Pacific Gas & Electric Company (PG&E)RECORDING REQUESTED BY WHEN
RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilrov. CA 95020
Location: City of Gilroy
Recording Fee $ None (pursuant to Government
Code Section 27383)
Document Transfer Tax $ None hlo c or►s'�+►t /tl"'
[X] This is a conveyance where the consideration and
Value is less than $ i 00.99
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& EncurAancesaRemainin2-at Time of Sale
Signature of declarant or a
LD# 2211 -04 -0736
tax
DOCUMENT: 23414057
111111111111111111111111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Grantor
Pages 8
Fees.... 51.00
Taxes...
Copies..
AMT PAID 51.00
RDE # 024
8/26/2016
3 :00 PM
(SPACE ABOVE FOR RECORDER'S USE ONLY)
EASEMENT AGREEMENT
This Easement Agreement, hereinafter called the Agreement, is entered into as of n �, 2016,
by and between THE CITY OF GILROY, a municipal corporation of the State of California, hereinafter called Grantor,
and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee.
A. WHEREAS, Grantor holds title to certain real property, hereinafter called the Grantor's Property, situate
in the City of Gilroy, County of Santa Clara, State of California, described as follows:
(APN 841 -06 -025)
The parcel of land described and designated PARCEL TWO in the deed from Gilroy Gang and
Drug Abuse Prevention Task Force to the City of Gilroy, a municipal corporation of the State of
California dated December 18, 2007 and recorded as Document No. 19757161, Santa Clara
County Records.
B. WHEREAS, Grantee desires to install, inspect, maintain, replace, remove, use and have
access to the Easement Facilities described below, and Grantor is willing to grant an easement to Grantee in
connection therewith, subject to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the covenants and agreements set forth below, Grantor and
Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee, the right, from time to time, and only to the
extent necessary, to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type
hereinafter specified, together with a non - exclusive right of way therefor, within the easement area as hereinafter set
forth, and also ingress thereto and egress therefrom, over and across Grantor's Property, subject to Section 2 below.
Said facilities, hereinafter called the Easement Facilities, are described as follows:
Such aboveground and underground data transmitting and data receiving equipment, as Grantee
shall from time to time deem necessary (in its reasonable discretion), together with the right to
construct and/or install aboveground and underground wires, cables and conduits, a SCADA
equipment cabinet with associated concrete pad, meters, protective relays, communication
4837 - 3888 -4655v4
SSCORDELIST4706083
equipment, and such appliances and fixtures necessary for any or all thereof, for the purpose of
receiving and transmitting data necessary to remotely monitor, control and operate equipment
associated with Grantee's gas distribution pipe line facilities, located within the easement area
described as follows:
A strip of land of the uniform width of 4 feet lying contiguous to and northwesterly of the
southeasterly boundary line of said lands and extending from the southwesterly boundary line of
said lands northeasterly 26.00 feet (measured along said southeasterly boundary line).
2. Ingress and Egress. Grantor hereby grants to Grantee, the right of ingress and egress from said
easement area over and across paved roadways, driveways and parking aisles now or hereafter existing on Grantor's
Property, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and
inconvenience to Grantor; provided, however, that such right of ingress and egress shall not extend to any portion of
Grantor's Property which is isolated from said easement area by any public road or highway, now crossing or
hereafter crossing Grantor's Property.
3. Landscape Maintenance. Subject to the rights specifically reserved to Grantor in this Agreement,
Grantee shall have the right to trim trees and brush within the easement area which now or hereafter, in the
reasonable opinion of Grantee, may interfere with or be a hazard to the Easement Facilities installed hereunder, or as
Grantee deems necessary, in its reasonable discretion, to comply with applicable state or federal regulations.
