Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
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
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2401-04-10045 EASEMENT DEED
CITY OF SAN PABLO, 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 excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use subsurface facilities and associated subsurface equipment for public utility purpose s, including, but not limited to electric, gas, and communication facilities, within the easement area as hereinafter set forth, and also reasonable ingress thereto and egress therefrom in accordance with the notice provisions below, over and across the lands of Grantor situated in the City of San Pablo , County of Contra Costa, S tate of California, described as follows:
(APN 417-290-014)
The parcel of land described in the deed from the Local Successor Agency to the Redevelopment Agency of the City of San Pablo to the City of San Pablo dated Juy 30, 2014 and recorded as Document No. 2014-0132876, Contra Costa County Records.
The easement area is described as follows:
The strip of land described in EXHIBIT “A” and shown on EXHIBIT “B” attached hereto and made a part hereof
Grantor further grants to Grantee the right, from time to time, to trim or to cut down in a reasonable manner, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area. Grantee shall provide Grantor five (5) business days advance notice and be responsible for removing all such trimmings from the trees and brushes from said lands.
Grantor also grants to Grantee the temporary right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities. Grantee shall Utility Distribution Easement (02/2020)
provide Grantor five (5) business days advance notice and be responsible for restoring such areas to the condition before Grantee accessed them. Grantor reserves the right to limit use of said lands contiguous to said easement area if interfering with Grantor’s operations.
Grantor hereby covenants and agrees not to place or construct , nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area. If a fence is installed, Grantee shall be provided access as needed.
Any future maintenance, construction or replacement operations to be performed by Grantee on said lands shall be done in such a manner so as not to unreasonably interfere with Grantor's operations and Grantee agrees to use reasonable efforts to provide notification for such maintenance, construction or replacement except in such cases where such maintenance, construction or replacement operations must be performed due to emergency conditions. Such reasonable efforts to provide notification shall mean notification to the City at least 5 business days in advance.
Grantee releases Grantor from any claims or liability arising from this Easement and shall defend and indemnify Grantor against any loss and damage which shall be alleged to be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment.
Grantee certifies it is insured under a major risk management program with large self-insured retentions, with the minimum amount of $1,000,000 covering Grantee's use of the easement area under this grant.
Grantee certifies its agents and contractors meet minimum requirements for insurance, licensing, and bonding depending upon the size of contract and risk level of work performed.
.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement ”, EXHIBIT “C”, attached hereto and made a part hereof.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
CITY OF SAN PABLO, a municipal corporation
of the State of California
By_________________________________
Name
Title
By_________________________________
Name
Title
I hereby certify that a resolution was adopted
On the _____ day of ____________, 20___,
by the ______________________________
By_________________________________
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who 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 acknowledged 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.
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.
(Seal)
Signature of Notary Public
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
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.
Utility Distribution Easement (02/2020)
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 and may be used to install additional utility facilities. 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 applica nt, 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.