Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
Level 3 Communications, LLC
10 25 Eldorado Blvd
Broomfield, CO 80021
ATTN: NIS/Dark Fiber Dept.
Location: City of Sunnyvale
Recording Fee $
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
EASEMENT DEED
City of Sunnyvale,
hereinafter called Grantor, hereby grants to Level 3 Communications, LLC, a Delaware Limited Liability Company, 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 purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the incorporated area of the City of Sunnyvale, County of Santa Clara, State of California, described as follows:
(APN 165-02-003)
Lo
t 4 as shown upon the 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, being two strips of land of a uniform width of 5.00 feet.
The easement area is described as follows:
The strip(s) of land described in Exhibit “A” and shown on Exhibit “B” attached hereto an
d made a part hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee pa
ying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area 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.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Attachment 3
Utility Distribution Easement (02/2020)
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 2 16 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
Grantor warrants that Grantor is the owner of said easement area and will defend title to said easements against all claims.
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, b
ut 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 p
arties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
Name of Grantor
Name of Grantor
Attachment 3
Utility Distribution Easement (02/2020)
S
tate 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 c
orrect.
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 3
EXHIBIT “A”
L
EGAL DESCRIPTION
FOR 5 FOOT COMMUNICATION 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, also shown on Santa Clara County Records, being a strip of land of a uniform width of 5.00 ft., the centerline of which is 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 03º23’13” East, 124.95 feet to a point which is distant easterly 10.00 ft., measured at right angles from the easterly right-of-way line of said Pastoria Avenue, situated on the easterly line of a 10 foot non-exclusive easement, and the TRUE POINT OF BEGINNING of this description; thence, South 74º12’34” East, 33.89 feet to the terminus of the centerline herein being described.
Said strip is bounded on the west by the easterly line of said 10 foot non-exclusive easement.
Containing 169 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, taken as North 87°32’05” East.
Attachment 3
This real property description has been prepared by me, or under my direction at Mark Thomas a
nd Associates Inc., in conformance with the Professional Land Surveyors’ Act.
Travis Timothy Bohan, L.S. No. 8965
May 31, 2022
Date
Attachment 3
Attachment 3
Parcel Map Check Report
Client: Prepared by:
Client Preparer
Client Company Your Company Name
Address 1 123 Main Street
Date: 5/26/2022 6:33:31 PM
Parcel Name: Lumen
Description: 5-foot easement
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:1,961,181.1200' East:6,114,025.9055'
Segment# 1: Line
Course: S74° 12' 34"E Length: 33.89'
North: 1,961,171.8978' East: 6,114,058.5166'
Segment# 2: Line
Course: S15° 47' 26"W Length: 5.00'
North: 1,961,167.0865' East: 6,114,057.1560'
Segment# 3: Line
Course: N74° 12' 34"W Length: 33.89'
North: 1,961,176.3087' East: 6,114,024.5449'
Segment# 4: Line
Course: N15° 46' 43"E Length: 5.00'
North: 1,961,181.1203' East: 6,114,025.9045'
Perimeter: 77.77' Area: 169Sq.Ft.
Error Closure: 0.0010 Course: N74° 12' 56"W
Error North : 0.00028 East: -0.00100
Precision 1: 77,780.00
Attachment 3
Utility Distribution Easement (02/2020)
Level 3 Communications, LLC
EXHIBIT C
This Disclosure Statement will assist you in evaluating the request for granting an easement to Level 3 Communications, L
LC to accommodate a utility service extension to Level 3 Communications, LLC’s applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by Level 3 Communications, LLC to grant this easement. • The granting of this easement is an accommodation to Level 3 Communications, LLC’s applicant requesting the extension of Level 3 Communications, LLC 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, Level 3 Communications, LLC is not authorized to purchase any such easement. • By granting this easement to Level 3 Communications, LLC, 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 Level 3 Communications, LLC facilities. You have the option of having Level 3 Communications, LLC’s contractors perform this work on your property, if available, or granting permission to Level 3 Communications, LLC’s applicant or the applicant’s contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, Level 3 Communications, LLC 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 Level 3 Communications, LLC utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized Level 3 Communications, LLC’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to Level 3 Communications, LLC, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by Level 3 Communications, LLC. When the facility installation is determined to be acceptable the facilities will be conveyed to Level 3 Communications, LLC by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to Level 3 Communications, LLC. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to Level 3 Communications, LLC. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
GRANT OF EASEMENT DISCLOSURE STATEMENT
Attachment 3