CC Resolution No. 8508
RESOIlJI'ION NO. 8508
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF aJPERl'INO
APPRJVING AND AUIHORIZING THE EXEaJTION OF l\MENmENl' 'IO
GRAN!' OF 'WATER SYSrEH:F.I\SEIŒNl'; QUITCIAIMING ORIGINAL
WATERLINE FASEMEN'I'; A<.x..:ta:'.1'.wG NEW WATERLINE EASEMENT;
~ CIARA CXXJNI'Y-IN OONJUNCrION wrrn FORlJM PROJEcr
WHEREI\S, the City Council on February 5, 1990, approved ~ FOR
GRAN!' OF 'WATER SYS'IB( :F.I\SEIŒNl' FOR cnIS'.IKJCI'ION, OPERATICIl AND MAINl'ENANCE
OF WATERLINE Aæœs IANœ OF CXXJNI'Y amen;¡ the following parties: County
of Santa Clara, Fo:rum Lifecare, Inc., the Raman Catholic Bishop of San
Jose, and the City of CUpertino, relative to the Fo:rum project on Foothill
Boulevard; and
WHEREI\S, presented to the City Council is l\MENmENl' 'IO GRAN!' OF WATER
SYSTEM :F.I\SEIŒNl'; to co=ect the description of the easement attached
hereto and made a part hereof; and
WHEREI\S, it is necessary to quitclaim to the County the original
easement accepted by the City by Resolution No. 8043, February 5, 1990;
and
WHEREI\S, it is also neceESary to accept from the CountY a new water
line easement as Irore particularly described in the attached grant of
easement.
NOW, 'lHEREFORE, BE rr RESOLVED that the City Council of the City of
CUpertino hereby approves and authorizes the Mayor and the city Clerk to
execute the l\MENmENl' 'IO GRAN!' OF WATER SYS'IB( :F.I\SEIŒNl'. Said Amendment
contains provisions wherein the city of CUpertino quitclaims the original
easement to the County of Santa Clara, and the County in return grants to
the City of CUpertino a new easement.
BE IT FURlHER RESOLVED that the city of CUpertino hereby accepts the
new waterline easement hereby ten:lered by the County of Santa Clara.
RESOIlJI'ION NO. 8508
PASSED AND AOOPI'ED at
City of CUpertino this
following vote:
Vote Members of the citv COUncil
a regular meeting of the City Council of the
16th day of September , 1991, by the
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENI': None
ABSTAIN: None
APPR:>VED:
/s/ Barb Koppel
Mayor, City of 0Jpertin0
ATI'EST:
/s/ Roberta A. Wolfe
City Clerk , Deputy
-, SEP-12-'91 THU 14:16 JD:SCC COUNTY COUNSEL TEL-NO: 408-292-7240
.. a J
11619 P01
_. f·
"
AIŒHDMBNT TO G~ OF WATER SYSTEM EUEMEN'1'
This Amendment to Grant of Water System Ea.ement is made this
day of , 1991, by COUNTY OF SANTA CLARA, a
political subdivision of the state of California ("County") and
CITY OF CUPERTINO, a municipal corporation (lIcity").
IŒCITALS
A. COUNTY granted certain underground easements to CITY by
that Grant of Water System Easement dated February 13, 1990 which
was not recorded. The legal description of the propos.d location
of the water system was attached as Exhibit "15" to the Grant of
Water System Ea.ement. The Grant ot a Water System Easement was
attached as Exhibit "E" to that Agreement for Grant ot a Water
system Easement for Construction, Operation and Maintenance of
Water Line Across Lands of County ("Aqreement for Grant of a Water
System", hereinafter), dated February 13, 15190, together with said
legal de.cription attached as Exhibit "15" thereto.
B. Said Agreement for Grant of a Water Sy.tem and Exhibits
"A" through "E" were recorded on May 14, 151510, in Book L354, paqes
1233 through 1264 in the Official Records of the County ot Santa
Clara.
