RESOLUTION NO. 22-9144
RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
APPROVING PURCHASE OF AN OVERHEAD ELECTRIC
EASEMENT
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara, a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power ("City" or "SVP") is 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 data centers or industrial developments within the vicinity; and 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; and
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, consistent with City Council authority the City negotiated easements with owners of certain parcels required to construct the Project and the City has reached an agreement with a property owner to purchase an easement necessary for the Project, upon the terms set forth below.
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Resolution/Approving Purchase of Overhead Electric Easements Rev: 11 /22/17
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the purchase of the easement from the following property owner for the negotiated purchase price is approved.
Address Grantors APN Purchase Price
1040 Di Giulio Avenue Jon P. Anderson 224-05-093 $52,000
2. That the City Manager, or his duly authorized designee, is hereby authorized and directed to execute an Agreement for Purchase and Sale Agreement (Utility Easement) with the foregoing Granter, which is attached to the Report to Council accompanying this Resolution and presented to the City Council on October 4, 2022, in a form substantially the same as the Agreement for Purchase and Sale Agreements (Utility Easement), attached hereto as Attachment A and incorporated herein by this reference.
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Resolution/Approving Purchase of Overhead Electric Easements Rev: 11 /22/17
3. The City Manager is authorized, on behalf of the City of Santa Clara, to accept the utility easement deeds and any real property interests to be conveyed to the City of Santa Clara in substantially the form contained in Attachment A.
4. Effective date. This resolution shall become effective immediately.
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 4TH DAY OF OCTOBER, 2022, BY THE FOLLOWING VOTE :
AYES: COUNCILORS:
NOES: COUNCILORS :
ABSENT: COUNCILORS :
ABSTAINED: COUNCILORS :
Attachments incorporated by reference:
1. RTC 22-1185
Becker, Chahal, Hardy, Jain, Park, Watanabe,
and Mayor Gillmor
None
None
None
ATTEST: ~~~~~~)__l_ __ _
NORA PIMENTEL, MC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
2. Agreement for Purchase and Sale - 1040 Di Giulio Avenue [224-05-093] Resolution/Approving Purchase of Overhead Electric Easements Rev: 11 /22/17
22-1185
REPORT TO COUNCIL
SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca .gov
@SantaClaraCity
Agenda Date: 10/4/2022
Action on a Resolution Approving a Purchase and Sale Agreement for an Easement 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 potential 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 several 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 .
• July 12, 2022 : Counc il took three actions:
o Adopted a Resolution approving the purchases of overhead electric easements at 2380 Lafayette Street [224-63-020], 1045 Shulman Avenue [224-63-006], and 2206 Lafayette Street [224-67-042]; and
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson; and City of Santa Clara Page 1 of 3 Printed on 10/6/2022
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22-1185 Agenda Date: 10/4/2022
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW, LLC. • September 12, 2022 - Adopted the Resolution approving the purchases of overhead electric easements at 2191 Ronald Street [224-63-023], 2122 Ronald Street [224-66-003], and 2265 Lafayette Street [224-03-080].
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 an easement from the following property owner of a certain parcel necessary for the Project, upon the terms set forth below. ~ddress Granters APN Purchase Price
1040 Di Giulio Avenue Jon P. Anderson 224-05-093 $52,000
ENVIRONMENTAL REVIEW
The potential impacts to the Project were analyzed in the Final Environmental Impact report for the Memorex Data Center Project , which was adopted by the City Council on November 9, 2021, (Resolution No. 21-9017).
