Section
EA 90-54, R/W
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
THIS INDENTURE, made by and between TOWN OF DANVILLE, a municipal corporation,
hereinafter called the Grantor, and EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation
organized and existi0g under the laws of the State of California, hereinafter called the Grantee,
WITNESSETH:
THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are
hereby acknowledged, hereby grants to the Grantee and to its successors and assigns a perpetual
easement and right-of-way for the purpose of laying down, constructing, reconstructing, removing,
replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for the transmission
and distribution of water, a pipe or pipelines and all necessary braces, connections, fastenings and other
appliances and fixtures including underground telemetry and electrical cables for use in connection
therewith or appurtenant thereto, in, under, along and across that certain real property described In
Exhibit "A" attached hereto and made a part hereof.
TOGETHER with the right of ingress to and egress from said right-of-way and the right at all
times to enter in, over and upon said right-of-way and every part thereof and also to use said right-of-
way for all purposes connected with the laying down, constructing, reconstructing, replacing, removing,
repairing, maintaining, operating and using said pipe or pipelines.
The Grantor and the Grantor's heirs, successors or assigns shall not place or permit to be
placed on said right-of-way any building or structure, or trees, nor do nor allow to be done anything
which may interfere with the full enjoyment by the Grantee of the rights herein granted.
The Grantee agrees that said pipe or pipe lines shall be constructed and maintained at a depth
of at least eighteen (18) inches below the present surface of the ground.
The Grantee agrees upon the completion of any of its works hereunder to restore as near as
possible the surface of the ground to the condition in which it was prior to the commencement of said
work.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the
Grantee's successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this indenture this 9th
January , 19 91.
day of
TOWN OF DANVILLE
ITS:
MAYOR
ATTEST: ,',,~'~ .~~
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On this 11th day of January, in the year 1991, before me DONNA
JACKSON, the undersigned Notary Public, personally appeared MILLIE
GREENBERG, personally known to me (or provcd to mc on the basis ~f
caticfactory cvidmnc. 9) to be the person who executed this
instrument as MAYOR of the TOWN OF DANVILLE, and acknowledged to me
that the TOWN OF DANVILLE executed it.
NOTARY ' S
.,~ ,."~.,. OFFICIAL SEAL o