C. Exhibit "15" to the Water System Easement does not
reflect the actual area in which the water line for the water
system has been installed.
D. The partie. desire to amend the Water System Easement to
terminate the easement described in paragraph (b) of the Water
system Easement and to substitute in its place an underground
ea.ement described in the leqal description set forth in Exhibit .
"1" hereto.
NOW THEREFORE, the partie. agree as follows:
1. Grant bY countv. COUNTY, in consideration of CITY'.
aqreement to terminate the easement qranted over the real property
d.scribed in Exhibit "B" of the Water system Easement, grants to
CITY, its successors and asslqns, a riqht of way and ea.ement to
install, inspect, maintain, repair and replace water pipelines and
appurtenances thereto, to be used for transportinq water for a
fire flow system and potable water supply throUgh said pipelin.s.
Such riqht-of-way and easement ehall be fifteen (15) feet in width
A~I^IIIAI
.'.-..-.- ..
TELNO:---40S-292::'7240
I ,
11619 P02
."-.-..
SEP-12-'91 THU 14:17 ID:SCC COUNTY COUNSEL
'.
on an4 through the land belonging to COUNTY, located in the County
of Santa Clara, Stat. of California, a. de.erib.d in the legal
deecription attached hereto .e Exhibit "1".
2. Ouitclaim by city. CITY hereby quitclaima and
relinquiahes to COUNTY allot ite right, title and inter.at in the
"Eas.ment for 15' Water Line and Fir. Hydrants from Saint Joseph's
seminary over the Landa of Santa Clara Ccunty" a. ãe.er-ibed in
Exhibit liB" to the Water Sy.tem Ea.ement.
,
3. Reaffirmation, Except as amend.d hereby, the Water
System Eas.m.nt shall remain in full torce and effect.
IN WITNESS WHEREOF, COUNTY and CITY have executed this
Amendment to Grant of Water System Eae.ment effective aa of the
date firat aboye written.
COUNTY OF BANTA CLARA:
CITY OF CUPERTINO:
By:
DIANNE McK
Chairpereon,
Supervisor.
By:
of
Mayor
ATT \
c.~.t¡., ~
DONALD M. RAINS, Clerk
Board of Supervisors
ATTEST:
city Clerk
APPROVED AS TO FORM AND LEGALITY:
?4 '
KATH~RRÇ ~
Deputy County Counsel
APPROVED AS TO FORM:
City Attorney
TLJ/244
I Urian Kangas Fl :k
November 21, 1989
Revised January 17, 1990
Job No. 880186-00
Easement for 15' Water Line and Fire Hydrants
from St. Joseph's Seminary over the lands of
Santa Clara County
'Situate in·,the City of Cupertino, County of Santa Clara, State of
California ànd more particularly described as follows:
Being a portion of that certain parcel of land described in the Grant
Deed to the County of Santa Clara, as Parcel A, recorded October 11,
1977 in Book 0197 at Page 696, Series 5809130 in the Official Records
of Santa Clara County, State of California and of that certain parcel
of land described in another Grant Deed to the County of Santa Clara,
recorded January 19, 1981 in Book F858 at Page 38, Series 6957B03 in
said Official Records of Santa Clara County, State of California,
which portion is described as follows:
Parcell: 15.00' Wide Water Line Easement
A 15.00 feet wide easement for water line purposes 1yin9 7.50 feet on
each side of the following described line;
Beginnin9 at a point lying on that certain 1 ine described as North
81'11' 40" East 812.29 feet in said Grant Deed and sho~m on that
certain Record of Survey filed October 2, 1979 in Book 450 of Maps,
