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HomeMy WebLinkAboutAgr 2021-07-21 (Judy L Bell)PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of 1,1,4 "LV -1- , 2021 (the "Effective Date"), by and between Judy L. Bell, as Trustee of the Judy L. Bell Revocable Living Trust under Agreement dated February 26, 1993 ("Seller"), and the Town of Tiburon, a municipal corporation ("Purchaser"). Seller and Purchaser may be referred to collectively below as "Parties". RECITALS A. Seller is the owner of the land and improvements thereon, located at 4 Palmer Court, Tiburon California 94920, APN 055-201-35, as more specifically described on Exhibit A (the "Property"). B. Purchaser desires to purchase from Seller for the benefit of Pacific Gas & Electric Company, a California corporation ("PG&E"), and Seller desires to convey to PG&E a non- exclusive permanent easement ("Easement") on, over and across the approximately 435 square foot portion of the Property adjacent to Palmer Court, which area is more specifically described on Exhibit B ("Easement Area"), for the purpose of undergrounding existing overhead utilities as part of the Hawthorne Utility Undergrounding District Project ("Project"). C. On March 12, 2021, Purchaser sent Seller an offer to purchase the Easement pursuant to Government Code section 7627.2(a). NOW, THEREFORE, in consideration of the foregoing recitals and the representations, warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, Seller and Purchaser hereby agree as follows: AGREEMENT 1. Sale and Purchase of Easement Area. Seller agrees to sell to Purchaser and convey the Easement to PG&E, and Purchaser agrees to purchase the Easement from Seller on the terms and conditions set forth herein. 2. Purchase Price. The purchase price (the "Purchase Price") for the Easement shall be Five Thousand Five Hundred Dollars ($5,500), payable by Purchaser to Seller within ten (10) days of Purchaser's receipt of the documents listed in Paragraph 3 below. In addition, Purchaser shall pave, at Purchaser's expense, the ten (10) foot section of asphalt paving that is within the easement area (Exhibit B) and adjacent to the Property (Exhibit A) using the mill/grind method to the road standards of the Town of Tiburon, with no seams within the ten (10) foot section. 3. Conveyance of Easement. Within five (5) days of execution of this Agreement, Seller shall execute, acknowledge where appropriate, and deliver to Purchaser at the address provided in Paragraph 11 below each of the following instruments and documents: (a) The Non -Foreign Transferor Declaration in the form of Exhibit C; SF #4830-0152-7016 v1 (b) The Easement Deed in the form of Exhibit D ("Easement Deed"); and (c) Such other documents or instruments as may reasonably be required of Seller to effect the transactions contemplated in this Agreement. Purchaser shall promptly upon receipt of such documents execute, acknowledge and record the Grant of Easement. 4. Use of the Easement Area and Facilities. (a) PG&E shall have the right, pursuant to the Easement Deed, from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect 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 across the lands of Seller. Purchaser shall provide Seller at least ten (10) business days' written notice prior to commencement of construction. Additionally, Purchaser will require Purchaser's contractor (the "Contractor") to maintain access to the existing driveway on Seller's Property. If access to the driveway will be restricted for an extended period of time, Purchaser will notify, or will require Contractor to notify, Seller in writing at least five (5) business days and again forty-eight (48) hours in advance of the commencement of work that will result in such restricted access. Purchaser shall require Contractor to avoid damage to existing facilities and landscaping on Seller's Property. Any damage to such facilities or landscaping will be reasonably restored, at no cost to Seller. (b) Pursuant to the Easement Deed, the facilities and Easement Area shall include the following: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as PG&E deems necessary for the distribution of electric energy and communication purposes located within the Easement Area (the "Facilities"). (c) Seller shall grant to PG&E, pursuant to the Easement Deed, the right, from time to time, to trim or to cut down, without Purchaser paying compensation, any and all trees and brush now or hereafter within said Easement Area, and shall grant the further right, from time to time, to trim and cut down trees and brush along each side of the Easement