new attachment for item # 7m on april 21, 2021 city

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NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY COUNCIL MEETING AGENDA

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Page 1: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

NEW ATTACHMENT

FOR ITEM # 7M ON

APRIL 21, 2021

CITY COUNCIL

MEETING AGENDA

Page 2: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

Utility Distnbution Easement (0212020)RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY245 Market Street, N10A, Room 1015p.O. Box 770000San Francisco, California 94177

Location: City ofLos Banos, Merced Co.Recording Fee $__Document Transfer Tax $ 0.00[ X 1This is a conveyance where the consideration and

Value is less than $100.00 (R&T 11911).[ ] Computed on Full Value ofProperty Conveyed, or[ JComputed on Full Value Less Liens

& Encumbrances Remaining at Time ofSale[ ] Exempt from the fee per GC 27388.1 (a) (2); This

document is subject to Documentary Transfer Tax

mScfSi~llature of declarant or agent detenninin~ tax

LD #2210-10-

CITY OF LOS BANOS, a municipal corporation,

(SPACE ABOVE FOR RECORDER'S USE ONLY)

EASEMENT DEED

hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, aCalifornia corporation, hereinafter called Grantee, the right from time to time to excavate for, construct,reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities andassociated equipment for public utility purposes, including, but not limited to electric, gas, andcommunication facilities, together with a right of way therefor, on, over, and under the easement areaas hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands ofGrantor situated in the City ofLos Banos, County ofMerced, State ofCalifornia, described as follows:

(APN 428-010-006)

The easement area is described as follows:

The strips of land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a parthereof.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Granteepaying compensation, any and all trees and brush now or hereafter within said easement area, and shallhave the further right, from time to time, to trim and cut down trees and brush along each side of saideasement area which now or hereafter in the opinion ofGrantee may interfere with or be a hazard to thefacilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federalregulations.

Grantor also grants to Grantee the right to use such portion ofsaid lands contiguous to said easementarea as may be reasonably necessary in connection with the excavation, construction, reconstruction,replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place orconstruct, any building or other structure, or store flammable substances, or drill or operate any well, orconstruct any reservoir or other obstruction within said easement area, or diminish or substantially add

Page 3: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

Utility Distribution Easement (0212020)

to the ground level within said easement area, or construct any fences that will interfere with themaintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defmed in Section216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace,remove, maintain, inspect, and use the communications facilities within said easement area includingingress thereto and egress therefrom.

The legal description herein, or the map attached hereto, defining the location ofthis utility distributioneasement, was prepared by Grantee pursuant to Section 8730 (c) ofthe Business and Professions Code.

This document may be executed in multiple counterparts, each ofwhich shall be deemed an original,but all ofwhich, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit ofand bind the successors and assigns of the respectiveparties hereto, and all covenants shall apply to and run with the land.

Dated:

CITY OF LOS BANOS,a municipal corporation

By _Name:Title:

By _

Name:Title:

I hereby certify that a resolution was adoptedon the __ day of , 20--, by the

authorizing the foregoing grant of easement.By _

Page 4: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

Utility Distribution Easement (O2!l020)

Attach to LD: 2210-10­Area, Region or Location: 5Land Service Office: FresnoLine ofBusiness: Electric Distribution (43). Gas Distribution (53)Business Doc Type: EasementsMTRSQ: 22.10.10.13.42. 22.10.10.13.13FERC License Number: nlaPG&E Drawing Number: 35071484/35072136Plat No.: 1010134 (Elec.) 3618E2 & E3 (Gas)LD ofAffected Documents: nlaLD ofCross Referenced Documents: nlaType of interest: Electric Underground Easements (4), Gas and Pipeline Easements (5), Utility Easement (86)SBE Parcel: n/a% Being Quitclaimed: n/aOrder or PM: 3071484/35072136JCN: nlaCounty: MercedUtility Notice Number: n/a851 Approval Application No: nla ;Decision: n/aPrepared By: M5CfChecked By: JJWM

Page 5: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

Utility Distribution Easement (0212020)

A notary public or other officer completing this certificate verifies only the identity oftile individual whosigned the document to which this certificate is attached, and not the ttuthfulness. accuracy, or validity ofthat document.

State ofCaliforniaCounty of )

On •before me, -:-----,-- Notary Public,Insertaamc:

personally appeared _

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within

instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that

by hislherltheir signature(s) on the instrument the person(s). orthe entity upon behalfofwhich the person(s) acted, executed

the instrument.

I certify lDlder PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and

correct.

WITNESS my hand and official seal.