Page 41, Santa Clara County Records, and being distant thereon North
81'11'40" East 8.68 feet from the Southwesterly end of said line;
Thence along a 1 i ne 7.50 feet di stant from and para 11 e 1 to the
Northwesterly line preceding last said line, and described as North
39'03'39" West 219.48 feet in said Grant Deed, South 39'03'39" East
222.58 feet;
Thence along a 1 i ne 7.50 feet distant from and para 11 e 1 to the
Northeasterly line preceding last said line, and described as North
50'47'21" East 151.18 feet in said Grant Deed, South 50'46'21" West
168.75 feet to a point of non-tangent curvature;
Thence, Northwesterly along a curve to the left, whose radius point
bears South 50'46'21" West for 130.00 feet, along an arc length of
75.12 feet and through a central angle of 33'06'26", to a point of
compound curyature;
E X H IB 11
"B "
ConSI~1tng EnlJinc~ls
5i10 PllceAvenue
rb;lIwooo Úly, û\ 94ÚIJJ
415/3G5·0~12
FM415/JG5·12GO
, '1//
, Ie' .:r
f'
,
November 21, 1989
Revised January 17, 1990
15' Water Line Easement
Job No. 880186-00
Page 2
Thence, Westerly along a curve to the left, whose radius point bears
South 17'39'55" West for 280.00 feet, along an arc length of 166.32
feet and through a central angle of 34'02'00", to a point of tangent
1 ine;
Thence, South 73'37'56" West 17.00 feet to a point hereinafter
referred to as Point "A";
"
"
Thence, North 27'41'12" West 130.95 feet;
Thence, South 62'31'54" West for 250.71 feet;
Thence, South 44'47'48" West 208.76 feet;
Thence, South 80'15'11" West 159.28 feet;
Thence, South 61'44'45" West 267.63 feet; and
Thence, South 48'01'48" West 280.00 feet to the terminus of the
described centerline.
Parcel 2: Fire Hydrant Easement
A 6:00 feet wide easement for fire hydrant purposes lying 3.00 feet
on each side of the following described line.
Beginning at a point lying on that certain 1 ine described as South
50'47'21" West 168.75 feet in the aforementioned Parcell, 15' water
line easement and being distant thereon 30.00 feet from the beginning
of said 1 ine,
, ._ Thence perpendicular to last said line, South 39'12'39" East 11.00
feet.
Paf(~~l J: Tt:III JUI ¿:ry Ï6.QQ' 1:1;1'113 W:atD'" I inp Fa.s..emenir
Beginning at the aforementioned Poi
above, thence continuing Sout
as designated in Parcel 1
West 91.81 feet;
Thence Westerl g a curve to the right, whose radius point bears
North 16' " West for 240.00 feet, along an arc length of 36.00
feet d through a central angl e of 08'35' 40" to a point of non-
<t '
4tJ/f~
~
r,2ùf4
November 21, 1989
Revised January 17 1990
15' Water Line Eas~ment
Job No. 880186-00
Page 3
The¡,ce Nu,' LI, ~1>·53'oOf'-¡;ïestI19.04 teet. toT"'pörnr-ly'Tlfg-onthe
af..o./'emeflt-WfH!d 1'<1, ,-"l-1-:
END OF DESCRIPTION
Description Prepared by:
Rex A.,Betz, L.S. 5251
License~Expires 12/31/91
Signed ,~¿;;. ~
Dated .:Jë, 'tu. c< v'-,f '2~, /990
-- '" - RAB: pms : bc
'1 pÚ
í' .;) D I
r
L."'1<Jt>~ of THI!
C"'T"O"I<:- &loftNO,. ÞF f!ÞAN Jose ..
, .,
'eT. JO&.'" co.....". ,""
co "
: _~ 0 "A~~~L-
r.¿>·&.: -:-~iY FIIO! ~.,.o......NT
,,'N .... ~A'!>61-1 I'-I'IT
!' ""o~'''q'''''~
4> "'" ~ YV" I
·4ð ...-" I"'"@
~!Jj! 1
".-,
I" A 2. C ts ". I ~ ¡'j /.;.- <D
t. A N P~ of I' IÍ. í' '~
'-_""'=":-""'1'/ \:!.J
!>AIJTA CLA"'''' GOLlNT,. ,'1 - ì. ',.,.@
I" e ? Ð o. r:z. ~ eo '" I / ,/
/&'0::::,./ / /'..® PT. 'A'
V::.I 1./ /.
