RESOLUTION NO. 22-9045
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
APPROVING A PURCHASE OF AN OVERHEAD ELECTRIC
EASEMENT
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
W HEREAS, the City of Santa Clara, a chartered city and municipal corporation, acting by and through its municipally owned utility, Silicon Valley Power ("City" or "SVP"), is engaged in a continuing effort to upgrade and enhance its overhead and underground distribution and transmission systems to meet new customer demand and to maintain the reliability of SVP's systems. The 60 kV facilities San Tomas Junction Substation Project ("Project") is one of the projects for this effort;
W HEREAS, a portion of the proposed Project is an approximately 0.2 mile long, new double circuit 60 kilovolt (kV) overhead transmission line heading east of the San Tomas Aquino Creek along Highway 101, with the primary objective to provide 60 kV service to the proposed San Tomas Junction Substation;
W HEREAS, the Project was analyzed in accordance with the requirements of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration (MND) was prepared for the Project by the California Energy Commission [File No. PLN2019-13742, CEQA2020-01072], and adopted by the Architectural Committee on April 15, 2020; and, W HEREAS, City Council provided authority to negotiate Easements with owners of the parcel required to construct the Project and the City has reached an agreement with the property owner to purchase the easement necessary for the Project, upon the terms set forth below.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the purchase of the easement from the following property owner for the negotiated purchase price is approved.
//
Resolution/Approving a Purchase of an Overhead Electric Easement Page 1 of 2 Rev: 11 /22/17
Address Grantor APN Purchase Price
3600 Juliette Lane Intel Corporation 104-39-021 &
104-39-018
$846,000.00
2. That the City Manager, or duly authorized designee, is hereby authorized and directed to execute the Agreement for Purchase and Sale with the forgoing Grantor, which is attached to the Report to Council accompanying this Resolution and presented to the City Council on January 25, 2022, as incorporated by this reference.
3. Effective date. This resolution shall become effective immediately.
HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 25T" DAY OF JANUARY, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
N RA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Report to Council #22-1598
2. Agreement for Purchase and Sale - 3600 Juliette Lane [104-39-021 & 104-39-018] Resolution/Approving a Purchase of an Overhead Electric Easement Page 2 of 2 Rev: 11 /22/17
:~~PasP°`^R~~9~~. City of Santa Claray
1. `..11 P ~':!- 2
v n
~~:fyEM,6~,oN~~~~:~~`~ Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@ SantaClaraCily
22-1598 Agenda Date: 1/25/2022
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving Purchase and Sale Agreement for an Electric Utility Easement for the San Tomas Junction Substation Project
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On April 7, 2020 Council approved a Substation Service Agreement with MECP1 Santa Clara 1, LLC to allow the City of Santa Clara's Electric Utility, Silicon Valley Power (SVP), to design, procure equipment, and construct 60kV facilities to serve San Tomas Junction Substation.
A portion of the proposed 60 kV facilities is an approximately 0.2 mile long, new double circuit 60 kilovolt (kV) overhead transmission line heading east of the San Tomas Aquino Creek along U.S.
Highway 101 to serve the proposed San Tomas Junction Substation.
The majority of the new 60 kV transmission line would be constructed adjacent to U.S. Highway 101 in an area where existing power lines do not currently exist. The new transmission line will start at an existing transmission line at the San Tomas Aquino Creek and end at 2201 Laurelwood Rd. The Project requires the acquisition of one (1) easement to facilitate construction. As part of the Substation Agreement with MECP1, the developer will reimburse the City for the costs associated with acquiring the easement.
DISCUSSION
The City has negotiated the proposed purchase of the easement from the following property owner of certain parcels necessary for the Project, upon the terms set forth below. ddress Grantors PN Purchase
Price
3600 Juliette Lane Intel Corporation 104-39-021 & 104-39-018$846,000
ENVIRONMENTAL REVIEW
The California Energy Commission prepared a Mitigated Negative Declaration (MND) [CEQA2020- 01072] for the project that was approved by the Architectural Committee on April 15, 2020 [PLN2019- 13742].
FISCAL IMPACT
City of Santa Clara Page 1 of 2 Printed on 1/26/2022
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22-1598 Agenda Date: 1/25/2022
The total cost of the easement purchase is $846,000. Funds for the purchase of the electric utility easement are available in the adopted Capital Improvement Program in Project No. 2442 San Tomas Junction. As part of the Substation Agreement with MECP1, the developer will reimburse the City for the costs associated with acquiring the easement.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney's Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email clerk(c~santaclaraca.gov <mailto:clerk(a~santaclaraca.gov>.
RECOMMENDATION
1. Adopt the Resolution approving the Purchase and Sale Agreement for an overhead electric easement at 3600 Juliette Lane [104-39-021 & 104-39-018] for the San Tomas Junction Substation Project; and
2. Authorize the recordation thereof.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution
2. Agreement for Purchase and Sale - 3600 Juliette Lane [104-39-021 & 104-39-018] City of Santa Clara Page 2 of 2 Printed on 1/26/2022
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DocuSign Envelope ID: A04E18DF-BDA4-4F9F-9667-871BAB7F5538 AGR~EIVI~NT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE ("Agr~~ment") is made and entered into as of `I-~ bYV(~ rl~ a~ , 20?_.2 (the "Effective Date") by and between CITY OF SANTA CLARA ("Grantee" or "City") and INTEL CORPORATION, a Delaware corporation ("Grantor") with regard to the purchase and sale of certain property interesfis, upon fhe Perms and conditions set forfih herein.
RECITALS
W HEREAS, The City of Santa Clara's Electric Ufiility, Silicon Valley Power ("SVP"), plans fo construct approximately 0.2 miles of new circuifi 60 kilovolt (kV) overhead electric firansmission lines along the Bayshore Freeway in the Cifiy of Santa Clara a~ part of its San Tomas Junction Project ("Project"). SVP's primary objective of the Project is fo increase system capacifiy and reliability.
i►iiHEREAS, fibs F'rc~ject will involve the placerneni of rnuliiple new rr~nopc~le sieel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisifiion of new easements.
i NHEREAS, Granfiee wishes to acquire from Grantor for the Project, and Grantor wishes to sell to Granfiee, certain property rights as more particularly described and depicted in the Easement by Grant or' Overhead Electric Easement and Agreement (the "E~~~rrrie~~") a4tached hereto as Exhibit 1, upon the terms and conditions set forth herein.
WHEREAS, Grantor and Granfiee recognize that the purchase and sale of the Easemenfi is subject to approval of the Santa Clara City Council and fihat this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:
ARTICLE 1
PURCHASE
1.1. The Easement. Grantor is the flee owner of ce►iain real property commonly known as 3600 Juliette Lane (APN: 104-39-021 & 104-39-018) located in the City of Santa Clara, California the ("Larger Parcel") over which fibs Easement will cross.
1.2. Sale and Purchase. Grantor shall sell fo Grantee and Grantee shall purchase from Grantor, upon all of the terms and condifiions set forfih in this Agreement, fibs Easement.
ARTICLE 2
PURCHASE PRICE
2.1. Purchase Price. The purchase price ("Purchase Price") for the Easement shall be EIGHT HUNDRED FORTY SIX THOUSAND and no/100 Dollars ($846,000.00).
S CLA-565982322245.1
4837-9G 12-6925.4
DacuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 The parties fio Phis Agreement agree and compromise that the Purchase Price fiogefher with all other consideration sef forth in this Agreemenfi amounfs and equafe~ fio the full and just compensation to Granfior, and Grantor's successors and assign, for Grantee's acquisition of the Easement and damages to fihe remainder resulting from fhe acquisition of the Easement as well as fhe construction and use ofi the Projecfi. 2,2. Pavmenr of Purchase Price. The Purchase Price shall be payable in accordance with Section 4.3 of Phis Agreement (below).
ARTICLE 3
CONDITIONS ~O PURCHASE AND SALE
3.1. Conditions Precedenfi ~o Purchase and Sale. The obligation oaf Grantee fio purchase and Grantor to sell the Easement is expressly conditioned upon the ~ati~facfion, prior to closing, of each of the conditions set forth in 4his Section 3.1 (the "Conditions Precedent").
3.1.1 Title. Grantee has obtained a preliminary title report from First American Title Company dated August ~ 0, X021 (the " i itle R~porf"), a copy of which is aiiaei~ed as Exhibit 2. Grantee acknowledges and agrees Thai fihe Title Repot (including all excepfiion~) i~ approved by Grantee (the "Approved Title Matters").
3.1.2 Execution of Grant of Overhead Electric Easement and Agreemenf.
Grantor shall be ready, willing and able fio grant fihe Easement to Grantee by executing in a recordable form the Easement subiecf only fo the Approved Title Matters and ofiher matters specified on 4he Easement Agreement.
3.2.1 Title Insurance. The Tiile Company shall be prepared to issue Easement Policy of Title Insurance in the amounfi of the Purchase Price insuring the grant of the Easement for the benefit of Granfiee subject only to the Approved Title Matters (the "Title Policy").
3.2.2 No Breach. 1"here shall be no material breach of any of Grantor's representations, warranties, or covenants set forth in Article 5.
3.3. Grantee's Remedies.
3.3.1 Conditions Precedent. IMF any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in q! ~esfion and proceed ~r!~th the nur~hase of the Easemenfi pursuant to all of the other terms of fihis Agreement, or, in the alternative, fo terminate this Agreement, and fhereafiter neither party shall have any further rights, obligations or liabilities hereunder excepfi to fihe e~cfent that any right, obligation or liabilifiy set forth herein expressly survives termination of this Agreement.
