Resolution No. 22-9119 — City Council and Authorities Concurrent, July 12, 2022

Resolution/Approving Purchase of Overhead Electric Easement Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. 22-9119

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVING PURCHASES OF OVERHEAD ELECTRIC

EASEMENTS

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara, a chartered city and municipal corpora tion acting by and through its municipally owned utility, Silicon Valley Power (“City” or “SVP”) is constructing approximately 0.6 miles of new single circuit 60 Kilovolt overhead transmission lines within the eastern area of the City of Santa Clara for the Memorex Junction Transmission Line Extension Project (“Project”). One of the objectives of the Project is to provide service to the new Memorex Junction Substation for the Memorex Data Center project and other potential datacenter or industrial developments within the vicinity; WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements;
WHEREAS, the Project was analyzed in accordance with the requirements of the California Environmental Quality Act (CEQA). This Project was analyzed in the Final Environmental Impact Report for the Memorex Data Center project, which was adopted by Council on November 9, 2021, by Resolution No. 21-9017; and
WHEREAS, on June 8, 2021, and December 14, 2021, City Council provided authority in closed session to negotiate Easements with owners of certain parcels required to construct the Project and the City has reached agreements with the 3 property owners to purchase easements necessary for the Project, upon the terms set forth below. //
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NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the purchase of the easements from the following 3 property owners for the negotiated purchase prices are approved.

Address Granters APN Purchase Price
2380 Lafavette St Dinapoli Family L. P. 224-63-020 $28,290 1045 Shulman Ave Berto Development 224-63-006 $20,000
2206 Lafayette St. Panis, Felix A and Remelita S 224-67-042 $25,000

2. That the City Manager , or his duly authorized designee , is hereby authorized and directed to execute a Purchase and Sale Agreement (Utility Easement) with each of the forgoing Granters, in a form substantially the same as the form(s) of Purchase and Sale Agreement (Utility Easement) attached hereto as Exhibits A, §. and~

3. Effective date. This resolution shall become effective immed iately .

I 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 12TH DAY OF JULY, 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: J.At~~~:!::..!:,:~~+=..::-==t- ---
Attachments incorporated by reference:

1. Report to Council #22-837

NORA PIMENTEL, C

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

2. Agreement for Purchase and Sale - 2380 Lafayette Street [APN 224-63-020]

3. Agreement for Purchase and Sale -1045 Shulman Avenue [APN 224-63-006]

4. Agreement for Purchase and Sale - 2206 Lafayette Street [APN 224-67-042] Resolution/Approving Purchase of Overhead Electric Easement Rev: 11/22/17

Page 2 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-837 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Approving Purchase and Sale Agreements for Easements on the Memorex Junction Transmission Line Extension Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), is proposing to construct approximately 0.6 miles of new single circuit 60 kilovolt (kV) overhead transmission line within the eastern area of the City of Santa Clara. One of the objectives of the Memorex Junction Transmission Line Extension Project (Project) is to provide service to the new Memorex Junction Substation to be constructed as a part of the 1200 Memorex Development and potentially other datacenter or industrial developments within the vicinity.

The new 60 kV transmission line would be constructed along or crossing the following city streets:

Lafayette Street, Shulman Avenue, Memorex Drive, Ronald Street and Di Giulio Avenue.

The City Council has previously taken a number of actions on the project:
· April 14, 2021 - Approved a Funding Agreement with 1220 Santa Clara PropCo, LLC, Relating to City Predesign Engineering Activities for the Memorex Junction Substation Project and Related Budget Amendment
· November 9, 2021 - Action on the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring or Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive · March 22, 2022 - Delegated Authority to the Office of the City Manager to negotiate and execute the substation agreement for Silicon Valley Power with 1220 Santa Clara Propco, LLC for Memorex Junction Substation
Other actions taken for this project include a November 1, 2021 community meeting to present and take comments from the community on the transmission line route.

The Project requires the acquisition of eight (8) parcel easements to facilitate construction of new monopole steel structures and results in the acquisition of new easements for electrical facilities.

DISCUSSION
The City has negotiated the proposed purchase of the easements from the following three property City of Santa Clara Printed on 7/20/2022Page 1 of 2
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22-837 Agenda Date: 7/12/2022
owners of certain parcels necessary for the Project, upon the terms set forth below.

Address Grantors APN Purchase
Price
2380 Lafayette St Dinapoli Family L. P. 224-63-020 $28,290 1045 Shulman Ave Berto Development 224-63-006 $20,000
2206 Lafayette St. Panis, Felix A and Remelita S 224-67-042 $25,000

ENVIRONMENTAL REVIEW
The potential impacts to the Project were addressed in the November 9, 2021 Council Action Adopting a Mitigation Monitoring or Reporting Program of a Data Center project located at 1200-1310 Memorex Drive.

FISCAL IMPACT
The total cost of the easement purchases is $73,290. This cost will be covered per the executed substation agreement with 1220 Santa Clara Propco, LLC. This action has no fiscal impact to the General Fund as the Project is fully funded by developer contributions.

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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt the Resolution approving the purchases of overhead electric easements at 2380 Lafayette Street [APN 224-63-020], 1045 Shulman Avenue [APN 224-63-006], and 2206 Lafayette Street [APN 224-67-042]; and

2. Authorize the recordation thereof.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: City Manager’s Office

ATTACHMENTS

1. Resolution

2. Agreement for Purchase and Sale - 2380 Lafayette Street [APN 224-63-020]

3. Agreement for Purchase and Sale - 1045 Shulman Avenue [APN 224-63-006]

4. Agreement for Purchase and Sale - 2206 Lafayette Street [APN 224-67-042] City of Santa Clara Printed on 7/20/2022Page 2 of 2
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AGREEMENTFORPURCHASEANDSALE
(UTILITY EASEMENT)
AGREEMENT FOR PURCHASE AND SALE ("Agreement") is made and entered into as of -4-'"'-'-"-'~ U--~ -• 202.?-.(the "Effective Date") by and between CITY OF SANTA CLARA ("Grar ee" or "City") and DiNapoli Family L.P., a California limited partnership ("Grantor) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

RECITALS
WHEREAS, The City of Santa Clara's Electric Utility, Silicon Valley Power (SVP), plans to construct approximately 0.6 miles of new 60 kilovolt (kV) overhead transmission line along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street within the northwestern area of the City of Santa Clara. SVP's primary objective of the Memorex Loop Project ("Project") is to increase system capacity and reliability.

WHEREAS, the Project will involve the placement of multiple new monopole steel structures and/or replace existing wood pole structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements.

WHEREAS, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A (the "Easement") for the Project upon the terms and conditions set forth herein.

WHEREAS, Grantor and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that 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 fee owner of certain real property commonly known as 2380 Lafayette Street, APN: 224-63-020 located in the City of Santa Clara, California over which the Easement will cross.

1.2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.

ARTICLE 2

PURCHASE PRICE

2.1. Purchase Price. The purchase price ("Purchase Price") for the Easement shall be Twenty Eight Thousand Two Hundred Ninety and no/100 Dollars ($28,290.00) .

SCLA-56598\2322245. l

2.2. Payment of Purchase Price. The purchase price shall be payable all in cash upon close of Escrow (as defined below) in accordance with Section 4.2.

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3.1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Grantor to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3.1 (the "Conditions Precedent").

3.1.1 Title. Grantee has obtained a preliminary title report dated April 12, 2022, from First American Title Company (the "Title Report"). Grantee acknowledges and agrees that all exceptions are approved by Grantee (the "Approved Exceptions").

3.1.2 Execution of Overhead Electric Easement Deed. Grantor shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit B attached hereto (the "Easement Deed") subject only to the Approved Exceptions.

3.1.3 Deposit of Grant Deed. Grantor shall have deposited into Escrow (as defined below) the Overhead Electric Easement Deed as provided for in Section 4.1.1, conveying title to the Easement (subject to the Approved Exceptions) to the Grantee.

3.1.4 Title Insurance. The Title Company shall be prepared to issue an ALTA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions (the "Title Policy").

3.1.5 Certificate of Acceptance. Grantee has obtained a resolution of the City Council of the City of Santa Clara authorizing recordation of the Overhead Electric Easement Deed and has deposited a properly executed Certificate of Acceptance into Escrow.

3.1.6 No Breach. There shall be no material breach of any of Grantor's representations, warranties, or covenants set forth in Article 5.

3.1. 7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.

3.2. Grantee's Remedies.

3.2.1 Conditions Precedent. If 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 question and proceed with the purchase· of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3.2.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten ( 10) calendar days to cure such failure. If Grantor has not cured such failure within such period (or, SCLA-56598\2322245. J 2
if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee's sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing 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.

3.3. Grantor's Remedies. If any of the foregoing 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 sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any amounts deposited into Escrow shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

ARTICLE4

CLOSING AND ESCROW

4.1. Deposits into Escrow. Grantee has established an escrow (the "Escrow") with First American Title, 1850 Mt. Diablo Blvd., Suite 530, Walnut Creek, CA 94596. Attn.: Roni Sloan Loftin, telephone: (925) 927-2127 (the "Escrow Agent"). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five (5) business days after the Effective Date. Subject to Section 4.2.2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby. Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow: ·

4.1.1 Grantor. Grantor shall deposit the following into Escrow:
(a)
suitable for recordation;
The Overhead Electric Easement Deed, fully executed and (b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor's U.S. taxpayer identification number and that the Grantor is a "United States person" as defined by Internal Revenue Code sections 1445(f)(3) and 7701 {b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.

