Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc Sunnyvale
Recording Fee $_____________________________
Document Transfer Tax $ No Consideration
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2306-02-10114 EASEMENT DEED
CITY OF SUNNYVALE, a municipal corporation,
hereinafter called Grantor , hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect , and use facilities and associated equipment for public utility pu rposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement areas as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Sunnyvale, County of Santa Clara , S tate of California, described as follows:
(APN 165-02-001 & 165-02-003)
The parcel of land described and designated PARCEL ONE in the final order of condemnation, wherein City of Sunnyvale is plaintiff, dated November 3, 1982 and recorded in Book H122 of Official Records at Page 365, Santa Clara County Records.
The parcel of land described and designated PARCEL ONE in the final order of condemnation, wherein City of Sunnyvale is plaintiff, dated February 23, 1993 and recorded in Book M671 of Official Records at Page 1815, Santa Clara County Records.
The easement areas are described as follows:
The strips of land described in the exhibits labeled Exhibit “A” and shown on the exibits labeled Exhibit “B” attached hereto and made a part hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down , without Grantee paying compensation, any and all trees and brush now or hereafter within said easement areas, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement areas which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Attachment 2
Utility Distribution Easement (02/2020)
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement areas as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct , nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement areas, or diminish or substantially add to the ground level within said easement area s, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to a pportion to another public utility (as defined in Section 216 of the California Publ ic Utilities Code ) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement areas including ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “C”, attached hereto and made a part hereof.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
CITY OF SUNNYVALE,
a municipal corporation
By__________________________________
By__________________________________
I hereby certify that a resolution was adopted
on the ____ day of ___________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.
By__________________________________
Attachment 2
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Attachment 2
EXHIBIT “A”
LEGAL DESCRIPTION
FOR PG&E EASEMENT
All that real property situated in the City of Sunnyvale, County of Santa Clara, State of California, and being a portion of LOT 4 on that certain map entitled “MAP OF JAMES T.
MURPHY SUBDIVISION 1”, filed for record on November 19, 1894, in Book H of Maps, Page 95, Santa Clara County Records, more particularly described as follows:
COMMENCING at a found 3/4 inch iron pipe, shown as being located at the intersection of the centerlines of West Olive Avenue and Pastoria Avenue on Record of Survey filed for record on
January 25, 1984 in Book 524 of Maps at page 21, Santa Clara County Records, thence South 39º35’52” East, 68.46 feet to the TRUE POINT OF BEGINNING of this description; thence leaving said TRUE POINT OF BEGINNING, the following nine (9) courses and distances: (1) South 74º09’16” East, 14.83 feet, (2) South 15º50’44” West, 3.00 feet, (3) South 74º09’16” East,
5.00 feet, (4) South 15º50’44” West, 7.50 feet, (5) North 74º09’16” West, 5.00 feet, (6) South 15º50’44” West, 3.00 feet, (7) North 74º09’16” West, 14.83 feet, (8) North 15º50’44” East, 2.17 feet, and (9) North 74º09’16” West, 15.32 feet more or less to the easterly line of Pastoria Avenue as described in Easement Deed, recorded August 2, 1983 in Book H772 at Page 485, Santa Clara County Official Records; thence along said easterly line, North 15º46’14” East,
5.00 feet, thence leaving said easterly line, the following two (2) courses and distances: (1) South 74º09’16” East, 15.33 feet, and (2) North 15º50’44” East, 6.33 feet to the TRUE POINT OF BEGINNING.
Containing 314 square feet, more or less.
The basis of bearings for this description is the measured line between the 3/4” Iron Pipe monument at the intersection of Pastoria Ave and West Olive Ave and the Brass Disk monument at the intersection of West Olive Ave and All American Way, take as North 87°32’05” East.
Attachment 2
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act.
Travis Timothy Bohan, L.S. No. 8965
February 16, 2022
Date
Attachment 2
Attachment 2
Parcel Map Check Report
Client: Prepared by:
Client Preparer
Client Company Your Company Name
Address 1 123 Main Street
Date: 1/11/2022 5:24:52 PM
Parcel Name: Site 1 - PGE _North
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:1,961,250.6869' East:6,114,061.4835'
Segment# 1: Line
Course: S74° 09' 16"E Length: 14.83'
North: 1,961,246.6377' East: 6,114,075.7499'
Segment# 2: Line
Course: S15° 50' 44"W Length: 3.00'
North: 1,961,243.7517' East: 6,114,074.9308'
Segment# 3: Line
Course: S74° 09' 16"E Length: 5.00'
North: 1,961,242.3864' East: 6,114,079.7408'
Segment# 4: Line
Course: S15° 50' 44"W Length: 7.50'
North: 1,961,235.1714' East: 6,114,077.6930'
Segment# 5: Line
Course: N74° 09' 16"W Length: 5.00'
North: 1,961,236.5367' East: 6,114,072.8830'
Segment# 6: Line
Course: S15° 50' 44"W Length: 3.00'
North: 1,961,233.6507' East: 6,114,072.0638'
Segment# 7: Line
Attachment 2
Course: N74° 09' 16"W Length: 14.83'
North: 1,961,237.6999' East: 6,114,057.7973'
Segment# 8: Line
Course: N15° 50' 44"E Length: 2.17'
North: 1,961,239.7875' East: 6,114,058.3899'
Segment# 9: Line
Course: N74° 09' 16"W Length: 15.32'
North: 1,961,243.9705' East: 6,114,043.6520'
Segment# 10: Line
Course: N15° 46' 14"E Length: 5.00'
North: 1,961,248.7823' East: 6,114,045.0109'
Segment# 11: Line
Course: S74° 09' 16"E Length: 15.33'
North: 1,961,244.5965' East: 6,114,059.7584'
Segment# 12: Line
Course: N15° 50' 44"E Length: 6.33'
North: 1,961,250.6860' East: 6,114,061.4868'
Perimeter: 97.31' Area: 314Sq.Ft.