Area which now or hereafter in the opinion of PG&E may interfere with or be a hazard to the Facilities installed hereunder, or as PG&E deems necessary to comply with applicable state or federal regulations. (d) Seller shall grant to PG&E, pursuant to the Easement Deed, the right to use such portion of Seller's lands contiguous to the Easement Area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of the Facilities. (e) Seller covenants and agrees, pursuant to the Easement Deed, not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction SF #4830-0152-7016 v1 2 within the Easement Area, or diminish or substantially add to the ground level within said Easement Area, or construct any fences that will interfere with the maintenance and operation of the Facilities. (f) Seller shall further grant to PG&E, pursuant to the Easement Deed, the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within Easement Area including ingress thereto and egress therefrom. (g) If Seller finds that a change in the location of the Easement is necessary, Seller shall first grant PG&E a suitable new easement acceptable to the PG&E and Purchaser, and Seller shall pay the full costs of relocating the Easement and the Facilities located within the Easement Area. (h) Seller reserves the right to use the Easement Area for any and all purposes that will not interfere with PG&E's use of the Easement Area and operation of the Facilities. Provided that there is no interference with PG&E's use of the Easement Area and operation of the Facilities, Seller may grant additional easements to owners of properties adjacent to the Easement Area for uses including but not limited to ingress and egress. 5. Seller's Waiver of Property Rights and Interests. (a) Upon receipt by Seller of the Purchase Price, Seller for itself and for its agents, successors and assigns fully releases, acquits and discharges Purchaser and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them from all claims that Seller, its agents, successors and assigns has or may have arising out of or related to Purchaser's acquisition of the Easement Area including, without limitation, all of Seller's property rights and interests in the Easement Area, including but not limited to (i) any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) business goodwill and lost income (past or future) relating to the Property, (iii) relocation benefits, (iv) severance damages, (v) economic or consequential damages, (vi) professional consultant fees and attorney's fees and costs, and (vii) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or suffered, by Seller, its agents, successors and assigns by reason of Purchaser's acquisition of the Easement Area. In connection with this Paragraph 5, Seller expressly waives all rights under California Civil Code Section 1542, which provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." (Seller's Initials) [- ` SF #4830-0152-7016 v1 3 (b) Seller acknowledges that Purchaser is relying on Seller's representation and warranty that Purchaser has not executed any leases, tenancies, subleases, or occupancy agreements affecting the Easement Area ("Seller's Occupancy Representation"). In the event that Seller's Occupancy Representation is untrue, then without limiting Purchaser's recourse for Seller's breach of Seller's Occupancy Representation, if any tenants or occupants shall be entitled to relocation benefits, Seller shall have the sole and exclusive responsibility for providing all such relocation benefits and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations and satisfying all claims of such parties. Seller hereby agrees to indemnify, defend, protect and hold the Town of Tiburon and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them, harmless from and against any claims arising out of its breach of the Seller's Occupancy Representation. 6. Warranties, Representations, and Covenants of Seller. Except as expressly set forth and disclosed in the Property Documents, Seller hereby warrants, represents, and/or covenants to Purchaser that: (a) Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Easement Area or any portion thereof, at law, or in equity before any court or governmental agency. (b) Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Easement Area by improvements on the Property, nor do any improvements located on the Easement Area encroach on adjacent property. (c) Seller's Title. Seller shall not intentionally do anything which would impair Seller's title to the Easement Area without Purchaser's prior written consent, which consent may be withheld in Purchaser's sole and