4.1.2 Grantee. Grantee shall deposit the following into Escrow:
(a) Cash or immediately available funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee's share of closing costs and prorations, as hereinafter set forth; SCLA-56598\2322245. l 3
(b) An executed Certificate of Acceptance; and
(c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.

4.2. Close of Escrow.

4.2.1 Closing Date. Escrow shall close on or before the thirtieth (30th) day following execution of this Agreement by Grantee or upon such other date as is mutually agreed upon by Grantee and Grantor (the "Closing Date").

4.2.2 Closing of Escrow. When the Conditions Precedent listed in Section 3.1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3.1 .4, Escrow Agent shall immediately close Escrow as provided below (the "Closing").

The parties to this Agreement shall cooperate with each other and the Escrow Agent in preparing and executing such further documents (including further escrow instructions) as may be reasonably necessary to close Escrow as contemplated by this Agreement; provided however, that in the event of any conflict between the provisions of this Agreement and any such further documents or escrow instructions, the terms of this Agreement shall control.

4.2.3 Procedure. Escrow Agent shall close Escrow as follows:

4.2.3.1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.

4.2.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.

4.2.3.3 Pay to Granter. Pay to Granter the funds in Escrow equal to the Purchase Price, reduced only by the Grantor's share of closing costs and prorations, as hereinafter set forth in Section 4.2.4 below.

4.2.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee.

4.2.3.5 Closing Statement. Prepare and deliver to Grantee and Granter one signed copy of the Escrow Agent's closing statement showing all receipts and disbursements of the Escrow.

4.2.4 · Closing Costs and Prorations.

4.2.4.1 Closing Costs. Grantee and Granter shall each pay its own attorney's fees in connection with negotiating this Agreement and closing the Escrow. Grantee shall pay recording costs, if any, Escrow fees, the title insurance premium, and any documentary transfer taxes.

SCLA-56598\2322245.1 4
ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1. Grantor's Representations and Warranties. Grantor represents and warrants to , Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5.1.1 Organization Authority. DiNapoli Family L.P. is a California limited partnership, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it 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 instruments referred to herein on behalf of Grantor, have the legal power, rights and actual authority to bind Grantor to the terms and conditions hereof and thereof;

5.1.2 No Violation of Agreement; Litigation. Neither the execution, delivery or performance of this Agreement by Granter will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, 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 to 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 Granter Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

ARTICLE 6

GENERAL PROVISIONS

6.1. Approval of City Council. Granter and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council's approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6.2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or SCLA-5659812322245. l 5
modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.

6.4. Brokers' Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers' fees or finders' fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys' and experts' fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder's fee 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. Attorney's Fees. In the event either party to this Agreement institutes an action to interpret or enforce 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 costs and judgment as awarded by the court, its attorney's 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 $5,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.

6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6.8. Time. Time is of essence of every provision herein contained in this Agreement.

6.9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6.10. Survival. The terms, covenants and conditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title.

6.11. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered (with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:

To Grantor:

SCLA-56598\2322245. l
Dinapoli Family L.P.

Attention: John DiNapoli
99 Almaden Blvd. #565
San Jose, CA
Telephone: (408) 998-2460
6 To Grantee:

With a copy to:

City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: (408) 615-2210
City of Santa Clara City Attorney's Office
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 shall be deemed received three (3) days after the date of mailing and notices 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.

IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the date(s) set forth below, effective as of the day and year first above written ("Effective Date").

GRANTOR
DINAPOLI FAMILY L.P.,
a California limited partnership
By: DINAPOLI FAMILY L.P.,
a California limited partnership
By: I COMPANIES, INC.,
rporation
rtner
Date: ___________ _
SCLA-5659812322245. l 7

GRANTEE
City of Santa Clara,
a municipal corporation

APPROVEDASTOFORM
Office of the City Attorney
City of Santa Clara

EXHIBIT A
EXHIBIT "A"
SVP REF: SC
DESCRIPTION:

OVERHEAD ELECTRIC EASEMENT ACROSS:

DINAPOLI FAMILY LP.
2380 LAFAYETTE ST
SANT A CLARA, CALIFORNIA 95050
APN: 224-63-020
EASEMENT AREA: 1,380 SQ. FT.±
Those portlons of the parcel of land conveyed in that certain Grant Deed recorded September 9, 2019 as Document No. 24275020, In the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

PARCEL A
COMMENCING at a monument located at the centerline intersection of Lafayette Street and Ronald Street; thence South 15"35'54" East 144.26 feet along the centerline of said Lafayette Street (as shown on Page 2 of this Exhibit); thence South 74 "24'06" West 50.00 feet to the westerly right-of-way of said Lafayette Street and the northeasterly corner of said Grantor's Parcel; thence South 15°35'54" East 337.11 feet along said westerly right•of-way to the POINT OF BEGINNING; thence South 15°35'54" East 14.69 feet continuing along sald westerly right-of-way to the beginning of a curve concave northwesterly having a radius of 20.00 feet; thence southwesterly 36.97 feet along said curved right--0f-way through a central angle of 105°55'21" to the northerly right-of-way of Shulman Avenue; thence North 89°40'32" West 66.10 feet along said northerly right-of-way to Point "N: thence North 82"45'04" East 61.22 feet; thence North 33°29'38" East 37.69 feet to the POINT OF BEGINNING.

CONTAINING: 800 sq. ft., more or less.

PARCEL B
COMMENCING al the above described Point "A"; thence along the northerly right-of-way of Shulman Avenue the following three (3} courses: 1) North 89°40'3211 West 158.64 feet to the beginning of a curve concave southeasterly having a radius of 220.00 feet; 2) southwesterly 115.19 feet along the arc of said curve through a central angle of 29°59'56"; 3) South 60°19'31" West 26.62 feet to the POINT OF BEGINNING, thence South 60°19'31" West 66.08 feet continuing along said northerly right-of-way; thence North 23"29'28" East 25.02 feet; thence North 60°19'31" East 11.29 feet; thence North 83°39'44" East 37.87 feet to the POINT OF BEGINNING.

CONTAINING: 580 sq. ft., more or less.

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APN: 224-63-020
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
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EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

DINAPOLI FAMILY L.P.
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-020
EASEMENT AREA: 1,380 SQ. FT. ±
SVP REF: SC
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LAFAYETTE STREET
~A!!_D AVE RICHARD AVENUE
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26.62' (TIE)
R=220.00' L=115.19' (TIE)
Q;,29°59'56.

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158.64' (TIE}
.08'
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S 15°35'54" E

14.69'
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R=20.00' L=36.97'
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THIS DRAWING SKOULD BE USED ONLY >,s AREPRESENTA110N OFYHE LOCATION OF THE EASEME!fl BEING CONVEYED, l1lE EXACTLOCA110N OF ALLSTRUcnJRES, LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THERlGHTOF WAY HEREIN GRANTED .,,,..,,.

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SCALE: 1"" 100'
DINAPOLI FAMILY LP.

APN: 224-63-020
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
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City Of SANTA (lAflA
SHEET: 2 012
Reco1·ding Re9uested by;
Office of the City Attorney
City of Santo Claro, California
When Recorded, Moil to:

Office of the Citv Clerk
City ofSanta Claro
1500 Warburton Avenue
Santa Clara, CA 95050

EXHIBIT B
ISl'AC!l AllOVE TIIIS 1.11'\'li l'OR RllCOROllR'S USE!
E'\'F.MM'f'ROM RF.COROINOPF.F.

P.ElUJOVrr t:01)1,; §§ 6103 and 273t«J
EXl::'.Ml'T FROM 1"1:E
!'ER OOV'T CODE§ l7)S$.l !•)/Z)(DJ

OVERHEAD ELECTRIC EASEMENT DEED
2380 Lafayette St & APN 224-63-020
Sanfll Cliua, Califomia
For valuable consideration, the receipt ofwhich is hereby acknowledged, DINAPOLI FAMILY L.P., a California limil.:d partnl!rship, (h.:n:in "Grantor"), her.:by grants lo the CITY OF SANTA CLARA, Califomia, a chartered municipal corporation, (herein "Grantee"'), an easement and right-ot~way (herein "East'menf') in, on, over, along and across the real property owned by Grantor in the City of Santa Clara. Stat~• ofCalifomia. dcsi:rib..:d in Exhibit A u!lachc<l hereto and incorporated hcrcin by this rcren:ncc ("Ji:asement Area'").

TI1is Easement shall be used by Grnntee for the purpose of constmcting and reconstmcting, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission .. distribution and/or communication systems. and appurtenances thereto, including a reasonabk right of ingr.:ss and .:gr.:ss over adjoining lands of Gran tor. In ex.:rcising snid right of ingress nnd egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grautor, if such there be, and if not, by such route or routes as shnll result in the least practicable inconvcnicncc to Grantor mid any occupant~ of"Gnmtor·s property. ·n1e ov.:rhead system will consist ol"pol.:s, wir.: suppmts, wires and condm:lms suspended from pole to pole, transfonners and otl1er equipment mounted on the poles, anchors, guy attachments, and other appurtennnces.

Po1iions of the Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees), and parking, as will not interfere with ihe 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 Gnmh:c·s review or plans and specifications and detcnnination that such use will not interfere with its us.:: or th0 Eus.imcnt. Grant0e may trim any tn.ics or remove m1y tree or structure which is in or adjacent to the Easem.:nt Area which, in it~ reasonable detem1ination, interferes with its use of the Easement.. Grantee may trim any trees or remove nny tree which is in or adjacent to the Easement Arca which exceeds a height of20 feet or poses a risk of falling onto the Grantec·s facilities or equipment located within the Easement. [SIGNATUllli(S) APPEAR ON nm FOLLOWING P,\GE]
SCLA-56598\2322245. l 10
IN WITNESS WHEREOF, said gmntors have h.:reunto set their hands this ___ day of _______ ____,20_.