4. Grantee's Covenants. Grantee hereby covenants and agrees:
(a) not to fence said easement area;
(b) Grantee shall provide Grantor with as much notice as reasonably practicable prior to any maintenance
and/or repair of the Easement Facilities that will disturb the surface of the easement area in order to allow Grantor to contact
Grantor's employees, contractors, agents and invitees whose vehicles may be parked on the easement area and must be
relocated before any excavation work begins. In connection with any work performed by Grantee in the easement area,
Grantee shall erect temporary fencing to separate the work area from the remainder of the easement area and Grantor's
Property (to the extent such fencing does not already exist); provided, however, that such fencing shall not be required if, in
Grantee's professional and reasonable discretion, such fencing is not required pursuant to Grantee's established safety and
security procedures. Grantee shall take such precautions as necessary to prevent unauthorized or unintended entry into the
work area by Grantor or its tenants, agents, contractors, employees and invitees. Upon completion of any work involving
excavation in the easement area, Grantee shall promptly backfill any excavations with clean soil, compact such soil to the same
compaction standard as existed prior to Grantee's excavation and, restore the surface of the easement area to a smooth and
even condition with the type of surface materials originally installed or such substitute thereof as shall in all respects be equal
to the original in quality, appearance and durability. In addition, Grantee shall restripe any parking spaces disturbed by
Grantee's excavations and restore any landscaping disturbed by Grantee's excavations with the same type of landscaping as
existed prior to such disturbance. Grantee shall be responsible for any repair to Grantor's improvements on the surface of the
easement area resulting from subsidence due to Grantee's work and excavations within the easement area. All work performed
by Grantee in the easement area shall be in compliance with all applicable laws, statutes, ordinances and regulations of any
governmental agency having jurisdiction. To the extent applicable, prior to the commencement of any work in the easement
areas; Grantee shall obtain and provide Grantor with copies of all applicable permits required by applicable governmental
authorities in connection with such work.
(c) to indemnify, defend and hold harmless Grantor and its employees, agents, affiliates, successors and
assigns, from and against any claim, liability, loss, damage or expense (including attorneys fees and costs) arising out of any
injury to or death of any person or damage to or destruction of any property occurring in, on or about the easement area or
Grantor's Property from any cause whatsoever as a result of Grantee's operation, use, maintenance, repair or replacement of
the Easement Facilities within the easement area or on account of the use, operation, condition, safety and/or operation of the
Easement Facilities in the easement area and/or on Grantor's Property, or from any act, neglect, fault or omission of Grantee,
and its employees, agents and contractors on Grantor's Property; provided, however, that this indemnity shall not extend to
that portion of such loss or damage that shall have been caused as a direct result of Grantor's active negligence or willful
misconduct. Grantee shall indemnify, defend and hold Grantor harmless from any liability, loss, cost or expense incurred by
4837 - 3888- 4655v4
SSCORDELIS104706083
Grantor arising out of any mechanic's liens recorded against Grantor's Property arising out of any work performed by Grantee
or its employees, contractors, subcontractors, consultants or agents within the easement area or on Grantor's Property.
(d) should Grantee at any time abandon the Easement Facilities, Grantee shall, within one hundred eighty
(180) days of such abandonment, remove the Easement Facilities and restore the surface of the easement area. Grantee shall
coordinate such abandonment work with Grantor so as to schedule such work at a time that is reasonably acceptable to both
parties. The excavation and removal of the Easement Facilities shall be performed in accordance with the requirements of this
Agreement. Following completion of the removal of the Easement Facilities, Grantee shall execute and record a quitclaim
deed whereby Grantee quitclaims to Grantor any and all rights to the easement area granted to Grantee pursuant to this
Agreement.
5. Reservation of Rights. Grantor hereby reserves the right to use said easement area for any purpose which will
not unreasonably interfere with Grantee's full enjoyment of the rights hereby granted; provided, however, that Grantor shall
not erect or construct any building or other structure upon such easement area unless (A) Grantee provides its prior written
consent to such construction or (B) Grantor grants Grantee a new easement pursuant to the terms and conditions of a new
easement agreenment (in substantially the same form and content as this Agreement) for the use of a comparable easement
area. In the event Grantor elects to grant Grantee a new easement pursuant to clause (B) of the preceding sentence, then (i)
Grantee shall, as soon as reasonably practicable (but in no event more than one hundred eighty (180) days after the date of
such grant), remove the Easement Facilities and restore the surface of the easement area; and (ii) Grantor shall pay for the
reasonable costs of such removal and restoration within thirty (30) days following its receipt of Grantee's reasonably - detailed
invoice for such costs. Grantee shall coordinate such abandonment work with Grantor so as to schedule such work at a time
that is reasonably acceptable to both parties. The excavation and removal of the Easement Facilities shall be performed in
accordance with the requirements of this Agreement. Following completion of the removal ofthe Easement Facilities, Grantee
shall execute and record a quitclaim deed whereby Grantee quitclaims to Grantor any and all rights to the original easement
area granted to Grantee pursuant to this Agreement.
6. Attorneys' Fees. If either party hereto institutes an action or proceeding for a declaration of the rights of the
parties hereunder, for injunctive relief, for any alleged breach or default of, or any other action arising out of, this Agreement,
or if any party is in default of its obligations hereunder, the non - defaulting or prevailing party shall be entitled to its actual
attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded.