FISCAL IMPACT
The total cost of the easement purchase is $52,000 and the funding is available in the Memorex Junction Substation Project, budgeted in the Electric Utility Capital Fund. 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 [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 purchase of an overhead electric easement at 1040 Di Giulio Avenue [224-05-093] and authorize the City Manager to execute the related Purchase and Sale Agreement and accept associated easement deed; and
2. Authorize the easement deed to be recorded in the Office of the County Clerk-Recorder of the City of Santa Clara Page 2 of 3 Printed on 10/6/2022
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22-1185
County of Santa Clara.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Resolution
2. Agreement for Purchase and Sale - 1040 Di Giulio Avenue [224-05-093] City of Santa Clara Page 3 of 3
Agenda Date: 10/4/2022
Printed on 10/6/2022
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AGREEMENTFORPURCHASEANDSALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") is made and entered into as of Ocnher · 1,.1 __ , 20l ~ the "Effective Date") by and between CITY OF SANTA CLARA ("Grantee" or "City") and Jon P. Anderson, as Trustee of the Jon P. Anderson Revocable Living Trust, dated September 11, 1984 ("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 1040 Di Giulio.Ave. APN: 224-05-093 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 Fifty Two Thousand and no/100 Dollars ($52,000.00) .
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. 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 July 1st, 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 8 attached hereto (the "Easement Deed") subject only to the Approved Exceptions.
3.1.3 Deposit of Grant Deed. Granter 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 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").
3.1.5 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. 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 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 Granter 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 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 foregoin·g 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, 1737 North First Street, Suite 110, San Jose, CA 95112. Attn.: Luisa Sosa, telephone: (408) 487-5055 (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 tlie 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 Granter (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 Granter 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 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 neg9tiating 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. Jon P. Anderson Revocable Living Trust, dated September 11, 1984 is a trust, 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 ~o 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 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
6.1. Approval of City Council. Grantor 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-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.
6.4. 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\2322245.1
Jon P. Anderson, Trustee
Attention: Jon P. Anderson
18951 Bear Creek Rd.
Los Gatos, CA 95033
· Telephone: 408-640-1008
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 0
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
Jon P. Anderson, as Trustee
of the Jon P. Anderson Revocable
Living Trust, dated September 11, 1984
GRANTEE
City of Santa Clara,
a municipal corporation
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SCLA-56598\2322245.1 7
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS.:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT.±
SVP REF: SC
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded October 11, 2018 as Document No. 24040668, 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 in the centerline of Di Giulio Avenue (as shown on
Di Giulio Avenue; thence South 0°42'49" West 30.00 feet to the southerly right-of-way of said DI Gtullo Avenue at the northwesterly corner of said Grantor's Parcel and the POINT OF BEGINNING; thence South 89° 17'11" East 93.55 feet continuing along said southerly right-of-way to the beginning of a curve concave no1iheasterly having a radius of 450 .00 feet; thence northerly 66.65 feet along said curved right-of-way through a central angle of 8°29'09"; thence South 78°08'23" West 78.05 feet; thence South 88°56 1 32" West 83.81 feet
to the westerly line of said Grantor's Parcel; thence North 0°42'39" East 14.66 feet along said westerly line to the POINT OF BEGINNING .
CONTAINING: 1,500 sq. ft., more or less.
mmumm
SALT I-AKE CITY, UTAH
SCLA-56598\2322245. l
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05-093
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA95050
8 BY:AGD CHK: GHH APP: JJC
i\..._SILICON
y VALLEY
POWER.
CflY Of SAIITA Cl.ARA
SHEET: 1 of2
EXHIBIT "A"
SVP REF: SC
SCAlE
I
0 OVERHEAD ELECTRIC EASEMENT ACROSS:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
LEGEND
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT. ±
s 78°08'23" w
78.05'
JON P. ANDERSON
REVOCA _BLE LMNGI
TRUST
APNa 224-05-093
t/ZT/7fl721 EASEMENT AREA "1,500 SQ. FT.±
-- - --ROADWAY PLATTED CENTERLINE
---p ---POWERLINE REFERENCE LINE
4 FOUND SURVEY MONUMENT
THIS DRAWING SHOUW BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEJ~ENT PEING CONVEYED. THEEXACTLOCATION OF ALL STRUCTURES, LINES AND APPURTENANOES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OFTll~ RIGHT OF WAY HEREIN GFW/T1'll ~ncnltAl comuua INt
SALT lAKE CITY, UTAH
SCLA-56598\2322245. l
SCALE: 1"" 80'
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05-093
1040 DI GIULIO STREU
SANTA CLARA, CALIFORNIA 95050
9 BY: AGO CHK: GHH APP: JJC
A,_SILICON
.VALLEY
POWER.