3.3.2 Default. If Grantor fails to perform any of ifis obligations or is otherwise in default under this Agreement, Grantee shall have the right fio give notice to Grantor specifically sefiting 'forth the nature of said failure and stating that Grantor shall have a period of ten (10) calendar days fo cure such failure. If Grantor hay not cured such failure within such period (or, if such failure is not capable of being cured within fien (10) calendar days, Grantor either hay not commenced in good faith the curing of such fiailure within such period or does not diligently SCLA-565982322245. I
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BAB7F5538 (hereafter complefe such cure prior io the Cloying Dafe, as may be extended under the terms of fihis Agreemenfi), Grantee's sole and exclusive remedy shall be one of fhe following:
(a) Waiver. Waive such failure and proceed to fhe Closing pursuant fo all of fihe other Perms of this Agreement; or
(b) Terminate. Granfee may terminate this Agreement by notice to Granfor to that effect. Nofhing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a Termination of this Agreement.
3.4. Grantor's Remedies.
3.4.1 Conditions Precedent. If any of the fioregoing Conditions Precedent which inure to The benefit of Grantor are not satisfied, Grantor shall have The right to either waive the condition in question and proceed with the gale of the Easement pursuant fo all of the other Perms of this Agreement, or, in the alternative, to Terminate phis Agreement, and fihereafier neither party shall have any furiher rights, obligations or liabilities hereunder except to the event That any right, obligation or liability set forth herein expressly survives ~ermin~fic~n ~f phis Agreement.
ARTICLE 4
CLOSING
4.1. Delivery of Easement. Within 60 days following the date this Agreement is executed by all parties, Grantor shall deliver to Grantee all of the following:
(a) The Easement, fully executed and notarized, in a form suitable for recordation;
(b) If requested by Grantee, a FIRPTA Affidavit stating Grantor's U.S. taxpayer idenfificafiion number and that the Grantor is a "United Sfiafies person" as defined by Internal Revenue Code sections 1445(fl(3) and 7701(b); and (c) Such other documents and instruments as may be required by other provisions of phis Agreement to carry out the terms and intent of this Agreement.
4.2. Recordation of Easement and Issuance of Title Policy. Upon receipt of the fully execGted ~n~ notarized Fasemenf, Grantee will promptly do the following:
(a) Record the Easement with Official Records of Santa Clara County at the Santa Clara Couniy Recorder's Office; and
(b) Once The Easement has been recorded, order a Title Policy from The Title Company.
4.3. Pavmenf. Conditioned upon recordation of the Easement in the Santa Clara County Recorder's Office and Title Company's issuance or' The Title Policy, Grantee will within _30 days following Grantee's receipt of the Title Policy Pay Grantor by issuing a check in The amount of the Purchase Price made out to "Intel Corporation" and mailing it to Intel Corporation, 4500 S. Dobson Rd. Chandler AZ 85248 Attention: Casaundra L. Elwood.
SCLA-565982322245.1 5
4837-9612-G925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538
4.4. Costs. Grantee shall pay recording costs, if any, the title insurance premium, and any documentary transfer faxes.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1. Granfor's Representations and Warranties, Grantor represents and warranfis to Grantee fha~ the fiollowing matters are firue and correct in all ~na~erial r~specfs as of the execution of Phis Agreement and will also be Prue and correc~r in all material respects as of the Closing:
5.1.1 Oraaniza~ion Au4hority. Intel Corporation is a Delaware corporation, duly organized, validly existing and in good standing under the laws of the Stafie of Delaware and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter io be executed and delivered by if pursuant to this Agreement and to perForm all obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individuals executing this Agreement and the in~trumenfis referred to herein on behalf of Grantor, have the legal power, rights anc~ actual authority to bind Grantor fo the terms and conditions hereof and thereof;
5.1.2 No Violation of A~reemenf; Liti ation. Neither the execution, delivery or perFormance of this Agreement by Grantor will result in 4he breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any inden4ure, deed to secure debt, mortgage, deed of trust, note, evidence of indebfiednes~ or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge ofi any pending or threatened litigation, actions, applications, orders, profiest~, proceedings, or complaints against or affecting title to the Easement or Grantor's interest therein;
5.1.3 Compliance with Laws. Grantor has received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard fo any portion of the Easement;
5.1.4 Existing Lease. There are no contracts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and
5.1.5 Grantor Not a Foreign Person. Grantor is not a foreign person within 4he meaning ofi Section 1445 of the Internal Revenue Code of 1986, as amended.
5.2. As-!s. Except ~s ex~ressl;~ set forth in this Agreement, Grantee agrees to take the Easement "AS-IS, WHERE IS, AND WITH ALL FAULTS" without any representation or warranty of any kind or nature whatsoever, express or implied, and in tihe condition existing as of the date of this Agreernen~, subject to reasonable use, ordinary wear and tear, and without any reduction in or abatement of the Purchase Price. ~r
GENERAL PROVISIONS
6.1. Approval of Citv Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject fio approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect S CLA-565 982322245. I
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BAB7F5538 unless and until said Cify Council's approval has been obtained, buf such approval shall be obtained before execution of this Agreement by Granfee.
6.2. Binding on Successors. The Perms, covenants, and conditions herein contained shall be binding upon and inure to tihe benefit of the successors and assigns of the parties herefo.
6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, condition, and agreements between the parties and shall supersede ali prior correspondence, agreements, and understandings boih verbal and written. No addition or modification of any term or provision shall be e~fecfiive unless set forth in writing and signed by both Grahfior and Grantee.
6.4. Brokers' Fees. Grantor and Grantee each represent and warrant fio the other that, there are no brokers' fees or tinders' fees arising out of phis transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, reasonable attorneys' and experts' fees and costs and couri costs arising out of or incurred in connection with any claim by any other broker, tinder or other person or entity for any brokerage commission, finder's ree or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.
6.5. A4tornev's Fees. In the event either party fio this Agreement insti~ufes an action fio interpret or en~'orce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court (whether at trial or upon appeal) shall be entitled to recover from the other, in addition to cons and judgment as awarded by the court, its reasonable attorneys' fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney's fee award exceed $10,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of aftorney~, trials, appeals, or actions.
6.6. Governing Law. This Agreerr~enf shall be governed by and construed in accordance with the laws of the State of California.
6.7. Ca ~i~ ons. All captions and headings in Phis Agreement are for the purpo~e~ of reference and convenience and shall not limit or expand the provisions oaf Phis Agreement.
6.5. dime. Time is of essence of every provision herein contained in Phis Agreement.
6.9. Counterparts. ~hi~ Agreement ~rnay be executed in counterpart, each of which shall be deemed an original, bud all counterparts shall constitute one agreement.
6.10. Survival. The Perms, covenants and conditions of Article ~ shall remain true and correct as of the Closing Dafie, shall be deemed to be material and shall survive the execution of this Agreement, the delivery of the Easement, and recording of the Easement for a period of twelve (12) months.
SCLA-565982322245.1
4837-9612-G925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538
6.11. Nofiices. All notices, requesfis or ofher communications required or perrimifif~d to be given in connection with this Agreement shall be in writing and shall be personally delivered (wish prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed fio the party whom it is directed of the following addres~e~, or at such other addre~s~s a~ may be designated by notice from such party in the manner provided herein:
l'o Grantor: Intel Corporation
Attention: Casaundra L. ~Iwood
4500 S. Dobson Rd.
Chandler, AZ 85248
Telephone: 480-723-898
To Grantee: City of San~a Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: Gity Manager
Telephone: 408-615-2210
W ith a copy fio: City of Santa Clara Cifiy Attorney's Offiice 1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: (408) 615-2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of This Section hail be deemed received three (3) days after the date of mailing and no4ice~ delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided. [Signature Page Follows]
SCLA-565982322245. I
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-8716A87F5538 IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the Effective Date.
GRANTOR
Intel Corporation,
a Delaware corporation
BY~~DoouSigned by:
~,A,SAaAIn,~,V'A. ~. ~lbbpl.
~ —A4 EC93 DAD 337499...
Title: Real Estate Contract Manager
11/4/2021
Date:
GRANTEE
City of Santa Clara,
a municipal corporation
yv1 `~~c t G~ C~o~~~ ~~
1 . ~ ~ .r-
APPROVED AS TO FORM
Caw ~ Y
Office of the City Attorney
City of Santa Clara
~~ ~~
SCLA-565982322245.1 7
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Recording Requested by:
c7fYie~ of the City Atrorney
City of Sang Clara. C;alifomia
When Recorded, R4~i1 to:
Office of the City Clerk
City of Santa Clara
150U Warburton Avenue
Santa (Tara, CA 95~?SO
API1: t1PN IU4-39-01S &APN lOq.39-CY~I EXL~PSI'I' F1LOM XECOFtD1P7tt FEE PFR GOVT CODL §§ G10J wid279tl5
L\L~A[PTPROM HELD
PHR dOV'1' CtlD~ § 293864 (a)(2)(D)
GRANT ~F OVERHEAD ~L~CTRI~ EASEMENT AND AGREEMENT
3600 ,Tuliette Lane
Santa C1sia, Calif'oi7~ia
For valuable consideration, tihe receipt of ~vl~ich is hereby acl~iowledgeci, Intel Delaware CoiPo~:zt~on, a Delaware Corporafion successor• in interest by merger with Litel Cotpox~ation, A California Corporation (hereui "Grsuitor"), hereby grants to the CITX OF SANTA CLARA, Califoriiia, a cl~a~ter~d mniiicipal coiporatiou (hzrein "Grantee"), a non- exchisiva s~sement and right-of-way (herein "~asenient") in, on, over, along and across tla~ real properly owned by Grantor iti the City of Sant1 Clara, State of Califoix~ia, described iz~ Exieitizt. A attached hereto azid incorporated herein by this referens:e ("basement Area").
