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Home My WebLink AboutSCVWD - Purchase and Right of Way Agreement for Camino Arroyo BridgePURCHASE'. A14D RIGHT OF WAY AGREEMENT Project: West Branch Llagas Grantor: SMAND Real Estate File No. 5031 -4.01 & 50.01 Project /Charge No. 62011002 PURCHASE AND RIGHT OF WAY AGREEMENT ThiA rVt q � Right of Way Agreement (this "Agreement ") is entered into on , 2011 ( "Agreement Effective Date "), by and between the Santa Clara Valley Water District, a Special District, created by the California State Legislature ( "Grantor) ", and the City of Gilroy, a California municipal corporation ( "Grantee "). WHEREAS, the Grantor is the owner of the real property described in the Grant Deed attached hereto as Exhibit A (the "Grantor Property "); WHEREAS, the Grantee desires to obtain a fee simple interest in the Grantor Property for the purpose of constructing, operating, and maintaining a bridge thereon; WHEREAS, the Grantor desires to transfer fee simple ownership of the Grantor Property to the Grantee, but under the condition that Grantor and its employees and contractors have a continuing right to access and use the Grantor Property to carry out water management, storm drainage flood protection maintenance activities on the Grantor Property as described in this Agreement and its attachments; and WHEREAS, the Grantee and the Grantor desire to set forth their respective obligations with respect to each other and to the transfer described in this Agreement. NOW, THEREFORE, for good and valuable consideration the receipt and legal sufficiency of which are hereby acknowledged, the Grantee and the Grantor hereby agree as follows: 1. CONVEYANCE OF REAL PROPERTY. Grantor agrees to sell to Grantee, and Grantee agrees to purchase from the Grantor, all of Grantor's fee simple interest in the Grantor Property for $1,400. The Grantor reserves for itself and its employees and contractors those easement rights to access and use the Grantor Property for water management and storm drainage purposes that are set forth in the Grant Deed, attached hereto as Exhibit A. 2. PURCHASE AND TRANSFER OF RIGHTS OF WAY a. The consummation of the purchase and sale of the Grantor Property (the "Closing" or "Close of Escrow ") shall take place on , 2011 (the "Closing Date "), through an escrow ( "Escrow') established with Old Republic Title Company at its offices located at 8060 Santa Teresa Blvd., Suite 100, Gilroy California, 95020, with Jan Wallace as the designated escrow officer (the "Title Company "), as evidenced by recordation of a Grant Deed duly executed by Grantor in favor of Grantee in the form attached hereto as Exhibit A (the "Grant Deed ") in the Official Records of Santa Clara County, California ( "Official Records "). b, Prior to Closing, in sufficient time prior thereto to allow Closing to occur on the Closing Date, Grantor shall cause to be delivered into the Escrow the Grant Deed, duly executed by Grantor and with signatures notarized to the extent required for recordation in the Official Records, and such additional instruments or documents reasonably required in order to consummate the purchase and sale of the Grantor Property pursuant to this Agreement, to the extent consistent with this Agreement, including without limitation BC846460v2 C:\Documents and Settings \dhugheslocal Settings \Temporary Internet Files\ Content. Outlook\ 7LFS7612 \8418agmt_bi- 4- 20- 11.docx Any party may designate another addressee (or a different address) for notices hereunder by notice given pursuant to this paragraph. A notice sent in compliance with the provisions of this paragraph shall be deemed given on the day after the notice is sent. 5. COSTS. Except as may be otherwise provided for herein, each of the parties hereto shall each bear their own legal fees and other costs incurred in connection with the preparation of this Agreement, and the consummation of the transactions contemplated by this Agreement. 6. MISCELLANEOUS a. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Grantor and Grantee. Grantee may assign its rights hereunder to any entity, provided, however, that such assignment shall not relieve Grantee of any of its obligations hereunder. b. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment or exhibits hereto. c. Entire Agreement. This Agreement embodies the entire agreement between Grantee and Grantor in connection with this transaction. This Agreement cannot be modified except in writing signed by all parties. IN WITNESS WHEREOF, Grantee and Grantor have executed and delivered this Agreement as of the Agreement Effective Date. District has executed this agreement as of: 'o 2011, Grantor: SANTA CLARA VALLEY WATER DISTRICT By: f/ Title: C �o ILROY AT7 By: By: Thomas J. Haglund, City Administrator APPROVED AS TO FORM: Linda A. Callon, City Attorney BC846460v2 C:\Documents and Settings\dhughes%ocal Settings \Temporary Internet Files\ Content. Outlook\ 7LFS76J2 \8418agmt_bi- 4- 20- 11.docx roadway, bhUg8. structure, 0[ other improvement locale oil the P0pRdv, except aa provided in the next 80UhenCO3 Notwithstanding the foregoing, Grantor's ' use Of Ul8 Property Sh8|i be conducted in 8 [O8DneF that d08S not dOnl@Q9 Grantee's iDopK)venl8ntS located UO the Property O[ConlpnJO0iS8 the St[UC(u[8| support OfSUc|. inlpnnYR}lOeDfs, and Grantor ,;hall p[0[Upi}y repair any damage c8US8d to {3[8Diee`S i[Dpn}Y8DleDts by the 8XSn:iSe of Grantor's rights hereunder. Grantor shall not be required to repair any damages unrelated t0eiihe[ds use 0f the Property 0|' the actions Vf its employees 0[ agents 0n the Property. This conveyance to Grantee iGm8desubject to the following restrictive covenant that runs with the |3Od and dl8U be binding upon the G[8D1ee. KO sUCCeSGo[S and assigns: G[8Dƒe8 (including its GUCn8SSO[a and @SsigDG\ will not grade, CUDS(DJC\' install, or [Cnl0v8 any above-ground or underground iDlp[0V8Dlent3. including N3get8UoD. located on the Property without the written permission of Grantor's authorized representative. SANTA CLARA VALLEY WATER DISTRICT b-eaG-G'61d)fip—e/��ief Executive Officer BC84G460v2 oAoocumonwanm oan"os\rumpurary|niernet Fi|es\Cnntent1]udook\7LFS76]2\8418aDmt_bi-4'20'11docx Z-7-,r -- 1 / /g /T 2? » LINE SCHEDULE (� S85- 30'18"W 123.51' S31 32'48 "E 224.58' �q N85^30'18 "E 123.51' (� N31" 32'48 "W 224.58' �1� c��R SBS, T PARCEL "B" BK L618 PG. 0184 PARCEL 1 TRACT NO. 9401 BK 751 MAPS PG. 10 -15 c^ 2' P.O.C. Cw/ PARCEL q 1 0.567 ACRERE S 4� T1 PARCEL "A" BK L618 PG. 0184 T.P.O. B. PARCEL 1 TRACT NO. 9463 BK 772 MAPS PG. 1 -4 MONUMENT IN WELL ¢o FL PER TRACT NO. 9401 ,`4, r J SCALE: 1"=200' Ex�. 9 -30 -12 GRAPHIC SACL BASIS OF BEARINGS O200 STgTFOF" CALIFOP P TRACT MAP NO. 9401 BK 751 MAPS PG. 10 -15 SCALE IN FEET D O KKE N JOB N0. 1450 PLAT OF DESCRIPTION DATE: 7-7-11 CITY OF GILROY, CA. DWG. PARCEL--A E N G I N E E R I N G CAMINO ARROYO BRIDGE DRAWN BY: K. DANG 2365 IRON POINT ROAD, SUITE 200 S.C.V.W.D. CHANNEL FEE TAKE SCALE: i' Q 200' FOLSOM, CA 95630 TEL. (916)858 -0642 CHECKED: T. FLETCHER RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: ATTENTION: CITY CLERK CITY OF GILROY 7351 ROSANNA STREET GILROY, CALIFORNIA 95030 APN: 841 -18 -053 (ptn) SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT NO.: 5031 -4.01, 50.01 GRANT DEED WITH RESTRICTIVE COVENANT RUNNING WITH LAND AND RESERVATION OF EASEMENT RIGHTS SANTA CLARA VALLEY WATER DISTRICT (Grantor), a Special District, created by the California State Legislature, does hereby grant to the City of Gilroy (Grantee), a municipal corporation, all that real property in the City of Gilroy, County of Santa Clara, State of California, more particularly described in "Exhibit A ", attached hereto and made a part hereof, and shown on Exhibit "B" ( "Property "). RESERVING, unto Grantor, an easement within the Property for the purposes of ingress and egress and for water management and storm drainage purposes in, upon, over, under, and across the Property. The easement reserved herein includes the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove vegetation or other improvements within the easement area as may constitute a hazard to persons or property or may interfere with the use of the Property for said easement purposes reserved. It also includes the right to enter upon the Property with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said channel, protection works, and appurtenant structures by Grantor, its officers, agents, employees, and by persons under contract with it and their employees whenever and wherever necessary for the purposes reserved. Neither this reservation nor anything contained in this Grant Deed shall be construed as an assumption or acceptance by the Grantor of any responsibility for Grantee's construction, reconstruction, repair, operation, or maintenance for any roadway, bridge, structure, or other improvement located on the Property, except as provided in the next sentence. Notwithstanding the foregoing, Grantor's use of the BC846460v2 - W: \R Estate \DOCUMENTS \8400- 8499 \Brad \8419deed_bi - 4.20- 11.docx w. 4th r, Property shall be conducted in a manner that does not damage Grantee's improvements located on the Property or compromise the structural support of such improvements, and Grantor shall promptly repair any damage caused to Grantee's improvements by the exercise of Grantor's rights hereunder. Grantor shall not be required to repair any damages unrelated to either its use of the Property or the actions of its employees or agents on the Property. This conveyance to Grantee is made subject to the following restrictive covenant