<JTY OF SANTA CLARA
SHEET: 2 of2
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Reco.-dcd, Mall tQ:
Office of the City Clerk
City of Santa Clam
1500 Warburton Avenue
Santa Clam, CA 95050
EXHIBIT B
!SPACEADO'V:E 'l'Hlll LINE l'OR RECORDER'S USE)
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OVERHEAD ELECTRIC EASEMENT DEED
1040 Di Giulio Avenue & APN 224-05-093
Santa Clarn, California
For valuable consideration, the receipt of which is hereby acknowledged, Jou P. Audel'son, as Trustee of the ,Jon P. Anderson Revocable Living Trust, dated September 11, 1984 (herein "Grantor"), hereby grants to the CITY OF SANT A CLARA, Califomia, a chattered municipal corporati911, (herein "Grantee"), ru1 easement and right-of-way (herein "Easement") in, on, over, along and across the real properly owned by Granter in the City of Santa Clara, State of Califomia, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area").
This Easement shall be used by Grantee for the pmpose of constructing and reconstrncting, installing. operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or c9mmunication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grat1tor. hi exercising said right of ingress and egress, Grru1tee shall, wherever practical, use existing roads and lanes across land$ ofGrantor, if such there be, and if not, by such route or routes as shall result in the 1e!l$t practicable inconvenience to Grantor and any occupanu; of Grantor's property.
TI1e 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. ·
Poitions of the Easement Area may be used by the Grnntor 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 specificatfons and determination that suoh use will not interfere with its use of the Easement. Grantee may trim a,ny trees or remove any tree or stmcture which is in or adjacent to the Easement Area which, h1 its reasonable determi11ation, interferes with its use of the Ei!Sement. Grantee may trim any trees or remove ru1y tree which is in or adjacent to the Easement Area which exceeds a l1eight of20 Feet or poses a risk of falling onto the Grantee's facilities or equipment located within the Easement.
SCLA-56598\2322245.1
[SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]
224-05-093
IN WITNESS WHEREOF, said granters have hereunto set their hands this ___ day of -------~20_.
APPROVED FOR FORM:
Office of the City Attomey
City of Santa Clara
By: Jon P. Ahderson, as Trustee of the Jon P.
Anderson Revocable Living Trnst, dated
September 11, 1984
Jon P. Anderson
Tmstee
Date
"OWNER" Al'N 224-05-093 (2022-04)
ALI, LEGAT, OWNF.R§ OF PROPERTY MOST F.XECUTE Tms ])OCClMltNT. If' 011.ANTOR IS /\ CORP01\./\'l10N, 'nil! COMl'LfiTB Ll!0/\1, Nl\Mll AND CORPORA'f6 srw. 011 ·mn CO)ll'OM'llON AND CORPOl1./\T6 'ITfl,llS 01' TI·Je l'llRSONS SIGNING l'OR 1llfl C0Rl'ORA110N SHALL APPllAR A!JOVE. WRITTEN llVJDllNCll Oil AU'mOIU'l'Y 01' PERSON OR Pllt1.SONS BXllCU'11NO 'llllS OOCUMENT ON llBHAJ..F O)'I CORPORA1'!0N, PARTNBRSHIP, OR JOINT VBN1'URll, OR ANY OTHER ORGANIZATION 01HllR. TI:lAN ASOLEPROPRJETORSHIP SHALLBEAITACHED. /\TT/\Cfi THE /\Llrl'UR.POSE NOTARY /\CKNOWl,ill)GMKNT FORM FOR THE PERSON Oil. PERSONS EXECtJTING TRlll DOCUMENTONBEHALFOFTHECRANTOR.
