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E-516 Drainage Easement, Stevens Canyon Rd When recorded, return to: County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Record without fee under Section 6103 California Government Code DRAINAGE EASEMENT Park: Stevens Creek Project: Stevens Canyon Road APN: 351-10-27 COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation (CITY) An easement for storm drainage on all that real property in the County of Santa Clara, State of California, described on the attached Exhibits A-1 and A-2, under the following conditions: 1. Indemnity -CITY shall indemnify, defend and ht~ld harmless the COUNTY, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of the exercise of this Easement by CITYs agents, employees, or subct~ntractors. CITY shall reimburse the COUNTY for all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising out of CITY's exercise of this easement. Excepted from this indemnity are losses, injuries or damage caused by the acts or omissions of the COUNTY. 2. Reversion - If the easement area described in ExhibitsA-1 and A-2 is not used for Drainage Easement for a consecutive twelve month periorj, and such use is not resumed within thirty days after COUNTY'S written notice to CITY, then CITY shall extinguish this Easement by executing such documents as are reasonably necessary to accomplish the same, and COUNTY shall thereafter own the property free and clear of any such easement. When COUNTY receives CITY's document that clears this easement; COUNTY shall reimburse CITY the $310 purchase price within 45 days. ' ' ~ `y~ ~ t/ Dated: JUG Q ~~ ~~~~ ~(./"~~ Donald F. Gage Chairp State of California County of Santa Clara ) ss. On -~~! ~i , 2002, before me, He e./ -~rc~~ SGt1~~°y.S a Notary Public in and for said State, personally appeared Donald F. Gaae who F~roved to me on t e basis of satisfactory evidence to be the person whose name is subscribed to this instrume~~t, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted executed the instrument. ` HELEN IRENE SALYERS ~~ N d Comm. # 1194807 -rnn NOTARY PUBLIC-CALIFORNIA ~1 Notary Public "~ , ~ Santa Clara County r7j^ r.: a My Comm. Expires Aug. 29, 200 o~~~~N~~ ,grainage Easement-City of Cupertino-St. Canyon Road P o 4 ~~~~~~ DRAINAGE EASEMENT Exhibit A-1 Park: Stevens Creek Project: Stevens Canyon Road APN: 351-10-27 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the parcel as described in that cert;iin deed to the County of Santa Clara, recorded on January 10, 1966 in Book 7241 of Official Records at Page 721, Santa Clara County Records, more particularly described as follows: Commencing at a monument at Station 28+17.11 as shown along the monument line of Stevens Creek Road on that certain Record of Survey recorded on o~Sr?~1 _, 2001 in Book'142 of Maps at Pages ~ through ?~ ,said county records, being the beginning of a curve to the left from a tangent that bears South 66°48' 16" West; Thence southwesterly along said curve having a radius of 325.00 feet, through a central angle of 15°55' 11", for an arc length of 90.30 feet; Thence leaving said monument line and curve along a radial line, South 39°06'55" East, 58.69 feet to a point on the northwesterly line of the above described parcel, said point being the TRUE POINT OF BEGINNING. Thence leaving said northwesterly line, South 21°35' l6" West, 43.29 feet; Thence South 85°23'47" West, 11.14 feet; Thence North 21°35' 16" East, 33.79 feet to a point o~i said northwesterly line; Thence along said northwesterly line, North 56°19'35" East, 17.55 feet to the TRUE POINT OF BEGINNING. Containing an area of 385 square feet, more or less. A plat showing the above-described pazcel is attached herein and made a part hereof as Exhibit A•:Z. This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. ~~S~V ,AND SU~`~~ 81~.LY MARTIN ~ ERP. 6/3Q/2004 ~ ~ . ~ No. 5797 \Q . /~ ~~ °' 191. pQ~~ ~ Dated: ~.o ~ Z`f zoo/ Billy Martin, LS 5797 ~ ~f CA1-fir` License Expires 6/30/2004 K EABDOC Drainage Easement-City of Cupertino-St. Canyon Road Page 2 of 4 Park: Stevens Creek DRAINAGE EASEMENT Project: Stevens Canyon Road Exhibit A-2 . APN: 351-10-27 4a,~6,W P ~ 8 ~ 5 66 5 .~®i~gg. ~p 3°~ ~ 2a~~~ ~~ ° D'=' po , ~ ~~NE .25 4355 OR 292 ~~^~~ ~vMEN~MPP 23' ~ MR ~~~° OP's ~ PE ~ ~ N~pN GP / ` ~' s ~~ xp ~ ss s ~~ ` s ' ~ ~ `~ .~,~. •~ COUNTY OF SANTA CLARA \ i ~ 4355 OR 292 ~ ~ T.P.O.B. DRAINAGE EASEMENT 385 sq. ft. COUNTY OF SANTA CLARA 7241 OR 721 L~ i L2 LEGEND - - - PROPERTY LINE - EASEMENT LINE - - -MONUMENT LINE OR - OFFICIAL RECORDS P.0.8. - POINT OF BEGINNING T.P.O.B. - TRUE POINT OF BEGINNING lv, l.ri rli~ J i BILIY IIAAR7IN°o ~ EXP.6/3QR004 ~} _ Na 5791 QI LINE TABLE LINE BEARING LENGTH L1 S 21°35'16" W 43.29' L2 S 85°23'47" W 11.14' L3 N 21°35'16" E 33.79' L4 N 56°19'35" E 17.55' Subject DRAINAGE EASEMENT 540 Price Avenue STEVENS CANYON ROAD , CUPERT I NO_ Redwood City, CA 94063 ,lob No. 990204 COME YLtINO ENGINE [Nf 650/482-6300 g KT Date 09 20 O1 Chkd. ML 650/482-6399 (FAX) y SHEET 1 OF 2 Drainage Easement-City of Cupertino-St. Canyon Road Page 3 of 4 Project: Stevens Canyon Road APN: 351-21-9 CERTIFICATE OF ACCEPTANCE CITY OF Cl1PERTINO This Certificate of Acceptance is given to comply with Section 27281 of the government Code. This certifies that the interest in real property conveyed by the Drainage Easement dated May 7, 2002, from the County of Santa Clara to the City of Cupertino, a government agency, is hereb~r accepted by order of the City Council on April 15, 2002, and the Grantee consents to its recording by the City's duly authorized officer. Date: ~ /~ ~ / ~ ~ B ~:O~l/1 Q • ~ Y Administrative Clerk City of Cupertino Drainage Easement-City of Cupertino-St. Canyon Road Page 4 of 4