absolute discretion. (d) Authority. Seller is the owner of and has the full right, power, and authority to sell to Purchaser and convey and grant to PG&E the Easement Area as provided herein and to carry out Seller's obligations hereunder. (e) Condition of Easement Area. To the best of Seller's knowledge, there are no substances, materials or conditions on the Easement Area that qualify as a Hazardous Material (as defined below) or otherwise violate any Environmental Law (as defined below). For the purposes of this Agreement, the following items have the following meanings: (i) "Environmental Law" means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976). (ii) "Hazardous Material" means any substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated, under any Environmental Law, including asbestos, petroleum and petroleum products. SF #4830-0152-7016 v 4 To the extent that Purchaser discovers Hazardous Materials on or under the Easement Area subsequent to conveyance of the Easement pursuant to Paragraph 3 above ("Conveyance"), the Parties understand and agree that Purchaser shall have no responsibility for environmental remediation. Seller's covenant set forth in this Paragraph 6 shall survive the Conveyance. 7. Warranties, Representations, and Covenants of Purchaser. Purchaser hereby represents, warrants and covenants to Seller that Purchaser has all requisite power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby pursuant to the terms and conditions hereof. Purchaser's covenant set forth in this Paragraph 7 shall survive the Conveyance. 8. Expenses. Each Party agrees to pay its own expenses (including the fees and expenses of its own attorneys, accountants and other advisers) in connection with negotiating this Agreement and any related agreements, obtaining any required approvals and otherwise preparing for the Conveyance. The Parties agree to cooperate with one another to prepare and file, or cause to be prepared and filed, with the relevant governmental authorities all transfer tax returns, affidavits and other similar instruments, if any, required in connection with the payment of the foregoing expenses. The provisions of this Paragraph 8 shall survive the Conveyance. 9. Seller's Indemnification. Seller hereby agrees to indemnify, hold harmless and defend Purchaser from and against any and all demands, losses, damages, claims, costs and expenses and any other liability whatsoever, including, without limitation, reasonable accountants' and attorneys' fees, charges and costs (i) incurred by Purchaser by reason of Seller's breach of any covenants, representations or warranties of Seller contained in this Agreement or (ii) relating to or arising from Seller's ownership, management or use of the Easement Area prior to the Conveyance. Seller's obligations set forth in this Paragraph 9 shall survive the Conveyance. 10. Purchaser's Indemnification. Purchaser hereby agrees to indemnify, hold harmless and defend Seller from and against all losses, damages, claims, costs and expenses and any other liability whatsoever, including, without limitation, reasonable accountants' and attorneys' fees, charges and costs incurred by Seller by reason of Purchaser's breach of any covenants, representations and warranties of Purchaser contained in this Agreement; provided, however, this covenant shall not apply in those instances where such losses, damages, claims, costs and expenses and any other liabilities are caused by the negligence of Seller. Purchaser's obligations set forth in this Paragraph 10 shall survive the Conveyance. 11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by fax or email, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of. (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile or email, with the original sent on the same day by overnight courier, the date on which SF #4830-0152-7016 vl 5 the facsimile or email is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Paragraph 11. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows: If to Seller: Judy L. Bell, Trustee 4 Palmer Court Tiburon, CA 94920 Telephone: `i �� - , Facsimile: - Email: with a copy to: Telephone: (� - Facsimile: (� - Email: If to Purchaser: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Attention: Town Manager Telephone: (415) 435-7373 Facsimile: (� - Email: with a copy to: Burke, Williams & Sorensen, LLP 181 Third Street, Suite 200 San Rafael, CA 94901 Attention: Benjamin Stock, Esq. Telephone: (415) 755-2600 Facsimile: (415) 482-7542 Email: bstock@bwslaw.com 12. Miscellaneous. (a) Entire Agreement. This Agreement contains all of the covenants, conditions and agreements between the Parties and shall supersede all prior correspondence, agreements and understandings, both oral and written. (b) Mediation. All claims, controversies, disputes, or causes of action which arise out of or relate to this Agreement, but not including any cause of action for injunctive relief, shall first be submitted to mediation if the dispute cannot be settled through direct discussions between the parties. Notwithstanding the foregoing to the contrary, without first SF #4830-0152-7016 v1 6 initiating mediation, any party may bring an action in court for a temporary restraining order, preliminary injunction, and permanent injunction for any alleged breach or anticipated breach by any party of the provisions of this Agreement. The parties agree to first attempt to settle the dispute through mediation before a mutually acceptable mediator. The mediation shall be conducted in Marin County, California. The parties shall jointly agree and select a mediator within thirty (30) days after either party delivers notice to the other that there is a dispute and requests mediation. The notice shall generally describe the nature and factual basis for the dispute and set forth a request for mediation. If the parties cannot mutually agree on a mediator within the thirty (30) day period, then either party may apply to have the mediator appointed by the California Superior Court for Marin County. The mediator shall be an active or retired lawyer licensed (or previously licensed if retired) in California or retired judge and have at least fifteen (15) years' experience in California concerning the subject matter of the dispute. The cost of the mediator and any facilities for the mediation shall be divided equally between the parties. The mediator's fee and the cost of the facility shall be paid as required by the mediator. The failure of any party to pay the fees for the mediator and the facility within ten (10) days after receipt of written request from the mediator for payment shall be deemed and construed to constitute a refusal to mediate by that party, and in such event that party shall not be entitled to recover any attorney fees or costs if that party is the prevailing party in any subsequent arbitration or litigation. All parties shall be present at the mediation. If a party fails to attend the first two mutually agreed scheduled dates for the mediation, then that party shall not be entitled to recover any attorney fees or costs if that party is the prevailing party in any subsequent arbitration or litigation. Each party may have their legal counsel present at the mediation. Each party shall pay its own attorneys' fees concerning the mediation. Any disputes that are submitted to mediation and remain unresolved forty-five (45) days after such submission may be litigated by filing a lawsuit in the California Superior Court for Marin County, California. (c) Attorneys' Fees. Should either party employ attorneys to enforce any of the provisions hereof or to protect its interest in any manner arising under this Agreement, or to recover damages for breach of this Agreement, or to enforce any judgment relating to this Agreement and the transaction contemplated hereby, the prevailing party shall be entitled to reasonable attorneys' fees and costs. (d) Governing Law. This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of California. (e) Further Assurances. Seller or Purchaser shall promptly perform, execute and deliver or cause to be performed, executed and/or delivered at or after the Conveyance any and all acts, deeds and assurances as either Party may reasonably require in order to carry out the intent and purpose of this Agreement. (f) Counterparts; Electronic copies. This Agreement may be executed in one or more counterparts, and all the counterparts shall constitute one and the same agreement. Duly executed counterparts of this Agreement delivered by email or fax shall be deemed originals for all purposes. (g) Nonwaiver. No delay or omission in the exercise of any right or remedy accruing to Seller or Purchaser upon any breach under this Agreement shall impair such right or SF #4830-0152-7016 v1 7 remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other term, covenant or condition. (h) Captions. Paragraph titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extent or describe the scope of this Agreement. (i) Brokers. The Parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finder's fees in connection with the transactions contemplated by this Agreement. If any person brings a claim for a commission or finder's fee based upon any contact, dealings or communication with Purchaser or Seller, then the party through whom such person makes his claim shall defend the other party (the "Indemnified Party") from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Paragraph 12(h) shall survive the Conveyance or, if the purchase and sale is not consummated, any termination of this Agreement. 