Resolution No

Transcription

1 EXHIBIT A Page 1 of 2 Resolution No RESOLUTION OF THE BOARD OF TRUSTEES OF THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT AUTHORIZING THE DEDICATION OF AN EASMENT TO COX COMMUNICATIONS CALIFORNIA, LLC November 13, 2017 WHEREAS, Cox Communications California, LLC (Cox) has requested that the South Orange County Community College District ( District ) dedicate an easement to Cox upon a portion of the District s Advanced Technology and Education Park Site ( Easement ). Legal description and map depicting the location of the Easement is attached hereto as Exhibit A and incorporated herein; and WHEREAS, pursuant to Education Code section 81310, the governing board of a community college district may convey to a public corporation, or private corporation engaged in the public utility business, for utility purposes any real property belonging to such community college district upon such terms and conditions as the parties thereto may agree; and WHEREAS, the District desires to provide Easement and right of way to Cox for underground facilities and appurtenances for the telecommunications systems and access purposes to the terms and conditions set forth in the Grant of Easement attached hereto as Exhibit A and incorporated herein; and WHEREAS, pursuant to Education Code section 81311, on October 30, 2017, the District s governing board ( Board ), in a regular open meeting, by at least a two-thirds vote of all its members, adopted Resolution No (the Resolution ) declaring its intention to dedicate the Easement; and WHEREAS, in accordance with Education Code section 81311, the District s Board fixed November 13, 2017, for a public hearing ( Public Hearing ) upon the question of making the dedications of the Easement to Cox; and WHEREAS, pursuant to Education Code section 81312, the District posted copies of the Resolution in three public places in the District not less than ten (10) days before the Public Hearing, and published notice once, not less than five days before the Public Hearing, in a local newspaper; and WHEREAS, pursuant to Education Code section 81313, on November 13, 2017, at a regular meeting of the District s Board, the District held a Public Hearing upon the question of making the dedication of the Easement to Cox; and WHEREAS, no petition pursuant to Education Code section has been filed with the District s Board; and Page 1 of 2

2 EXHIBIT A Page 2 of 2 NOW, THEREFORE, the Board of Trustees of the South Orange County Community College District DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: 1. That the above recitals are all true and correct. 2. The District s Board authorizes and directs the Acting Chancellor to execute the Easement and take whatever action is necessary to complete the dedication of the Easement to Cox Communications California, LLC. 3. That the District s Board hereby determines that the District is in compliance with all relevant sections of the Education code and all other applicable laws. PASSED AND ADOPTED, by the Board of Trustees of the South Orange County Community College District, Orange County, State of California, on November 13, Timothy Jemal, President David B. Lang, Clerk Marcia Milchiker, Member James R. Wright, Vice President T.J. Prendergast III, Member Barbara J. Jay, Member Terri Whitt, Member Debra L. Fitzsimons, Interim Chancellor And Secretary to the Governing Board Page 2 of 2

3 Page 1 of 8 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COX COMMUNICATIONS CALIFORNIA, LLC KASHIWA ST TORRANCE, CA RIGHT OF WAY DEPARTMENT DOCUMENT TRANSFER TAX: NONE Ø for Recorder s use only EASEMENT A.P.N SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, ( Grantor ), hereby grants to COX COMMUNICATIONS CALIFORNIA, LLC., A DELAWARE LIMITED LIABILITY COMPANY, ( Grantee ) its successors and assigns, a perpetual Easement, and right to construct, place, operate, repair, inspect, maintain, replace, and remove such underground Telecommunication equipment as Grantee may require from time to time, consisting of one or more lines of cables, wires, conduits, aboveground pedestals, handholes, pull boxes, vaults, concrete pad mounted equipment and necessary fixtures and appurtenances, in, under, and upon the hereinafter described Easement, together with the right to ingress thereto and egress therefrom and across that certain real property, in the County of Orange, State of California, described as follows: Parcel 1-E-1.1 of Lot Line Adjustment No , Recorded April 15, 2003 as Instrument No , of Official Records in the Office of the Recorder of Orange County. The said Easement and Right of Way in the aforesaid land shall be appurtenant to the land, being a strip of land 6.00 (six feet) in width, being 3.00 (three feet) measured at right angles on each side of the Telecommunication Facilities to be installed, the approximate location being more particularly described and delineated as Telecommunication Facilities on Exhibit A and Exhibit B attached hereto and made a part hereof. Grantee shall be liable to Grantor for any damages, which may occur to the above described property, by reason of negligence on the part of the employees or agents of the Grantee, while placing, maintaining, or removing its equipment or services. Grantor further grants to Grantee the right to grant any or all of the rights granted in this Easement, in whole or in part to Cox Communications California, LLC. Page 1 of 3

4 Page 2 of 8 This agreement shall be binding upon and inure to the benefits of the heirs, successors in interest and assigns of both parties. IN WITNESS WHEREOF this instrument is executed this day of, ELIZABETH WHITE VP, Outside Plant Maint. & Const. For Cox Communications California, LLC. Grantor Company Name: SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT BY:_ Signature NAME: Print Name TITLE: R/W File No.: Project: CB00301 Valencia Av/ Red Hill Av/ Bell Av/ Victory Rd/ Armstrong Av, Tustin CA Page 2 of 3

5 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT Page 3 of 8 STATE OF CALIFORNIA COUNTY OF ORANGE On, before me, Name, Title Officer, e.g. Jane Doe, Notary, Notary Public, personally appeared Name(s) of Signer(s) 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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 Signature of Notary Public (space above for Notary Seal) CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) CORPORATE OFFICER(S) PARTNER(S) LIMITED ATTORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: GENERAL SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) Page 3 of 3

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8 Page 6 of 8 EXHIBIT "B" EXHIBIT A R.W The legal description of the easement area is as follows:

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10 Page 8 of 8 The easement being within the following described boundaries: A 6.00 foot strip of land, lying 3.00 feet on each side measured at right angles on each side of the Telecommunication Facilities