Error Closure: 0.0035 Course: S74° 05' 00"E
Error North : -0.00095 East: 0.00332
Precision 1: 27,802.86
Attachment 2
EXHIBIT “A”
LEGAL DESCRIPTION
FOR PG&E EASEMENT
All that real property situated in the City of Sunnyvale, County of Santa Clara, State of California, and being a portion of LOT 4 on that certain map entitled “MAP OF JAMES T.
MURPHY SUBDIVISION 1”, filed for record on November 19, 1894, in Book H of Maps, Page 95, Santa Clara County Records, more particularly described as follows:
COMMENCING at a found 3/4 inch iron pipe, shown as being located at the intersection of the centerlines of West Olive Avenue and Pastoria Avenue on Record of Survey filed for record on
January 25, 1984 in Book 524 of Maps at page 21, Santa Clara County Records, thence South 06º48’52” West, 307.03 feet to the TRUE POINT OF BEGINNING of this description; thence leaving said TRUE POINT OF BEGINNING, the following five (5) courses and distances: (1) South 22º44’00” East, 19.54 feet, (2) South 67º16’00” West, 3.30 feet, (3) South 3º34’53” West,
26.77 feet more or less to a point on a easterly line of a proposed Public Utility Easement and the beginning of a non-tangent curve to the right with a radial bearing of South 41º28’13” West, having a radius of 37.00 feet, (4) along said curve to the right, through a central angle of 10º38’17”, an arc distance of 6.87 feet, (5) North 3º34’53”East, 13.60 feet, and (6) North 22º44’00” West, 19.79 feet more or less to a point on said easterly line; thence along said easterly line the following two (2) courses and distances: (1) North 9º23’31” East, 8.50 feet, and (2) North 15º46’00” East, 2.75 fee; thence leaving said easterly line, South 74º14’00” East, 6.78 feet to the TRUE POINT OF BEGINNING.
Containing 359 square feet, more or less.
The basis of bearings for this description is the measured line between the 3/4” Iron Pipe monument at the intersection of Pastoria Ave and West Olive Ave and the Brass Disk monument at the intersection of West Olive Ave and All American Way, take as North 87°32’05” East.
Attachment 2
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act.
Travis Timothy Bohan, L.S. No.
8965
February 16, 2022
Date
Attachment 2
Attachment 2
Parcel Map Check Report
Client: Prepared by:
Client Preparer
Client Company Your Company Name
Address 1 123 Main Street
Date: 1/11/2022 9:27:47 AM
Parcel Name: Site_Esmts - PGE_South
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:1,960,998.5838' East:6,113,981.4143'
Segment# 1: Line
Course: S22° 44' 00"E Length: 19.54'
North: 1,960,980.5618' East: 6,113,988.9654'
Segment# 2: Line
Course: S67° 16' 00"W Length: 3.30'
North: 1,960,979.2865' East: 6,113,985.9218'
Segment# 3: Line
Course: S3° 34' 53"W Length: 26.77'
North: 1,960,952.5688' East: 6,113,984.2495'
Segment# 4: Curve
Length: 6.87' Radius: 37.00'
Delta: 10°38'17" Tangent: 3.44'
Chord: 6.86' Course: N43° 12' 39"W
Course In: N41° 28' 13"E Course Out: S52° 06' 29"W
RP North: 1,960,980.2929' East: 6,114,008.7521'
End North: 1,960,957.5684' East: 6,113,979.5528'
Segment# 5: Line
Course: N3° 34' 53"E Length: 13.60'
North: 1,960,971.1419' East: 6,113,980.4023'
Segment# 6: Line
Attachment 2
Course: N22° 44' 00"W Length: 19.79'
North: 1,960,989.3944' East: 6,113,972.7546'
Segment# 7: Line
Course: N9° 23' 31"E Length: 8.50'
North: 1,960,997.7805' East: 6,113,974.1417'
Segment# 8: Line
Course: N15° 46' 00"E Length: 2.75'
North: 1,961,000.4270' East: 6,113,974.8889'
Segment# 9: Line
Course: S74° 14' 00"E Length: 6.78'
North: 1,960,998.5848' East: 6,113,981.4139'
Perimeter: 107.91' Area: 359Sq.Ft.
Error Closure: 0.0011 Course: N23° 39' 54"W
Error North : 0.00100 East: -0.00044
Precision 1: 98,090.91
Attachment 2
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “C”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement.
• The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with Cali fornia fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installat ion of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, th e utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclo sure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
Attachment 2
Utility Distribution Easement (02/2020)
Attach to LD 2306-02-10114
Area 3, De Anza Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: (23.06.02.36.44) Rancho Pastoria De Las Borregas FERC License Number(s): N/A
PG&E Drawing Number(s): N/A
PLAT NO.: F-13-19 (Elec.)
LD of any affected documents: N/A
LD of any Cross-referenced documents: 2306-02-1660
TYPE OF INTEREST: Electric Underground Easement (4), Communication Easment (6), Utility Easement (86) SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order # or PM #: 35171672 - 1110
JCN: N/A
County: Santa Clara
Utility Notice Numbers (if applicable): N/A
851 Approval Application No. N/A; Decision N/A
Prepared By: kcv2
Checked By: dan9
Approved By: N/A
Revised by: N/A
Attachment 2