E-453 GRANT NON-EXCLUSIVE EASEMENT, STELLING RD
THIS SPACE FOR RECORDER'S USE
CF0263 (3-84) R1W-EXCL-AER-UG
WHEN RECORDED RETURN TO:
PACIFIC C BELL
3475B NORTH 1ST STREET, ROOM 600
SAN JOSE, CA 95134
A TTN: Paul Andrews
NO DOCUMENTARY TRANSFER TAX DUE
BY:
PACIFIC BELL RIGHT OF WAY ADMIN.
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326-29-022
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GEO: N494
LOC: PARCEL MAP
BK: BOOK 3611PAGE 2
GRANT NON-EXCLUSIVE EASEMENT
THE CITY OF CUPERTINO, a municipal corporation, the undersigned Grantor(s) hereby grant(s) to
PACIFIC BELL, a Corporation, its successors and assigns, hereinafter referred to as "Grantee(st, an
NON- EXCLUSIVE EASEMENT to construct, maintain, operate, inspect, repair, replace and remove such
communication facilities as Grantee may from time to time require, (including ingress thereto and egress
therefrom) consisting of installation of a Controlled Environmental Vault and PGE power pedestal,
cables, wires, conduits, manholes, electrical conductors, structures with electronic communication
equipment therein and associated paving, and other necessary fixtures and appurtenances related
thereto; in, over, under and upon that certain real property in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION.
SEE ATTACHED EXHIBIT "B" FOR MAP DETAIL.
This legal description was prepared pursuant to Section 8730c of the Business and Professions Code.
Grantor(s) also grant(s) to Grantee(s) the right to receive commercial power service from the appropriate
utility company serving the area together with the right for such utility company to place their respective
service facilities upon and within said easement.
Grantor(s) shall not erect or construct any building or other structure or drill or operate any well within
said easement.
Grantee(s) shall indemnify, defend, and hold harmless City, its employees, successors and assigns from
and against any and all loss, cost, claim, liability, action, damage, injury to or death of any person
(hereinafter referred to as "Claims"), including reasonable attorney's fees, occurring on the easement
and arising out of or connected with the negligence or willful misconduct of Grantee, its agents or
contractors, except for Claims arising out of the negligence or willful misconduct of City, its agents or
contractors, breach of any duty or obligation by City under this easement, or any condition relating to the
easement which Grantee(s) has no obligation to repair or maintain.
-$'V'
Executed t is!) day of
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BY ITS:
Attachment: City of Cupertino Resolution No. 98-244.
:
September 14, 1998
Project No. 98187
Page 1 of2
EXHIBIT "A"
LEGAL DESCRIPTION
PACIFIC BELL EASEMENT AREA
APN: 326-29-022
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California and being a portion of Parcel B as shown on that certain Parcel Map filed for record
on September 3, 1975 in Book 361 of Maps at Page 2, Santa Clara Records, described as
follows:
Beginning at a point on the easterly line of said Parcel B, distant South, 9.00 feet from the most
northeasterly comer of said Parcel B and being on the westerly line of Stelling Road, as proposed
to be dedicated (60.00 feet width);
Thence along the easterly line of said Parcel B, South 20.00 feet;
Thence leaving said easterly line and continuing along the following three (3) courses:
West, 25.00 feet;
North, 20.00 feet;
East, 25.00 feet to the Point of Beginning.
Description prepared by Kier & Wright Civil Engineers & Surveyors, Inc.
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EXHIBIT "B"
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DATE SEPT" 1998
SCALE 1" = 40'
CUPERTINO
PACIFIC BELL EASEMENT AREA
A.P.N. 326-29-022
DR. BY
CALIFORNIA
'KIER & WRIGHT JOB
CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408)727-6665
Santa Clara, California 95054 FAX (408)727-5641
f: IdwgI98187ITS-PO-187.dwg SEPTeMBER 14. 1998 5:12 PM
RJS
98187
2 OF 2
RESOLUTION NO. 98-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A NON-EXCLUSIVE EASEMENT TO PACIFIC BELL, PORTION
OF PARCEL B, APN 326-29-022, LOCATED AT STELLING ROAD
IT IS HEREBY RESOLVED that the City of Cupertino (Grantor) grant to Pacific Bell a
Corporation (Grantee), an easement to construct, maintain, operate, inspect, repair, replace and
remove such communication facilities as Grantee may from time to time require, (including
ingress thereto and egress therefrom) over, under, and upon that certain real property located in
the City of Cupertino, County of Santa Clara, State of California, and more particularly described
in the attached Exhibit "A" and Exhibit "B".
IT IS FURTHER RESOLVED that the Mayor is hereby authorized to execute said grant
of easement herein referred to on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of October, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
APPROVED:
ISI KIMBERLY SMITH
City Clerk
ISI MICHAEL CHANG
Mayor, City of Cupertino