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Home My WebLink About51-99 • • RESOLUTION NO. 51-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF A GRANT OF EASEMENT TO PACIFIC BELL AND A LETTER OF AGREEMENT BETWEEN THE CITY AND PACIFIC BELL WHEREAS,R AS, Government Code Section 50335 authorizes local agencies to convey to any public or private corporation engaged in the public utility business an easement for utility purposes upon any terms and condition upon which the parties may agree; and WHEREAS, the Town of Los Altos Hills and Pacific Bell have agreed on the terms and conditions of the Town's granting an easement to Pacific Bell; and WHEREAS, the City Council of the Town has read and considered that certain Grant of Easement and Letter Agreement ( collectively"Agreements"), between the Town and Pacific Bell. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreements described above. 2. The Town of Los Altos Hills hereby approves the Agreements and the Mayor is hereby authorized on behalf of the Town to execute the Agreements between the Town of Los Altos Hills and Pacific Bell. PASSED AND ADOPTED this 2nd day of September , 1999 ckaMay" OT: :.;) City Clerk N:\DATA\Clients\L\LAH\Res\PacBell l.rut • THIS SPACE FO ECORDER'S USE WHEN RECORDED RETURN TO: PACIFIC Ei BELL 3475B NORTH 1ST STREET, ROOM 100 SAN JOSE, CA 95134 ATTN:TRACY WRIGHT, RNV AGENT NO DOCUMENTARY TRANSFER TAX DUE BY: PACIFIC BELL RIGHT OF WAY ADMIN. APN: 182-03-022 GEO: P6-39 R/C: 4C - LOC: ROS JOB: P6-1049U BK: 203 PG: 51 GRANT OF EASEMENT The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, Grantee, its successors and assigns, an 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 Controlled Environment Vault ("_CEV") with an attached Serving Area Interface ("SAI") and power pedestal provided by a utility company to service the "CEV" and "SAI", cables, wires, conduits, manholes, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances all as deemed necessary to provide service to the CEV" and/or usAr in, over, under, under, and upon that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: - SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION, ATTACHED HERETO AND MADE A PART HEREOF. SEE ATTACHED EXHIBIT "B" FOR MAP DETAIL. , ATTACHED HERETO AND MADE A PART HEREOF. _ This legal description was prepared pursuant to Section 8730c of the Business and Professions Code. Grantor(s) also grant(s) to Grantee the right to trim such trees and other foliage and to cut such-roots on said property as may be necessary for the_protection of said facilities. Grantors) also grants(s) to Grantee the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of said facilities. Grantor(s) also grant(s) to Grantee 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. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein. 1 • • Grantee shall not place any facilities that exceed a maximum _height of six feet (6') above grade upon said property without the approval of City Council. All construction shall be contained within the easement area. Parking and equipment area storage shall not utilize Purissima Road or Elena Road, or impair the use of either road. Construction hours shall be limited as provided in the Municipal Code for building projects. The portion of the equipment above ground shall be painted green, consistent with the project brochure. - This easement cannot be assigned without the express permission of the Grantor. Executed this I OHf\ day of Sefl-e,m(oe,r 19 99 . THE TOWN OF LOS ALTOS HILLS _ BY : / TITLE: // - STATE OF CALIFORNIA } COUNTY OF S&()—"& C) a r } On S2. • L C� , 1999, before me S(.12c l --D&U(S , a Notary Public o the State of California, personally appeared, E( & - n.2.7 _i(o2)r proved to me on the basis of satisfactory evidence-to-be the person bvhose name is subscribed to the within instrument and acknowledged to me that •:•42E)executed the same in-ie :uthorized capacity, and that by •• ;�.ignature on the instrument the person-or the entity upon behalf of which the person acted, executed the instrument. _ - WITNESS my hand and official seal n SUZANNE DAVIS Commission#1081074 g Z Notary Public—California