2?.4-0S-093
SCLA-56598\2322245.1 11
CALIFORNIA NorARY AOKNOWLEDGMl:NT
A notary public or other officer completing 1l1is
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accurncy, 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. l 12
DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTR[C EASEMENT ACROSS:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT.±
SVP REF: SC
That portion of the parcel of lo1.nd conveyed in that certain Trust Transfer Deed recorded October 11, 2018 as Document No. 24040668, in the Office of the Recorder of Santa Clara County (bRSCC), 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 in the centerline of Di Giulfo Avenue (as shown on
Di Giulio Avenue; thence South 0°42'49" West 30.00 feet to the southerly right-of-way of said Di Giulio Avenue at the northwesterly corner of said Grantor's Parcel and the POINT OF BEGINNING; thence South 89°17'11" East 93.55 feet continuing along said southerly right-of-way to the beginning of a curve concave northeasterly having a radius Qf 450.00 feet; thehce northerly 66.65 feet along said curved right-of-way through a central angle of 8°29'09"; thence South 78°08'23 " West 78.05 feet; thence South 88°56'32" West 83.81 feet to the westerly line of said Grantor's Parcel; thence North 0°42 1 39
11 East 14.66 feet along said
westerly line to the POINT OF BEGINNING.
CONTAINING: 1,500 sq. ft., more or less.
SCLA-56598\2322245. l
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05-093
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA95050
13 BY:AGD CHK: GHH APP: JJC
~~SILICON
v VALLEY
POWER.
CITY OFSAHTACl..AnA
SHEET; 1 of2
EXHIBIT "A"
SVP REF: SC
8GAIE
OVERHEAD ELECTRIC EASEMENT ACROSS:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
LEGEND
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT. ±
s 78°08'23" w
76.05'
JON P. ANDERSON
REVOCABLE LMNG
TRUST
APN: 224-05-093
tZZ172ZZ721 EASEMENT AREA = 1,500 SQ. FT.±
-- - --ROADWAY PLATTED CENTERLINE
---p ---POWERLINE REFERENCE LINE
~ FOUND SURVEY MONUMENT
THIS DRAWING SHOULD ae USEO ONLY JV; A REPRESENTATION OF THE LOCATION OF THE EASEMEHTaEING CONVEYlaD, THE EXACTLOCATION OF ALLSlRUCTtJRES, LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OFTHE RIGHT OF WAY HEREIN GIWffiSD .
REV: 0 DATE: 4-16-21 SCALE: 1" = 80' 13Y:AGD CHI<: GHH APP: JJC .,,.
HHlRIOl comtam INt
SAI.T LAKg CITY, UTAH
SCLA-56598\2322245.1
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05-093
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
14 A._SILICON
-.,VALLEY
POWER.
CITY OF SA.tlTA CLARA
SHEET: 2of2
QliBTIFIAAm QE AQQliPI8NQl;l
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from Jon P. Anderson, as Trustee of the Jon P. Anderson Revocable Living Trust, dated September 11, 1984 (Cirantor) to the City of Santa Clara, Califotnia, 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 224-06-093
APPROVED AS TO FORM:
Office of the City Attorney
City of Santa Clara
SCLA-56598\2322245.1
Dated: This_ day of_~--• 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**
25431836
Regina Alcomendras
Santa Clara County - Clerk-Recorder
02/01/2023 10:18 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
1040 Di Giulio Avenue & APN 224-05-093
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Jon P. Anderson, as Trustee of the Jon P. Anderson Revocable Living Trust, dated September 11, 1984 (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 tran.smission, 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 Granter, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Granter and any occupants of Grantor's property.
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.
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 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]
224-05-093
DOC #25431836 Page 2 of 6
IN WITNESS WIIBREOF, said grantors have hereunto set their hands this 2.-r day of _:3.' OA~'J , 20 1-~
APPROVED FOR FORM: Signed in Counterpart
Office of the City Attorney
City of Santa Clara
By: Jon P. Anderson, as
Anderson Revocable
September l l, 1984
Trustee of the Jon P.