APPROVED FOR FORM:

Office of the Cily Allomcy
City ot"Sanla Clara
By: DINAPOLI FAMILY L.P.,
a California limited pa11nership
By: JP DINAPOLI COMPANIES, INC.,
a California corporalion
Its: General Partner
By:

John B. DiNapoli
President
"O\\'NER" APN 224-63-020 (2022-04)
ALI. I.F.GAI. OWNERS OF PROPERT\' Mt:ST EXECUTE THIS llOC'lf:IIENT. IF ORANTOR IS A CORPORA TIO),!, TIIE COMPLETE I.EOAL NA~!E AND CORPORATE SEAL OF TIIE CORPORATION AND CORPORATE TITLES OF TIIE PERSONS SIGNING FOR IBE CORPORATION SHALi, APPEAR ABOVE. WRITT£,I EV!DE!'ICE OF AUTHORITY OF PERSON OR PERSONS J;XEC'.l1TING ·1111s llOC:llMENT ON lllilf,\l,F OF CORl'OR:\TION. P,IRTNERSIIIP, ()I( JOll\T VEN"l11Rli. OR ANY 011m1t ORGANIZATION OTl!ER THAN A SOLE PROPRIETORSHIP Sl!ALL BE A TTACl!ED.

ATrACII TIIE Al,lrl'IJRl'OSJ;: NOTAIH' ACKNClWLEDGMliNT FORM l'OR 'fllll l'ERSON OR l'lffiSONS EX~;cLrfJNG TIIIS Jl{)CIJt.H:NT ON lllillAJ,F Of TIIE (lllANTOR.

SCLA-56598\2322245. l II
S\;
224-J3-020

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other olTiL'Cr completing this
c.:rtificate v.:ritfos only the identity of the
individual who sign.:d the document to which this
certificate is allad10<l, and not the lrulhfuln.:s.~,
nccurncy, or validity of that document.

State of California
County of _____ _
On _______ before me, _______ (name and title of officer), personally appeared _______ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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.

WITNESS my hand and official seal.

Signature ______ _ (Seal)
SCLA-56598\2322245. I 12
EXHIBIT "A"
SVP REF: SC
DESCRIPTION:

OVERHEAD ELECTRIC EASEMENT ACROSS:

DINAPOLI FAMILY L.P.
2380 LAFAYETTE ST
SANT A CLARA, CALIFORNIA 95050
APN: 224-63-020
EASEMENT AREA: 1,380 SQ. FT.±
Those portions of the parcel of land conveyed in that certain Grant Deed recorded September 9, 2019 as Document No. 24275020, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

PARCEL A
COMMENCING at a monument located at the centerline intersection of Lafayette Street and Ronald Street; thence South 15°35'54" East 144.26 feet along the centerline of said Lafayette Street (as shown on Page 2 of this Exhibit); thence South 74°24'06" West 50.00 feet to the westerly right-of-way of said Lafayette Street and the northeasterly corner of said Grantor's Parcel; thence South 15°35'54" East 337.11 feet along said westerly right-of-way to the POINT OF BEGINNING; thence South 15°35'54" East 14.69 feet continuing along said westerly right-of-way to the beginning of a curve concave northwesterly having a radius of 20.00 feet; thence southwesterly 36.97 feet along said curved right-of-way through a central angle of 105°55'21" to the northerly right-of-way of Shulman Avenue; thence North 89"40'32" West 66.10 feet along said northerly right-of-way to Point ''A": thence North 82°45'04" East 61.22 feet; thence North 33°29'38" East 37.69 feet to the POINT OF BEGINNING.

CONTAINING: 800 sq. ft., more or less.

PARCEL B
COMMENCING at the above described Point "A"; thence along the northerly right-of-way of Shulman Avenue the following three (3) courses: 1) North 89°40'32" West 158.64 feet to the beginning of a curve concave southeasterly having a radius of 220.00 feet; 2) southwesterly 115.19 feet along the arc of said curve through a central angle of 29°59'56"; 3) South 60°19'31" West 26.62 feet to the POINT OF BEGINNING, thence South 60°19'31" West 66.08 feet continuing along said northerly right-of-way; thence North 23°29'28" East 25.02 feet; thence North 60°19'31" East 11.29 feet; thence North 83°39
1 44• East 37.87 feet to the POINT OF BEGINNING.

CONTAINING: 580 sq. ft., more or less.
/
1nclRICAl
m1mn INt
DINAPOLI FAMILY LP.

APN: 224-63-020
2380 LAFAYETTE ST
.r-~:,::.;.:~~~
z. i,2.(.,. ,:'
/$'-~\.-\·/·
.·~'i~'"'ttt\~~,,;,;
;~:;:{}:::.'..:::, .... _;;..-
BY:AGD CHK: GHH APP: JJC
SANT A CLARA, CALIFORNIA 95050 SHEET: 1 of2
SCLA-56598\2322245.l 13
LEGEND
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

D!NAPOLI FAMILY L.P.
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
APN: 224--63-020
IZZZZZZZZ21 EASEMENT AREA = 1,380 SQ. FT.±
-- - --ROADWAY PLATTED CENTERLINE
---p ---POWERLINE REFERENCE LINE
.~ FOUND SURVEY MONUMENT
....... ~'".;;:.:;~
~l)~f!l:-~~
,.
.,,:_,{;),.//
!.ii'i'~:-:f'
'·•·,:.::;;-..:::~✓
P.O.B.

PARCELS
DINAPOLI FAMILY L.P.

APN~ 224•83•020
S 60°19'31" W

26.62' (TIE) N 82°45'04" E
R=220.00' L=115.19' (TIE)
O;:29°59'66.

N 89°40'32" W
158.64' (TIE)
SVP REF: SC
I
P.0.B.

PARCELA
~ \
S 15°35'54" E

14.69'
\ I
R=20.00' L=36.97'
D=105°55'21" N 83°39'44" E

37.87'
N 60°19'31" E

11.29'
N 23°29'28" E
r.~
,08'
CL MON
l.AFAYETTE STREET
(NOT AT INTERSECTION)
\
\
THIS DRAWING BHOUU> BE UBEO ONLY MA REPRESENTATION OF THE LOCATION OF THE EASEMENTB!!JNG CONVE'IEO. THE EXACTLOCATION OF All.llTRUCTIJREs, LINES AND /\PPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED iTH BICAl mumm
SCLA-56598\2322245. I
SCALE: 1" a 100'
DlNAPOLI FAMILY LP.

APN: 224-63-020
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
14 BY:AGD CHK: GHH APP: JJC
SHEET:2of2
QEBIIEIQATE Qf ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from DiNapoli Family L.P., a California limited partnership (Grantor) 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. ____ adopted on , 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-63-020
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
SCLA-56598\2322245. I
Dated: Th!s __ dayof ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST: _______ _
Office of the City Clerk
City of Santa Clara
15 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
**This document was electronically submitted
to Santa Clara County for recording**
25428570
Regina Alcomendras
Santa Clara County - Clerk-Recorder
01/24/2023 09:25 AM
Titles: 1 Pages: 6
Fees: $0.00
Tax: $0.00
Total: $0.00
[SPACE ABOVE THIS LINE FOR RECORDER'S USE!

EXEMPT FROM RECORDING FEE
PER GOV'T CODE§§ 6103 and 27383

EXEMPT FROM FEE
PER GOV'T CODE § 27388.1 (a)(2)(D)

OVERHEAD ELECTRIC EASEMENT DEED
2380 Lafayette St & APN 224-63-020
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, DINAPOLI FAMILY L.P., a California limited partnership, (herein "Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, (herein "Grantee"), an easement and right-of-way (herein "Easement'') in, on, over, along and across the real property owned by Granter in the City of Santa Cl~ra, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Arca").

This Easement shall be used by Grantee for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including 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 Grantor, 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.

The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipip.ent mounted on the poles, anchors, guy attachments, and other appurtenances. ·
Portions of the Easement Arca may be used by the Grantor for driveway(s), landscaping (excluding trees), and parking, as will not 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 determination that such use will not 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, 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. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]
Pa ge 1 . of 2 SC
224-63-020
DOC #25428570 Page 2 of 6
IN WITNESS WHEREOF, said grantors have hereunto set their hands this Cl 1-fb-day of Apci \ . 20.zz.,
~RO=~' ~ ..... ----
Office of the City Attorney
City of Santa Clara
By: DINAPOLI FAMILY L.P.,
a California limited partnershi
By:
a Califomi
Its: General
"OWNER" APN 224-63-020 (2022-04)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS

EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE A TT ACHED.

A1TACH THE ALL-PURPOSl i NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR Pl.:RSONS EXECUTING THIS DOCUMENT ON BEHALF OF TUE GRANTOR.

