Loading...
CC Resolution No. 12-085 Granting Easement to PG&E RESOLUTION NO. 12-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE GRANTING OF AN EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION WHEREAS, The City Council of the City of Cupertino approves the executing of an Easement Deed attached hereto and made a part hereof, which is in good and sufficient form, granting Pacific Gas And Electric, a California Corporation, County of Santa Clara, State of California, easement over certain property for utilities purposes situate by the Don Burnett Bridge on a 1.6204 acre parcel of land described in the Judgment dated March 19, 2012 and recorded as Recorder's Serial Number 21591730 in the Official Records of Santa Clara County, more particularly described in Exhibit"A" and "B", attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino is approving said grant of easement; and IT IS FURTHER RESOLVED that the Pacific Gas and Electric Company is hereby authorized to record said easement deed and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of August, 2012 by the following vote: Vote Members of the City Council AYES: Santoro, Mahoney, Chang, Sinks, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: 5' APPROVED: Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino Distribution Easement(Rev.01/11) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY San Jose Land Services Office 111 Almaden Boulevard, Room 814 San Jose, CA 95113 Location: City/Uninc Recording Fee$ Document Transfer Tax$ [ ]This is a conveyance where the consideration and Value is less than$100.00(R&T 11911). [ ]Computed on Full Value of Property Conveyed,or [ ]Computed on Full Value Less Liens &Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# 2307-02-2486 EASEMENT DEED CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: The 1.6204 acre parcel of land described in the Judgment dated March 19, 2012 and recorded as Recorder's Serial Number 21591730 in the Official Records of Santa Clara County. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land of the uniform width of twelve feet, the center line of which is delineated by the heavy dashed line as described upon Exhibit "A" and shown upon Exhibit"B" attached hereto and made a part hereof. GRANTORS ; COPY �� Distribution Easement Rev.(01/1 1) Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations. Grantor shall not erect or construct any building or other structure or drill or operate any well under or within six feet of the center line of the facilities installed hereunder by Grantee. Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communications facilities within said easement area (including ingress thereto and egress therefrom). Grantor acknowledges that they have read the "Gran: of Easement Disclosure Statement", Exhibit"C", attached hereto and made a part hereof The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated: AuG-uS r 9 , t z . CITY OF CUPERTINO, a municipal Corporation of the State of California J By 6-/ AM4 C 4AtJ By (N TERIM Ci-ty MAMA GEEz I hereby certify that a resolution was adopted on the 1 rH day of ,4v&-us.r , 20 1 2- , by the CuPEp. rrnlo cl-ty c0u" c—(L authorizing the f6r-;oin::-\ grant of easement. By /4 I I, ^ J Distribution Easement Rev.(01/11) State of California County of 54NTA GL A -A ) On At'&i'sr 9 r 2012 ,before me, KIac-rev AvoEE S4UtRc(A, N0-r4Ry PJBuc , Here insert name and title of the officer personally appeared /41-11 CH A N who proved to me on the basis of satisfactory evidence to be the person whose namec,8')(9are subscribed to the within instrument and acknowledged to me that he she hey executed the same in hi3/their authorized capacity sf,, and that by hide their signature;()"on the instrument the persons; or the entity upon behalf of which the person,()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. KIRSTEN RENEE SOUARCIA + Commission * 1906898 Notary Public-California WITNESS my hand and official seal. i ' Santa Clara County �` My Comm. Expires Oct 4.2014 Gam- (Seal) Signature of Notary ublic CAPACITY CLAIMED BY SIGNER [ ] Individual(s)signing for oneself/themselves [ ] Corporate Officer(s)of the above named corporation(s) [ ] Trustee(s)of the above named Trust(s) [ ] Partner(s)of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other June 14, 2012 Job. No. A03229-7 Page 1 of 2 EXHIBIT "A" Legal Description Pacific Gas & Electric Easement A twelve (12.00) foot wide Pacific Gas and Electric Easement situate in the City of Cupertino, County of Santa Clara, State of California and being a portion of the Lands of the City of Cupertino as described in that certain Document recorded on March 21, 2012, as Document Number 21591730, Santa Clara Records and lying six (6.00) feet on each side of the