T7iis Easement shall be used by Grantee for the purposes of coi~structiug and reconstructing, installing, operating, inspeutulg, maiiit~iniug, repairi~xg, removing and/or replacing overheld electrical transmissioia, distribution and/or comrantmcation systems, and appu~~tenuices thereto (tlze "Int~Pt°ovements"), axid shall include a reasonably right of ingress acid egress over adjoining l~uids of C-~•antor. In eiercisiug said right of ingress and egz•ess, Crrantee shall, ~~~herever practical, use existing rods uid l~n~s across lazi~is of Grantor, if such therb Ue, and if not, Uy such route ~r routes as shall r~st~lt ut the least practicable inconvani~nce to Grantor end any oc~upa~its of Grantor's propezly.
Cirurtee agrees ti~at all Iuiproventents con~tructect by Grantee shall Ue done at Cn•ant~e's sole cost and e~p~;nsa cud ul a good and workmaulil:a manner, vid that iao liens shall lttnch to all or any part of the Easement Aria.
The kn~rovements will include poles, wire supports, visas and conductors suspended fi•oui pole to pole, tra~~sfornzers and 'other equipment mouiated on the poles, anchors, guy attaclunents, and oilier appuc~tena~ices.
Portions of the Easement Are1 may be used Uy the Cn~lntor for driveway(s), ingress uid egress, luidscapiiig (esciuduig trees), ~znd parkuig, as «gill not ui~raasonaUly iuterPera wifli the Grantee's use of 411e Easement. ~iy other use of t(ae Easement ~•~n by Grantor shall Ue subju t to Grantee's express written consent and only after Grant~c's review of plans and specifications and Pagn 1 of 3 SC
109-39-018 L 109-39-021
SCLA-565982322245.1
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 detei7uination that such use will not unreasonably interfere with its use of the Easeuieut. Grantee nxay trim any trews or remo~~e any tree or stnictl~re which is ifi or adjacent to the Easament Ares ~~~hich, in its reasonable det~t7n~nativn, unreasonably iirterf~res with its tt~e of the Easement.
Cn•~ntee may trim viy trees or remove airy tree ~vl~ich is in or adjacezrtto the Easement Area which exceeds a hzight of 20 feet or poses a risk: of falling otrto the Grantee's facilities or equipment located withui the E~seuient. Grantee shall maitrtain and repair the Easement .Area at its sole cost and expense,
In no event shall Cnnn~or be liable for any damage to, or loss of parsonal property or ~quipm~irt sustazned by Grantee within ~l~e Easeizient E1rea, wtzetlxer or not it is insured, except if such loss is caused by the gross negligence or ~~~lllfiil uaisconduct of Crrantor.
Gran2ea shall indemnify, defend azlcl hold Grantor lianiiless from and against any and all losses, costs, damages, liens, claims, liabilities, or e;tpe~ises incurred by Crraiztor arising from or by reason of Grintes's acczss to, or uss of the Easement ,area, unless caused by Crrantor's sole negligence or ~~~illfiil misconduct.
THE EASEv1ENT IS GRANTED Tn GRANTEE SUBJECT TO: All liens, encuanbrances, easeuiznts, coven~uts, conditions and restrictions of record, including any matters shown on any subdivision or parcel m1p affecting fhe Easement E1rea; all exceptions appea•ing in that certain policy of title inst~ra~ice for tl~e Easement issued to Gratrtee as of or aUout the date hereof; all matters which would be revealed or disclosed ui au acenrate survey of the basement ~•ea; all matters which would be revealed or disclosed by a physical itzspection of the Easemer~i Area; a lien not yet dalingn~ut for tastes for rea(property and personal property, azid any general or special ~ssessi~~ezrts against tlis Easenxex~t E1rea; and zonuxg o~•dinances and regulations and any otliea~ laws, ordinances, or goveiYm~ental regulations r~stri~ting or ~•egulating the use, occupancy or enjoyment of the Easement Area,
[Signature Page Fo(lo~~~s]
Fage ^ of 3 SC
104-39-013 h 10A-39-021
SCLA-565982322245.1
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-8716AB7F5538 IN WITNESS WHEREOF, Gr~inYor has l~ereunty set their 111~~ds 4lus ~ day of 20 Intel ~elnware Corpor.itioit, :~ Delaware Corporation successor in inferesf ~y merge~~ .ith ~t~tel
Corporation, A California Corpo►•ltion
APYROVLD FOR FORM:
Off ice ofihe City Aitot7iey
City of Santa Clara
By:
Casaiindra Eh~ood
Titi~: k~NiS Global Real ~st~te Manager
Date:
" O~ViY1:I2" APi~ 101-39-01.8 & 104-39-021(2021-11)
ALL I.F.GAL OVYVF.RS OFPROPERI'i' MUST RXF.Cij7F, THIS DOCin1RIVT,IF GRANTOR IS ACC~RPORATION, THB COh1PLETE LEGAL NAME AND CORPORATE SEAI. Or THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGTIING FOR TEIE CORPORATION SHALL APPEAR ABOVE. WRITTEN $VIDENCE OF AUTHORI'T'Y OF PERSO2~T OR PERSONS E,l'ECUTING THIS
DOCOMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTH&R ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE ATTA('HF.n.
ATTACH THE ALL-PURPOSC NOTARY ACIi1VOWT,GDG~IEIV7' B'OR111 FOP.'CII~ PER90N OR PERSOiVS ~\~CU'1'JIVG TH1S DOCUNIIsN1' O1V II~HALr OI' THC GR.AIV'TOR.
Pacie 3 of 3 SC
1 04-37-018 fr lOh-39-021
SCLA-565982322245.1 10
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 EXHIBIT "A" sVP REF: sc
OVERHEAD ELECTRIC EASEMENT ACROSS:
INTEL CORPORI~TION
3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
104-39-021 & 104-39-018
EASEMENT AREA: 21,400 SQ. FT. t
DESCRIPTION:
A portion of Parcel 3, as shown on that certain map filed for record in the Once of the Recorder of the the County of Santa Clara (ORCSC) on October 12th, 1984 in Book 535 of Maps at Pages 29 and 30, located in the City of Santa Clara, County of Santa Clara, State of California, and described as follows:
COMMENCING at a monument located in the centerline Laurelwood Road as shown on
Laurelwood toad to a monument located ai the centerline intersec4ion ofi ~~id Lau~~lw~~d Road and Juliette Lane; thence South 73°56'50" West 826.58 feet to a southeasterly comer of said Parcel 3 and the POINT OF BEGINNING; thence North 71 ° 16'22" West 398.19 feet along the northerly right-af-way line of the Bayshore Freeway (U.S. Route 101) to a southwesterly corner of said Parcel 3, herein after known as Point "A"; thence North 00°50'11" East 56.09 feet along the westerly line of said Parcel 3; thence South 71°47'07" East 185.61 feet; thence South 68°07'10" East 216.25 feet to an easterly line of said Parcel 3; thence South 00°52'43" West 45.32 feet along said easterly line to the POINT OF BEGINNING.
ALONG WITH:
COMMENCING at Point "A"; thence North 72°01'49" West 41.86 feet along said northerly right-of-way to an easterly line of said Parcel 3 and the POINT OF BEGINNING; thence North 71°12'39" West 15.77 feet along said northerly right-of-way line to the easterly right-of-way line of San Tomas Aquino Creek; thence North 00°50'11" East 60.17 feet along said easterly right-of-way line of San Tomas Aquino Creek; thence South 69°50'59" East
15.90 feet to said easterly line of said Parcel 3; thence South 00°50'11" West 59.77 feet along said easterly line to the POINT OF BEGINNING.
CONTAINING IN TOTAL: 21,400 square feet, mare or less.
~~~eIe Tp 1
`"~ I n I ~ n `
INTEL CORPORATION
APN: 104-39-021 & 104-39018
SILICON
VALLCY
~ON6Yl1~N1~ IMC 3600 JULIETTE LANE POWER.CIN OF SANTA CLAM SALT UKE CITY, UTAH SANTA CLARA, CALIFORNIA 95054w rn ~m ran rr o.. ur swr pa) a~-.w SHEET: 1 of 2 SCLA-565982322245.1
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BA67F5538 Line Table
Line # Length Direction
L1 398.19'N71' 16'22"W
L2 56.09' N00° 5A' 11 `E
L3 185,61'S71'A7'07"E
L4 216.25'S68' 0%' 10'E
LS 45.32' 500' 52' 43'W
L6(TIE)41.88' N%2' 01' 49"W
L7 15.77' N71' 12' 39'W
L9 BQ.17' N00'S0'11"E
1.9 15.90' S69' 50' 59"E
L10 59.77' SOD' 50' 11°W
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
INTEL CORPORATION
3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
104-39-021 & 104-~9-Q18
EASEMENT AREA: 21,400 SD. FT. ±
P ROJECT A.D. 1
lNTE1~
C ORPORATION
~►PN: 104.39-021
APN: 104-39-0 7 8
r
C3
~ I
~G~~
~~
~y~
WSv
0z
aeNaS0r
aN
L6 (TIE)
~iIC~pC~9 ~G1G`~`~ll C~ ^ n F ~ L~,~
GJCPMn S 904~~3~A0~~3
10 SVP REF: SC
~ SCAL[ F[LT
19 25' 250'
CL MON-
LAURELWOOD RD
tiot~° ~~9
35 ~° ~~1 ~~ / r
5 62„1 ?0
r ~~ ~a ` ~
. . ~ L5 ~ 826.5
,~A,~ ,~.
L1 POs ~ • ~~ ~ . . ~~
CL MON
JULIETTE LANE &
LAURELWOOD RD
LEGEND
"/ '/ / j ,// /EASEMENT AREA = 21,400 SQ. FT. t ~ 'O YsyO v S,R
VT~FOw4
P —
ASEME~NCN~LINE
INE
r
.