Page 2 of 2 ends

224-63-020
DOC #25428570 Page 3 of 6

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 California
County ~
On ~U.7,.hzt OOfore m , • i;'~!,,~ (j,~). personally
appearedt §J];fVo#'wtio proved to me on the basis of satisfactory evidence to be the person(s) ~e 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

KAREN LOUISE RABOURN
Notary Public • California
Santa Clara County f
• Commission# 2333676 -
•' My Comm. Expires Sep 18, 2024
(Seal)
DESCRIPTION:

DOC #25428570 Page 4 of 6
EXHIBIT "A"
SVP REF: SC_-_
OVERHEAD ELECTRIC EASEMENT ACROSS:

DINAPOLI FAMILY LP.
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-020
EASEMENT AREA: 1,380 SQ. FT. ±
Those portions of the parcel of land conveyed In that certain Grant Deed recorded September 9, 2019 as Document No. 24275020, In the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

PARCEL A
COMMENCING at a monument located at the centerline intersection of Lafayette Street and Ronald Street; thence South 15°35'54" East 144.26 feet along the centerline of said Lafayette Street (as shown on Page 2 of this Exhibit); thence South 74°24'06
11 West 50.00 feet to the westerly right-of-way of said Lafayette Street and the northeasterly corner of said Grantor's Parcel; thence South 15°35'54 11 East
337.11 feet along sald westerly rlght-of-way to the POINT OF BEGINNING; thence South 15°35 1 54
11 East 14.69 feet continuing along said westerly right-of-way to the beginning of a curve concave northwesterly having a radius of 20.00 feet; thence southwesterly 36.97 feet along said curved right-of-way through a central angle of 105°55'21" to the northerly right-of-way of Shulman Avenue; thence North 89°40'32" West 66.10 feet along said northerly right-of-way to Point "A"; thence North 82°45'04" East 61 .22 feet; thence North 33°29'38
11 East 37.69 feet to the POINT OF BEGINNING.

CONTAINING: 800 sq. ft., more or less.

PARCEL B
COMMENCING at the above described Point "A"; thence along the northerly right-of-way of Shulman Avenue the following three (3) courses: 1) North 89°40'32" West 158.64 feet to the beginning of a curve concave southeasterly having a radius of 220.00 feet; 2) southwesterly 115.19 feet along the arc of said curve through a central angle of 29°59156"; 3) South 60°19'31" West 26.62 feet to the POINT OF BEGINNING, thence South 60°19'31" West 66.08 feet continuing along said northerly right-of-way; thence North 23°29'28" East 25.02 feet; thence North 60°19 1 31
11 East 11.29 feet; thence
North 83°39'44" East 37.87 feet to the POINT OF BEGINNING. ,.:::-;--:~~ .... ,
CONTAINING: 580 sq. ft., more or less.

REV: 1 DATE: 4-26-22
~ r,f//1 Dllllll<tltJtl"
Clf UCTRHAl
CONUl TANH INt

SALT LAKE CITY, UTAH
• ... e ···•/
2 ·'/
•~~ / t~ I·
-..:..-:,1._~" r,. ',.,11: •~t, ,/,, r..;',L\l' ';:t:/ ..... ~,...,..

BY:AGD CHK: GHH APP: JJC
DINAPOLI FAMILY LP.

APN: 224-63-020
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
~SILICON
~VALLEY
POWER.

Cl1Y OF SANTA Cl-AM
SHEET: 1 of2
DOC #25428570 Page 5 of 6
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
60'
LEGEND
DINAPOLI FAMILY LP.
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-020
EASEMEN_T AREA: 1,380 SQ. FT. ±

RICHARD AVE
l'VZ/ZZZZ?I EASEMENT AREA = 1,380 SQ. FT.±
--ROADWAY PLATTED CENTERLINE
---p ---POWERLINE REFERENCE LINE
-$-- FOUND SURVEY MONUMENT
, N•-~--
• {/. ~,.,,
,,'l.'!1' • .,.,., .,.,,·•;,,.r_;?'
~~
DINAPOLI FAMILY L.P.

P.O.B.

PARCEL B
N 83°39'44" E

37.87'
APNll 224•83•020

SHULMAN AVE
SVP REF: SC_-_
CL MON

LAFAYETTE STREET

RICHARD AVENUE
N 89°40'32" W

66.10'
N 60°19'31" E

11.29'
N 2a•29•2a" e
2s.02· s 60°19'31" w
( '~ 1/6608
CL MON

LAFAYETTE STREET
(NOT AT INTERSECTION)
\
\
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF 'THE EASEMENT BEING CONVeYED, THE EXACT LOCATION OF ALLS'TRUCTURES,

LINES AND APPUR'TENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 1 DATE: 4-26-22
"Tn~ with m,u,.u,,,·
Clf lf ClRICAl
couv11ua nt

SALT LAKE CITY, UTAH
SCALE: 1" = 100'
DINAPOLI FAMILY L.P.

APN: 224-63-020
2380 LAFAYETTE ST
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
:h..51UCON
.VALLEY
POWER.

CITY OF SANTA CLAM
SHEET: 2of2
City of
Santa Clara
The Center of What's Possible CERTIFICATE OF ACCEPTANCE DOC #25428570 Page 6 of 6
Office of the City Clerk
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the 27th.of Aprt'J 20'2'2-, from DiNapoli Family LP., a California limited partnership (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 . .a(- <\ I 19 adopted on __.·:[_c=i'""lj-"'1--,,...._ __ fl:_, 2012. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-63-020
Office of the C1 y Attorney
r1 City of Santa Clara
..

Dated: This f1J!&ay of ~w+ , 20~
Santa Clara
ATTEST: Ji¥~~~ea..t.~4
City of Santa Clara
'
1500 Warburton Avenue • Santa Clara, CA 95050 • Phone: (408) 615-2220 • Fax: (408) 241-6771 • www.santaclaraca.gov

AGREEMENTFORPURCHASEANDSALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") is made and entered into as of ~ 1,1s•I-- /'J_, 2022..(the "Effective Date") by and between CITY OF SANTA CLARA ("Gra tee" or "City") and Berto Development, a California limited partnership ("Grantor) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

WHEREAS, Granter and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that 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. Granter is the fee owner of certain real property commonly known as 1045 Shulman Ave. APN: 224-63-006 located in the City of Santa Clara, California over which the Easement will cross.

1.2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.

ARTICLE 2

PURCHASE PRICE

2.1. Purchase Price. The purchase price ("Purchase Price") for the Easement shall be Twenty Thousand and no/100 Dollars ($20,000.00).
fl
SCLA-56598\2322245. l

2.2. Payment of Purchase Price. The purchase price shall be payable all in cash upon close of Escrow (as defined below) in accordance with Section 4.2.

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3.1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Granter to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3.1 (the "Conditions Precedent").

3.1.1 Title. Grantee has obtained a preliminary title report dated March 30, 2022, from First American Title Company (the "Title Report"). Grantee acknowledges and agrees that all exceptions are approved by Grantee (the "Approved Exceptions").

3.1.2 Execution of Overhead Electric Easement Deed. Grantor shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit 8 attached hereto (the "Easement Deed") subject only to the Approved Exceptions.

3.1.4 Title Insurance. The Title Company shall be prepared to issue an AL TA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions (the "Title Policy").

3.1.6 No Breach. There shall be no material breach of any of Grantor's representations, warranties, or covenants set forth in Article 5.

3.1. 7 Documentary Deposit. Granter and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.

3.2. Grantee's Remedies.

3.2.1 Conditions Precedent. If 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 question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3.2.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Granter specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten (10) calendar days to cure such failure. If Grantor has not cured such failure within such period (or, SCLA-56598\2322245. I 2
~
if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee's sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing 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.

ARTICLE 4

CLOSING AND ESCROW

4.1. Deposits into Escrow. Grantee has established an escrow (the "Escrow") with First American Title, 1850 Mt. Diablo Blvd., Suite 530, Walnut Creek, CA 94596. Attn.: Roni Sloan Loftin, telephone: (925) 927~2127 (the "Escrow Agent"). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five (5) business days after the Effective Date. Subject to Section 4.2.2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby. Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:

4.1.1 Grantor. Grantor shall deposit the following into Escrow:
(a)
suitable for recordation;
The Overhead Electric Easement Deed, fully executed and (b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor's U.S. taxpayer identification number and that the Grantor is a "United States person" as defined by Internal Revenue Code sections 1445(f)(3) and 7701 (b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.

4.1.2 Grantee. Grantee shall deposit the following into Escrow:
(a) Cash or immediately available funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee's share of closing costs and prorations, as hereinafter set forth; SCLA-56598\2322245, l 3 ~
(b) An executed Certificate of Acceptance; and
(c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.

4.2. Close of Escrow.

4.2.2 Closing of Escrow. When the Conditions Precedent listed in Section 3.1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3.1.4, Escrow Agent shall immediately close Escrow as provided below (the "Closing").

4.2.3 Procedure. Escrow Agent shall close Escrow as follows:

4.2.3.1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.

4.2.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.

4.2.3.3 Pay to Grantor. Pay to Grantor the funds in Escrow equal to the Purchase Price, reduced only by the Grantor's share of closing costs and prorations, as hereinafter set forth in Section 4.2.4 below.

4.2.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee.

4.2.3.5 Closing Statement. Prepare and deliver to Grantee and Grantor one signed copy of the Escrow Agent's closing statement showing all receipts and disbursements of the Escrow.

4.2.4 Closing Costs and Prorations.

4.2.4.1 Closing Costs. Grantee and Grantor shall each pay its own attorney's fees in connection with negotiating this Agreement and closing the Escrow. Grantee shall pay recording costs, if any, Escrow fees, the title insurance premium, and any documentary transfer taxes.

SCLA-56598\2322245. l 4
ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1. Grantor's Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5.1.1 Organization Authority. Berto Development is a California limited partnership, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it 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 instruments referred to herein on behalf of Granter, have the legal power, rights and actual authority to bind Granter to the terms and conditions hereof and thereof;

5.1.2 No Violation of Agreement: Litigation. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, 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 to 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 the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

ARTICLE 6

GENERAL PROVISIONS

6.2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or SCLA-56598\2322245. l 5
modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.

6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6.8. Time. Time is of essence of every provision herein contained in this Agreement.