/:: .~-=-I··"@
1/ (v
I (
'I P A 2. C ts ".
I~ 1'7' WATI1.R I.INE:
1'1 Iã\ I':A~f.Ivle.IJT
1 "'\2)
J:
/'1
/'1
/,¡ .....€)
é
1/
I I
1/
I /
1/,-<0,
II
/y
II
I,
II
, ,
It·..@
Ii,'
&
~--~. -_.
?
.~
PAItCe.\..
t I;' W^'f~1'-
"'A",¡¡MeN""
I
L.INI!
PA~C,t?\...
A
..ANP~ of
oS"'WTA GL......... GDUNTY
0'''' ,
O.It.
"".. c:;.
(4'70 1.1.1.1"<>
.jp(~
øX /
4 I)
----
0 PHT.../ tof.AIL r-JG ItADIU6 1..1':1'I/t>I€>'f.
(0 o;;~.,'o~' !>q"l! 'L'L'Z."&
CD S?o"4':'2.I·W Ib8. ,e:;
® !>~" or..' '2.r.." I~". 00 ,';.11.-
@ '30+.02.'&10- -¡'ØD.OO I <- ...?>Z-
® ~'~":n!5"""" 'H~I
@ oe>"~';'+o' l.40.00 ~ c..OO
ø N<;Go" ??>' oo"w II'!. Þ+
0 ~ <-..." ?> I ' '2. '7 "W 'L <; D.' I
® 544"4,'4&"W ~oÐ.'·"
@) seo·'S'I'''W II? < ," f,
C0 os ..1"4-4' 40;' W 'Z<-'. Go3
@ S48"DI'4-8"W l8D."'O
@ <? 1"1' '!>1' <;Cø'W 11..00
® N'Z.ì"41'1,." W I?¡O.~"
....
r, 4 {)¡J4
/l.-"
'LAT TO AGGooMI'AI-IY A I..E~"'I. DE'.!>c::r:zI'Tlol-I ro"- A Ie:;' WA'TEIt I.INe: AND
f"1~f. IIYP...Ar-J'f 'AIt.c::E.\.'!>
'£:1'1'( OF CUPP.ItTINO £:OUt\JTY OF ~AI-ITA ~I.AItA !1>TATIõ Of" vALlfOJ1.NIA
Brian Kangas Foulk
CONSULTING IENOIN('''S
540 Price Avenue
Redwood City. CA 94083
415/365·0412
SCALE: 1-· 'too
DRAWN BY' I.'(V
APPRDVED BY, to
DESIGNED BY
DATE: 1,' .~,qO
DRAW ING NO,
B801~c;.,po
"
I Brian Kangas Foulk
September 18, 1990
Job No. 880186.21
z~
. ~.. . ..
EASEMENT FOR IS' WATER LINE AND FIRE HYDRANTS
FROM ST. JOSEPH'S SEMINARY OVER THE LANDS OF
SANTA CLARA COUNTY
Consul1ingEnginéels
540 Price Avenue
~e_d DIY, i:A 94063
415/365,0412
fAX 415(.J65'1260
SITUATE in unincorporated area of the County of Santa Clara, State of
California and described as follows:
BEING portions of those certain parcels of land designated as (1)
"Parcel A" described in the Grant Deed to the County of Santa Clara
recorded October 11, 1977 in Book D197 at page 696, Series No.
5809130, in the Official Records of Santa Clara County, State of
California and shown on that certain Record of Survey filed October
2, 1979, in Book 450 of Maps at page 41 in the Office of the Recorder
of Santa Clara County, State of California; and (2) that certain
parcel of land described in a second Grant deed to said County of
Santa Clara recorded January 19, 1981, in Book F858 at page 38,
Series No. 6957803 in said Official Records of Santa Clara County,
State of California; said portions being more particularly described
as follows:
"
..
