Order Ex Parte

Cal. Super. - 6th Dist.March 12, 2021

DEE E 5 2028 EFS-020 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR N0.: FDR COURT USE ONLY NAME; F. Gale Connor (131994) / Angela J. Yu (263212) FIRM NAME; Miller Starr Regalia smeannnness; 580 California Street, 12th Floor CITY: san FranCiSCO STATE: CA ZIP cone: 94104 TELEPHONE N0.: (41 5) 638-4809 FAX No,; (41 5) 371 -1 012 E.MAIL Annness: gale.connor@msrlegal.com / angela.yu@msrlegal.com ATrORNEY FOR (namgl; City 0f Santa Clara - SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREEr ADDRESS: 161 North First Street MAILING mnness; 191 North First Street CITYAND ZIP CODE: San JOSE. CA 951 13 [Exempt From Filing Fee Government Code § 6103] BRANCH NAME; Old courthouse CASE NUMBER: PLAINTIFF/PETITIONER: City of Santa Clara 21CV380279 . JUDICIAL OFFICER: DEFENDANT/RESPONDENT. Bay Area Cellular Telephone Company, et al. Hon. Socrates PI Manoukian OTHER: DEPT: PROPOSED ORDER (COVER SHEET) 20 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. ln addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: City of Santa Clara 2. Title of the proposed order: [Proposed] Final Order of Condemnation 3. The proceeding to which the proposed order relates is: I a. Description of proceeding: City of Santa Clara‘s Unopposed' Ex Parte Application for Entry of Final Order of Condemnation b. Date and time: No Hearing Requested c. Place: Department 20 4. The proposed order was sewed on the other parties in the case. BY FAX Angela J. Yu ' > (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) Page 1 of 2 Form Adopted far Mandatory Use PROPOSED ORDER (COVER SHEET ' Cal. Rules of Coun. Judlclal Cuuncll of California . ‘ . . . _ . l'UIBS 2.252, 3.1312 EFS-02D[Rev.Fahruary1,2017) . _ . ‘ (EleCtronlc Flllng) 5 ‘ - . www.courts.ca.gov American LegnlNet, Inc. . EFS-OZD ~ CASE NAME: V CASE NUMBER: City of Santa Clara v. Bay Area Cellular Telephone Company, et al. 21CV380279 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. a. My residence or business address is (specify): b. My electronic service address is (specify): 2. I electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party orparties represented should also be stated): b. To (electronic service address ofperson served): c. On (date): D Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE 0R PRINT NAME 0F DECLARANT) (SIGNATURE 0F DECLARANT) EFS-020[Rav.Febmary1,2017] PROPOSED ORDER (COVER SHEET) Pagezmz - (Electronic Filing) American LegalNet, lnc. OOQONUIA \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Exempt From Filing Fee Government Code § 6103] F. GALE CONNOR (Bar No. 13 1994) ANGELA J. YU (Bar No. 263212) MILLER STARR REGALIA A Professional Law Corporation 580 California Street, 12th Floor San Francisco, California 94104 Telephone: (415) 638-4800 Facsimile: (415) 371-1012 Email: gale.connor@msrlega1.com angela.yu@msrlega1.com Attorneys for Plaintifi CITY OF SANTA CLARA ' SUPERIOR COURT OF TI-m STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF SANTA CLARA, a California Case No. 21CV380279 Charter City, _‘ APN: 224-60-010 Plaintiff, ' FINAL ORDER 1N CONDEMNATION v. BAY AREA CELLULAR TELEPHONE COMPANY, a California general partnership; Action Filed: March 12, 2021 and DOES 1 - 50, Trial Date: None Set Defendants. Judgment of Condemnation having bcen entered in thc‘above-entitled action on October 15, 2021, in the Office ofthe County Clerk of the County of Santa Clara, State of California, and appearing to the satisfaction of the Court that the Total Compensation due and owing under said Judgment has been paid by Plaintiff City of Santa Clara in accordance with the Stipulation for Entry of Judgment in Condemnation and the Judgment in Condemnation. IT IS HEREBY ORDERED, ADIUDGED AND DECREED THAT the real property located in the County of Santa Clara, State of California, more particularly described and depicted in Exhibit A attached hereto (the “Easement”) is hereby condemned to Plaintiff City of Santa Clara, subject to the terms and conditions set forth herein. IT IS HEREBY ORDERED, ADIUDGED AND DECREED THAT the propefiy SCLA-5659 8\25_42326.1 _ ]_ .. FINAL ORDER IN CONDEMNATION Filed December 15, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV380279 By: svera mum \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 condemned by the City in this action is an overhead electric utility easement (“Easement”) consisting of an approximately 1,256 square foot permanent overhead electric easement (the “Easement Area”) for the purpose 0f constructing and reconstructing, installing, operating, inSpecting, maintaining, repairing, removing and/or replacing overhead electn'cal transmission, distribution and/or communication systems, and appurtenances thefeto. The overhead electric system will consist of poles, wire supports, wires and conductors suspended fiom pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments and other appurtenances. (the “Improvements”), all as more particularly described and depicted in E_xh@ A attached to the Judgment of Condemnation (Exhibit A hereto). The property encumbered by said Easement is commonly known as 1051 Martin Avenue, Santa Clara, CA 95054, APN 224-60- 010 (the “Encumbered Property”), which Encurnbered Property was conveyed to Defepdants by that certain Grant Deed dated December 26, 1989, and recorded on December 29, 1989, as Document 10375524, Official Records of Santa Clara County, California. Said Easement shall be subj ect to all current valid encumbrances of record affecting the Easement Area or any portion thereof. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT the City shall, at all times dun'ng the continuance of the Easement, have a reasonable right of ingress and egress over adjoining lands 6f the fee owner. In exercising said right of ingress and egress, the City shall, wherever practical, use existing roads and lanes across lands of the fee owner, if such there be, and if not, by such route 0r routes as shall result in the least practical inconvenience to the fee owner of the Encumbered Property and any occupants thereof. Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with City’s use of the Easement. Any other use of the Easement Area by fee owner shall be subj ect to the City’s express written consent and only after {he City’s review of plans and specifications and determinations that such use will not interfere with its use 0f its Easement. The City may trim any trees or remove any tree or stmcture which are in 0r adj acent to the Easement Area which, in the City’s reasonable determination, interfere with its use of the Easement. The City may tn'm any trees or remove any tree which is in or adj acent to the Easement Area which SCLA.56598\2542326.1 . - g2- FINAL ORDER IN CONDEWATION A \DOOQONUI 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exceeds a height of 20 feet or poses a risk of falling onto the Easement, onto the City’s facilities or equipment located within the Easement. IT IS HEREBY ORDERED, ADIUDGED AND DECREED THAT all Impiovements installed in 0r affixed to the Easement Area by the City shall be constructed, maintained and operated in compliance with all applicable IaWs and regulations and in such manner as to not unreasonably interfere with Defendants’ use and enjoyment of the Encumbered Property. The City shall pay for all labor used upon and all materials joined to or affixed to 'the Easement Are a'nd shall keep the Easement Area and Encumbered Property free of any lien, or claim of lien, in respect thereto. The City shall repair, at its sole const and expense, any and all damages to the Easement Area or Encunibered Property arising from or by reason of the City’s access to, or use of the Easement Area, and in doing so, shall restore the Easement Area and Encumbered Property to a condition as close t0 its original condition as possible. Deffandants shall promptly notify the City of any damage to the Encumbered Property arising from or by reason of the City’s access to, or use of the Easement Area. The foregoing natwithstanding, in no event shall the City be liable for any damage t0, 0r loss of personal property or equipmenf sustained by the fee owner within the Easement Areas, whether or not it is insured, except if such loss is caused by the gross negligence or willful misconduct of the City. Any taxes assed upon the City’s Improvements located with the Easement Area shall be paid by the City. I IT IS IEREBY ORDERED, ADJUDGED AND DECREED THAT the City shall indemnify, defend and hold Defendants hannless from and against any and all losses, costs, damages, liens, claims, liabilities, or expenses incurred by Defendants arising from or by reason of the City’s accéss to, or use of the Easement Area, unless caused by Defendants’ sole negligence 0r Willfill misconduct. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT upon the recording of a certified copy 0f this Final Order of Condenmation with the County Recorder 0f the County of Santa Clara, State of California, title to the Easement describéd and depicted inm A shall vest in Plaintiff City of Santa Clara, its successors and assigns. SCLA.56598\2542326.1 ' I -3- FINAL ORDER IN CONDENINATION \OWQmUI-hDJM-u NNNNNNNNNfl-HH-s-n-H-- WQQMAuN-CemanIAWN-o _ DATED: ,2021 APPROVED AS T0 FORM. Dated: Nermberfl, 2021 Dated: ‘QMCtfi, 2021 SCLA-56598\2542326.l Judge ofthe Superior Court MILLER STARR REGALIA RGALE'CONOR 'fi ‘ Attorneys for Plaintiff BY FAX "GLEW DAVIS I Attorneys for Defendants , E BY FAX -4- FINAL ORDER IN CONDEMNATION 15 December Socrates Peter Manoukian Signed: 12/15/2021 09:21 AM SCLA-56598\2542326.1 mm -5- FINAL ORDER IN CONDEMNATION OOQQUIA \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCLA-56598\2542326.l -6- FINAL ORDER IN CONDEMNATION