following described centerline: Beginning at a point on the easterly line of said Lands of the City of Cupertino, said point being distant North 89°47'00" East, 153.24 feet and South 00°09'10" East, 1263.21 feet from the monument marking the intersection of Mary Avenue and Homestead Road as shown on that certain Map of Tract No. 4465 filed for record on March 26, 1968 in Book 235 of Maps at page 20, Santa Clara County Records; Thence leaving said easterly line and continuing along said centerline the following three (3) courses and distances; 1. South 75°19'55" West, 131.88 feet; 2. South 4°09'00" West, 26.96 feet; 3. South 75°04'46" West, 15.38 to the point on the westerly line of said Lands of the City of Cupertino and the Point of Termination. Said point being distant North 4°09'00" East, 6.35 feet from the southeast corner of Lot 27 of Tract Map No. 5722, which Map was filed for record on September 16, 1975 in Book 361 of Maps at pages 33 and 34, Santa Clara County Records. As shown on Exhibit "B" attached hereto and by this reference made a part hereof Description prepared by Kier& Wright Civil Engineers & Surveyors Inc. 6 - 14 _ e U ' 7 Date Ji my R. Vigil, L. I\PROJECTS\A03229-7\DOCS\Legal Descriptions\AI20612 EXHIBIT A.doc • LEGEND ■ ra PROPERTY LINE -- C'S) L AND So W EASEMENT - - �' o-( R. t// �F EASEMENT CENTERLINE - - - � C/ Fsi MANHOLE O MONUMENT R• U- w * z 1 Basis of Bearings: `rte o. 625c° �P The bearing of North 89°47'00" East on the centerline of qTF OF \--\ �� C..) Homestead Road as shown on that certain Map of Tract No. A 4465 filed for record on March 26, 1968 in Book 235 of Maps at Page 20, Santa Clara County Records was taken as the Basis of all Bearings shown on this map. I / I Q _JF+— I o LAURENTIAN WAY r — B.iN, a4 Cr; N F--1 /STATE O F RIWGHAT Y " '�� % W '� CC!] I W A 1 STEAD WOODS J, LOT 1 27 .:.:•RAC •-o. 5729 i `P. N 04°09'00"E (36) M 33034) SU a• `-�n__ o © � x 6.35' .SnPORriT. .. 3© v,� /-POINT OF _..._ �� , [-POINT _ i OT as f� 26.96'9 00 W EM T - - - G&E EN z N I 0 rq CITY CF: !Y�;t) v.'? 6Off, ^F. CUPERTINO u, [:s s 0p` p o CORPORATION wz til • •,,3 [: •. \ Q Z N O _.• T. , S 75°19'55"W °o N.z z ^02 'c.,. 0 \\131.88' L11<U rn0 [� r •;U. w O t,;; \ EOf tS LANDS OF THE IOpv, .p T` `0' ` t 1E%G&E CITY OF CUPERTINO zm �;•• o CEN PACIFIC BELL ° \V-\ SEMEN (DOC. NO. 21591730) ESM'T. DOC--- NO. 20854122 \ N 00°09'10"W _, 31.96' -� __ — _ _ 1263.21' LANDS OF THE CITY `1� ■ LANDS OF FREMONT S 00°09'10"E V 1295.07' OF CUPERTINO UNION HIGH SCHOOL v (DOC. NO. 20943339) \ 1 (8620 OR 487) -2- ,N,{ 10.00' PG&E ESMT. - - 1/_____■- .1 (6606 O.R. 30) PG&E EASEMENT ti (9169 O.R.423) POINT (DOC. NO 18974778) OF BEGINNING MARY AVENUE • PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE F„ OR: PACIFIC GAS & ELECTRIC COMPANY 1"=60' CUPERTINO CALIFORNIA DR. BY CJ/BN k KI ER & WRIGHT SOB A03229-7 EXHIBIT Br, w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard,Building 22 (408)727 6665 DATE JUNE, 2012 San:a Clara,California 95054 fax(408)727 5641 2 OF 2 11SER:ciunokas I:\PROJECTS\A03229-7\DWG\SURVEY\PLAT\PG&E ESMT PLAT\C-PLAT-PG&E-ESMT-FOSC.dwa JULY 12. 2012 9:32 AM Distribution Easement Rev.(01/11) Pacific Gas and Electric Company [J & EXHIBIT "C" GRANT OF EASEMENT DISCLOSURE STATEMENT This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E's applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E's applicant requesting the extension of PG&E utility facilities to the applicant's property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement. • By granting this easement to PG&E, the easement area may be used to serve additional customers in the area. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E's contractors perform this work on your property, if available, or granting permission to PG&E's applicant or the applicant's contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you. • The California Public Utilities Commission has authorized PG&E's applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant's contractor, to work on your property. Upon completion of the applicant's installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant. By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records. Distribution Easement Rev.(01/11) Area 3, De Anza Division San Jose Land Service Office Electric Distribution MDM, T.07S., R.02W., SEC 11,NW 1/4 of SE t/4 FERC License Number(s): N/A PG&E Drawing Number(s): SJL-14845 PLAT NO.: G-13-13 LD of any affected documents: 2307-02-1779 LD of any Cross-referenced documents: 2307-02-13.59 TYPE OF INTEREST: 4, 6 43 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed) Order# or PM#: 30436207 JCN: N/A County: Santa Clara Utility Notice Numbers: 851 Approval Application No. Decision_ Prepared By: lnv5 Checked By: dan9 Revision Number: