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CC Resolution No. 15-059 Authorizing a Grant of Easement to Pacific Gas and Electric Company APN 326-27-033 and 326-29-006 Resolution No. 15-059 Page 1 RESOLUTION NO. 15-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING A GRANT OF EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY APNs 326-27-033 AND 326-29-006 WHEREAS, the Pacific Gas and Electric Company (PG&E) is constructing facilities to provide quicker response to power outages; and WHEREAS, the City of Cupertino would like to have these facilities located in an area where they can be effectively screened from view for aesthetic purposes; and WHEREAS, locating these facilities in an area where they can be screened requires the facilities to be located on portions of City owned property more commonly known as the Cupertino Senior Center (APNs 326-27-033 and 326-29-006), as depicted in the attached Grant of Easement; and WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the action in this Resolution is either exempt as a small structure, is a minor alteration of existing public structures or facilities, and there is no potential for the action .to have any significant effect on the environment. [14 Cal.Code Regs §§15303(d), 15301, and 15061(b)(3)]; and WHEREAS, these improvements as well as the screening and location of the improvements are in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Recitals. The City Council does herby find, determine, and resolve that the foregoing recitals are true and correct. Section 2. Approval and Authorization. The City Council does further resolve that: a. The City Council is the decision maker for this action under CEQA, has exercised its independent judgment and determines that the action taken in this Resolution is exempt; and Resolution No. 15-059 Page 2 b. The City Council hereby authorizes the City Manager or his designee to execute the attached Grant of Easement to Pacific Gas and Electric Company; and c. The City Clerk is directed to record the Grant of Easement, in the Official Records of the County of Santa Clara. . - Section 3: Effective date: This Resolution is effective immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this,July 7, 2015,by the following vote: Vote Members of the City Council AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong NOES: None. ABSENT: None ABSTAIN: , None ATTEST: OVE Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino Distribution Easement(Rev.12/14) RECORDING REQUESTED BY AND RETURN TO: j CITY OF CLIPERT17VO 10300 Torre Avenue r® Cupertino, CA 95014 z . 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). [ J 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# 2306-01-2337 GRANT OF EASEMENT CITY OF CUPERTINO, a municipal, corporation, 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 areas 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 Santa Clara, State of California, described as follows: (APN 326-27-033, 326-29-006) The parcel of land described in the deed from Thomas G. Ross and wife to the City of Cupertino, a municipal corporation, dated July 13, 1965 and recorded in Book 7057 of Official Records at page 660, Santa Clara County Records. The parcel of land described in the deed from Valley Title Company, to the City of Cupertino, dated April 11, 1.974 and recorded in Book 0914 of Official Records at page 545, Santa Clara County Records. Said easement areas are as shown in Exhibit A, attached hereto and made a part hereof. Grantor also grants to PG&E the right to install, operate, maintain, repair, reconstruct,. replace (with like sizes or types), and remove, within said easement areas, at any time and from time to time, such data transmitting and data receiving equipment, as PG&E. shall from time to time deem necessary, together with the right to install aboveground and underground wires, cables and conduits, an equipment cabinet and service boxes with associated concrete pads; meters, protective relays, communication equipment, consisting of, but not limited to, pole or tower mounted antennae, equipment boxes and solar.photovoltaic panels, together with the right to install the pole or tower necessary therefor; and such appliances and fixtures necessary for any or,all thereof, for the purpose of receiving and transmitting data necessary to remotely monitor, control and operate equipment associated with PG&E's electric distribution facilities. 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 parcels of land described and outlined by dashed lines on the Exhibit "A" attached hereto and made a part hereof. Grantee shall at its own expense relocate the structure, easement and any underground portion should Grantor require it to be moved for a Grantor project. 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 areas, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement areas 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. Grantee shall notify Grantor prior to any tree removal or pruning activities, and shall state the nature and extent of the activities. Grantor shall have the first option of pruning any vegetation itself, or may permit Grantee's contractors to perform said work. In the - event a tree poses a hazard to Grantee's facilities, or does not comply with applicable state and federal regulations, Grantee shall work with the Grantor to.the maximum extent to mitigate the hazard without removing the tree. Should a tree be required to be removed, Grantee shall,first apply for a tree removal permit, and shall comply with permit requirements and pay all applicable fees. Grantor shall not erect or construct. any building or other structure or drill or operate any well within said easement areas. 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 areas (including ingress thereto and egress therefrom). Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement", Exhibit "B", attached hereto and made a part hereof. IN WITNESS WHEREOF,CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council to record the foregoing grant of easement. Dated:July 7, 2015. CITY OF CUPERTINO: City Manager Approved as to form: City Attorney City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of S��71c? #�_q ) On fY before me, /iS /��ti c S va rr'c��i4 /u. IOU Date Here Insert Name afidlitle of the Officer personally appeared Nov(C' Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the erson,(s'j whose nam /are subscribed to the within instrument and ackno ged to me tha he he/they executed the same in his/her/their authorized capacity i ,and that b his ie their signat a on the instrument the personK, or the entity upon behalf-of which the p-erson(s)°acted, executed the instrument. 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. KIRSTEN RENEE S®UARCIA Commission#2080884 ` a -e Notary Public-California a Signature -�� Santa Clara County D Signature of Notary Pu rc My comm. Ex fres Oct 4,2016 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ID Description of Attached Document Ar N 32G-2.7-b 3 313 2-6-29-60 6 / Title or Type of'Document: A 4- Document Date: w r Y 7, �S Number of Pages: S� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): -❑Corporate Officer'— Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited 0 General ❑Individual ❑Attorney in Fact ❑Individual El Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800.-876-6827) Item#5907 ���&�����A�+»���e�m�� + ,2 9%(:/ §2!`< °��%w � r . . �\�\2 /\y,\+a/} - � » \ _ . . ,. , . . :=!. «3,± , ;2 . s�dv3W° . . . . .� .!a , . \�\\ «y f . / �� ^< � ��5 2 g2 xe7E ' � « �t- , . . . c . » . *�» - 2 \;, , � � �§ .� , m� -> q.2 m E « ? ® « • , ,� . ;. . J ��? ?�»�»��<��.>��t.>w >_. EXHIBIT, "A" LINE & CURVE TABLES L7 N90000'00"E 4.00.' UNLESS OTHERWISE SHOWN L1 N76°49'44"E 13.89' L8 N90000'00"E 14,50' ALL COURSES EXTEND TO OR L2 N76049'44"E 10.36' L9 N00048'05"E 8.00' ALONG BOUNDARIES OR LINES L3 N13020'32"W 10.00' LIO S90000'00"W 4.27' L4 S76049'44"W 7.84' L11 N00°OO'00"E '16.5' L5 S00048'05"W 10.30' L12 N00048'05"E 10.00' L6 S76049'44"W 16.41' L13 S90000'00"W 10.00' OWNER: L14 S00048'05"W 34.50' CITY OF CUPERTINO, o C1 R=352°.00' L15 S90000'00"W 5.00' a municipal corporation zoo D=01'37'40" L16 S00°48'05"W 7.97' Deed dated July 13, 1965 tZN L=10.00' O.R. Series No. 2899777 Qkb C2 R=352.00' Book 7057 O.R. Page 660 N D=04019'.16" L=26.55' Found Found Monument Monument Per 838-M-24 Per 838-M-24OWNER: CITY OF CUPERTINO, -a municipal corporation Basis of Bearings S89011'55"E 169.66' Deed dated April 11, 1974 Mary Avenue Street Centerline O.R. Series No.4773905 Per 838-M-24 �� Book 0914 O.R. Page 545 10100 Mary Ave APN 326-27-033 Detail "A" 1 Not to Scale � co �_a Rad�ai,� w Tie: 411.93 ��5�5 Joh N55°27'01"W 5 °'�, See d�a1 O Detail "A" Ro 8;2p»E Tie: 474.35' "N77 2 N47006'24" 0\ LIS °' 00`x\ Underground __S8V-4 "Radial_ _ L1.3 o',p , �\ y Electric Easement 6°28 49 W * I +� Itn r NI IJ Radial _j I LL10 ` S89011'55"E i rn 42 ' BASIS OF BEARINGS L16 L7 L8 J Underground 30 The calculated bearing S44°11'55"E Detail "'B" Electric found monument recorded in Book Easement 838 of Maps.at Page 25,-Santa Clara Not to.Scale County at the northerly ter.minus of the curve with a R=310 .00 D=901100'00", L=486.95 between found monument 1 recorded in Book 269 of Maps at Page 41, Found Monument Santa Clara County Records, at the See I southerly terminus of the curve Per 296-M-41 Detail "B" Applicant: SCALE DATE PACIFIC GAS AND ELECTRIC COMPANY 1=50' 4-29-2015 SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF:SANTA CLARA:CITY OF:CUPERTINO SE/NE/14 07 S 02 W MDB&M F.B.:N A DR.BY: LNVS CH.BY:DAN 9 PLAT MAP G-13-23 DE ANZA 30993276 SJL-16001 REFERENCES I PG&E DIVISION AUTHORIZ DRAWING N0. r Pacific Gas and Electric Company EXHIBIT "B" 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.