6.9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6.11 . Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered (with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:

To Grantor:

SCLA-56598\2322245. l
Berto Development
Attention : John Bertolotti
505 Laurelwood Rd.

Santa Clara, CA 95054
Telephone: 408-727-0779
6 To Grantee:

With a copy to:

City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-2210
City of Santa Clara City Attorney's Office
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 shall be deemed received three (3) days after the date of mailing and notices 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.

IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the date(s) set forth below, effective as of the day and year first above written ("Effective Date").

GRANTOR
Berto Development,
a California limited partnership
SCLA-56598\2322245. l

GRANTEE
City of Santa Clara,
a municipal corporation

APPROVED AS TO FORM
c:--" '&;e'.$-9.L:___
7 Office of the City Attorney
City of Santa Clara
DESCRIPTION:

EXHIBIT A
EXHIBIT nAn
OVERHEAD ELECTRIC EASEMENT ACROSS:

BERTO DEVELOPMENT
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-006
EASEMENT AREA: 500 SQ. Fr.±
SVP REF: SC
That portion of the parcel of land conveyed In that certaln Grant Deed recorded September 21, 2017 as Document No, 23758484, In the Office of the RecordElr of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located In the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMME;NCING at a monument located at the centerline Intersection of Shulman Avenue and Memorex Drive; thence North 0°47
1 35
11 East 141.86 feet along the centerline of said
Shulman Avenue (as shown on Page 2 of this Exhibit); thence North 89°12'25 11 West 30.00
feet to the westerly right-of-way of said Shulman Avenue and the northeasterly corner of said Grantor's Parcel; thence South 0°47135
11 West 46.42 feet along said westerly right-of-way to
the POINT OF BEGINNING; thence South 0°47'35
11 West 25.51 feat continuing along said
westerly right-of-way to the beginning of a curve concave northwesterly having a radius of

30.00 feet; thence southwesterly 45.11 feet along said curved right-of-way through a central angle of 86°09'14" to the northerly right-of-way of Memorex Drive; thence South 86°56148" West 12.16 feet along said northerly right-of-way; thence North 63°03'45" East 26.31 feet; thence North 21°43'22" East 47.12 feet to the POINT OF BEGINNING.

CONTAINING: 500 sq. ft., more or less.
1THHIC Al
mmNr~ INC
SCLA-56598\2322245. 1

BERTO DEVELOPMENT
APN: 224-63-006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
8 BY:AGD CHK: GHH APP: JJC
J....S1ucoN
y VALLEY
' POWER. cn:v OF SAHM tl,'IM
SHEET; 1.ol 2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

BERTO DEVELOPMENT
1046 SHULMAN AVE
SANTA CLARA, CALIFORNIA95050
APN: 224-63-006
EASEMENT AREA: 600 Sq. FT. ±
BEATO DEVELOPMli:NT
APNa 224 .. 93 .. ooa
N 63°03'45" E

26.31'
N 89°12'25" W .

30.00' (TIE)
SVP REF: SC
I f
Q,
I
·v--CLMON
· SHULMAN
AVENUE

LEOISNQ
IZZZIZZVd EASEMENT AREA = 600 SQ. FT. :t
- - - ROADWAY PLATTEQ CENTERLINI:!
r---p ---POWERLINE REFERENCE LINE
-$- ~OUND SU.RV!=Y M~NUMENT
THIS OIIAW\NO 8HOUlll ~! UBEO ONLY A8 A REPRESENTATION OFTIIE LQ9,\TION OF THg EAS.EME!«BEINO CONVEYEO, Tllg!,XACT LOCATION OF Al.LITRU0111Rl18, .LINES <\NO APPURTEN,\NOE8 IS 8UBJEOTTO OH,\NGE WITlilN THE 80UNO,\/IIE8 OF THERIC!IITOPWAY Hl;REJN OIWlm>

SALT LAKE CITY, UTAH
SCLA-56598\2322245. l
SCALEr 1" • 40'

BERTO DEVELOPMENT
APN: 224~63-006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
9 B :I\GD dHK; GHH APPi JJC
~SILICON
-..,VALLEY
POWER.
cnv cir SIIHTA ~.LAM
SHEET: 2 012
Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mall to:

Office of the City Clerk
City of Santa Clam
1500 Warburton Avenue
Santa Clara, CA 95050

EXHIBIT B
(SPACE ABOVE THIS LINE FOR RECORDER'S USE!
l!XEMPTFROM RECORDING FEE
PER GOV'T 00D1! §§ 6103 and 27383
EXEMFTFROMPEI!
PER GOV'T 00D1! §27388.1 (a)(2)(D)

OVERHEAD ELECTRIC EASEMENT DEED
1045 Schulman Ave, & APN 224-63-006
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, BERTO DEVELOPMENT, a California limited partnership (herein "Granto1•"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, (herein "Grantee"), an easement and right-of-way (herein "Easement') in, on, over, along and across the real prope1ty owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by th.is reference ("Easement Area").

This Easement shall be used by Grantee for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairin~, removing and/or replacing overhead electrical transmission, distribution and/or communicat1011 systems, and appurtenances thereto, including 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 Grantor, 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.

The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transfonners and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.

Portio11S of the Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees), and parking, as will not 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 determination that such use will not 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 detennination, 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 of20 Feet or poses a risk of falling onto the Grantee's facilities or equipment located within the Easement. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]
Pagel of 2 SC -
224-63-006
SCLA-56598\2322245.1 10
IN WITNESS WHEREOF, said granters have hereunto set their hands this ___ day of ------~20_.

APPROVED FOR FORM:

Office of the City Attorney
City of Santa Clara
By: ____________ _
Print Name: _____________ _
Title: ______________ _
By: ____________ _
Print Name: _____________ _
Title: _______________ _
"OWNER" APN 224-63-006 (2022-04)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE TIIIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORl1Y OF PERSON OR PERSONS EXECUTING TillS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION O'IHER THAN A SOLE PROPRJBTORSHIP SHALL BE ATIACHBD.

ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING nus DOCUMENTONBEHALFOFTHEGRANTOR.

Page 2 of 2 ends

224-63-006
SCLA-56598\2322245. l II

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 tmthfulness,
accuracy, or validity of that document.

State of California
County of _____ _
On ______ before me, _______ (name and title of officer), personally appeared ______ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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.

WITNESS my hand and official seal.

Signature _____ _ (SeaQ
SCLA-56598\2322245. l 12
DESCRIPTION:

EXHIBIT HAIi
OVERHEAD ELECTRIC EASEMENT ACROSS:

BERTO DEVELOPMENT
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
APN; 224-63-006
EASEMENT AREA: 500 SQ. FT. ±
SVP REF: SC __ _
That portion of the parcel of land conveyed in that certain Grant Deed recorded September 21, 2017 as Document No, 23758484, In the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located In the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located at the centerline Intersection c>f Shulman Avenue and Memorex Drive: thence North 0°47'35" East 141.86 feet along the centerline of said Shulman Avenue (as shown on Paga 2 of this Exhibit); thence North 89°12'25" West 30.00 feet to the westerly right-of-way of said Shulman Avenue and the northeasterly corner of said Grantor's Parcel; thence South 0°47
1 35" West 46.42 feet along said westerly right-of-way to the POINT OF BEGINNING; thence South 0°47
1 35" West 25.51 feet continuing alon9 said
westerly right-of "way to the beginning of a curve concave northwesterly having a radius of

30.00 feet; thence southwesterly 45.11 feet along said curved right-of-way through a central angle of 86°0El'14" to the northerly right-of-way of Memorex Drive; thence South 86°56'48'' Wast 12.16 feet alorig said northerly right-of-way; thence North 63°03'45" East 26.31 feet; thence Nqrth 21°43'22" East47.12 feat to the POINT OF BEGINNING.

CONTAINING: 500 sq. ft., more or less.
lncnltAl
NiUIJAUl INt
SCLA-56598\2322245. l

BERTO DEVELOPMENT
APN: 224-63-006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
13 BY:AGD CHK: GHH APP: JJC
~SILICON
.VALLEY
POWER. err, of sANTA ctttRA
SHEET: 1 012
SCA\.E
I
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS;

BERTO DEVELOPMENT
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-006
EASEMENT AREA: 500 SQ. FT. :t
N 89"12'25" W

30.0D' (TIE)

BERTO DEVELOPMENT
APNa 224 .. aa-ooa
./~
S 00°47'35" W

26.51'
N 63°03'45" E

26.31'
S 86°56'48" W

12.16'
"' R:::30.00' L=45.11'
D0 86°09'14"
-
· MEMOREX DRIVE
SVP REF: SC
I f
Q.
(
v--CLMON

SHULMAN
AVENUE
LEGENO
i717/fl1721 EASEMENT AREA "600 SQ. FT, :t
-- - --ROADWAY PLATTED CENTERLINE
1---p---POWl:RLINE .REFERENGE l.lNE
-$- fOUN)) SliRV!=Y MONUMENT
lliJB DIVIWINO SHOULD bl: ua~o ONLY A9 A REPIIE8ENTATIDN Ol'THB ~OC/\llQN OF THE EJ\9.EMSif IIElNll GQN'/l;Yl;D, THE fXAOTLOCIITION"OF AI.L BTRUOYURES, UNE.81\NOAPPU TENANOE8 IS 8UBJEOTTO OHAN~EWl!lilN THEBOUNOAAIES OF lHERIOJITOFW,W HlcREJ!Hl!WfTW SCLA-56598\2322245.1
SOAU:: 1" • 40'

BERTO DEVELOPMENT
APN: 224-63-006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
14 BY: l\qb CHI(: GHH APP: JJ.C
~Sl~ICON
9VALLEY
POWER.