(Seal)Signalure ofNotMy Public:

CAPACITY CLAIMED BY SIGNER

[ ] Individual(s) signing for oneself/themselves

[ ] Corporate Officer(s) of the above named corporation(s)

[ ] Trustee(s) of the above named Tmst(s)

[ ] Partner(s) ofthe above named Partnership(s)

[ ] Attorney(s)-io-Fact oftbe above named Principal(s)

[ ] Other

Page 6: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

EXHIBIT "A"

land Description For Easement

The land described herein below Is situated in the City of Los Banos, County of Merced, State ofcalifornia, and is described as follows:

The following 10 ft. wide strips of land are situated in the North half ofSection 13, Township 10South, Range 10 East, Mount Diablo Base and Meridian, and are described as follows:

Strip 1:

COMMENCING at the Northeast corner of lot 1 ofTract No. 2017-03, Sunrise Ranch, accordingto the map thereof recorded in Book 81, Pages 25-27 of Official Plats, Merced County Records;thence North 89° 19' 37" West, along the North line of said lot I, being the South line of the 50feet wide City of los Banos Drainage Ditch, a distance of 1120.46 feet to the West line of the40.00 feet wide Place Road right ofway; thence North 00° 29' 38" West, along said West line, adistance of50.00 feet to the South line of B Street, being the TRUE POINT OF BEGINNING;thence

1) North 89° 19' 37" West, along the line common to B Street and the City of los BanosDrainage Ditch, a distance of 285.00 feet; thence

2) South 00° 40' 23" West, a distance of 10.00 feet; thence

3) South 89° 19' 37" East, along a line that is parallel with and 10.00 south of the South lineof B Street, a distance of 285.20 feet to said West line of Place Road; thence

4) North 00" 29' 38" West, along said West line, a distance of 10.00 feet to the TRUE POINTOF BEGINNING.

Contains an area of: 2850 Sq. Ft., more or less.

Strip 2:

COMMENCING at the Northeast corner of said Lot 1 of Tract No. 2017-03, Sunrise Ranch;thence North 89° 19' 37" West, along the North line of said Lot 1, being the South line of the 50feet wide City of Los Banos Drainage Ditch, a distance of 1080.46 feet to the East line of the40.00 feet wide Place Road right of way; thence North ooD 29' 38" West, along said East line, adistance of 50.00 feet to the South line of B Street, being the TRUE POINT OF BEGINNING;thence

1) South 89° 19' 37' East, along the line common to B Street and the CIty of los BanosDrainage Ditch, a distance of 40.00 feet; thence

Page 7: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

2) South 00· 40' 23/1 West, a distance of 10.00 feet; thence

3) North 89° 19' 37/1 West, along a line that Is parallel with and 10.00 feet south of theSouth line of BStreet, a distance of 39.80 feet to said East line of Place Road; thence

4} North 00· 29' 38" West, along said East line, a distance of 10.00 feet to the TRUE POINTOF BEGINNING.

Contains an area of: 400 Sq. Ft., more or less.

Page 8: NEW ATTACHMENT FOR ITEM # 7M ON APRIL 21, 2021 CITY

10'

LEGEND:

POC NE CORNER '\.LOT 1

1080.46' .,/

II I II I I

I II I II I I

4 . 0'

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I I r:.OI\ltJi'~I

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I I ""I~~~~I I tc-I 60lU:S~

~I -l<:~t\.:a:I I t:i!:""I-J

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1 ..,::;~~tt:I I ~ ~\I I II I II I II I II I I1 I II I II I

EAST "B" STREET

'N 1/4 CORNERSEC. 13 nos, RlOE

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I32.00'

POsmON FOR THE \NWCORNEROF

ORIGINAL TRACT PER ,ornC/AL RECORDS

VOL 2057, PG 501, MCR

CITY OF LOS BANOS~'"APN: 428-0J.0-006 "'"

RcflDO~NBfN-T---.--l--r----+~~-.K>L-----~OFFICIAL RECORDS I

VOL 4092, PAGE 578, MCR

40.00' WIDE --1..,...._----::I:iL&!oL!ol.-__~._l

ROAD EASEMENTOFFICIAL RECORDS

VOL 309, PAGE 17, MCR

47.00' STREET DEClCATION..L----+-----r-....--~.!X!<C---~PER TRACT No. 2017-03 I

"SUNRISE RANCH"BK 81 PLATS PG 25 I

OFFICIAL RECORDS, MCR I

II

~l~

~:~I

I

SE 1/4, NW 1/4SW 1/4, NE 1/4SEC. 1310/10

LOS BANOS UNIFIEDSCHOOL DISTRICTAPN: 428-030-022

10'

EXHIBIT "B"UNLESS OTHERWISE SHOWNALL COURSES EXTEND TO ORALONG ALL BOUNDARIES OR UNES .

GRANTOR'S PARCEL UNE- - -ROAD RIGHT OF WAYc:z::2]PROPOSEDEASEMENT

STRIPS

pp cant: STONEfIELD HOMl1. INC. FOR SUNRISE RANCH PHASE 1LOS BANOS CA. MeRCED COUNTY NTS 4-14-21

H IlOS MDB&M

PLAT MAP: 1010134 EC.REFERENCES: NIA

CITY OF: LOS BANOS

DR.BY: M5CF CH.BY: JJWMYOSEMITE 115601436 35072136DIVISION AUTHORIZ DRAWING NO.