Pacific Gas & Electric Company (PG&E) (2)Distribution Easement Rev. 11/15 (Modified 11/7/17)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
San Jose Land Services Office
III Almaden Boulevard, Room 814
Son Jose, CA 95113
Location: City/Uninc
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
Signature of declarant or agent determining tax
SPACE ABOVE FOR RECORDER'S USE ONLY
LD# 2211 -03 -0122 EASEMENT DEED
This EASEMENT DEED, hereinafter called the "Agreement," is entered into as of tebr kor -q
2016, is made 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.
Grantor hereby grants to Grantee, the right from time to time to construct, reconstruct, install, inspect,
maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way
therefor, within the easement area as hereinafter set forthover and across the lands of Grantor situate in
the County of Santa Clara, State of California, described as follows:
(APN 810 -20 -023)
Parcel 3 as shown upon the Parcel Map filed for record May 21, 2015 in Book 883 of Maps at page 21,
Santa Clara County Records.
Said facilities and easement area are described as follows:
Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers,
anchors, guy wires and cables, fixtures and appurtenances, as Grantee deems necessary for the
distribution of electric energy and communication purposes located within the strip of land as described
in Exhibit "A" and shown outlined by dashed lines upon Exhibit "B ", attached hereto and made a part
hereof.
Grantor further grants to Grantee the right of ingress to and egress from said easement area over and
across said lands by means of roads and lanes thereon, if such there be, otherwise by such route or routes
as shall occasion the least practicable damage and inconvenience to Grantor; provided, that such right of
ingress and egress shall not extend to any portion of said lands which is isolated from said easement area
by any public road or highway, now crossing or hereafter crossing said lands; provided further, that if any
portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall
extend to said easement area, said right of ingress and egress on said portion shall be confined to such
dedicated roads and highways.
Distribution Easement Rev. 11115 (Modified 1117117)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and
brush now or hereafter within said casement area, and shall have the further right, from time to time, to
trim and cut down trees and brush along each side of said casement 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.
Grantee further agrees:
(a) Not to fence said easement area, except to erect temporary fencing as may be required under
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.,
(b) That any future maintenance or replacement operations to be performed by Grantee on said lands
shall be done in such a manner so as not to unreasonably interfere with Grantor's operations
during its normal business hours except in such cases where such maintenance or replacement
operations must be performed due to emergency conditions,
(c) 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, Grantee shall provide to Grantor, upon written request from Grantor,
copies of all applicable permits required by applicable governmental authorities in connection
with such work.
(d) That in the event Grantee shall make any excavation on said lands pursuant to this grant, Grantee
shall restore said lands as nearly as practicable to their condition prior to such excavation
including, without limiting the generality of the foregoing, pavement, sidewalks, lawns and
shrubs.
Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act
or omission of Grantee or of its agents or employees in the course of their employment, provided,
however, that this indemnity shall not extend to that portion of such loss or damage that shall have been
caused by Grantor's comparative negligence or willful misconduct.
In the event of abandonment of said easement and right of way or any portion thereof, and non -use
thereof for a continuous period of 1 year after initial installation of said pole line shall be conclusive
evidence of the abandonment thereof, Grantee shall upon written demand therefor execute and deliver to
Grantor a good and sufficient quitclaim of said easement and right of way or such portion thereof as may
be abandoned.
Grantor reserves the right to use said easement area for purposes which will not interfere with Grantee's
full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building
or other structure, 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 cover in said easement area, or construct
any fences that will interfere with the maintenance and operation of said facilities, for as long as this
Agreement is in effect or the casement has not been abandoned.
Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216 of
the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use
communications facilities within said easement area (including ingress thereto and egress therefrom).
Dis0bution Easement Rev. 11115 (Modified 1117/17)
Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement ", Exhibit "C ",
attached hereto and made a part hereof.
If either party hereto institutes an action or proceeding for a declaration ofthe 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 reasonable attorneys' fees and to any court costs incurred, in addition to any other damages or relief
awarded.
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.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto.
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
LM
CITY OF GILROY, a municipal corporation
of the State of California
By Cjab -1e(fl. Aan -cike2
( i,A% 'v4(fitrn"kniSirCei-o-
Distribution Easement Rev. 11115 (MoWled 11
A
By
City Clerk
•'VP OipD 8•MT
Dated: P hi-ua 1'' ,
Attach to LD : 2211 -03 -0122
Area 3, San Jose Division
Land Service Office: San Jose
Operating Department: Electric Distribution
MDB &M; T.11 S., R.03E., Sec. 03, NIE % of N/E t/
FERC License Number(s): NIA
PG &E Drawing Number(s): SJL -15523
PLAT NO.: N -24 -21 (Elec.), 360545 (Gas)
LD of any affected documents: NIA
LD of any Cross- referenced documents: NIA
TYPE OF INTEREST: 3, 6, 43
SBE Parcel Number: NIA
(For Quitclaims, % being quitclaimed): NIA
Order # or PM #: 31273833 - 0070
JCN: NIA
County: Santa Clara
Utility Notice Numbers: NIA
851 Approval Application No. NIA Decision NIA
Prepared By: RRRD
Checked By: DI
Reviewed and approved By: JESs
LINE TABLE
LINE
BEARING
DIST
L1
N43'24'49 "W
41.12'
L2
N16'26'33 "ti'!
