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Home My WebLink AboutRES 1987-48 - Board RESOLUTION NO. 8748 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACCEPTING A WATER LINE EASEMENT FROM ANTHONY AND MARY RIVARA FOR THE HIRSCHDALE WATER SYSTEM IMPROVEMENTS WHEREAS , a water line easement has been provided by Anthony and Mary Rivara to accomodat.e the Hirschdale water system improvements; and WHEREAS, District Counsel has reviewed the easement and determined that it is acceptable and ready for recording; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1 . To accept the easement over AP 7r1s 48-110-09 , 48-110-10 and 48-110-11 for water line purposes as described in the easement agreement signed by Anthony and Mary Rivara, copy of which is attached b.ere it:o. 2. That the Clerk of the Board be directed to record the easement with the County of Nevada. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 19th day of October, 1987 by the following roll call vote: AYES: Aguera, Cooley, Maass , Sutton and Corbett. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT ),e 4 e-,e � By Jo L. Corbett, President ATTEST: Susan Macdonald, Deputy District Clerk sm/d2a.56 Recording Requested By: JOHN M. PHELPS PORTER, SIMON, GRAHAM AND PHELPS Profession Corporation WHEN RECORDED, MAIL TO: JOHN M. PHELPS PORTER, SIMON, GRAHAM AND PHELPS Professional Corporation Post Office Box 2819 Truckee, California 95734 EASEMENT AGREEMENT This Agreement is entered into as of the day of October, 1987, by and between the Truckee Donner Public Utility District, a local public agency of the State of California (hereafter the "DISTRICT") and Anthony Rivara and Mary Rivara, husband and wife (hereafter "RIVARA") with respect to the following facts: A. RIVARA owns various real properties located within the Hirschdale subdivision of Nevada County, California, including, but not limited to, assessor parcels nos. 48-110-09, 48-110-10, and 48-110-11. B. The DISTRICT intends to install a water distribution system, for domestic consumption, within the Hirschdale subdivision. C. An easement in favor of the DISTRICT was granted to the DISTRICT by the prior owner of the parcels described above, A.F. ,. . Rodrigues, pursuant to a GRANT OF EASEMENT recorded on EASEMENT AGREEMENT Page 1 TDPUD\Hirschdale.riv November 20, 1986, as Document No. 86 30194 of the Official Records of Nevada County (hereafter the "PRIOR EASEMENT") . D. The parties desire to release the PRIOR EASEMENT, and desire to create a new temporary construction easement in favor of the DISTRICT, in order to enable the DISTRICT to proceed with the installation of the water distribution system. E. After installation of the water distribution system, the parties desire to release the temporary construction easement, and to replace it with a permanent easement. WHEREFORE, the parties hereto agree as follows: 1. Release of PRIOR EASEMENT. The DISTRICT hereby remises, releases and forever quitclaims to RIVARA any and all interests in the PRIOR EASEMENT. 2 . Grant of Temporary Construction Easement. ANTHONY RIVARA and MARY RIVARA, husband and wife as joint tenants, hereby grant to the DISTRICT a temporary construction easement, as hereafter described, twenty (20) feet in width, situated in Juniper Way, in the Hirschdale subdivision, Nevada County, California, and extending approximately ten (10) feet on either side of that certain line described as "A" LINE, on that certain map entitled "Truckee Donner Public Utility District - Hirschdale Water System Rehabilitation - General Plan, Sheet 2 of 411 , prepared by Cook Associates, bearing the number 86302/7-86, the signatures of the parties to this Agreement, the same date as this Agreement, and located and stored in the DISTRICT offices. EASEMENT AGREEMENT Page 2 TDPUD\Hirschdale.riv 3 . Nature and Scope of Easement. The Easement granted herein shall be a temporary construction easement, for the purpose of construction of the water distribution system, and shall include the right to construct, place, operate, inspect, maintain, replace and remove facilities consisting of underground water lines, fittings, valves, fire hydrants, and service boxes; underground conduits, pipes, manholes, service boxes, wires, cables , and other electrical conductors and appurtenances necessary to any and all of the foregoing, together with the right of way therefor and the right of ingress thereto and egress therefrom across, upon, in and under the temporary construction easement. 4 . Restrictions on Easement. The DISTRICT agrees that in connection with the installation and maintenance of the water distribution system, it shall not cut, damage, or remove any trees without the written permission of RIVARA. The DISTRICT further agrees that after completion of construction, it shall restore the surface terrain to the condition that it was in before initiation of construction, and shall replace any asphalt or pavement disturbed by construction. In the event that after the installation of the water distribution system, the easement is later surfaced with gravel, asphalt, concrete or any other road material, the DISTRICT agrees that in the event it is necessary to excavate, for repair or maintenance, the DISTRICT shall, after such excavation, repair such road material and return the surface to the condition that it was in prior to such EASEMENT AGREEMENT Page 3 TDPUD\Hirschdale.riv excavation. The DISTRICT agrees that it shall not use any cinder products as backfill in connection with the installation of the water distribution system. 5. Eventual Grant of Permanent Easement. The parties agree that the easement granted herein is intended to be a temporary construction easement. Upon completion of the installation of the water distribution system, the DISTRICT will cause a survey to be made of the actual location of the water distribution system, and thereupon the parties agree that this temporary construction easement shall be released, and RIVARA shall grant to the DISTRICT a permanent easement, ten (10) feet in width, extending five (5) feet on either side of the installed water distribution system. The permanent easement shall be for the purpose of maintaining and repairing the water distribution system, and the nature and scope of the permanent easement shall be described in the same manner as in paragraph 3 , above. Until the permanent easement contemplated herein is granted by RIVARA, this temporary construction easement shall remain in full force and effect. 6. Attorneys' Fees. In the event of any litigation to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys ' fees as fixed by the Court. 7. Governing Law. The construction of this Agreement, and the rights and liabilities of the parties hereto, shall be .. governed by the laws of the State of California. EASEMENT AGREEMENT Page 4 TDPUD\Hirschdale.riv 8. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. 9. Necessary Acts. Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. Dated: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By. ANTHONY RIVARA John L. Corbett, President MARY RIVARA STATE OF CALIFORNIA ) ss. County of Nevada ) On October before me, a Notary Public, personally appeared JOHN L. CORBETT, known to me (or proved to me on the basis of satisfactory evidence) to be president of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, who executed the within instrument on behalf of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, and acknowledged to me that such agency executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public My commission expires: EASEMENT AGREEMENT Page 5 TDPUD\Hirschdale.riv STATE OF CALIFORNIA ) ss. County of Nevada ) On October before me, a Notary Public, personally appeared ANTHONY RIVARA, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public My commission expires: STATE OF CALIFORNIA ) ss. County of Nevada ) On October , before me, a Notary Public, personally appeared MARY RIVARA, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed the same. WITNESS my hand and official seal. Notary Public My commission expires: EASEMENT AGREEMENT Page 6 TDPUD\Hirschdale.riv