CIT'(9FSA!lJMI.MA
SHEET: 2of2

QEBIIEIGAIE PE ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from Berto Development, a California limited partnership (Grantor) 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. ____ adopted on , 20_, The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-63-006
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
SCLA-56598\2322245.l
Dated: Thls __ dayof ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST: _______ _
15 Office of the City Clerk
City of Santa Clara
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
**This document was electronically submitted
to Santa Clara County for recording**
25429125
Regina Alcomendras
Santa Clara County - Clerk-Recorder
01/25/2023 11 :39 AM
Titles: 1 Pages: 6
Fees: $0.00
Tax: $0.00
Total: $0.00
!SPACE ABOVE THIS LINE FOR RECORDER'S USE]

EXEMPT FROM RECORDING FEE
PER GOV'T CODE§§ 6103 and 27383

EXEMPT FROM FEE
PER GOV'T CODE§ 27388.1 (a)(2)(D)

OVERHEAD ELECTRIC EASEMENT DEED
1045 Schulman Ave, & APN 224-63-006
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, BERTO DEVELOPMENT, a California limited partnership (herein "Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, (herein "Grantee"), an 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 purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including 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 Grantor, 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.

The overhead system will consist of 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. See Exhibit A
Portions of the Easement Area may be used by the Granter for driveway(s), landscaping (excluding trees), and parking, as will not 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 determination that such use will not 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, 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. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

(fl
SC -
224-63-006
DOC #25429125 Page 2 of 6
~ WITNJlSS WHEREOF, said grantors have hereunto set their hands this ~day of ,,. ~~ , 20:kJ/ '-
Office of the City Attorney
City of Santa Clara
By: BERTO DEVELOPMENT,
a California limited partne sh·
T,
a California limited partnership
"OWNER" APN 224-63-006 (2022-11)
✓
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS

EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE A TT ACHED.

ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING TIDS DOCUMENT ON BEHALF OF THE GRANTOR.

Page 2 of 2 ends

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 Cal!fQ_r.nia nc
County of ~a..n+!&- \..'..\~
DOC #25429125 Page 3 of 6
On N DVl?-~~~\t, zr:/2,"L- before me, $l-ls.O>vY"'\""3 Gett:ZD-t Y)o-1-oJ(Ui µ \, c.- (lnsert name and ti le of the o teer)
personally appeared 0p"' n """3 ~\n W
who proved to me on the basis of satisfactory evidence to be the person(\iJ. whose name'1() is/~ subscribed to the within instrument and acknowledged to me that he/s-helthey executed the same in his/~r authorized capacity~), and that by hls/.ber/tbeir signature'($.) on the Instrument the person~. or the entity upon behalf of which the persones.) 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.

WITNESS my hand and official seal.

SUSAN J. GARZA
Notary Public • California ~
Santa Clara County !:

Commission It 2414718
,., My Comm. Expires O<:t 1, 2026
(Seal)
DOC #25429125 Page 4 of 6
DESCRIPTION:

EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

BERTO DEVELOPMENT
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
APN: 224-63-006
EASEMENT AREA: 500 SQ. FT. ±
SVP REF: SC_-_
That portion of the parcel of land conveyed in that certain Grant Deed recorded September 21, 2017 as Document No. 23758484, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located at the centerline intersection of Shulman Avenue and Memorex Drive; thence North 0°47'35
11 East 141.86 feet along the centerline of said
Shulman Avenue (as shown on Page 2 of this Exhibit); thence North 89°12 1 25
11 West 30.00
feet to the westerly right-of-way of said Shulman Avenue and the northeasterly corner of said Grantor's Parcel; thence South 0°47'35
11 West 46.42 feet along said westerly right-of-way to
the POINT OF BEGINNING; thence South 0°47'35" West 25.51 feet continuing along said westerly right-of-way to the beginning of a curve concave northwesterly having a radius of

30.00 feet; thence southwesterly 45.11 feet along said curved right-of-way through a central angle of 86°09
1 14" to the northerly right-of-way of Memorex Drive; thence South 86°56 1 48"
West 12.16 feet along said northerly right-of-way; thence North 63°03'45 11 East 26.31 feet;
thence North 21 ° 43'22
11 East 4 7 .12 feet to the POINT OF BEGINNING.

CONTAINING: 500 sq. ft., more or less.

REV: 0 DATE: 4-12-22
~ //1/Jh DJtlllotJM•
lllClRICAl
COUUl TAM Ti INt

SALT LAKE CITY, UTAH

BERTO DEVELOPMENT
APN: 224-63~006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
~SILICON
.VALLEY
. POWER.

CITY OF SA~TA Cl.ARA
SHEET: 1 of2
DOC #25429125 Page 5 of 6

SCALE FEET
0 20' 40'
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

BERTO DEVELOPMENT
1045 SHULMAN AVE
SANTA CLARA 1 CALIFORNIA 95050
APN: 224-63-006
EASEMENT AREA: 500 SQ. FT.±
N 89°12'2511 W

30.00' (TIE)

BERTO DEVELOPMENT
APNa 224•83•00&
,/''?
N 63°03'45" E

26.31'
s 86°66
1 48
11 w

12.16'
'?
/ R=30.00' L=45.11'
_/ _ D=86°09'14"
- ---~~~ - -

MEMOREX DRIVE
SVP REF: SC __ _
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m Ill
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LEGEND

SHULMAN AVENUE

MEMOREX DRIVE
VZZIZZ272t EASEMENT AREA = 500 SQ. FT. :1:
- ROADWAY PLATTED CENTERLINE
t p POWERLINE REFERENCE LINE
1-- FOUND SURVEY MONUMENT
THIS DRAWING SHOULD 13E USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED, THE EXACT LOOA'flON OF ALL STRUCTURES, LINES AND APPURTENANCES IS SU13JECT TO CHANGE Wl"THIN THE aoUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 4-12-22
~ 1111111 D.IIUtctlcn"
flfClRICAl
CONIUl UNU INt

SALT LAKE CITY, UTAH
SCALE: 1" = 40'

BERTO DEVELOPMENT
APN: 224-63-006
1045 SHULMAN AVE
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
:ii... SILICON
.VALLEY
POWER.

CITY OP SAll1TA Cl.ARA
SHEET: 2of2
City of
Santa Clara
The Center of What's Possible CERTIFICATE OF ACCEPTANCE DOC #25429125 Page 6 of 6
Office of the City Clerk
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the ~of tJov~loa,- 20 22, from Berto Development, a California limited partnership (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-·C'f tlCf adopted on _3......._...,.d"---1--)u'-'I--___ Q, 20~ The City, as Grantee, consents to recordation by its duly JI
authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-63-006
Office of the City Attorney
City of Santa Clara
Dated: This l~day of &jl,{5~ 20'2..2..

Santa Clar
ATTEST:~
Office of the City Clerk
City of Santa Clara
1500 Wai·burton Avenue • Sant a Clara, CA 95050 • Phone: ( 408) 6:!'.5:2220 • Fax: ( 408) 241-6771 • www.santaclaraca.gov

AGREEMENT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") is made and entered into as of Av.91A .s+- 1 7~ , 202.Z-(the "Effective Date") by and between CITY OF SANTA CLARA ("Grantee" or "City") and Felix A. Panis and Remelita S. Panis, Husband and Wife, as Joint Tenants ("Granter) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

WHEREAS, Grantee wishes to acquire from Granter, and Granter wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A (the "Easement") for the Project upon the terms and conditions set forth herein.

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. Granter is the fee owner of certain real property commonly known as: 2206 Lafayette Street, APN: 224-67-042 located in the City of Santa Clara, California over which the Easement will cross.

1.2. Sale and Conveyance. Granter shall sell to Grantee and Grantee shall purchase from Granter, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.

ARTICLE 2

PURCHASE PRICE

2.1 . Purchase Price. The purchase price ("Purchase Price") for the Easement shall be Twenty Five Thousand and no/100 Dollars ($25,000.00).

SCLA-56598\2322245. l

2.2. Payment of Purchase Price. The purchase price shall be payable all in cash upon close of Escrow (as defined below) in accordance with Section 4.2.

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3.1.1 Title. Grantee has obtained a preliminary title report dated March 10th, 2022, from First American Title Company (the "Title Report"). Grantee acknowledges and agrees that all exceptions are approved by Grantee (the "Approved Exceptions").

3.1.2 Execution of Overhead Electric Easement Deed. Granter shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit B attached hereto (the "Easement Deed") subject only to the Approved Exceptions.

3.1.4 Title Insurance. The Title Company shall be prepared to issue an AL TA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions (the "Title Policy").

3.1.6 No Breach. There shall be no material breach of any of Grantor's representations, warranties, or covenants set forth in Article 5.

3.1.7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.

3.2. Grantee's Remedies.

3.2.1 Conditions Precedent. If 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 question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3.2.2 Default. If Granter fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Granter specifically setting forth the nature of said failure and stating that Granter shall have a period of ten (10) calendar days to cure such failure. If Grantor has not cured such failure within such period ( or, SCLA-56598\2322245.1 2
if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee's sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing herein shall be deemed a waiver by Granter of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.

ARTICLE 4

CLOSING AND ESCROW

4.1.1 Grantor. Granter shall deposit the following into Escrow:
(a)
suitable for recordation;
The Overhead Electric Easement Deed, fully executed and (b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor's U.S. taxpayer identification number and that the Granter is a "United States person" as defined by Internal Revenue Code sections 1445(f)(3) and 7701(b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.