0) Survival. Any covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to the Conveyance shall survive the Conveyance and shall be fully enforceable after the Conveyance in accordance with their terms. (k) Time of Essence. Time is of the essence of each provision of this Agreement. (1) Drafts Not An Offer. The Parties agree that the submission of a draft of this Agreement by one Party to another is not intended by either Party to be an offer to enter into a legally binding contract with respect to the purchase and sale of the Property pursuant to the terms of this Agreement. The parties shall be legally bound with respect to the purchase and sale of the Easement Area pursuant to the terms of this Agreement only if (i) Seller and the Town Manager of Tiburon (on behalf of Purchaser) have fully executed and delivered to each other a counterpart of this Agreement, and (ii) the Town Council of Tiburon has approved this Agreement at a public meeting by adoption of a resolution or minute action Seller agrees that this offer shall be not be revoked for a period of thirty (30) days following presentation to Purchaser by Seller. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. [SIGNATURES ON FOLLOWING PAGE] SF #4830-0152-7016 v1 8 SELLER: Judy L. Bell, as Trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993 PURCHASER: Town of Tiburon , apunicipal corporation ATTEST: � rBy: It By: xet Greg anis, Town Manager Lea Ste an' Town Clerk APPROVED AS TO FORM: BY: -Benjamin tock, Town Attorney SP #4830-0152-7016 vl 9 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The parcel of land described and designated PARCEL THREE in the deed from Judy L. Bell to Judy L. Bell, trustee dated April 26, 1993 and recorded as Document Number 93-040780, Marin County Records. Exhibit A 1 SF #4830-0152-7016 v1 EXHIBIT B DESCRIPTION OF THE EASEMENT AREA Exhibit B 1 SF #4830-0152-7016 v RANCHO CORTE MADERA DEL PRESIDIO A,P.N, 63 I �� 19 A.P.N. 055-?01-01 A 61 6tAq rM4W 90 oo 055-2.� . 34 JUDYL. BELL, trustee Deed Dated April 26, 1993 Doc:. No. 93440780 PARCEI. ONE, TWO, THREE Marin County Records APIV: 05.5-20-35 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES AAR Icant; SCALE DATE 4 PALMER COURT, TIBURON 1 V'=40' 16/18/2020 SECTION (NW of NW) 36 T W P (1N) RANGE (6W) IMERIDIAN COUNTY OF. MARIN CITY OF: TIBURON (MDBM) F,B.: DR,BY: KXJM CW.BY!DAK$ PLAT MAP VV-3401 REFERENCES G M 67; 29 OS $3, 2012 M 9 PG&E NORTW11AY DIVISION 31320249 31320249L: AUTNORIZ I DRAWING NO, Exhibit B 2 SP #4830-0152-7016 v1 EXHIBIT C FIRPTA AFFIDAVIT Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides that a transferee of a U. S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U. S. real property interest by Judy L. Bell, as Trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993, as Transferor, the undersigned hereby certifies the following: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor's U. S. employer identification number or social security number is S �� 50 6�� I 3. The Transferor's office/home address or mailing address is 4 Palmer Court, Tiburon, CA 94920. The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury the undersigned declares that he/she has examined this Certification and to the best of his/her knowledge and belief it is true, correct, and complete, and further declares that he/she has authority to signrthis document on_beh4lf. Qf the Transferor. Date: I " .� � — !1-0:1,4021 By: Exhibit C 1 SF #4830-0152-7016 v A notary public or other officer completing this certificate 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. State of California County of V) ) Subscribed and sworn to (or affirmed) before me on this / S day of ` , 20 � � by ( / 77 proved to me on the basis of satisfactory evidence to be the person�0 who appeared before me. 5�? ryf TIMOTHY PATRICK SOLOMON Notary Public • California Marin County Commission # 1348154 My Comm. Expires Mar 19, 2025 Signature, (Seal) `4, p ; e �� h ,� � '` <�- � . ;���„ � �� s �- � ;� '` ,�, 'K-� '' '. ::,. � ♦ ;� �r _� z, � �;r � s>.�t, `".�, �..�,� a, e l v � �;. �,_.���:_�..,_ �.,�._- _�,.�..�_... ;��. v. .,._��___., �p'ilO►ld..�,�t1f©C111c�t1011 ..,.,,. ,�����.�� ;�`��>,� .�5�.�.x�`�����`..