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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 n 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 4 G I� � Oe$9 CALIF04'�`� Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 111189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California ) County of S (1 i3.n C i /A rd ) On # ebrucaf-4 14 2,013 before me, — sanarn P Nowd , N0 +ar1 Pub I iC Date Here Insert Name and Title of the Officer personally appeared Gu b s- ld A. Go n Z aL e Z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose namem is /p:re' subscribed to the within instrument and acknowledged to me that he /she ttye executed the same in his /f of they authorized capacity06), and that by his /t er /theifsignatures)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. SANDRA E. NAVA Commission # 20B6119 Z -d Notary Public - California z _ � '{ Santa Clara County My Comm. Expires Nov 11, 2018t Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (�_ , + ��� _- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: dSPmQr1� �ie�L �— Document Date: Februar+l 1201$ 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