Loading...
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. ", 1 ;'\ 1,\ ~ f,{ '""" 1'/ ,. ~': ~ f ,-.' ":; \ r '3 </ S APN: RC: JOB: 326-29-022 SC N4171SS 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 W~ 199 ~ . 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. q-/8-qg Date F:\word\98187\ts-pd-187.rjs.doc 0 20 4(} 60 ~ I I Seal. " - 4(} ft LINE TABLE: I I I I k w LINE BEARING DISTANCE ~ L1 SOUTH 20.00' L2 NORTH 9.00' L3 S 00'02'03" E 50.00' or F~~ :":\ (;"T ~"'~ {). ~::~ r.; ::'~7 (:~ ....... ......... ..... ........ i.:) t:: .:) ;".:; ~ ~.::: ... ~ { ] ~ a a S 89'52'19" W 175.92' EAST ~ ,25:00-:. ~.>.'.~.'.'.'.>.':::::J PACIFIC BELL EASEMENT AREA : :'WES(': 25.00' PROPOSED STREET DEDICA TION (261 M 2) I") ....J L.J-~JVDS OF CJT Y OF CUPFRTliVO - ..... ..... 0; C\j ~ 2: ::J a U) PARCEL "8" (361 M 2) PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" " " I I I I C <C o -'<;:1i~;Jo~~K~ P.O.B. ~ Z - ..J ..J W I- en 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