-~
EXIST NGN
FOUND SURVEY MONUMENT \
OF THE FASGIENT BF,ING CANVEYE~. hiE E`fACT IOCATiPN OF ALl SiPUCiUftES, THE RIGt1T OF WAY 11[flEtY OIUNTEDTHIS [1Rr4W LNG SHOULD 9E USED LINES ANp MPl1RTENANCE6 I5 SUF7JECi
ONLY AS A REPRESENTATION OF THE LOCATION
TO CtIMIG[ W RIf IN THE BOUN~MIES OF
REV: 0 DATE: 6-21-21 SCALE: 1"= 250' BY:JRT CHK: C,HH APP: JJC a F ~ E C 1 R I C A l INTEL CORPORATION
APN; 104-39-021 & 104-39-018
` SILICON
~ VALL[Y
COM6Uli~M1~ INC POWEK.3600 JULIETTE LANE CfT' OI S INTA CUM s~~T uKe cirv, UTAH SANTA CLARA, CALIFORNIA 96054we r.~ ~m s.ne w.r a.~ ur wn pm ~n-~w SHEET: 2 0( 2 SCLA-565982322245.1
4837-9612-G925.4
12 DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 ~~iLl~~~iVIR~ NC)Te?R~( R~~KNOWL~D~Nf~N`~
A notary public or other officer completing this
certificate verifies only the identity of the
individual ~;~ho signed the doeusnznt to which this
certificate is attac~ted, end giot tl~e trutilf'iilness, accura~;y, or vllidity of thlt document,
S4~~e ofi Caliiomia
County of
On _ , 20 before me, (name and title of o.9cer), personally appeared ,who proved to me on the basis of sati~facCor/evidence to be the persan(s) whose names) is/are subscribed to the wi4hin ins~rument and ~rknowledged io me 4ha~ she/she/4hey executed the same in his/her/their authorised cagaci~y(i~s), and 4hat by his/her/their signatures) o~~ tho ins4rumen4 the person(s), or'the entity upon k~ehaif of which tha persons) ac'sed, executed the ins4rumanfi.
certifiy under PENALTY OF PERJUP.Y under the lauds of the S4ate of Calirornia thai 4he fioregoing paragraph is true and coerec4.
WI I NESS my hand and official seal.
Signature (Seal)
SCLA-565982322245.1 13
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-8716AB7F5538 ~~R'TIFICAT~ O~ AC~~PTANC~
This is #o ceriify fhaf fhe interest in real property ~ran4ed by Grand of Overhead Elecfric Easement and Agreemen4 dated fhe _ of , 20_, from Intel Corporation, a Delaware corporafiion succAssor in interest by merger with Intel Corporation, a Cali~oi•nia Carparation (Grantor) 40 4he Ci4y og San4a Clara, C~lifc~rnia, a chartered CalifQmia ml~nicipal corporation (Cify), is hereby accep~ed by the ~mdersigned officer on behalf pr'the pity Council of the City ~ursuan~ to authoridy conferred by Resol~ition Nn. 5609 of the City Co~an~il of the City of Santa Clara adopted on the 2$ day of May, 1951, ~i~d the Resolution Approving F'~archas~ o~ Overhead electric Easement, Resolution No. adopted on ,~, 20,_; i he Cify, as Grantee, ~ons~nts tp recor~~sion by its duly authorized officer, 4h4 City Clerk of 4he Ci4y of Santa Cla~'a,
Re: APN 104-39-Q18
APN 10439-021
APPROVED AS TO FORM:
Guice o. the City Attorney
Cify of Santa Clara
Dated: This ,_day of , 20
DEANNAJ.SANTANA
City Manager
City of Santa Clara
ATTEST;
Nora Pimentel, MMC
Assistant City Clerk
City of Sa;~ta Claw
SCLA-5659823222451 14
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 ~L'~
Cyder fVumber; PJC5-1U32333~CC
Paae f~l~mbc~; 1
' .t ,l )1 F fi 1
~?
F -~4'::~~,. - _ g,
FirstAm~ric.~n Title Ins~aran+~ ~c~mpan~
I~atic~nal Comm~roial S~r+uices
1850 Nit. Diat~la Blvd., Suifie S30
w alnut Creek, CA 94596
Plan A. Sozio
Bur!<e, Williams & Sorensot7 L~R
44~} South FIoS~ver SU~eeY, 9.~it~ ~f2400
Las Angeles, CA 917071
Phone; (213)235-0600
Customer Re~rence; 36rJQ ?ulieite Ln
Es~r~N~ Offi~er; P.ani Sloan Gostin
Phone: (925)927-2127
Email; rslaan@firstam,com
Buyer: City cf Santa Clara
Ovdner; Intel Corparation
Propert~r: 3400 Juliette Ln, (RPhI; 7.04-39-021 ~~ 104-'~9-016), Santa Clara, G.4
PRELYMIN ARY REPORT
In respmsa to Gee atovz ra(~rcnced apFlication fvr a policy of title insuro~ce, thu curnpary herv~y i~por~s that itis prcperad W i~ue, or cau~ to be issued, ~ of tt~e da~x her~f, a Policy or Policies of'fitle Insurance de=cii6ing the land and the estate or in~r~st G~eran hereinaRer s~ k+r~, insuring against loss ~+.hich may 6e suscaineo oy rea;erj of a ry de; e.i, lien o~ erurnL•rance rnt sho~,n ~r rEferr~d t~ as an Exception txlryv cr n~: exclud;d fror~~ coo~r~ae pursuit to tha pri~tcr~ Stixdules, Ccndi6cns ar.d Stipulatlons of said Polio/Forms.
The Grint~i Ex_e~kions and E~lusms frrni Lie co~~ragE and Limitations on C,~+rersd Disks ofsaid pciicp cr policies are ~t Firth in E~ibit A dt~ched, Fha policy fa be issued may cmPrin an arSiG~Jtitn dau.~, Ft~na~ the r~mou,~t cfln.~:ra^cats !~. ~5an ~4~ set Furth in G5e arlrtra&an dausG a`Jarb%Prahre m~~t(e~s~ra.Ube arfil~ra(~d of ire o~6on e~erfhcr G'~e Companyur the lnsu,•ed as the ~ nuslveranad~of~eparBes; LirniGatlons ~ Covered Pid:s ~pplicdile Di the QTFland ~1.TA HemenwneY's Pdicics oPTitle Insurmce t~:~hich estcbfish a D~iuctit~a f~mount and a Ni~:~imurn D~If~r Li»itof Lf~ikty for c~rtdn cu4~rapss ara alw sit forth in E~ibit H, Copies of Gr: policy Forms should be real, Th.~/ sre available Fran the otti~e which Issu~rJ this repot, Please react the exceptions shown or ref~redta below and the essceptions ~n~ exdusia~ts setforkh in Es~hibit Aof this eQport cat~Fully. TheetsceptiQnS anderesluAms are r~eeant to prmride you with no4ce ~ malt~rs which a~enag cmered under the terms of the title insir~ncepolicy aid stnuid be carefully considered, iii$i /a177F~"rc~o7 Tttle.l;75es~a7ceCor~,~a,y
SCLA-565982322245.1 I S
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BDA4-4F9F-9667-8716A87F5538 Order Number: NCS-1062333-CC
Page Number: 2
8t is impor4ant to ~vo[e Chat 4his preliminary repovt is not a written reprosentatian as ka the condition of title and cnay not list all liens, defects, and encumbrances offecYing 4itle to the land.
Th(s report (and zny supplements or amendments hereto) Is Issued solely for [he purpose of facilitatlng the Issuance of a policy of title Insurance and no (lability is assumed hereby. IF it Is desired that (lability be assumed prior to [he issuance of a policy of title Insurance, a Binder or Commitment should be requested.
FirstAme~ican Tale Insurance Company
SCLA-565982322245.1
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BA67F5538 Order Number: NCS-1082333•CC
Page Number: 3
Dated as of August 10, 2021 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Owner Policy
A specific request should be made if another form or additional coverage is desired.
Title to said estate orinterest at the date hereofisvested In.
INTEL CORPORATION, A DELAWARE CORPORATION
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee as to Parcel One, an Easement as Yo P~rc~ls Tv~e and Thrm The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code,
2. The terms and provisions contained in the document entitled "Agreement" recorded as Book 32 of Miscellaneous Records, Page 540 .
3, An easement for drainage waters and incidental purposes in the document recorded November 17, 1919 in Book 502 of Deeds, Page 66.
The location of the easement cannot be determined from record information.
4. The terms, provisions and easements) contained in the document entitled "Agreement for Irrigation" recorded September 02, 1921 as Book 538 of Deeds, Page 213 of Official Records. 5, The terms and provisions contained in the document entitled "Agreement' recorded August 31, 1923 as Book 25, Page 359 of Official Records.
6. An easement for flood control and storm water drainage and incidental purposes, recorded May 23, 1962 as Book 5585, Page 347 of Official Records.
In Favor of: Santa Clara County Flood Control and Water Conservation District Affects: as described therein
First American Title Insurance Company
SCLA-565982322245.1 17
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NC5-1082333•CC
Page Number:4
7. An easement for ingress and egress and operation maintenance of San Tomas Aquino Creek and incidental purposes, recorded May 23, 1962 as Book 5585, Page 363 of Official Records, In Favor of: Santa Clara County Flood Control and Water Conservation District, State of California
Affects: as described therein
An easement for underground agricultural irrigation pipe line and incidental purposes, recorded May 28, 1968 as Book 8138, Page 406 of Official Records,
In Favor of: Siliconix Incorporated, a California corporation Affects: as described therein
An easement for underground public utilities, sewer, water, gas, electric and communications lines and incidental purposes, recorded December 19, 1968 as Book 8375, Page 415 of Official Records, In Favor of: City of Santa Clara, a Municipal Corporation Affects: as uescribed t ~2rein
A document entitled "A Resolution Ordering the Vacation of a Certain Portion of that General Purpose Easement Located West of Juliette Lane "recorded October 27, 1994 as Baok N648, Page 645, Instrument No. 12701768 of Official Records.
A document entitled "A Resolution Ordering the Vacation of a Certain Portion of that General Purpose Easement Located West of Juliette Lane" recorded November 02, 1994 as Book N655, Page 393, Instrument No. 12706887 of Official Records,
10, An easement for installation, construction and maintenance of nitrogen gas lines and incidental purposes, recorded August 2, 1974 as Book 8023, Page 501, Instrument No. 4822421 of Official Records.
In Favor of: Air Producks and Chemicals, Inc., a Delaware corporation Affects: as described therein
Said instrument was amended August 2, 1974 in Book 6023, Page 509, Instrument No. 4822422; November 30, 1976 in Book C443, Page 7, Instrument No, 5489012; December 7, 1976 in Book C459, Page 41, Instrument No. 5491070; March 19, 1979 in Book E355, Page 550, Instrument No, 6317044; November 13; 1981 in Book GA48, Page 323; Instrument No. 7213512; and Feburary 13, 1985 in Book J244, Page 251, Instrument No. 8325513 all of Official Records.
An assignment of Easements executed by Alr Products and Chemicals, Inc,, a Delaware corporation to Air Products, Incorporated, a Delaware corporation, recorded October 24, 1983 in Book I008, Page 207, Instrument No. 7861356 of Official Records.
An assignment of Easements executed by Air Products and Chemicals, Inc., a Delaware corporation to Air Products Manufacturing Corporation, a Delaware corporation, recorded February 7, 1984 In Book I291, Page 296, Instrument No. 7971008, and re-recorded April 3, 1984 in Book I429, Page 384, Instrument No. 8023910 both of Official Records.
Said instrument is affected by a Release of Pipeline Right of Way Grant and Easement recorded June 9, 1998 as Instrument No, 14224802 of Official Records. Said document partially releases said easement.
FiistAmeiican Title Insurance Company
SCLA-565981232224. I 18
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BA67F5538 Order Numher: NCS-1082333-CC
Page Number: 5
11. An easement for pipeline for the transmission of nitrogen gas and incidental purposes, recorded May 04, 1977 as Book 0795, Page 257, Instrument No. 5633727 of Official Records, In Favor of: Afr Products and Chemicals, Inc., a Delaware corporation Affects: as described therein
12. An easement for water distribution lines, pipes and incidental purposes, recorded December 30, 1977 as Book D380, Page 25, Instrument No, 5889143 of Official Records.
In Favor of: City of Santa Clara, California, a Municipal corporation Affects: as described therein
13, An easement for flood control and/or storm water drainage and incidental purposes, recorded December 30, 1977 as Book D380, Page 31, Instrument No. 5889144 of Official Records.
In Favor of: Santa Clara Valley Water District, a public corporation Affects: as described therein
14, An easement for public utilities and incidental purposes, recorded March 26, 1980 as Book F227,
In Favor of: City of Santa Clara, California, a Municipal corporation Affects: as described therein
15. Abutter's rights of ingress and egress to or from Bayshore Freeway have been relinquished in the document recorded December 04, 1980 as Book F770, Page 60, Instrument No. 6918246 of Official Records.
16. Abutter's rights of ingress and egress to or from Bayshore Freeway have been relinquished in the document recorded December 15, 1981 as Book G500, Page 421, Instrument No. 7236241 of Official Records.
17. An easement for underground public utilities and incidental purposes, recorded December 15, 1981 as Book G500, Page 421, Instrument No. 7236241 of Official Records.
In Favor of: The State of California
Affects: as described therein
18. An easement shown or dedicated on the map of Parcel Map recorded October 12, 1984 and on file in Book 535, Page 29, of Maps.
For: private ingress and egress (P.I.E.E.), private sanitary sewer (P,S.S.E,), water line (W.L.E.) and incidental purposes.
19. An easement for avigation easement and incidental purposes, recorded rebruary 2i, i986 as Book ]610, Page 338, Instrument No, 8697051 of Offlclal Records.
In Favor of:
Affects;
SCLA-565982322245.1
4337-9612-6925.4
City of San Jose, a Municipal corporation
as described therein
FlrstAme~ican Tdle Insurance Company
19 DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BAB7F5538 Order Number: NCS-1082333•CC
Page Number: 6
20. An easement for private ingress and egress, private sanitary sewer, water line and incidental purposes, recorded September 09, 1988 as Book K674, Page 2078, Instrument No. 9829807 of Official Records.
In Favor of: Maskatiya, Suri &Company, Inc,, a California Corporation and Regency Plaza Offtce Building One, Inc., a Delaware corporation Affects. as described therein
21. The terms and provisions contained in the document entitled "Easement Agreement' recorded November 20, 1969 as Book L171, Page 1199, Instrument No. 10333021 of Official Records.
22. An easement for overhead electric utility easement and Incidental purposes, recorded July 17, 1995 as Book N921, Page 183, Instrument No. 12948704 of Official Records.
In Favor of: City of Santa Clara, California, a chartered municipal corporation Affects: as described therein
23. An easement for underground electric utility easement and incidental purposes, recorded July 17, 1995 as Book N921, Page 189, Instrument No. 12948705 of Official Records.
In Favor of: City of Santa Clare, California, a chartered municipal corporetion Affects; as described therein
24. An easement for storm sewer easement and incidental purposes, recorded July 25, 1995 as Book N934, Page 262, Instrument No. 12962160 of Official Records.
In Favor of: Regency Plaza Office Building 3, Inc., a Delaware corporation Affects. as described therein
2S. The effect of a document entitled "Notice of Lot Line Adjustment", recorded April 30, 1997 as Instrument No. 13689881 of Official Records.
Deeds to perfect said Lot Line Adjustment were never recorded.
26. llie terms, provisions and easements) contained in the document entitled "Street Encroachment L(cense" retarded F€bruary 03, 1998 as Instrument No, 14038727 of Official Records,
27. The terms, provisions and easements) contained in the document entitled "Grant of Easement' recorded June 09, 1998 as Instrument No. 14224803 of OfFicial Records,
28. The terms, provisions and easements) contained in the document entitled "Agreement for an Exclusive Substation Easement and a Nonexclusive f~ccess Easemeni by and between The City of Santa Clara, California and Intel Corporation" recorded March 18, 1999 as Instrument No. 14711522 of Official Records.
29. An easement for sidewalk and public utility and incidental purposes, recorded January 20, 2005 as Instrument No, 18197024 of Official Records.
In Favor of: The City of Santa Clara, California, a chartered municipal corporation Affects; as described therein
FirstAmerican Tdle Insurance Company .
SCLA-~6598~2322245.1 20
4837-9G12-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS•1062333•CC
Page Number: 7
30. A financing statement recorded January 09, 2013 as Instrument No. 22041676 Intel Santa Clara (SC12).
Debtor; Solarcity Corporation
Secured party: of Official Records
31. A financing statement recorded January 10, 2018 as Instrument No. 23846744 of Official Records.
Debtor: Intel Santa Clara (SC12)
Secured party; Solarcity Corporation
32. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property.
33. Water rights, claims or title to water, whether or not shown by the public records.
39. Rights of parties in possession.
FirstAmerican Title Insurance Company
SCLA-56~98~322245.1 21
4837-9612-G925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS-1082333-CC
Page Number: 8
TNFORMATIONA! NOT~5
ALERT = CA Senate dill 2 imposes an additional fee of $75 up to $225 at the time of rec9rding on certain transactions effective 7anuary 1, 2018. Please contact your First American Title representative fior more information on how this may affect your closing.
1. Taxes for proration purposes only for fihe fiscal year 2020-2021, First Installment: X881,775,64, PAID
Second Installment; $331,715.64, PAID
Tax Rate Area; 007-014
APN: 104-39-021
(Affects a portion of the herein described lands)
2, faxes for proration purposes only for the fiscal year 2020-2021.
First Insialimeni: $8,SOJ.,25, PAID
Second Ynstaliment: X8,101,25, PAID
Tax Rate Area; 007-014
APN: 10439-018
(Affects a portion of the herein described lands)
3, According to the latest available equalized assessmznt roU in the office of the county tax assessor, there is locaied on the land a(n) Commercial Structure known as 3600 JulieYce Lane, Santa Clara, California.
~. According to the public records, there has been no conveyance of the land within a period oP twenty- four months prior to the date of this report, except as follows; None
5, If this preliminary report/commitment was prepared based upon an application for a policy o'f title insurance that identified land by sheet address or asse~.sor's parcel number only, it fs the responsibility of the applicant to determine whether the land referred to herein is in faci the land 4hat is to be described in the policy or policies to be issued,
6. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance ofthe policy;
A, WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of receni date issued 6y the Secre4ary of Slate of the c~rp~ratfoi~'s state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation,
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.
4. Requirements wh(ch the Company may Impose following its review of the above material and o'tiier information which tiie Company may require,
FirstAmerican Title Insurance Company
SCLA-565982322245.1 22
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS-1082333-CC
Page Number: 9
B. WITH RESPECT TO A CALIFORNIA LIM1l~ED PARTNERSHLP;
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limned partners to the contemplated transaction;
4. A ceriificaie or` revivor and a cerificate of relies horn co~firact voidability issued by the Franchi9e Tax Board of the Stale of California,
5. Requirements wh(ch the Company may impose following its review of the above makerial and other information which the Company may require.
VVi i'H P.ESPE~ TO A FOREIGN tlMrfED PARTNERSMEP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LA-6) to be recorded in the public records;
2. A full copy o4 the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction;
4. A ce~fiificate of revivor and a certificate of relief from contract voidability issued by the Franchise lax Board ofthe State of California.
