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HomeMy WebLinkAbout24- Public Works i ORIOo � AL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Resolution authorizing the execution of an easement to Southern California Edison Dept: Public Works Company across City Water Department property located southwest of Orange Show Road and Date: August 26, 2010 Washington Avenue. File: 15.0213-11 MCC Date: September 20, 2010 Synopsis of Previous Council Action: 12/01/2003 - Resolution No. 2003-334 approving a Grant of Easement to Mountainview Power Company LLC, for the operation and repair of a wastewater discharge line, was adopted. Recommended Motion: Adopt Resolution. . Robert Eisenbeisz Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Letter,Reso Ward(s): 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.)N/A Acct. Description: N/A � Finance: Council Notes: JS esa a a/O -3/4' Agenda Item No. 69-ao �2oio CITY OF SAN BERNARDINO REQUEST FORCOUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the execution of an easement to Southern California Edison Company across City Water Department property located southwest of Orange Show Road and Washington Avenue. BACKGROUND: On December 1, 2003, Resolution No. 2003-334 was adopted granting an easement to the Mountainview Power Company, LLC (MPC) over San Bernardino Municipal Water Department (Water Department)property for a waste discharge pipeline. The easement is generally located at the south end of the Water Department's Reclamation Plant, southwesterly of Orange Show Road and Washington Avenue(see attached maps). MPC has determined that the original easement legal description is slightly out of alignment with the actual pipeline placement. Since this determination, MPC has been acquired by Southern California Edison Company (SCE). SCE has submitted a quitclaim of the old alignment and has requested a new easement along the new alignment. SCE has prepared an easement for execution, which includes standard Water Department conditions. On August 3, 2010, the Board of Water Commissioners recommended approval of acceptance of the quitclaim by the City Clerk, and the granting of a new easement to SCE. If approved, both documents will be recorded concurrently. The attached resolution authorizes the execution of an easement to SCE.All recording fees associated with this easement will be paid by SCE. FINANCIAL IMPACT: None. Southern California Edison Company will pay all recording fees relative to this easement. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Water Department Memo 2 Qv Q 4 c c 15 cdd ke�daii e/ O, 40th St. 330 Y in Marshall Blvtl. m 210 Highland Ave. as° IN 3 a N Base Line St. 3 9th St y 5th SL 0 0 C Rialto Ave. m ti 5 ¢' Mill St. � V l8 Orange how Rd. r LOCATION OF ✓Y PROPOSED EASEMENT AREA VICINITY MAP ZV p NTS tl CITY OF SAN BERNARDINO Proposed Easement to SCE for a waste discharge PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION pipeline on City Water De t art ment Property - southwest of Orange Show Road and Washington Avenue (APN: 0141-311-06). ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval Date: o8n9i2oto I CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM TO: Ryan Sandoval, Real Property FROM: Sydney Morrison, Senior Administrative Coordinator i SUBJECT: ACCEPTANCE OF A QUITCLAIM DEED AND APPROVAL TO GRANT AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR AN EXISTING WASTE DISCHARGE LINE LOCATED SOUTHWEST OF ORANGE SHOW ROAD AND WASHINGTON AVENUE (EPN 2004-068) DATE: August 3, 2010 The Board of Water Commissioners, at their regular meeting held on Tuesday, August 3, 2010, unanimously voted to: 1. Accept the quitclaim easement of Southern California Edison (Instrument No. 2004- 0071250) back to the City of San Bernardino, and authorize submittal of the quitclaim easement documents to the City Clerk for signature and recordation. 