4.1.2 Grantee. Grantee shall deposit the following into Escrow:
(a) Cash or immediately available funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee's share of closing costs and prorations, as hereinafter set forth; SCLA-56598\2322245.1 3
(b) An executed Certificate of Acceptance; and
(c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.

4.2. Close of Escrow.

4.2.2 Closing of Escrow. When the Conditions Precedent listed in Section 3.1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3.1.4, Escrow Agent shall immediately close Escrow as provided below (the "Closing").

4.2.3 Procedure. Escrow Agent shall close Escrow as follows:

4.2.3.1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.

4.2.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.

4.2.3.3 Pay to Grantor. Pay to Granter the funds in Escrow equal to the Purchase Price, reduced only by the Grantor's share of closing costs and prorations, as hereinafter set forth in Section 4.2.4 below.

4.2.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee.

4.2.3.5 Closing Statement. Prepare and deliver to Grantee and Granter one signed copy of the Escrow Agent's closing statement showing all receipts and disbursements of the Escrow.

4.2.4 Closing Costs and Prorations.

SCLA-56598\2322245. J 4
ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1. Grantor's Representations and Warranties. Granter represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5.1.1 Organization Authority. Felix A. Panis and Remelita S. Panis, Husband and Wife, as Joint Tenants, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Granter. The individuals executing this Agreement and the instruments referred to herein on behalf of Granter, have the legal power, rights and actual authority to bind Granter to the terms and conditions hereof and thereof;

5.1.2 No Violation of Agreement: Litigation. Neither the execution, delivery or performance of this Agreement by Granter will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Granter or the Easement is bound. Granter has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor's interest therein;

5.1.3 Compliance with Laws. Granter has received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to 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 Granter Not a Foreign Person. Granter is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

ARTICLE 6

GENERAL PROVISIONS

6.1. Approval of City Council. Granter and Grantee recognize that as of the execution of this Agreement by Granter, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council's approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6.2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or SCLA-56598\2322245.1 5
modification of any term or provision shall be effective unless set forth in writing and signed by both Granter and Grantee.

6.4. Brokers' Fees. Granter and Grantee each represent and warrant to the other that, there are no brokers' fees or finders' fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys' and experts' fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder's fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.

6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6.8. Time. Time is of essence of every provision herein contained in this Agreement.

6.9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6.10. Survival. The terms, covenants and conditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement the delivery of the Grant Deed, and transfer of title.

To Granter:

SCLA-56598\2322245. l
Felix A. Panis
Remelita S. Panis
2428 Glen Fox Ct.

Santa Jose, CA 95148
Telephone: 408-727-2697
6 To Grantee:

With a copy to:

City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-221 O
City of Santa Clara City Attorney's Office
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; notice's which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three (3) days after the date of mailing and notices 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.

IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the date(s) set forth below, effective as of the day and year first above written ("Effective Date").

GRANTOR
Felix A. Panis and Remelita S. Panis,
Husband and Wife, as Joint Tenants
Title: .....;;;.GV-=--"-(JU)_ ip_ d(_---'=-----
Date: ~6)~~4 /4~u-q../-..E-Q~;:i=-----
SCLA-56598\2322245. l 7

GRANTEE
City of Santa Clara,
a municipal corporation

APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
DESCRIPTION:

EXHIBIT A
EXHIBIT "A
11 OVERHEAD ELECTRIC EASEMENT ACROSS:

FELIXA. PANIS AND REMELITA S. PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALlrORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT. ±
SVP REF: SC___:_
That portion of the parcel of land conveyed In that certain Grant Deed recorded July 24, 1992 as Document No. 11466859, in the Office of the Recorder of Santa Clara County (ORS CC), herein after referred to as the Grantor's Parcel, located In the City of Santa C[ara; County of Santa Clara, described as follows:

COMMENCING at a monument located In the centerline of DI Glullo Avenue (as shown on

Page 2 ends

North 15°50'07" West 28.39 feet to the curved westerly right-of-way of Lafayette Street and the POINT OF BEGINNING; the.nee North 09°25'07
11 West 61. 79 feet to the northerly line of
said Grantor's Parcel; thence North 76°25'22" East 5.75 feet along said northerly line to the westerly right-of-way of Lafayette Street; thence South 15°51 '04 11 East 42.56 feet along said
right-of-way to the beginning of a curve concave northwesterly having a radius of 20 feet; thence southwesterly 23.91 feet along said curved right-of-way through a central angle of 68°30
1 18" to the POINT OF BEGINNING.

Containing 500 sq. ft., more or less.
llHUltAl comuun m
SALT LAKE CITY, UT~H
SCLA-56598\2322245. l
SOALE:NIA
FELIX A. PANIS AND REM ELITA S .. PANIS
APN: 224-67-042
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
8 BY:AGD CHK: GHH APP: JJC
~SILICON
?VALLEY
POWER.

CITV OF 5ANTA CLAP.A

8.HEEl: 1 of2
EXHIBIT .. A ..

OVl=RHEAD ELECTRIC EASEMENT ACROSS:

FELIX A. PANIS AND REMELITA S, PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT. :I:

IPOO®,l)~@'il' o.@, 'ii®
IXlll/lW 'Ii'. 'il'. 111lWl11ll9(1lllil
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PROJECT I.D. 15
Fl!!LIX A• PA~iS .AND
REMELITA S. PANIS
JUaN: 224•87•04.2
\
Q..

SVPREF: SC
\
~
' ~\
\
\
LEGEND
tllllZ7Z72I EASl"iMENT AREA "600 SQ, Fr, ;I:
-- - --ROADWAY PLATTED CENTERLINB
---p ---POWERLINE REFERENCE LINE
♦ FOUND SURVEY MONU~ENT
THIS OMWINO 6HOULO BE USEO ONLY AB A REPRESE.NTA'l1~ OF.TH~ LOOA'l10N OF THE eA.SEMEITTBEINO CONVEVS!, TttE E.XA0T LOCATION OF AI.L8TRUCTIJR1;8, UNESANDAPPURTm,INCfS 19 SUBJECTTO CHANGE WITttlN. 'TH& QOUNDAAIE.BOFTiiE RIOlfTOFWAYHEllElNOIWHED UCfRICAl
UUlTANI' INt
SCLA-56598\2322245. I
SCALE: 1"" 30'
FELIX A. PANIS AND REMELITA S. PANIS
APN: 224-67-042
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
9 ~Y:AGD CHK: C3HH APP: :JJC
._s,ucoN

TVALLEY
. POWER.

CITY OF IANTA<lAAA
.SHE.Ei: 2 of2
Recording Re9uested by:

Office of the City Attorney
City of Santa Clam, California
When Retorded, Mall to:

Office of the City Clerk
City of Santa Clam
1500 Warburton Avenue
Santa Clam, CA 95050

EXHIBIT B
[SPACE ABOVE TIDS LINE FOR RECORDER'S USE]
l!l{l!Ml'l' FROM Rl!CORDmo Pl!l!
PER OOV'TCODE §§6103 and27383
l!Xl!MPTPROM Fl!!!
PER OOV'TCODB § 27388.1 (a)(2)(D)

OVERHEAD ELECTRIC EASEMENT DEED
2206 Lafayette Street & APN 224-67-042
Santa Clara, California
For valuable consideration, 1he receipt of which is hereby acknowledged, Felix A. Panis and Remelita S. Panis, Husband aml Wife, as Joint Tenants (herein "Grantor"), hereby grants to 1he CITY OF SANT A CLARA, California, a chartered municipal corporation, (herein "Grantee"), an easement and right-of-way (herein "Easement") in, on, over, along and across the real property owned by Grantor in 1he 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 purpose of constructing and reconstructing, installing, operating, ins~ecting, maintaining, repairing, removing at1d/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including 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 Grantor, 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.

The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transfom1ers and oilier equipment mounted on the poles, anchors, guy attachments, and other appurtenances.

Portions of 1he Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the Grantee's use of1he 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 determination that such use will not 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 detennination, 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 1he Easement. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

224-67-042
SCLA-56598\2322245. I 10
IN WI'INESS WHEREOF, said grantors have hereunto set their hands this ___ day of _______ __,20_.

APPROVED FOR FORM:

Office ofthe City Attorney
City of Santa Clara
By: ____________ _
Felix A. Panis
By: ____________ _
Remelita S. Panis
"OWNER" APN 224-67-042 (2021-11)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE TIIIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR TilE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS

EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE ATTACHHD.

ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING nus DOCUMENT ON BEHALF OF THE GRANTOR.

Page 2 of 2 ends

SCLA-56598\2322245. I II
SC
224-67-042

State of California
County of _____ _
On ______ before me, _______ (name and title of officer), personally appeared _______ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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.

WITNESS my hand and official seal.

Signature _____ _ (Sea0
SCLA-56598\2322245.1 12
OESCRIPTION:

EXHIBIT "A"
OVERHEAD ELECTRI.C EASEMENT ACROSS:

FELIXA. PANIS AND REMELITA S. PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT. ±
SVPREF: SC
That portion of the parcel of land conveyed In that certain Grant Deed recorded July 24, 1992 as Document No, 11466859, in the Office of the Recorder of Santa Clara County (OR,SCC), herein after referred to as the Grantor's Parcel, located In the City of Santa Clara, County of Santa Clara, described as follows:

COMMENCING at a monument located In the centerllne of bl Giulio Avenue (as shown on

Page 2 ends

North 1.5°50'07" West 28.39 feet to the curved westerly right-of-way of Lafay<=tte Street and the POINT OF BEGINNING; thence North 09°25'07" West 61.79 feet to the northerly llne of said Grantor's Parcel; thence North 76°25'22
11 East 5.75 feet along said northerly llne to the
westerly right-of-way of Lafayette Street; thence South 15°51 '04" East 42.56 feet along said right-of-way to the beginning of a curve concave northwesterly having a radius of 20 feet; thence southwesterly 23.91 feet along said curved right-of.:way through a central angle of 68°30'18
11 to the POINT OF BEGINNING.