PARCEL 1: 15.00 FOOT WIDE WATER LINE EASEMENT
,7,"
BEING a 15.00 foot wide easement, by perpendicular measurement, for
.water 1 ine purposes, the centerl ine of which is described more
particularly as follows:
BEGINNING at a point lying at the intersection of that certain course
having a bearing and distance of North 81'11'40" East 812,29 feet
with a line drawn parallel to and distant northeasterly 7.50 feet by
perpendicular'measurement from that certain course having a bearing
and distance of North 39'03'39" West 219.48 feet as said courses are
called out in first-mentioned Grant Deed (S/N'5809130) and shown on
aforesaid Record of Survey; said POINT OF BEGINNING lying North
81'11' 40" East 8.68 feet from the westerly termi nus of fi rst:'call ed :,.
course (North 81'11'40" East 812.29 feet);
THENCE, leaving said POINT OF BEGINNING and line, South 39'03'39"
East 222.58 feet along last said parallel line to a point lying on
a 1 ine drawn parallel to and distant 7.50 feet southeasterly by
perpendicular measurement from that certain course having a bearing
and distance of North 50'46'21" East 151.18 feet as said course is ,.
called out in first-mentioned Grant Deed (SIN 5809130) and shown on
aforesa i d Record of Survey; , ',", ,'. ,
THENCE South 50'46'21" West 168.75 feet along last said parallel line
to ~ point of non-tangent curvature;
-
EXHIBIT 1
I of if
Serving Our Clients Since 1915.,
·'
September 18, 1990
Job No. 880186.21
Page 2
THENCE northwesterly' along a curve to the left, whose radiüs point
bears South 50°46'21" West 130.00 feet, along an arc length of 75.12
feet and through a central angle of 33°06'26" to a point of compound
curvature;
THENCE westerly along a curve to the left, whose radius point bears
South 17"39'55" West for 280.00 feet, along an arc length of 166.32
feet and through a central angle of 34°02'00" toa point of tangent
1 ine;
THENCE South 73 °37' 55" WesL17.00 feet long 1 ast sald tangent 1 i ne to
a point;
:
THENCE North 27"41'12" West 130.95 feet to a point lying on that
certain common line between aforesaid parcels granted to the County
of Santa Cl ara havi ng a beari ng and di stance of North 62 '31' 24" East "
495.73 feet as said line is called in aforesaid Grant Deeds (SjN
5809130 and SjN 6957803) and shown on afore~aid ,Record of Survey;
THENCE South 62°31'24" West 250.71 feet along last said line to a
point;
,
THENCE leaving last said line and meandering into that certain parcel
of land described in first-mentioned Grant Deed (SjN 5809130) and
shown on aforesaid Record of Survey along the following five (5)
courses:
(1) South 44°47'48" West 208.76 feet;
(2) South 80°15' 11" West 159.28 feet;
(3) South 61°44'45" West 267.63 feet;
(4) South 65°32'06" West 242.03 feet; and
..... . "'"
(5) South 10°44'11" West 60.00 feet to a point lying at the
terminus of the described centerline.
PARCEL 2: 6.00 FOOT WIDE FIRE HYDRANT EASEMENT
8EING a 6.00 foot wide easement, by perpendicular'measurement, for
fi re hydrant purposes, the centerl i ne of whi ch is descri bed more
particularly as follows:
.,
-
.... "
EXHIBIT 1
2. .f If- ''', . , '.,
. _ ..__....__..__~____~_..._._~___~ø_... .~,______..··._._,..~..............,.CL......-·..V_~~...,.yw...,....,·_·~,.,.",
t
:
["
September 18, 1990
Job No. 880186.21
Page 3
BEGINNING at a point lying on that certain course having a bearing
and distance of South 50'46'21" West 168.75 feet as called out in
the aforedescribed "PARCEL 1" (15.00 foot wide water 'line easement)
and lying distant South 50'46'21" West 30.00 feet from its
northeasterly terminus;
THENCE southeasterly and perpendicular to last said 1 ine, South
39'13'39" East 11.00 feet to a point lying at the terminus of the
described centerline.