5. Requirements which the Company may impose following its review of the above material and other information which the Company may require.
WITH RESPE~ TO A GENERAL PARTNERSHIP.
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy oP any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy or` the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require.
WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of Its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate or correction (LlC-11), ceri'~icate of amendment (LLC-Z), or restatement of articles of organization (LLC-10) to be recorded fn the public records;
3. If it is a fioreign limited liability company, a cerkifi~d copy of its application for registration (LLC-5) to be recorded in the public records;
4. Wiih respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least Iwo duly elected or appointed officers, as follows: the chairman of the board, the president or any vice presidenfi, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the a. ticles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be execueed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager.
5, A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise i ax Board of the State of California.
6. P.equirements which the Company may impose following his review of the above material and other information which the Company may require.
First American Tdle Insurance Company
SCLA-565982322245.1 23
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BAB7F5538 Cyder Number: NCS-1032333-CC
Page Number: 10
f=. WITH RESPE~ I O A TRUST.
1. A certification pursuant Co Section 18100.5 of the California Probafe Code in a form satisfactory fio the Company,
2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require herein and other int`ormaiion which the Company may require.
6. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
i he nap attached, if any, may or• may not be a survey of the land depicted hereon, F1rst American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, i~ any, to which this map is attached.
First American Tit/e insurance Company
SCLA-56598\232224.1 24
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BA67F5538 Order Number: NCS-1082333-CC
Page Number: 11
LEGAL DESCRIPTION
Real properly in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
PARCEL ONE:
PARCEL 3, AS SHOWN UPON THAT CERTAIN MAP EMITLED, "PARCEL MAP BEING ALL OF PARCEL 2, AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 514 OF MAPS AT PAGE 37, SANTA CLARA COUNTY TOGETHER WITH A PORTION OF THE LANDS OF WILLIAM B. WESTON RECORDED IN BOOK 502 AT PAGE 64, BOOK 1323 AT PAGE 144, AND BOOK 4106 AT PAGE 103, SANTA CLARA RECORDS",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON OCTOBER 12, 1984 IN BOOK 535 OF MAPS, AT PAGES 29 AND 30.
PARCEL TWO:
AN EASEMENT FOR PRIVATE INGRESS AND EGRESS, PRNATE SANITARY SEWERS AND WATER LINES OVEP. ALL THAT PORTION OF PARCEL ~, AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, ON OCTOBER 12, 1984, IN BOOK 535 OF MAPS, PAGES 29 AND 30, DESIGNATED THEREON AS P.I.E.E,, P,S.S.E. ANQ W.L,E,
PARCEL THREE:
AN EASEMENT FOR STORM QRAINAGE PURPOSES OVER lNAT CERTAIN PARCEL OF LAND LYING
BETWEEN THE WESTERLY LINE OF THE FIRST DESCRIBED PARCEL AND THE EASTERLY LINE OF THE 90 FOOT RIGHT OF WAY OF THE SANTA CLARA COUNTY FLOOD CONTROL AND CONSERVATION DISTRICT, AS SHOWN ON THE RECORD OF SURVEY, RECORDED APRIL 17, 1972 IN BOOK 145, PAGES 40 THROUGH 49 OF MAPS, RECORDS OF SANTA CLARA COUfY~Y, CALIFORNIA.
APN: 104-39-018 and 104-39-021
FirstAmerican Idle Insurance Company
SCLA-565982322245.1 25
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871 BA67F5538 Order Number: NCS-1062333-CC
Page Number: 12
AlOTdGEF
Section ]2413.1 of the CaliFomia Insurance Code, effactive January 1, 19°0, requires that any tide insu2nca company, underwritten tltle com~ny, ormntrolled escrow o~mpany handling funds in an escrow orsub~escrow capadry, wait a s~cified number of days akzr depositing (ands, Uefo2 2cording any docur~xnts in connzction with the transaction or dishursing fund;. This statute allows for funds posited by wire transfer m be disbursed the same day as deposit. In tfie cass of cashier's checks or certified checks, funds may 6e disbursed [he next day afQ:r deposit In order ro avoid unnecessary delays of threw m seven days, or rmra, please use v+ire transfer, cashiers checks, or certified check; whenever possible,
If you have any gw.stions about the ef(zct of this new law, please contact your local Firt Artprican Office for mare details, NOTlCf ]'.f
Ps of ]anuary 1, 1991, if the transaction which is the subject of this reFwrt will be a sale, you as a party m tha transac8on, may have a.rtain ~:
reportng and withholding obligations pursuent ro the staCz law refzrred ro below; In accordance with Sections 18662 and 16663 of the Revenue and Tanatlon Code, a buyer rray be required to withhold an amount equal to thrz= and one-third ~rcen[ of the sales Arica in the use of the disposition of California real propery inte2st 6y either:
1. A seller who is an individual with a last known stmt address outside of California or vihen the disbursement inswc4ons authorize the proceeds !x: sent to a financial interrr~diary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer ray become subject to pznalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be viitliheld or five hundred dollars (5500).
However, notwithstanding any other provision included in the Calikmia staWte> referenced above, no buyerwill I~ requirzd to withhold any amountor l~ subject ro penalty for failure to withhold if:
1. The sales price of the California real ptopzrry conveyed does notexceed one hundred thousand dollare 0100,000), OR
2. The seller executes a written certificate, under thz ~nalty of p=rjury, certifying that the seller is a rFsid<nt of California, or if a corpora8on, has a pzmianent plate of business in California, OR
3. The selLr, who is an individual, executes a written ~rtifirate, under the ~nalry of perjury, that the California rzl property tiling conveyed is the seller's prindpal rnsidence (as defined in Section 1034of the Internal Revenue Code).
The seller is subject W malty for knowingly fiPng a fraudulent certificate for the purpose of avoiding the withholding requirzment.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-bycase basis.
The parties to this transactlon should seek an atromey's, acmantanPs, or other Fax special'~sis opinion co~wrning ~a ~ffxt of this last on [fii. transaction and should rwtacton any statement madeoromitted by ttp esc~w orcbsing officer.
The Seller tday Request a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P,O. Eox 651
Sacramento, CA95612-0651
(916) 845-9900
FirstAmerican Tale Insurance Company
SCLA-565982322245.1 26
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS-1082333-CC
Page Number: 13
Priaacy Poliegr
We Are Committed to Safeguarding Customer Information
in order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - pariicularly any personal or financial information. We agree that you have a right to know how we will utilize tihe personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicabilit'r
i his Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines fihat govern our use or` personal information regardless of its source, First American calls these guidelines its Fairinformatlon ~a/ues, a copy of which can be found on our website at www.firstam.com. 5'y~es of Infoemation
Depending upon which of our services you are utilizing, the types of nonpublic personal information ~ha't we may colie~ include;
a Tn~ormation we receive from you on applications, forms and in other communications 4o us, whether in writing, in person, by telephone or any other means; Information about your transac~ions with us, our affiliated companies, or others; and s Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party, Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. itJe may also provide all of ehe types of nonpublic personal info~~atio~ listed above to one or more of our afiliaYed companies. Such ai9liated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furhhermore, we may also provide ail the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
dormer ~usfiomers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best effiorts to ensure that no unauthorized parties have access to any of your irfiormation. UJe restr~c't access to non~~blic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and Fret American's Fairinformatlon ~a/ups We currently maintain physical, eleckronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
FirstAmerlcan Title Insurance Company
SCLA-565982322245. I 27
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-8T1BAB7F5538 Order Number: NCS-1062333-CC
Page Number: 14
CLTA/AL7'A HOMEOWNER'S POLYCY RF TtTLE %NSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptlons in Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resulting firom:
i. Governmental pdice power, and the etistence or violation of those portlons of any law or government regulation concerning:
(a) building; (d} improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (~ enNronmental protection.
This Exclusion does not limit the coverage described In Covered Risk 8.a., 14, 15, 16,16, 19, 20, 23 or 27.
2. The failure of Your existing sVuctures, or any part of them, to be constructed in accordance ~v(th applicable building codes. This Exclusion does not limit the coverage dEscribed in Covered Risk 14 or SS.
3. The right to take the Land by condemning IC. This Exclusion does not limit the coverage described in Covered Risk 17.
4. PJsks:
(a} that ire created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that arz Knotvn [o You at [he Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no Toss to You; or
(d) that Flrst occur after the Policy Date -this does not limit the coverage described in Covered Risic 7, S.e., 25, 26, 27 or 28.
5. Failure [o pay value for Your Titte.
6. Ladc of a right:
(a) to any land outside the area speclficdly described and refeRed to In paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land.
Tlils Exclusion does not limit the coverage described In Covered Risk li or 21.
7. The transfer of [he Title W You is invalid as a preferential transferor as a Fraudulent transfer or convEyance under feder~ bankruptcy, state insolvency, or similar creditors' rights laves.
P3M%TA7ZQNS ON COVERED RISKS
Your insurance for the following Covered Ris~<s is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 16, 19, and 21 Your peductible Amount and Our Mar~mum pollar Limit of Liability shown in Schedule A.