Containing 500 sq, ft., more or less.
lHHIOl
NlUlTANH IN~
SCLA-56598\232224S. l
SCALE: NIA
FELIX A PANIS AND REMEL.ITA S. PANIS
APN: 224~67-042
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
13 BY:AGP CHK: GH APP: JJC
:A_SILICON
. VALLEY
POWER.
(ITV o, 5AttTA CLARA
SHEET: 10(2

EXHIBIT
0 A
0 OVERHEAD ELECTRIC EASEMENT ACROSS:

FELIX A. PANIS AND REMELITA $. PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT.±
[plti\[email protected]©'ii' D,IID, 'ii ti
ll!ll!IJW'il','if, ll!IW\!IJW(llllil
'il'll'\lll~CI
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PROJECT I.D. 1 5
FELIX A,. PANIS AND
REMELITA S. PANIS
APN= 224•8'7•042
\
0-
SVP REF: SC
\
R0 20,00' L=23.91'
CH=S18'24'06"W 22.51'
LEGEND
r27Z/ZZV21 EASEMENT AREA "600 SQ, FT. ;1:
-- - --ROADWAY PLATTED CENTERLINE
1---P---POWERLINE REFERENCE LINE
-♦ FOUND SURVEY MONU.MENT
THIS PRAWINO SHOULD PE UBEOONLY NJ A REPRESENTATION OF )'HE LOOA110N OF'JHE eASENE/ITBelNO CQIMaYE\J, THE EXACTLOOATION OFAI.I. S'l'RUCTIJRE.'1, 'LINES ANDAPPURlcNANC~B 18 8U8JEOT TO OHAN/lo Wlllim llia SOUN_ciARIEB OPlll! f RIOHTOFW/\Y HE!llolll lllWlTEP . .

REV: 0 DAiE: 3-23-22 SCALE: 1'"' 30' BY:AGD CHI(: GHH AF'P: JJC FELIX A PANIS AND REMELITA S. PANIS a§ILICON
~ l ~ c r RI t Al APN: 2:M-67-042 .., VALLEY
COWIUITHJL INt 2206 LAFAYETTE STREET citVfr:~~~-
sALT I.AKE CITY, UTAH SANTA CLARA, CALIFORNIA 95050
SHeET: 2 cf 2
SCLA-56598\2322245. l 14
QEBIJflCATE PE ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from Felix A. Panis and R.emelita S.

Panis, Husband and Wife, as Joint Tenants (Grantor) 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, Resoll,\tion No. ___ _ adopted on ______ _ , 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-67-042
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
SCLA-56598\2322245. l
Dated: This __ day of ___ _, 20_
Office of the City Manager
City of Santa Clara
ATTEST: _______ _
15 Office of the City Clerk
City of Santa Clara
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
;
**This document was electronically submitted
to Santa Clara County for recording**
25428568
Regina Alcomendras
Santa Clara County - Clerk-Recorder
01/24/2023 09:22 AM
Titles: 1 Pages: 7
Fees: $0.00
Tax: $0.00
Total: $0.00
[SPACE ABOVE TIDS LINE FOR RECORDER'S USE]

EXEMPT FROM RECORDING FEE
PER OOV'T CODE§§ 6103 and 27383
EXEMPT FROM !'EE
PER GOV"!' CODE§ 27388.1 (a)(2)(D)

OVERHEAD ELECTRIC EASEMENT DEED
2206 Lafayette Street & APN 224-67-042
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Felix A. Panis and Remelita S. Panis, Husband and Wife, as Joint Tenants (herein "Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, (herein "Grantee"), an 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 purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including 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 Grantor, 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 Granter's property.

Portions of the Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees), and parking, as will not 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 detennination that such use will not 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, 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. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

224-67-042
DOC #25428568 Page 2 of 7
IN WITNESS WHEREOF, said grantors have hereunto set their hands this c, I day of 1) e. (e_(/vl Yr , 20 'l.. 2-:-
~~
Office of the City Attorney
City of Santa Clara
~{J.~
Felix A. Panis
By,~zl,g:

R 11· S P / eme 1ta . an1s
"OWNER" APN 224-67-042 (2022-11)
AI.L LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS

EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE A TT ACHED.

ATTACH THE ALL-PURI»OSE NOTARY ACKNOWLEDGMENT FORM J?OR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALI? OF THE GRANTOR.

Page 2 of 2 ends

224-67-042

State of California
County of Scurt11 cl11.r,._
DOC #25428568 Page 3 of 7
(j'"\ ')..O'l.'2... 11\"' I~~\ S,birl_'{n,,r~ k.VI• fVot4'tJfJ/H, On J.,,Jet:e. rt~~, Ol before me, 1 Yfl/ttctP ' (name and title of officer), personally appeared 'fe h /. · A· f"-".S , 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.

WITNESS my hand and official seal.
rw:"' Signature- .... ~----- (Seal)

State of California
County of SCLd-z«..tkr-
DOC #25428568 Page 4 of 7
1'. 2...at-t.... 1'.f,. " l' ,.S..~~r"rit "-~, Nvr1-8 f.SIR.

On J~ce.'1.!:>N O/' before me, ''i.t'l./lqll) · (name and title of officer), personally appeared fame.h~a ~- fb:11 i5, 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.

WITNESS my hand and official seal.
~~ Signature_ ..... ~....._ ___ _ (Seal)
DOC #25428568 Page 5 of 7
DESCRIPTION:

EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

FELIX A. PANIS AND REMELITA S. PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT. ±
SVP REF: SC _-_
That portion of the parcel of land conveyed in that certain Grant Deed recorded July 24, 1992 as Document No. 11466859, in the Office of the Recorder of Santa Clara County (ORSCC}, herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, described as follows:

COMMENCING at a monument located in the centerline of Di Giulio Avenue (as shown on

Page 2 ends

North 15°50'07" West 28.39 feet to the curved westerly right-of-way of Lafayette Street and the POINT OF BEGINNING; thence North 09°25'07" West 61.79 feet to the northerly line of said Grantor's Parcel; thence North 76°25'22" East 5. 75 feet along said northerly line to the westerly right-of-way of Lafayette Street; thence South 15°51'04 11 East 42.56 feet along said
right-of-way to the beginning of a curve concave northwesterly having a radius of 20 feet; thence southwesterly 23.91 feet along said curved right-of-way through a central angle of 68°30'18
11 to the POINT OF BEGINNING.

Containing 500 sq. ft., more or less.

REV: 0 DATE: 3-23-22
~ r,111, DJ./JuJUtJn"
acl~ClilCAl
COUUl T ANU INt

SALT LAKE CITY, UTAH
SCALE:N/A
FELIX A. PANIS AND REMELITA S. PANIS
APN: 224-67-042
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
:ii..SILICON
.VALLEY
POWER.

CITY OP SANTA C:lARA
SHEET: 1 of2
DOC #25428568 Page 6 of 7
EXHIBIT "A"
SVP REF: SC
OVERHEAD ELECTRIC EASEMENT ACROSS:

SCALE FEET
FELIX A. PANIS AND REMELITA S. PANIS
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-042
EASEMENT AREA: 500 SQ. FT.± 0 15' 30'
lf)[ii!(ii)J)~@'jj' llo@a iJ ®
!MltIDW 'ii'.,'IT'a lm®IYIW@rm
'IT'll'IYl®U
£[¥lrnJg ~~l!{lo@'Qo@~
PROJECT I.D. 1 &
FELIX A. PANIS AND
REMELITA S. PANIS
APN1 224•87•042

0..

0..
\
\
~
~CLMON

DI GIULIO AVE

AVILAAVE
LEGEND
V227Zd //1 EASEMENT AREA = 600 SQ. FT. :1:
- ROADWAY PLATTED CENTERLINE
p POWERLINE REFERENCE LINE
-$- FOUND SURVEY MONUMENT
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACTLOCATlON OF ALL S'fRIJCTURES, LINES AND APPUR'fENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 3-23-22
~ttllJ,-•
flfClllCAl
COUUlTANU INt

SALT LAKE CITY, UTAH
SCALE; 1" = 30'
FELIX A. PANIS AND REMELITA S. PANlS
APN: 224-67-042
2206 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
~SILICON
.VALLEY
POWER.

CtlY OF SANTA CLARA
SHEET: 2of2
City of
Santa Clara
The Center of What's Possible CERTIFICATE OF ACCEPTANCE DOC #25428568 Page 7 of 7
Office of the City Clerk
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the / ~ of 0&::~kt:: 20,1,t.__, from Felix A. Panis and Remelita S.

Panis, Husband and Wife, as Joint Tenants (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 I
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. :2:l-'l I l9 adopted on ~ l.;l., 20 22 The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224-67-042
APPROVED AS TO FORM:
-=~ ,: u..___r
Office of the City Attorney
City of Santa Clara
Dated: This ..!.!_ day of tfo/JM.5.t , 201,,2
r/£0 ~ ~ '
o--:the City M~,
City of Santa Clara
ATTEST:~
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue • Santa Clara, CA 95050 • Phone: ( 408) 615-2220 • Fax: ( 408) 241-6771 • www.santaclaraca.gov

City Council and Authorities ConcurrentJuly 12, 2022

City Council and Authorities Concurrent
July 12, 2022