2. Grant a new easement to the Southern California Edison company for a waste discharge line in the adjusted location southwest of Orange Show Road and Washington Avenue (on the property known as APN 0141-311-06) as described in the easement documents and authorize staff to submit the easement documents to the Mayor and Common Council for approval and recordation. This item was approved by the following vote to wit: AYES: Commissioners Callicott, Cocke, Miller, Fernandez, Hendrix NAYS: None ABSENT: None Should you have any questions, I can be reached at ext. 3499. hank yo S n Morrison e for Administrative Coordinator 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY ACROSS CITY WATER DEPARTMENT 4 PROPERTY LOCATED SOUTHWEST OF ORANGE SHOW ROAD AND 5 WASHINGTON AVENUE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of the City, a Grant of Easement to Southern California Edison 10 Company across City Water Department property, located at the south end of the City of San 11 Bernardino Water Reclamation Plant, southwesterly of Orange Show Road and Washington 12 Avenue, more fully described in the Grant of Easement document attached hereto as Exhibit"I" 13 14 and made a part hereof. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �1� .. I RESOLUTION OF THE CITY OF SAN RERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY ACROSS CITY WATER DEPARTMENT PROPERTY LOCATED SOUTHWEST OF ORANGE SHOW 3 ROAD AND WASHINGTON AVENUE. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof held on 6 7 the day of 20�by the following vote,to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 13 BRINKER © 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 120 . 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 27 S F. PENMAN, City Attorney 28 08/26/10 2 EXHIBIT "I" RECORDING REQUESTED BY QSOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO MOUNTAINVIEW POWER COMPANY, LLC. 25770 SAN BERNARDINO AVENUE SAN BERNARDINO, CA 92408-3154 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX$ SER.68548A S.O. 800342561 Location:San Bernardino COMPUTED ON FULL VALUE OF PROPERTY CONVEYED A.P.N. 0141-311-06 Approved OR COMPUTED ON FULL VALUE LESS LIENS AND Corporate Reel Estate RP File: ACQ2005 1 19 12 ENCUMBRANCES REMAINING AT TIME OF SALE Affects SCE Doc: N/A CITY OF SAN BERNARDINO BY LS DATE 11/01109 SIGNATURE OF DECLARANT OR AGENT DETERMINING TAXFIRM NAME GRANT OF EASEMENT This Grant of Easement is entered into by and between the City of San Bernardino, a municipal corporation, called the Grantor, and Southern California Edison Company, a corporation, ® hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under and across that certain real property described and shown on Exhibit `A", attached hereto and by this reference made a part hereof. This easement is granted subject to the conditions as shown on Exhibit "C", attached and made a part hereof. This Grant of Easement is made subject to all easements, conditions and restrictions of record, as the same may lawfully apply to the real property subject to the easement granted herein, including, without limitation, the reservations contained in that Grant Deed to the City of San Bernardino recorded May 16, 1958 in book 4510, page 182, official records of the County of San Bernardino. CITY OF SAN BERNARDINO, a municipal corporation COPY Dated: Bv: Patrick J. Morris,. Mayor Grant of Easement The City of San Bernardino, a municipal corporation, to © Southern California Edison Company, a corporation, Successor In interest to Mountainview Power Company, a Delaware limited liability company, Serial No. 68548A RP FILE: ACQ200511912 Affects SCE Doc, N/A APN: 0141-311-06 State of California ) County of ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -2- i � APN: 0141-311-06 EXHIBIT "A" PARCEL A: A STRIP OF LAND, 10 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 14, BLOCK 54 OF RANCHO SAN BERNARDINO, ON FILE IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE TWIN CREEK FLOOD CONTROL CHANNEL, 400 FEET WIDE, WITH THE CENTERLINE OF ORANGE SHOW ROAD, SAID INTERSECTION BEING SOUTH 89'23'08" WEST 420.63 FEET FROM THE CENTERLINE INTERSECTION OF ORANGE SHOW ROAD WITH WASHINGTON AVENUE, THENCE SOUTH 00'32'26" EAST 1856.00 FEET ALONG SAID EASTERLY LINE TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF A 70 FOOT WIDE TRANSMISSION LINE EASEMENT AS RECORDED IN BOOK 4155 PAGE 501, OFFICIAL RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 00'32'26" EAST 127.51 FEET; THENCE SOUTH 89'27'45" WEST 400.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID TWIN CREEK FLOOD CONTROL CHANNEL, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1000.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 89'27'45" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49'40'17" AN ARC DISTANCE OF 866.