Your 6eauctiuie f~mounF 3~r F;ax~+u7: G3~ta:
Limit of Liabiliri
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18:1 % of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1°,0 of Policy Amount or X5,000.00 (whichever is less) X25,000.00 Covered Risk 21: 1% of Policy Amount or X2,500.00 (whichever is less) $5,000.00 ALTA RESID@NTIAL TITLE ZNSU RANCE PO4YCY (6-1-87)
IXCLU3IONS
In addition to the ExceUtlons in Schedule B, you are not Insured agdnst Toss, costs, attorneys' fees, and e~enses resultlng from;
1. Goveramen[aI police power, and the emstence or violation of any I sru or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
( a) and use
(V) improvements on the land
(c) ~d division
(d) environmental protxdon
This exclusion does not apply to violatlons or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date (b) the ta~Cing happened prior to the Policy pate and is binding on you if you bought the land without knowing of the taking
3. Title Wsics:
First American Title insurance Company
SCLA-565982322245.1 28
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS-1082333-CC
Page Number: 15
(a) that are created, allowed, or agreed to by you
(b) that ~e known to you, but not to us, on the Policy Date •-unless they appeaed in the public records (c) that resulF in no loss to you
(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage In Item 8 of Covered Title Risks
Failure [o pay value for your title.
Lacic of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that [ouch your Iand This exclusion does not limit the access cove2ge in Item 5 of Covered Title Risks. 20D6 AL1'A LOAN POLICY (06-17-06)
EXCLVISYONS FROM COVERAGE
The following matters are expressly excluded from the coverage of [his policy, and the Company will not pay foss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. My laal, ordinance, permit, or governmentzJ regulation (Including those relatlng to building and zoning) restricting, regulating, prohibitlng, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or IocaHon of any Improvement erected on the Land; iii, the subdivision of land; or
iv. environmental protection;
or the effect of any vlolatlon of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or Iimit [he coverage provided under Covered Rfsk 5.
b. Any governmental police pow '. This Exclusion 1(b) does not modify or Ilmit the coverage provided under Covered Risk G.
2. Righks of eminent domain. This E~cluslon does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Tnsured Claimant; b. not Known to the Compar~y, not recorded in the Public Records at Date of Policy, but Known [o the Insured Claimant and not disclosed in writing to the Company by the Insured Ciatmant prior to the date the Insured Claimant became zn Insured under this polfcY;
c. resulting in no loss or damage to [he Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Rlsic 11,13, or 14); or
e. resulting in loss or damage that would not have been sustaned if the Insured Claimant had paid value for the Ynsured Mortgage.
4. Unenforceability of [he Iien of the Insured Mortgage because of [he inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transacfion evidenced by the Insured Mortgage and is based upon uwry or any consumer credit protection or truth-in•lending larr. o, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights IaNs, that the [ransactlon creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Cova~ed Risic 13(b) of this policy.
7. Any lien on theTitle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of She Tnsured Mortgage in the Public Records. This Exclusion does not modify or limit Ehe coverage provided under Covered Risk 11(b).
The above policy form maybe issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the E;cepBons from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
E7(CEPYIONS FROM CpVERAGE
This policy does not insure against loss or dwnage (and the Company will not pay costs, attorneys' fees or e~enses) that arise by reason oF:
1. (a) Taxes or assessments that are not shown as e~ostlng dens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may re=_ult in tomes or assessments, or nogces of such praeedings, whether or not shown by the records of such agency or by the Public Records,
2. Any facts, rights, interests, or cldms [hat are not shown by the Public Records but that could be ascert~ned by an inspectlon of the Land or that maybe asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an First American Tale Insurance Company
SCLA-565982322245.1 29
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BDA4-4F9F-9667-871BAB7F5538 Order Number. NCS-1082333-CC
Page Number: 16
accurate and complete land survey of the Land and not shown by the Riblic Records. 5, (a) Unpatented mining claims; (b) reservatlons or exceptlons in patents or in Acts authort~ng the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public Records.
6. Any lien or right to a Ilen for services, labor or material noc shown by the public records. 2006 ALTA 9WNER'S PaLxCY (06-17-06)
EXGLUSION3 FR@M COVERAGE
The following matters are expressly excluded from the coverege of U~is policy, and the Company will not pay loss or damage, costs, attorneys' fees, or e~enses that srise by reason of:
1, a. My Isw, ordnance, permit, or governmental regulation (including those r~ladng to building and zoning) restricting, regulating, prohibitlng, or rela4ng to
i, the occupancy, use, or en)oymen[ of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land; iii, the subdivi~on of land; or
Iv. environme~td protection;
or the effect of any violation of these I ~rvs, ordinances, or governmental regula0ons. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Rislc 5.
b.Any governmental police power. This Exclusion 1(b) does nat modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the coverage prov(ded under Covered RJsk 7 or e.
Defects, Iiens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public P.ecards at Date of Policy, but known ro the Pnsured Clamant and not disclosed In writing to [he Company by the Insured Claimant prior to the date the Insured Claimant became an Tnsured under this policy;
c. resulting in no loss or damage [o the Insured Claimcvit; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risl; 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tide.
Any claim, by reason of the opere8on of federal b~nkrup[cy, state insolvency, or similar creditors` rights laws, that the transaction vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b, a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on the Title far real estate tomes or assessments imposed by govemmentd authority and created or attaching hetween Date of Policy and the date of recording of the deed or other instrument of Vansfer in the Public Records that vests Title as shovan in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standzrd Coverage policy will dso include the following Exceptions from Coverage:
IXCEP7IONS FROM COVERAGE
This policy does not insure against loss or danage (and the Company tivill not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessmentr [teat are not shown as existing liens by the records of any taking authority that IeJies taxes or assessments on real property or by tha Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such praeedings, whether or noC shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or clams that are not shown by the Public Records but that could be ascert~ned by an inspectlon of the Land or that may be asserted by persons fn possession of the Land,
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, varlaUon, or adverse circumstance affecting the TiUa thaF would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining cialms; (V) reservatlons or excepgons in patents or in Acts authorizing the issuvue thereof; (c) water rights, claims or tlde to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien far services, labor or matertaf not shown by the public records.
AlTA EXPANDED COVERAGE RES%DENTIAI, LOAN POLYCY (07-26-10) ESC~I~US%ONS FRUM C9V~RAGE
First American lrtle Insurance Company
SCLA-565982322245.1 30
4837-9612-6925.4
DocuSign Envelope ID: A04E18DF-BOA4-4F9F-9667-871BAB7F5538 Order Number: NCS-1062333-CC
Page Number: 17
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or ecpenses that arise by reason of:
1. a. My Iaw, ordinance, permit, or governmental regulatlon (including those relatlng ro building end zoning) restricting, regulating, prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
il. [he character, dimens(ons, or location of any Improvement erected on the Lid; ill. the subdivision oP land; or
iv. environmental protection;
or the effect of any violation of these I~vs, ordinanczs, or governmental regulations. This Exclusion 1(a) does no[ modify or limit the coverage provided under Covered Risk 5, 6,13(c),13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or IImIt the coverage provided under Covered Risi< 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent Boman. This Exclus(on does not modify or ~Imit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b, not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Tnsured Claimant and not disclosed in writing to the Company by the Insured Claimant prior ro the date the Tnsured Clamant became an Insured under this policy;
c. resultlng in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk il, 16,17,18, 19, 20, 21, 22, 23, Z4, 27 or 2S); or e, resulting in loss or damage that would not have been sust~ned if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabiliry of the lien of the Insured Mortgage because of the inability or failure of on Insured to comply with applicable doing-business Taws of the state where the Land is situated.
5. Invalidity or unenforcezbility Inwhole or In part of the lien of the Insured Mortgage that arises out of the transact(on evidenced by the Insured Mortgage and is based upon usury or any consumEr credit protection or truth-in-lending lorr. Th(s Exclusion does not modify or limit the coverege provided in Covered Risk 26.
6. Any claim of invalidity, unenForceabiliry orlack ofpriority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shosvn In Schedule A Is no longer the owner of [he estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Rislc Ll.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential swcture, or any portion of it, to have beFn constructed before, on or after Date of Policy in accordance with applicable building codes. This E;:c(usion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal banlwptcy, state insolvency, or similar creditors' rights laws, that [he transaction creating the lien of the Insured Mortgage, Is
a, a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy, FirstAmerican Tit/e Insurance Company
SCLA-565982322245.1
4837-9612-6925.4
RECORDING REQUESTED BY
FIRST AMERICAN TITLE CO,
N cs .. lo S 2 .3 3 3 · l'.! C.
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
J 500 Warburton Avenue
Santa Clara, CA 95050
APN: APN 104-39-018 & APN 104-39-02i
**This document was electronically submitted
to Santa Clara County for recording**
25271823
Regina Alcomendras
Santa Clara County - Clerk-Recorder
03/30/2022 08:46 AM
Titles: 2 Pages: 7
Fees: $0.00
Tax: $0.00
Total: $0.00
EXEMPT FROM RECORDING FEE
PER GOV'T CODE§§ 6103 and27383
EXEMPT FROM FEE
PER GOV'T CODE§ 27388.1 (o)(2)(D)
GRANT OF OVERHEAD ELECTRIC EASEMENT AND AGREEMENT
3600 Juliette Lane
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Intel Delaware Corporation, a Delaware Corporation successor in interest by merger with Intel Corporation, A California Corporation (herein "Grantor"), hereby grants to the CITY OF SANTA CLARA, Califomia, a chartered municipal corporation (herein "Grantee"), a non- . exclusive easement and right-of-way (herein "Easement") in, on, over, along and across the real property owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area").
This Easement shall be used by Grantee for the purposes of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto (the "Improvements"), and shall include a reasonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Granter, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor's property.
Grantee agrees that all Improvements constructed by Grantee shall be done at Grantee's sole cost and expense and in a good and workmanlike manner, and that no liens shall attach to all or any part of the Easement Area.
The Improvements will include poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the Grantor for driveway(s), ingress and egress, landscaping (excluding trees), and parking, as will not unreasonably interfere with the Grantee's use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee's express written consent and only after Grantee's review of plans and specifications and
104-39-018 & 104-39-021
RECORDING REQUESTED BY
FIRST AMERICAN TITLE CO.