7. Notices. All notices, demands or other communications given hereunder shall be in writing and shall be
deemed to have been duly delivered upon delivery by overnight mail service providing evidence of delivery addressed as
follows:
If to Grantee: Pacific Gas & Electric Company
111 Almaden Blvd., Rm 814 -Land
San Jose, CA 95113
If to Grantor: City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention: City Administrator
or to such other address or to such other person as any party shall designate to the others for such purpose in the manner
hereinabove set forth.
8. Miscellaneous.
(a) The legal description herein, or the map attached hereto, defining the location of this utility distribution
easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.
(b) The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto.
4837 - 3888- 4655v4
SSCORDELIS104706083
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation
:
%��lP h l✓r-e c��;� �,
4837 - 3888 -4655A
SSCORDELIS104706083
V
CI'T'Y OF GILROY, a municipal corporation
of the State of California
n
1 :3
APPROVED AS TO FORM:
By t�Z�
CA-7 �
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 Califor
County of
On _
Date
personally appeared
before me,
Insert Name and Title of the
Name( of SigneI
Z
who proved to me on the basis of satisfactory evidence to be t4o.,personA whose nameX is
subscribed to the within instrument and acknovIledged to me tha h A heA#hey executed the same in
phis erMmir authorized capacity( and that hi aatheir signatur on the instrument the persorIK,
r the entity upon behalf of which the person*�A 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.
MIBA AL01110
Corm ills" • 2103704
Notary Public - calilornla i
Sam Clue county > Signature
nta
Comm 15, 2019 gnature of Notary Publ'
f
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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 S'AAQ Carr u` )
On M ��, z� Zo I b , before me, L own Vu Pu 1U t ,
Here inserVriame and title cWthe officer
personally appeared R cLi M rt a
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.
LAM N. VU
Commission # 2060232
i ,-s Notary Public - California
WITNESS my hand and official seal. Z - Santa Clara County
My Comm. Expires Mar 7, 2018
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself /themselves
[A 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)
[ ] Attomey(s) -in -Fact of the above named Principal(s)
[ ] Other
(SEC f
SE 1/,
OF NE 1
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ANAL,
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N51s,
APN 841 -06 -027
PARCEL ONE
oar
Gµ
V
City of Gilroy
Deed dated December 18, 2007
Document No. 19757161
APN 841 -06 -025
PARCEL TWO
EXISTING PG &E
GAS EASEMENT
LD 2211 -04 -0668
Doc. No. 16118450
4' x 26' PG &E
GAS SCADA
EASEMENT
PROPERTY LINE
PROPOSED PG &E EASEMENT BOUNDARY
EXISTING PG &E EASEMENT BOUNDARY
UNLESS OTHERWISE SHOWN, ALL COURSES
EXTEND TO OR ALONG BOUNDARIES OR LINES.
E. SIXTfHSTREET
APN
841 -06 -056
it
05
eti APN
841 -06 -020
APN
841 -06 -021
APN
841 -06 -022
APN
841 -06 -023
APN
841 -06 -024
Applicant: PACIFIC GAS & ELECTRIC COMPANY SCALE DATE
1 " =40' 2/29/2016
SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF• SANTA CLARA CITY OF' GILROY
(06) (11S.) (04 E.) (MDB &M) F B : DR.BY: BFF3 CH.BY: CEKO
PLAT MAP 3682 -A4 Central Coast 31099136 1 SIL- 15373
REFERENCES 2211 -04 -0668 PG &E DIVISION I AUTHORIZ DRAWING NO.
Area 3, Central Coast Division
Salinas Land Services Office
Gas Distribution
(M.D.B. &.M., T. 11 S., R. 04 E., Sec. 06- SE 1/4 of NE 1/4)
FERC License Number(s): N/A
PG &E Drawing Number(s): SJL -15373
PLAT NO. 3682 -A4
LD of any affected documents: N/A
LD of Cross - referenced documents: 2211 -04 -0668
TYPE OF INTEREST: 5, 53
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed) N/A
PM #: 31099136
JCN: N/A
County: Santa Clara
Utility Notice Numbers: N/A
851 Approval Application No. N/A Decision N/A
Prepared By: BFF3
Checked By: CEKO
Approved By: MXK4
Revision Number: 1
4837- 3888A655v4
SSCORDELIS104706083