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 75'49'47" WEST 32.11 FEET; THENCE NORTH 39'59'36" WEST 135.60 FEET; THENCE NORTH 11'33'08" EAST 93.52 FEET; THENCE NORTH 52'57'33" EAST 3.38 FEET; THENCE NORTH 8334'05" EAST 2.38 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID 10 FOOT EASEMENT SHALL BE SHORTENED OR LENGTHENED TO COMMENCE ON SAID WESTERLY LINE OF SAID TWIN CREEK FLOOD CONTROL CHANNEL AND TO TERMINATE ON A LINE THAT BEARS SOUTH 06'25'55" EAST FROM SAID POINT OF TERMINATION AND ITS NORTHERLY PROLONGATION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. �01.AN... y'j�0 T.ROSF; J; _T p No.6281 Exp.9-30-2010:' OFCAOF����• _� ip�nfUN� DAVID T. ROSELL P.L.S. 6281 EkP. 9/30/10 ;AIN: 0141-311-06 EXHIBIT "B" I I z c-4j I I ° _ ��� 400.00' Z z POINT OF _ I COMMENCEMENT I a a —589'23'08"W 420.63' 3 I I ORANGE SHOW ROADq Li I a Q h o , 4 j w U m j LOT 1$ 4z QPr 1"=200' I Q� p 0001 SI A j!, I w (DI Nt& 7/2 Z Z N ml I 300 0 0 _ - 0 O v1 — o I O r _ _ I i - - - - - - I � 1 I I 127.51' - Q-:�45"W — 400.00' h I Io I_ II I III I I � ��.y5 (RAD) 589'27'45"W r3'34'05"IE lbf. S O6'25'5 5"E LOT 14 OL K J! 1^ 2.38 ' �11-Up, 7/2 lv lI col rJo 6281 :ExP.9-302010 : *� CALe /4Z7 \ �y I/ Q /off \\\ ,5 ol s PARCEL A \s TRUE POINT OF BEGINNING /j \ "'S 4841 w32. 1,, \ �` ` ✓ / DETAIL "A" ,� / NOT TO SCALE 1 PROJECT NAME: Serial Number 68548A APN: 0141-311-06 O EXHIBIT "C" CONDMONS I. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by j reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. I 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error, omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 3. Grantor reserves the right to use said real property in any manner, provided such use does © not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement to include but not limited to buildings, walls, swimming pools, ponds, fences and similar type structures. Any structures placed within easement limits without the approval of the Grantee will be removed at the Grantor's expense. 4. No substantial landscape items will be installed within the limits of this easement to include but not limited to trees, shrubs, landscape walls and similar type landscape material. Limited groundcover landscaping will be subject to written approval by Grantor and any landscape groundcover material previously approved by Grantor, and placed within easement limits and subsequently removed due to Grantee's activity shall be replaced by Grantee at Grantee's expense. Any landscape material placed within easement limits without the approval of the Grantor will be removed at Grantee's expense. 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the ® construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. W:\@Trans\@Engr\Nevarez_Mi\Form-Grant of Easement SCE 9-15-10 change to no. 4.doc I i RECORDING REQUESTED BY OSOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO MOUNTAINVIEW POWER COMPANY, LLC. 25770 SAN BERNARDINO AVENUE SAN BERNARDINO, CA 92408-3154 ATTN: TITLE 8s REAL ESTATE SERVICES i SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX S SER 68548A S.O. 800342561 Location:San Bernardino COMPUTED ON FULL VALUE OF PROPERTY CONVEYED A.P.N. 0141-311-06 OR COMPUTED ON FULL VALUE LESS LIENS AND Approved RP File: ACQ2005 1 1 912 Corporate Real Estate ENCUMBRANCES REMAINING AT TIME OF SALE Affects SCE Doe: N/A TY OF SAN BERNARDINO BY LS DATE 11101109 SIGNATURE OF DECLARANT OR AGENT DETERMINING TAXFIRM NAME GRANT OF EASEMENT This Grant of Easement is entered into by and between the City of San Bernardino, a municipal corporation, called the Grantor, and Southern California Edison Company, a corporation, © hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under and across that certain real property described and shown on Exhibit "A", attached hereto and by this reference made a part hereof. This easement is granted subject to the conditions as shown on Exhibit "C", attached and made a part hereof. This Grant of Easement is made subject to all easements, conditions and restrictions of record, as the same may lawfully apply to the real property subject to the easement granted herein, including, without limitation, the reservations contained in that Grant Deed to the City of San Bernardino recorded May 16, 1958 in book 4510, page 182, official records of the Countv of San Bernardino. CITY OF SAN BERNARDINO, a