N cs - lo ~l 3 3 3 - l!C-
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
APN: APN 104-39-018 & APN 104-39-021
E-RECORDED ~impli.Jilc'
ID: l52.1 (523
C<mnty, :5~ C{<lfl.. 0....
Date: .>f .3o2j Time: 8 :-4{,
EXEMPT FROM RECORDING FEE
PER GOV'T CODE§§ 6103 and 27383
EXEMPT FROM FEE
PER GOV'T CODE§ 27388.1 (a)(2)(D)
GRANT OF OVERHEAD ELECTRIC EASEMENT AND AGREEMENT
3600 Juliette Lane
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Intel Delaware Corporation, a Delaware Corporation successor in interest by merger with Intel Corporation, A California Corporation (herein "Grantor"), hereby grants to the CITY OF SANTA CLARA, California , a chartered municipal corporation (herein "Grantee"), a non exclusive easement and right-of-way (herein "Easement") in, on, over, along and across the real property owned by Granter in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area").
This Easement shall be used by Grantee for the purposes of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto (the "Improvements"), and shall include a reasonable right of ingress and egress over adjoining lands of Granter. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Granter, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Granter and any occupants of Grantor's property.
Grantee agrees that all Improvements constructed by Grantee shall be done at Grantee's sole cost and expense and in a good and worlananlike manner, and that no liens shall attach to all or any part of the Easement Area.
The Improvements will include poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the Granter for driveway(s), ingress and egress, landscaping (excluding trees), and parking, as will not unreasonably interfere with the Grantee's use of the Easement. Any other use of the Easement Area by Granter shall be subject to Grantee's express written consent and only after Grantee's review of plans and specifications and
104 -39-018 & 104 -39- 021
determination that such use will not unreasonably interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination, unreasonably interferes with its use of the Easement.
Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the Grantee's facilities or equipment located within the Easement. Grantee shall maintain and repair the Easement Area at its sole cost and expense.
In no event shall Grantor be liable for any damage to, or loss of personal property or equipment sustained by Grantee within the Easement Area, whether or not it is insured, except if such loss is caused by the gross negligence or willful misconduct of Grantor.
Grantee shall indemnify, defend and hold Grantor harmless from and against any and all losses, costs, damages, liens, claims, liabilities, or expenses incurred by Grantor arising from or by reason of Grantee's access to, or use of the Easement Area, unless caused by Grantor's sole negligence or willful misconduct.
THE EASEMENT IS GRANTED TO GRANTEE SUBJECT TO: All liens, encumbrances, easements, covenants, conditions and restrictions of record, including any matters shown on any subdivision or parcel map affecting the Easement Area; all exceptions appearing in that certain policy of title insurance for the Easement issued to Grantee as of or about the date hereof; all matters which would be revealed or disclosed in an accurate survey of the Easement Area; all matters which would be revealed or disclosed by a physical inspection of the Easement Area; a lien not yet delinquent for taxes for real property and personal property, and any general or special assessments against the Easement Area; and zoning ordinances and regulations and any other laws, ordinances, or governmental regulations restricting or regulating the use, occupancy or enjoyment of the Easement Area.
[Signature Page Follows]
104-39-018 & 104-39-021
IN WITNESS WHEREOF, Grantor has hereunto set their hands this day of ili Jghtl)(v , 2odl_ . .
APPROVED FOR FORM:
fu=~
Office of the City Attorney
City of Santa Clara
Intel Delaware Corporation, a Delaware Corporation
successor in interest by merger with Intel
Corporation, A California Corporation
By: _{;Q.......,...
1 1/kt:J~-..j,...,a......,_Lc=-"u __ :--""'-"--
Casaundra Elwood
Title: FMS Global Real Estate Manager
Date: _ , ....... , / ...... 6"-'--/2.....,;t""""o_~ ..... I ___ _ "OWNER" APN 104-39-018 & 104-39-021 (2021-11)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE COMPL ETE
LEGAL NAME AND CORPORATE SEAL OF THE CORPORAT ION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORA TION SHALL APPEAR ABOVE. WR1TTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS EXECUTING THIS
DOCUMENT ON BEHALF OF CORPORAT ION, PARTNERSHIP , OR JOINT VENTUR E, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE ATTACHED.
ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.
104- 39-018 & 104-39-021
/J,.lf'\'U!VI¢
CALIFORNIA-NOTARY ACKNOWLEDGMENT
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 Galifu11 tia Av-l-ZVi.1-c,
(name and title of officer), personally
appeared (~<\JJindf:o el IM:,.•..si\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 she/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
nd and official se
DEAN BABB
Notary Public • Arizona
~ ~. Maricopa County
~ ,J Commission II 573890
• ,.,, • My Comm. Expires Nov 14, 2023
(Seal)
DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
INTEL CORPORATION
3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
104-39-021 & 104-39-018
EASEMENT AREA: 21,400 SQ. FT.±
SVP REF: SC ---
A portion of Parcel 3, as shown on that certain map filed for record in the Office of the Recorder of the the County of Santa Clara (ORCSC) on October 12th, 1984 in Book 535 of Maps at Pages 29 and 30, located in the City of Santa Clara, County of Santa Clara, State of California, and described as follows:
COMMENCING at a monument located in the centerline Laurelwood Road as shown on
Laurelwood Road to a monument located at the centerline intersection of said Laurelwood Road and Juliette Lane; thence South 73°56'50" West 826.58 feet to a southeasterly corner of said Parcel 3 and the POINT OF BEGINNING; thence North 71 ° 16'22" West 398.19 feet along the northerly right-of-way line of the Bayshore Freeway (U.S. Route 101) to a southwesterly corner of said Parcel 3, herein after known as Point "A"; thence North 00°50'11" East 56.09 feet along the westerly line of said Parcel 3; thence South 71°47'07" East 185.61 feet; thence South 68°07'1 O" East 216.25 feet to an easterly line of said Parcel 3; thence South 00°52'43" West 45.32 feet along said easterly line to the POINT OF BEGINNING.
ALONG WITH :
COMMENCING at Point "A"; thence North 72°01 '49" West 41.86 feet along said northerly right-of -way to an easterly line of said Parcel 3 and the POINT OF BEGINNING; thence North 71 °12'39" West 15. 77 feet along said northerly right-of-way line to the easterly right-of -way line of San Tomas Aquino Creek; thence North 00°50'11" East 60.17 feet along said easterly right-of-way line of San Tomas Aquino Creek; thence South 69°50'59" East
15.90 feet to said easterly line of said Parcel 3; thence South 00°50'11" West 59.77 feet along said easterly line to the POINT OF BEGINNING.
CONTAINING IN TOTAL: 21,400 square feet, more or less.
REV: 0 DATE: 6/15/21
'!i,gh_,,g r,/fJ, /Hsth<:t!M"
~l~Cl~HAl
COUUlJANH INt
SALT LAKE CITY, UTAH
SCALE: N/A
INTEL CORPORAT ION
APN: 104-39-021 & 104-39-018
3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
SILICON
VALLEY
POWER.
CITY OF SANTA CLARA
SHEET: 1 of2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
INTEL CORPORATION
Line Table 3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
104-39-021 & 104-39-018
EASEMENT AREA: 21,400 SQ. FT.±
Line# Length
L1 398.19'
L2 56.09'
L3 185.61'
L4 216.25'
LS 45.32'
L6(TIE) 41 .86'
L7 15.77'
L8 60.17'
L9 15.90'
L10 59.77'
Direction
N71° 16' 22"W
Nao· so· 11 "E
S71° 47' 07"E
S68° 07' 10"E
soo· s2· 43"W
N72° 01' 49"W
N71 ° 12' 39"W
Nao· so· 11 "E
S69° 50' 59"E
soo· so· 11 ·w
lll:
Ill Ill
a:
()
0 z s
C,
cc
!a :Ii!
0 ... z cc
Cl)
LEGEND
PROJECT I.D. 1
INTEL
CORPORATION
APN: 104•39-021
APN: 104•39·01 a
\
[M)[g[¥'@i] ®&lm'TI'& ©lb/l\00& il [1,[1,@
Jii[¥'(mg i]@~c~@c@~~
I' //////VJ EASEMENT AREA = 21,400 SQ. FT. ±
- ROADWAY PLATTED CENTERLINE
p POWERLINE REFERENCE LINE
- ·· - .. - EXISTING EASEMENT LINE
-$- FOUND SURVEY MONUMENT
SVP REF: SC ---
SCALE FEET
0 125'
CL MON
LAURELWOOD RD
~t..o(;t.
•O \~' .A_{:\
o~" <oe?J.''
CL MON
250'
JULIETTE LANE &
LAURELWOOD RD
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 6-21 -21
~llltJIDl.thetlon"
CIH~Cf RIC Al
COUUlJANa INt
SALT LAKE CITY, UTAH
SCALE: 1" = 250'
INTEL CORPORATION
APN: 104-39-021 & 104-39-018
3600 JULIETTE LANE
SANTA CLARA, CALIFORNIA 95054
SILICON
VALLEY
POWER .
CITY OF SANTA CLARA
SHEET: 2of2
City of
Santa Clara
The Center of What's Possible
Office of the City Clerk
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property granted by Grant of Overhead Electric Easement and Agreement dated the ~~ of ~•~W')\>v< , 20 2..l, from Intel Corporation, a Delaware corporation successor in interest by merger with Intel Corporation , a California Corporation (Granter) to the City of Santa Clara, California , a chartered California municipal corporation (City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. 22-9045 adopted on January 25' 2022. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.
Re: 104-39-018
104-39-021
APPROVED AS TO FORM:
Office of the City Attorney
City of Santa Clara
.J1-)
Dated: This£ day of February , 2022
Nora Pimentel,
Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue • Santa Clara, CA 95050 • Phone : ( 408) 615-2220 • Fax: ( 408) 241-6771 • www.santac laraca.gov