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Home My WebLink AboutPACIFIC BELL DBA AT&T CALIFORNIA 1 -2007 , . N-2007 -025 Encroachment Agreement AFTER RECORDING, RETURN TO: PACIFIC CJ BELL TELEPHONE COMPANY R/W OFFICE 1265 VAN BUREN ST.. ROOM 180 ANAHEIM. CA 92807 IN~Uf(P.l1CE Nor RlQUli(ElJ VJORK MAY PROCEED CLERK OF COUNCil DATE: 3 - J.'1-07 NO COMPENSA nON t determining tax: Agent 5th & 6th Street Vacation Resolution 69-27; 1971 Easement Easement Amendment and Encroachment Agreement The parties to this Agreement are The City of Santa Ana, ("Grantee"), a charter city and municipal corporation duly constituted and existing under the Constitution and laws of the State of California and Pacific Bell Telephone Company, a California Corporation dba AT&T California ("Grantor"). WHEREAS, in connection with the 5th Street and 6th Vacations (from East of Flower and West of Ross) (Resolution No. 69-27, recorded February 19, 1969, in Book 8878, Pages 863 through 866 inclusive, Document No. 11306 of the Official Records of Orange County, State of California), Grantor has reserved easements and rights of way as follows: As to Fifth Street, an easement and right of way 15.00 feet in width, the center line of which is 22.50 feet north of the center line of the vacated former Fifth Street, to construct, place, operate, inspect, maintain, repair, replace, and remove such aerial and underground communication structures as it may, from time to time, require, consisting of poles, anchors, wires, cables, conduits, manholes, markers, and necessary fixtures and appurtenances (the "Fifth Street Easement"), and As to Sixth Street, an easement and right of way 20.00 feet in width, the center line of which is 20.00 feet south of the center line of the vacated former Sixth Street, to construct, place, operate, inspect, maintain, repair, replace, and remove such aerial and underground communication structures as it may, from time to time, require, consisting of poles, anchors, wires, cables, conduits, manholes, markers, and necessary fixtures and appurtenances (the "Reserved Sixth Street Easement). Additionally, pursuant to that certain Easement Deed from the Orange County Civic Center Authority recorded April 22, 1971, in Book 9614, Pages 990 through 992 inclusive, Document No. 16930 of the Official Records of Orange County, State of California, the Grantor holds a 10 foot public utility easement adjacent to, and at times partially overlapping the easement reserved by Resolution 69-27 (the "Civic Center Authority Easement"). Collectively the" Reserved Sixth Street Easement" and the Civic Center Authority Easement shall be referred to as the "Sixth Street Easement, and collectively, .- the Fifth Street easement and the Sixth Street Easement shall be referred to as the "Reserved Easements"). WHEREAS, Grantee is the owner of the real property subject to the Reserved Easements. WHEREAS, Grantor has constructed and maintains certain underground conduits within the Reserved Easements which contain telecommunications cables and wires (the "Conduit System"). At this time, Grantor has no aerial or other above ground structures, poles or wires within the Reserved Easements. Further, there are no manholes accessing or servicing the underground conduits within the real property owned by Grantee. WHEREAS, Grantee has agreed to convey the property subject to the Reserved Easements to the State of California for the construction of a courthouse. WHEREAS, Grantor agrees to modify some terms of the easements and convey the encroachment over the Reserved Easements as amended under the terms and conditions set forth below. Grant of Encroachment. Grantor hereby irrevocably grants to the Grantee, its successors and assigns, the right to encroach upon and over the Reserved Easements for the purposes of constructing and maintaining a courthouse or other publicly owned or used structure, provided, that such right shall be exercised by Grantee and its successors and assigns in such manner as will not in any way endanger or interfere with the use, operation, or maintenance, or require the protection, relocation, or rearrangement of the Conduit System. Grantor expressly understands and agrees that the Grantee intends to convey the real property burdened by the easement to the State of California, or a department, agency or entity thereof, for the purposes of constructing and maintaining a courthouse. Conditions of Encroachment. Grantee and its successors and assigns shall defend, indemnify and hold harmless Grantor and its officers, agents, employees, contractors, and associated and affiliated companies and their respective officers, agents, and employees ("Indemnitees") from and against any and all losses, damages, expenses, costs, penalties, fines, fees (including reasonable attorneys' and consultants fees), and liabilities arising out of or in any way connected with damage to the Conduit System that is caused by Grantee's exercise of the rights granted by this agreement. Amendment of Reserved Easements. Grantor hereby relinquishes and abandons all above ground and aerial rights contained in the Reserved Easements, including any and all access rights of Grantor to maintain, service, replace or repair the Conduit System or the cables or wires contained from the surface of the real property burdened by the Reserved Easements as such rights are no longer necessary or useful in the performance of Grantor's duties to the public. Grantor hereby relinquishes and abandons those portions of the Reserved Easements which do not currently contain any part of the Conduit System as of the date of this amendment as such portions of the Reserved Easements are no longer necessary or useful in the performance of Grantor's duties to the public. 2 .~ ;. This agreement shall be binding an and shall inure ta the benefit af the parties hereta and their respective successors and assigns. Executed this 2.0Tfi day of MfJ,rZcJ-f , 2001.., THE CITY OF SANTA ANA Attest: b/- // - B~ .~~ Patricia E. Healy ,S1~he Council / I Appfoved as to F/)rm: I PACIFIC BELL TELEPHONE COMPANY, A CALIFOJNIA CORP~TIO~a AT&T BY: ,~/f ~ Ken Poland General Manager, AT&T Construction & Engineering ~~~ City Manager / By: ~---_.._._---_.._- .'.0 / .'" Jf1~ w.Ft~.._ ~i,IY Attorney) J j l , ~ . /" 3 ALL-PURPOSE ACKNOWLEDGMENT C fl [I -Eo YVl I 'If.-..-- State of County of 0 <(v.. \/1 ~ f..__ On 3- 8 - 0 7 before me, DATE I NAME, TITLE OF OFFICER-R Personally appeared K" I(\, Vr)\OI'i\L NAME(S) OF SIGNER(S) ~ersonallY known to me - OR - [ ] 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 ac- knowledged 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. o ~ i5 - N '" . o 0 i':; "''''~- :!~ocS z-oB-, SH. ' 0 II ~ 5~U ",li! ~" . ~ ~ 50 ~ 0- /l 00 0 ~ Witness my hand and official seal. IVNN CAPACITY CLAIMED BY SIGNER [ ] INDIVIDUAL(S) [] CORPORATE OFFICER(S) TITLE(S) [ ] PARTNER(S) [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR j OTHER ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THISCERTIFICAT~ TitleorTypeofJl .J r .1 k / Document bti "',.LVVl Lvl-/- /iilVI-J' A1f') Y/1ewt o.Yi{J' me.f{)IHAA fhet-U- / '/),-€..-6n -4U:: MUST BE ATTACHED -? TO THE DOCUMENT Number of Pages ? Date of Document -2 0 '.ro'07 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above I 4