~�;��T) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Method of Affiant Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other Affiant(s) Thumbprint(s) ❑ Describe: O Copyright 2007-2016 Notary Rotary, Inc. PC Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101884. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT D EASEMENT DEED EXHIBIT D 1 SF #4830-0152-7016 v Distribution Easement (Rev.02/2020) — Modified 7/8/2021 RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, NIDA, Room 1015 P.O. Box 770000 San Francisco, California 94177 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 [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax of declarant or tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# 2401-06- EASEMENT DEED PM# 31320249 JUDY L. BELL, as trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect 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 across the lands of Grantor situated in the Town of Tiburon, County of Marin, State of California, described as follows: (APN 055-201-35) The parcel of land described and designated PARCEL THREE in the deed from Judy L. Bell to Judy L. Bell, trustee dated April 26, 1993 and recorded as Document Number 93-040780, Marin County Records. The 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 switches, fuses, terminals, and transformers; 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 strip of land described as follows: A strip of land of the uniform width of 10 feet lying contiguous to and southeasterly of the northwesterly boundary line of said lands and extending from the westerly boundary line of said lands northeasterly approximately 42 feet to the southwesterly boundary line of Palmer Court, a town road. Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, 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 Distribution Easement Rev. (02/2020) 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 also grants to Grantee the right to use such portion of said lands contiguous to said easement area 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 or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code. This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: C::3- JUDY � z JUDY L. BELL, as trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993 jistriourion A notary public or other officer completing this certificate 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. State of California tl County of r, y r On -: i°��` �, before me, a' r�._ .0 Notary Public, -� Insert name personally appeared f f who proved to me on the basis of satisfactory evidence to be the person(§) whose name(§) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same /in hi(s/her/their authorized capacity(ids), and that i by his/her/their signatures on the instrument the person), or the entity upon behalf of which the person acted, executed the instrument. 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. , !rV (Seal) i ' • '� t ' ; Seal &&mature of Notary Public CAPACITY CLAIMED BY SIGNER*my TIMOTHY PATRICK SOLOMNotary Public • CaliforniaIndividual(s) signing for oneself/themselves Marin County Commission =2348154 Comm. Expires Mart 9, 1Q25 [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other A.P.N. 055-171-13 5 g3 V0 "'l -Z A.P.N. 055-201-01 A 6� 6� � GO 5 � �JZyI QGo���G tA9 7017 p�0 3� �o SOWN oovR T A.P.N. 055-201-34 JUD Y L. BELL, trustee Deed Dated April 26, 1993 Doc. No. 93-040780 PARCEL ONE, TWO, THREE Marin County Records APN: 055-201-35 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES Applicant: SCALE I DATE 4 PALMER COURT, TIBURON 1"=40' 6/18/2020 SECTION TOWNSHIP RANGE MERIDIAN (NW of NW) COUNTY OF: MARIN CITY OF: TIBURON 36 (1N) (6W) (MDBM) F.B.: DR.BY: KXJM CH.BY: DAK8 PLAT MAP VV-3401INORTH BAY 31320249 31320249E REFERENCES 6 M 67; 29 OS 83, 2012 M 9 PG&EDIVISION AUTHORIZ I DRAWING NO. Distribution Easement Rev. (02/2020) Attach to LD: 2401 -06 - Area, Region or Location: 7 Land Service Office: Santa Rosa Line of Business: Electric Distribution (43) Business Doc Type: Easements MTRSQ: (24.01.06.36.44) Rancho: Corte Madera Del Presidio FERC License Number: N/A PG&E Drawing Number: 31320249E Plat No.: VV -3401 LD of Affected Documents: N/A LD of Cross Referenced Documents: N/A Type of interest: Communication Easements (6), Electric Underground Easements (4) SBE Parcel: N/A % Being Quitclaimed: N/A Order or PM: 31320249 JCN: N/A County: Marin Utility Notice Number: N/A 851 Approval Application No: N/A ;Decision: N/A Prepared By: KXJM Checked By: DAK8 Z:�K Approved By: P 1 A8 clj;-� Revised by: Y:\GenISvcs\Land\R—W 2018\Marin\31320249_Hawthorne Rule 20B, Tiburon\Working Files\31320249E REV l .docx