that runs with the land and shall be binding upon the Grantee, its successors and assigns: Grantee (including its successors and assigns) will not grade, construct, install, or remove any above - ground or underground improvements, including vegetation, located on the Property without the written permission of Grantor's authorized representative. Dated this `) day of /�Q 20 l/ SANTA CLARA VALLEY WATER DISTRICT By: 0_�__) ___ _ Be4Tboldi c /Chief Executive Officer BC846460v2 - W: \R_Estate \DOCUMENTS \8400 -8499 \Bra d \8419d eed_bi- 4- 20- 11.docx LINE SCHEDULE / Q S85`30'18 "W 12,151' J (:3 531-32'48-E 2-24.55' 0 ; Job No. 01 -06 S.C.V.W.D. Property Exhibit "A" All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows; Being a portion of the lands of Santa Clara Valley Water District: described in deed recorded in Book 9231 of Official Records at Page 455, and in that certain Final Order of Condemnation filed in the Superior Court, County of Santa Clara entitled "Santa Clara Valley Water District, Plaintiff, vs Joe R. Sn-►olen, et -al, Defendants ", Case No. 568873, recorded February 14, 1991 in Book 1:618 Pace 0184 Official Records, in the Office of the Recorder, County of Santa Clara, State or California, further described as follows; Commencing at a monument in well as shown on the leap of Tract No. 9401 as recorded in Book 751 of Maps at Page 10 thru 15, Santa Clara County Records said monument lying on the centerline of Camino Arroyo and bearing South 31 ° 32'48" East along said centerline 374.78 feet from the southerly line of said lands; Thence along said centerline North 31 °32'48" West, 374.78 feet to the southerly line of the said lands; Thence North 85'30'18" East along said southerly line 61.76 feet to the "True Point of Beginning "; Thence leaving said southerly line North 31 °32'48" West, 224.58 feet to the northerly line of said lands; Thence along said northerly line South 85 1130'18" West. 123.51 feet; Thence leaving said northerly line South 31'32'48" East, 224.58 feet to said southerly line; Thence along said southerly line North 85'3 0" 18" East, 123.51 feet to the "True Point of Beginning ". Containing 0.567 acres more or less. The basis of bearings for this description is identical with the Bearings shown on Tract No. 9401. as recorded in Book 751 of Maps at Page 10 thru 15, Santa Clara County Records. J..IHSi! Cr .y- bIGTr. RctRr g Yls +, mut i q ,I,_SrPgN+rxhibit A duu BC846460v2 - W: \R— Estate \DOCUMENTS \8400- 8499 \Brad \8419deed bi- 4- 20- 11.docx CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT FC 1353 (2- 28 -08) STATE OF CALIFORNIA COUNTY OF SANTA CLARA On _ tVo+1jy)I QV- 15ILDI ( before me mtb w, L I/ A Date Here Insert Notary Public personally appeared_ I &OAA (001 ( c Name(s) of Signer(s) Commission * 1946542 Notary Public - California Santa Clara County Comm. Expires Ann a4 sr, Place Notary Sea! Above DOCUMENT NO.: 5031 -4.01 & 50.01 and Title of Officer who proved to me on the basis of satisfactory evidence to be the person(,g) whose namer(s) is /are subscribed to the within instrument and acknowledged to me that he /she/thgy executed the same in his /tierAheir authorized capacitypes), and that by histherlttreir signature(s) on the instrument the person($), or the entity upon behalf of which the person (g) 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 —J' z�� a Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: _ Capacity(lies) Claimed by Signer(s) Signer's Name: Number of Pages: Signer's Name: ❑ Individual ❑ Comm.s k ;,> ❑ Notary nrma ❑ r:a ❑ Partner - ❑ Limited ❑ General ❑ ' ^ . MICHELE L. KING Attorney in Fact RIGHT Commission 1 1946542 °+ Notary Public - California ZZ Trustee T Clara County MyC',_ , !saug29,20151 Commission * 1946542 Notary Public - California Santa Clara County Comm. Expires Ann a4 sr, Place Notary Sea! Above DOCUMENT NO.: 5031 -4.01 & 50.01 and Title of Officer who proved to me on the basis of satisfactory evidence to be the person(,g) whose namer(s) is /are subscribed to the within instrument and acknowledged to me that he /she/thgy executed the same in his /tierAheir authorized capacitypes), and that by histherlttreir signature(s) on the instrument the person($), or the entity upon behalf of which the person (g) 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 —J' z�� a Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: _ Capacity(lies) Claimed by Signer(s) Signer's Name: Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate officer - Title(s): ❑ Corporate officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact RIGHT Attorney in Fact ❑ Trustee T ❑ Trustee ❑ O SIGNER Guardian or Conservator Top of thumb here ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: 0ACalifornia All Purpose Acknowledgment_FC 1353.docx Signer Is Representing: here