Living Trust, dated
~
Jon P. Anderson
Trustee
J 0..t\i:.A..A':_1 '), I I '2-Q 2,3
Date
SEE
ATTACHED
"OWNER" APN 224-05-093 (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 Tr ACHED.
ATTACH THE ALL-.PURPOS.E NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.
224-05-093
DOC #25431836 Page 3 of 6
IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of 20 ----------
~~:
Office of the City Attorney
City of Santa Clara
By: Jon P. Anderson, as
Anderson Revocable
September 11, 1984
Trustee of the Jon P.
Living Trust, dated
Signed in Counterpart
Jon P. Anderson
Trustee Signed in Counterpart
Date
"OWNER" APN 224-05-093 (2022-04)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE TffiS DOCUMENT. lF GRANTOR IS A CORPORATION, THE COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF Tirn PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PAR1NERSHIP, 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 TlflS DOCUMENT ON BEHALF OF THE GRANTOR.
224-05-093
DOC #25431836 Page 4 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 of ,5'.ct,'\+~cto.{~
S n.t,rc_ -t 2-i ,"lo2 Mat1Cllcsl-i, Sc.(nclararQKY1Cu1, Nof-ae:,r ..... ' On \J Clt\w:t!J before me, _1_ • ' _____ (name and title of officer), personally -.-, .J or. -appeared j OV'\ r . />,rtr..\ ors I 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.
~y Signature --19....:,,---~---- (Seal)
DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT. ±
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded October 11, 2018 as Document No. 24040668, 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 in the centerline of Di Giulio Avenue (as shown on
Di Giulio Avenue; thence South 0°42
1 49" West 30.00 feet to the southerly right-of-way of said Di Giulio Avenue at the northwesterly corner of said Grantor's Parcel and the POINT OF BEGINNING; thence South 89°17'11
11 East 93.55 feet continuing along said southerly
right-of-way to the beginning of a curve concave northeasterly having a radius of 450.00 feet; thence northerly 66.65 feet along said curved right-of-way through a central angle of 8°29'09
11 ; thence South 78°08'23" West 78.05 feet; thence South 88°56'32 11 West 83.81 feet
to the westerly line of said Grantor's Parcel; thence North 0°42 1 39
11 East 14.66 feet along said
westerly line to the POINT OF BEGINNING.
CONTAINING: 1,500 sq. ft., more or less.
REV: 0 PATE: 4-15-21
~ .ith IJIIU..llal"
f lf ClllCAl
COUUl l ua INC
SALT LAKE CITY, UTAH
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05~093
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
.--...SILICON
.VALLEY
POWER.
Cll'Y OF SANTA CLARA
SHEET: 1 of2
EXHIBIT "A"
DOC #2543~ ~~ '5t'f 6 ~
SCALE FEET
0 40' 80'
OVERHEAD ELECTRIC EASEMENT ACROSS:
JON P. ANDERSON REVOCABLE LIVING TRUST
1040 DI GIULIO STREET
LEGEND
SANTA CLARA, CALIFORNIA 95050
APN: 224-05-093
EASEMENT AREA: 1,500 SQ. FT.±
s 78°08
1 23
11 w
78.06 1
JON P. ANDERSON
REVOCABLE LIVING
TRUST
APNa 224•08•083
tT//ZLZTld EASEMENT AREA = 1,500 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 EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 4-15-21
~ r,/t/1 Dltttlnllcti"
flf CJRICAl
CONIUl TAHU INC
SALT LAKE CITY, UTAH
SCALE: 1" = 80'
JON P. ANDERSON REVOCABLE LIVING TRUST
APN: 224-05-093
1040 DI GIULIO STREET
SANTA CLARA, CALIFORNIA 95050
BY: AGD CHK: GHH APP: JJC
~SILICON
9VALLEY
POWER.
CITY OF SANTA CLARA
SHEET: 2of2