Easement Agreement - Ibarra, Cesar - 2016-07-28 t .
#316 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (hereinafter "Construction
Easement") is made and entered into this 28 day of 2016 by and between Cesar
Ibarra, an individual, ("Grantor") and the Costa Mesa anitary District, a California
sanitary district("Grantee")with reference to the following facts:
RECITALS
A. Grantor is the owner of certain real property located at 2043 Calvert Avenue,
in the City of Costa Mesa, described in Exhibit C.
B. Grantee is a sanitary district charged with operating a sewer system that
includes sewer lines to collect and transport sewage for treatment.
C. As part of Grantee's sewer system it operates and maintains a sewer pump
station known as the Adams Pump Station, located on Adams Avenue to the rear of the real
property owned by Ibarra. Occasionally the Adams Pump Station needs emergency power,
and is usually serviced from Adams Avenue, necessitating traffic diversion.
D. Grantee would prefer to install an underground electrical conduit across
Ibarra's property making electrical power possible from Calvert Avenue, which would
improve worker and driver safety.
E. Grantor is desirous of providing an easement for such purposes in exchange
for the consideration provided by the Grantee for this Easement Agreement.
NOW, THEREFORE, in consideration of the above recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee, and
to its engineers and contractors operating under its supervision and direction, a
temporary construction easement to construct the appurtenances and other
improvements contemplated in that Easement Agreement for the permanent
improvements that will be recorded on the property.
2. The Improvements. The improvements are as are more specifically described in the
permanent Easement Agreement that is to be recorded, but involves trenching for
the installation of electrical conduit across the property, a reconstructed block wall,
an automatic transfer switch and cabinet and a four-foot high electrical box.
3. Temporary Construction Easement Area. While the permanent improvements will
occupy the easement area shown in Exhibits A and B to the permanent easement,
attached hereto,the construction activity will require intrusion onto a larger area of
Grantor's property for a limited time. The parties desire to set forth the terms of the
temporary construction easement to provide for that construction.
4. Term. The term of this temporary construction easement shall be 30 days from
Grantor's consent that Grantee can begin construction.Grantor may extend the term
by providing Grantee with a writing stating that the term is extended. Grantee shall
consult with Grantor on the work plan schedule and shall endeavor to sequence
construction in cooperation with Grantor.
5. Compliance with all laws. Grantee shall comply with all laws in the construction,
including ensuring that trenching safety rules are followed and that all work has
appropriate permission by other government entities or utilities. Grantee shall
provide any notices regarding lateral support to adjoining property owners if such
lateral support may be affected, in accordance with Civil Code §832.
6. Hold Harmless from Mechanic's Liens. Grantee shall ensure that all laborers and
suppliers are paid and shall defend and hold harmless Grantor from any mechanic's
lien claims.
7. Insurance. Grantee agrees to ensure that sufficient insurance is provided for the
project, including liability and worker's compensation. Grantee shall be a named
additional insured on liability insurance.
8. Safety. Grantee shall ensure that persons performing said work are responsible for
the safety and site condition.
9. Dust palliation. Grantee shall be responsible to ensure that the grounds are dust
palliated and that nuisance conditions not be allowed to occur.
10. Soil and water removal. Grantee shall ensure that excavation soil and any water
removed are disposed of in a lawful manner.
11. Restoration of the area/repair of damage. Grantee shall ensure that any damage or
alteration of Grantor's property is repaired and restored to an equal or better
condition.
12. Construction/Staging/Storage Area. Grantor does hereby provide Grantee and its
engineers and contractors the temporary right to use the entirety of the property at
2043 Calvert Avenue, Costa Mesa, for construction, staging and storage for the
construction project for the limited term hereof, subject to the reasonable
accommodation of Grantor's needs.
13. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from
any and all claims or liability arising from the construction occurring pursuant to
this temporary construction easement.
14. Modification. This Agreement may not be modified or amended unless in writing
and signed by the parties with authority to do so.
GRANTOR
e barra
GRANTEE
COSTA MESA SANITARY DISTRICT
Presiden
cl4X &atu
Secretary