Description prepared by:
Rex A. Betz, L.S. 5251
License expires 12/31/91
Signed: £ a ~
Dated: '';'er-f. /~ /990
RAB:bc
... ....
..... ...."
"
EXHIBIT 1
að{4'
I.ANP~ Of THIS
"'ATH"\.'''" £>I~H"" ÞF ~AN J"!>I! ..
, . ~
~T. JÞ!ór.I'H "'''\.1.""" _""
.. 1\1' c;)
: _j, 0 PAyZ.(';\S.l, ~
r.t>,~.: -,-;;¡V PI"! H'fPItANT
.' ï1 I>M,,"Me.NT
IIJ!' N,q'O~'3q'w¿ ,
7- q·4ð _~,~
~~~"'"®
'"
- ,
~--\ -:-' PAP. C. ~ \..
/./ ®
® 1-
',_:-:: ::--,t'll ?Ð ..
'I --..,:...~
" "'V
,
(j)'n.~ I
IJJ ,'.,
. //
.¡. "/
,N I
.iì hI
:?'
~.. 'I PArt C e ~
, ,¡¡------ 1'5' WATE>R I.INf:'
)I}-o'® e.A~IÓMe.IoJT
I,
/,'/
/'l
I: "'_0) 0 PE\.TA/ eo"A...1 "'Go,
ø Q) f>~"I0"~' ~q"lS .
l/,? ®
/,' ®
/, I
'I "-@ @
/'1 @. 0'~O ~7'S'!>" W
h @
/,I ø
/,'/
® // ®
l"~/ @
/,1 ~
K..® @
~ @
128558
.
.
PARc.~L. I
<t 16' WAT~ Z. I.INf;
E:A<&>e.M!!'NT"
PArtee ., I
I-ANPf> OF
~ANTA "'\.A"'A GOIANT,.
I' 6'" Ð o. 2. ~ eo
'Õ/N "'''1''''1603
"
..
'I'
?
,_..~
A
\.ANP~ 0"
SANTA G\.AaA ",oUNT,!,
..
Q....., O.~.
...., ...
"'IN seo"! ,~o
(450 MAPq, 4.)
ItAP'LI!Õ \.IóN/PI9T.
'l'lZ.\7&
~'>O·"c:;.' 21" W
~~. 0"" '2.","
lite, ,,,
1~0.00
10;·11-
304-· D2. I DO"
1.&0.00
I "''''.~2-
'11,00"
N '11·4" ''2." W
-:'G>'10 ~I' '2,4" W
-:'44° 47'4-ð'W
I'3P."IP.>
'2.So.71
WE!>. 76
'=' ~Oo 1'=>"'" W
-:'GI ° 44'4<:>' W
SG><:>O '3'l..'o(Ø·W
'510CL4~II"W
1'59.'2:8
·U;'l.féP.:t
'Z.4'Z.o'3
~o.oo
I'\.AT TO AGGoOMPAtJ'!' A \.1ó<WAI- Df.~Gr:tII'TlotJ fOR A .,,' WATER !-IN!! AND
FI r.E'II'tPRAIoJT I'ARC::; E.\..'!>
&IT't OF CUPI>RTltJO &t>Ul\JTY OF ~AtJTA &I.AItA 6TATI? 01' C:::Al-lfPltNIA
Urian Kangas Foulk
CONSULTING fNGINf:fRS
540 Price Avenue
Redwood City, CA 94063 EXH I B IT
415/365,0412 '
tJ
SCALE: 1-· t.øo
RAWN BY: !..'fV
PPROVED BY.. eo
ESIGNED BY,
DATE:'! IB <¡O
,DRAWiNG NO,
8801 1!> C:o.2;