municipal corporation Dated: BV: Patrick J. Morris, Mavor 0 Grant of Easement The City of San Bernardino, a municipal corporation, to © Southern California Edison Company, a corporation, Successor In interest to Mountainview Power Company, a Delaware limited liability company, Serial No. 68548A RP FILE: ACQ200511912 Affects SCE Doc. N/A APN: 0141-311-06 State of California ) County of ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -2- AFN: 0141-311-06 EXHIBIT "A" PARCEL A: A STRIP OF LAND, 10 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 14, BLOCK 54 OF RANCHO SAN BERNARDINO, ON FILE IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE TWIN CREEK FLOOD CONTROL CHANNEL, 400 FEET WIDE, WITH THE CENTERLINE OF ORANGE SHOW ROAD, SAID INTERSECTION BEING SOUTH 89'23'08" WEST 420.63 FEET FROM THE CENTERLINE INTERSECTION OF ORANGE SHOW ROAD WITH WASHINGTON AVENUE, THENCE SOUTH 00'32'26" EAST 1856.00 FEET ALONG SAID EASTERLY LINE TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF A 70 FOOT WIDE TRANSMISSION LINE EASEMENT AS RECORDED IN BOOK 4155 PAGE 501, OFFICIAL RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 00'32'26" EAST 127.51 FEET; THENCE SOUTH 89'27'45" WEST 400.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID TWIN CREEK FLOOD CONTROL CHANNEL, SAID POINT ALSO BEING THE BEGINNING OF A NON—TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1000.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 89'27'45" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49'40'17" AN ARC DISTANCE OF 866.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 75'49'47" WEST 32.11 FEET; THENCE NORTH 39'59'36" WEST 135.60 FEET; THENCE NORTH 1133'08" EAST 93.52 FEET; THENCE NORTH 52'57'33" EAST 3.38 FEET; THENCE NORTH 83'34'05" EAST 2.38 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID 10 FOOT EASEMENT SHALL BE SHORTENED OR LENGTHENED TO COMMENCE ON SAID WESTERLY LINE OF SAID TWIN CREEK FLOOD CONTROL CHANNEL AND TO TERMINATE ON A LINE THAT BEARS SOUTH 06'25'55" EAST FROM SAID POINT OF TERMINATION AND ITS NORTHERLY PROLONGATION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. NOS el, 5 T.R L � j�0 OS� *; No.6281 EXP.9-30-2010 : z DAVID T. ROSELL P.L.S. 6281 ERP. 9/30/10 nFN: 0141-311-06 EXHIBIT ""B"" I z o� I I 0� 400.00 Z POINT OF vi a I COMMENCEMENT I a 1 —589'23'08"W 420.63' 3 s I I ORANGE SHOW ROAD w I Q e � C3 A, bi � . 1 LOT 13 1"=200' w OJ o°I SLK -54 "C')-'C'3'I v w (0l MA 772 0 � Z Z N op l ^ 0°0� 0 _ _ I 0 `� r r I $ ' �I 127.51' yS 59'2Z45" 400.00 g'1 (RAD) I '1 S89'27'45"W II f�83-34'�05'�gL S06'25'55"E LOT 1^� I.SLK � ►^ II E 2.3J�jf R 7/2 to II Iv 11 o F qP` / 11 ;� l - � � •a= O /O 11 I No.6281 _ Nk P A TRUE POINT OF BEGINMNG � ///G N7g4g,47"w 32.11, \ ��`� / DETAIL "A" / / NOT TO SCALE/' PROJECT NAME: Serial Number 68548A © APN: 0141-311-116 EXHIBIT "C" CONDITIONS I. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error, omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, court costs,expenses of litigation and reasonable attorney's fees. 3. Grantor reserves the right to use said real property in any manner, provided such use does Q not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement to include but not limited to buildings, walls, swimming pools, ponds, fences and similar type structures. Any structures placed within easement limits without the approval of the Grantee will be removed at the Grantor's expense. 4. No substantial landscape items will be installed within the limits of this easement to include but not limited to trees, shrubs, landscape walls and similar type landscape material. Limited groundcover landscaping will be subject to written approval by Grantor and any landscape groundcover material previously approved by Grantor, and placed within easement limits and subsequently removed due to Grantee's activity shall be replaced by Grantee at Grantee's expense. Any landscape material placed within easement limits without the approval of the Grantor will be removed at Grantee's expense. 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the © construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. W:\@Trans\@Engr\Nevarez_Ni\Form-Grant of Easement SCE 9-15-10 change to no. 4.doc �___ _—_ T.------- IL i a E o a Y f 3 3 I I 9 u E 6 S I O 0 F2 8 3 M I al al SI !' 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