p Signature of Santa Clara County gn Notary My Comm.Expires Dec 17,1999 2 April 23, 1999 Project No. 99048 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION PACIFIC BELL AREA EASEMENT APN: 182-03-022 All that certain property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of that parcel of land described in the Director's Deed recorded August 30, 1967 asDocument No. 3278006, Official Records of Santa _ Clara County, described as follows: Beginning at the northwest corner of said parcel of land; Thence along the westerly boundary of said parcel of land South 13°09'02" East, 60.00 feet; Thence leaving said westerly boundary the following two (2) courses: North 74°43'16" East,20.01 feet; North 13°09'02" West, 60.00 feet along a line parallel with and distant 20.00 feet easterly measured at right angles from said westerly boundary to the northerly boundary of said parcel of land; Thence along said northerly boundary South 74°43'16" West, 20.01 feet to the Point of Beginning. As shown on the Exhibit "B" attached.hereto and by this reference made a part hereof. Description Prepared by Kier& Wright Civil Engineers & Surveyor's, Inc. 0 Si/xi; Date Tec( . L.S. 6425 ET. .* 411. /1/0. 64%/' "OF CAO,— F:\Projects\99048\TS.PD.048.RJS.doc • fi Pv • ESNPAVE.) a1AN ""0 ( v1AG P.O.B. 0 ` _ Zo _ Z ug 0','•'• O'0 cD 7 \ Qq4 _60 O CO.. .'. ..o1N Ln .. .. .. .. Scde 1"., 40 ft o ' L2 J �. � m an rn la • • tri ti tt t4 \ .. w ter. aP N y. Y-^ 1.4% 0 c - % .11 1. . \ _ o \ • %V" LINE TABLE: N 0 LINE BEARING DISTANCE rn y O"1 z `� L1 S 74'43' 16" W - 20. 01' . 0 s o L2 _ N 74'43' 16" E 20. 01' tax L3 N 50'22' 49" W 20. 25' e, ate_ L4 N 74'43' 16" E 22. 04' �= .r \ CURVE TABLE: \ CURVE RADIUS DELTA LENGTH \o_ _ _. Cl 40. 00' _ 93'08' 42" 65. 03' - C2 530. 00' 10'07' 43" 93. 69' PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE APRIL, 1999 EXHIBIT "B" SCALE 1" = 40' TOWN OF LOS ALTOS HILLS CALIFORNIA OR. BY RJS PACIFIC BELL EASEMENT AREA v, K I ER & WRIGHT JOB 99048 CIVIL ENGINEERS& SURVEYORS, INC. SHEET NO. APN: 182-03-022 3350 Scott Boulevard, Building 22 (408)727-6665 l:\dwq\99048\15=P0-048.Dvr APRIL 23. 1999 12:32 P.1/ Santa Clara, California 95054 FAX (408)727-5641 1 OF 1 SEP 131999 14:32 FR RIGHT OF WAY DEPT 408 493 9750 TO 16509413160 P.02/02 Letter of Armament APN 182-03-022—PUR1SSD A RD. AT ELBNA ROAD This letter of agreement relates to the Town of Los Altos Hills' Grant of Easement to Pacific Bell on the above mentioned property owned by the Town of Los Altos Hills(See Attached). Pacific Bell agrees. to pay to The Town of Los Altos Hills a one time consideration payment in the amount of ten thousand dollars ($10,000.00) for the easement rights as defined by the Grant of Easement. Money will be made payable to The Town of Los Altos Hills upon recording of the Grant of Easement Document. In addition, Pacific Bell agrees to pay any recording fees charged by the County of Santa Clara in connection with the transfer. Easement recording is contingent upon performing a `pothole' .trenching, and determining that site is free from obstructions. Site landscaping shall be installed in accordance with the conditions of the site development permit prior to final inspection. The landscaping required by the conditions of the site development.permit shall be maintained in a healthy state for a minimum of three (3) years.The easement area and equipment shall be maintained in. an attractive condition at all times, including repainting the equipment when necessary. Parking and equipment storage shall not utilize or impair the use of Elena Road or Purissima Road. Pacific Bell shall apply for and obtain all applicable permits from the Town of Los Altos Hills for the proposed construction. No Structures in excess of six feet (6') in height shall be constructed within the easement without City Council Approval. Construction hours shall be limited as provided by the Municipal Code for building projects. Date: 1- 13 -911 Grantor.The Town of Los Altos Hills By: (. »- " Title: Grantee: Pacific Bell BY: Title: ARCA Ag 6. &.#e1 MEEa l J ESlg.w, Tracy Wright Right of Way Administrator (408)493-8174 ** TOTAL PAGE.02 **