35.96'
L3
N 16'26'33" 4'!
42.96'
L4
N18'06'37 "ti'!
68.09'
L5
N18'06'37 "W
90.83'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
12.12'
1193,00 W
3'35'55"
C2
21.67-'
193.00'
6'2.5'07"
� c
O.�
ENO S Cl lr UFr 0
0 �`S- 1 r CITY OF GILROY
q ?�l�G� c>�, �"q ` 1 1 O9, r;' R PARCEL 3
va I Q`�Q, � ? Op(Tj` [1t33-- h€-- ?1
p rr� �[�( �O °�d5 AI'N: 010 --20 -023
ac 11'� r �i Cpl t�ti�
TE
ro
LEGEND
BOUNDARY LINE
EXISTING LOT LINE
— -- - — — NEW EASEMENT LINE
PQB POINT OF BEGINNING
T (R) RADIAL BEARING
0 50 100 150
SCALE IN FEET: 1 "= 50'
BASIS OF BEARINGS
BEARINGS ARE BASED ON THE PARCEL MAP FILED MAY 21, 2015 IN BOOK 883 OF
MAPS, AT PAGES 21 AND 22, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA.
REFER TO SAID MAP FOR LOCATION OF PROPERTY MONUMENTATION.
"EXIIIBIT B"
PLAT TO ACCOMPANY EASEMENT DESCRIPTION
BEING A PORTION OF PARCEL 3 AS SHOWN ON THE PARCEL
MAl' FILED MAY 21, 2015, IN BOOK 883 OF h1APS, AT PAGES
21 AND 22, RECORDS OF SANTA CL:IRA COUNTY, CALIFORNIA
PORTION OF SOLIS RANCHO
NEI 14, SEC. 3, T.I1S., R.31E., M.D.Q.M.
GILROY. CA
Stir F I 1 o1 1
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E1101NEE11S • PLAtPPIERS • SURVEYORS
SCALE: DATE: JOB NO.:
i'= 50• 06/08/2017 09001 -3700)
Distribution Easement Rev. 11115 (Modified 1117/17)
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. Installation of any proposed facilities outside of this easement area will require an
additional easement.
0 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 California 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
installation 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, the 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 disclosure 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.
"EXHIBIT A"
LEGAL DESCRIPTION
FOR A 10 FOOT WIDE EASEMENT
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being a portion of "Parcel 3" as shown on the Parcel Map filed May 21, 2015,
in Book 883 of Maps, at Pages 21 and 22, Records of Santa Clara County, California
being more particular described as follows:
Beginning at an angle point in the north line of said "Parcel 3 ", said point being the
northwesterly terminus of the course designated as (N43 °24'49 "W 41.12 feet) on said
map; thence along said north line, S43 024'49 "E, a distance of 21.36 feet; thence leaving
said north line, S18 °06'37 "E, a distance of 68.09 feet; thence S16 °26'33 "E, a distance
of 42.96 feet to a point on the south line of said "Parcel 3 ", and the beginning of a non -
tangent curve to the right, from which the radius point bears N16 °09'34 "E, a radial
distance of 193.00 feet; thence along said south line, westerly along said curve, through
a central angle of 03 °35'55 ", a distance of 12.12 feet; thence leaving said south line,
N16 °26'33 "W, a distance of 35.96 feel; thence N18 006'37 "VII, a distance of 90.83 feet to
the north line of said "Parcel 3 "; thence along said north line, S31 °46'41 "E, a distance of
3.68 feet to the Point of Beginning.
Containing 1,182 square feet, more or less. Bearings are based on said Parcel Map.
As shown on "Exhibit B ", attached hereto and made a part hereof.
END OF DESCRIPTION.
This description was prepared by me or cinder my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
BryA Expires* 1213112017859 Date g4��51ptVAL �R��s
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Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 111189
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 (1 i3.n C i /A rd )
On # ebrucaf-4 14 2,013 before me, — sanarn P Nowd , N0 +ar1 Pub I iC
Date Here Insert Name and Title of the Officer
personally appeared Gu b s- ld A. Go n Z aL e Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namem is /p:re'
subscribed to the within instrument and acknowledged to me that he /she ttye executed the same in
his /f of they authorized capacity06), and that by his /t er /theifsignatures)on the instrument the person(s),
or the entity upon behalf of which the persons) acted, executed the instrument.
SANDRA E. NAVA
Commission # 20B6119 Z
-d Notary Public - California z
_ � '{ Santa Clara County
My Comm. Expires Nov 11, 2018t
Place Notary Seal Above
1 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.
Signature (�_ , + ��� _-
Signature of Notary Public
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: dSPmQr1� �ie�L �— Document Date: Februar+l 1201$
Number of Pages: 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:
02014 National Notary Association • www.NationaiNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907