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2017-028 - Authorizing the grant of an easement to PG&E for SoulCycle/McCarthy Santa Cruz Ave LLC at 212-216 N Santa Cruz AveRESOLUTION 2017 -028 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE GRANT OF AN EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY FOR SOULCYCLE /McCARTHY SANTA CRUZ AVE, LLC, LOCATED AT 212 -216 N. SANTA CRUZ AVENUE (APN 529 -04 -085) WHEREAS, the Pacific Gas & Electric Company ( "PG &E ") has requested an easement from the Town for the installation of underground electrical facilities and appurtenances at the Town of Los Gatos Parking Lot (APN 529 -04 -101); and, WHEREAS, the proposed underground electrical facilities and appurtenances will be located on Town property; and, WHEREAS, Town Council approval is required to grant an easement to PG &E on Town property; and, WHEREAS, the easement will be in a form acceptable to the Town Attorney. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos hereby approves the grant of an easement to Pacific Gas & Electric Company for underground electrical facilities and appurtenances on Town property at the Town of Los Gatos Parking Lot (APN 529 -04 -101), subject to PG &E's compliance with all of the terms and conditions set forth in said easement. BE IT FURTHER RESOLVED that the Town Council hereby authorizes the Town Manager to execute a grant of easement, in a form acceptable to the Town Attorney, for the proposed underground electrical facilities and appurtenances on Town property. 1of2 Resolution 2017 -028 June 6, 2017 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6`h day of June, 2017, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Barbara Spector, Mayor Marico Sayoc NAYS: None. ABSENT: Steve Leonardis. ABSTAIN: None. SIGNED: MAYOR OF TH 'TOW b LOS GATOS LOS GATOS, C IFOSkNIA DATE: l� ATTEST: 4 CLERK ADMiNISTft TOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: — �2�'�'�_— 2of2 Resolution 2017 -028 June 6, 2017 Distributian Easement (Rev.l 1/15) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY San Jose Land Services Office III Almaden Boulevard, Room 814 Sari 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# 2308 -01 -3576 EASEMENT DEED TOWN OF LOS GATOS, a municipal corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called 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 forth, and also ingress thereto and egress therefrom, over and amass the lands of Grantor situate in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: (APN 529 -04 -101) The two parcels of land one described in the deed from Josephine Clotilda Geoffroy and others to the Town Of Los Gatos dated April 25, 1967 and recorded in Book 7724 of Official Records at Page 180, Santa Clara County Records, and the other described in the deed from Southern Pacific Company to "Town of Los Gatos dated May 8, 1967 and recorded in Book 7817 of Official Records at Page 699, Santa Clara County Records. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the ship of land as described in Exhibit "A" and shown outlined by heavy dashed lines upon Exhibit `B" attached hereto and made a part hereof. :,tit. 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 easement area., and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement 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. Grantor shall not erect or construct any building or other structure or drill or operate any well within said easement area. 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 connnunications facilities within said easement area (including ingress thereto and egress therefrom). Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement ", Exhibit "C ", attached hereto and made a part hereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated: C =c ; 20-11. J TOWN OF LOS corporation r By k __ By I hereby certify that a resolution was adopted on the Lc,, day of G , 20 j .� , by the Tc�_��CzS authorizing the foregoing grant of easement. 3ATOS, amunicipal CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 9189 A notary public or other officer completing this ce tificate 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. who proved to me on the basis of satisfactory evidence to be the person(K whose name(s)-is/am subscribed to the within instrument and acknowledged to me that W /she /they executed the same in his/her /thetF authorized capacity(L-9), and that by Ws/her /tWrsignature(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. S7i:fafdlE D. HOCKEMEgED Commission a1 2086033 Notary PubBc - C'aljvornla Z Santa Clara County MY Comm. Expires Oct 94.2098 Place Notary Seal Above 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. Signature ignature of Notary Public — OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this foam to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ —_ Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ - Corporate Officer — Title(s): Partner — '-! Limited - General -i 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 1 Guardian or Conservator Other: Signer Is Representing: v/ v` L{ �` t/ JY'.( 1C��° sY' diK%+'> t`-', Z` L36` L-% U1.' �._ 4. Y�i) L. C`- U' T3F. TlJ��. Kl° nr�."�1<k:��%k.":_'�+'C.V"U,tiZr '% C:\% V` LSU`: �\`-- 13\'%' v.. ��• CLLZ1 %C+Y.'- S2{�.w.Y4'\%C'$:c.`� ©2014 National Notary Association > www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907