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CC Resolution No. 98-018RESOLUTION NO. 98-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF EASEMENT DEED GRANTING TO THE SANTA CLARA VALLEY WATER DISTRICT AN EASEMENT FOR 1NGRESS AND EGRESS PURPOSES OVER CREEKSIDE PARK FOR CREEK MAINTENANCE BE IT HEREBY RESOLVED that the City of Cupertino grants to the Santa Clara Valley Water District an easement for the purposes of ingress and egress over Creekside Park for access to the District's facilities for creek maintenance, all as more particularly described in the attached Easement Deed; and BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to sign the Easement Deed on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 54 day of January, 1998, by the following vote: Vote Members of the Ci_ty Council AYES: Bumett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk AP OVED: ~ , Mayor, City of C~pertino X[ RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 EASEMENT DEED (INGRESS/EGRESS) · SPACE ABOVE THIS UNE FOR RECORDER~ USE DOCENT NO.: 2010-213 CITY OF CUPERTINO , hereinafter "Grantor", does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a public corporation ("District"), an easement for the purpose of ingress and egress on, upon, over, .and across that certain real property, in the City of Cupertino , County of Santa Clara, State of California, described as: Being a portion of that certain 13.069 acre parcel of land, as shown on that certain Record of Survey, which was filed for record on January 2, 1962, in Book 141 of Maps, at Page 44, Santa Clara County Records, being more particularly described as follows: Beginning at the most northwesterly comer of said 13.069 acre parcel, said point also being the centerline of Calabazas Creek, as shown on said Record of Survey, thence, along the northerly boundary of said 13.069 acre parcel, S 89°48'15"E 400.30 feet; thence, leaving said northerly boundary, S 76°10'38"E 135.82 feet; thence S 45°25'36"E 43.03 feet; thence $ 9°42'49"E 49.96 feet, to a point on the easterly boundary of said 13.069 acre parcel, said point also being on the northerly boundary line of Calle De Barcelona, as shown on said Record of Survey; thence along said easterly boundary, S 00°30'00"E 50.00 feet, to an angle point on said easterly boundary; thence, continuing along said easterly boundary, S 89°30'00"W 18.28 feet, to an angle point on said easterly boundary; thence leaving said easterly boundary, and continuing along the last mentioned bearing, S 89°30'00"W 6.72 feet to a point on a line parallel and 25.00 feet distant, measured at a right angle, to the easterly boundary of said 13.069 acre parcel; thence, along said parallel line, N 00°30'00"W 47.99 feet; thence leaving said parallel line, N 9°42'49"W 39.90 feet; thence N 45°25'36"W FC 1246 (03-01-96) 2010-213 28.10 feet; thence N 76°10'38"W 125.96 feet, a point on a line parallel, and 25.00 feet distant, measured at a fight angle, to the northerly boundary of said 13.069 acre parcel; thence along said parallel line, N 89°48'15"W 402.92 feet to a point on the westerly boundary of said 13.069 acre parcel, said point also being on the centerline of Calabazas Creek; thence, along said westerly boundary N 14°32'42"E 1.20 feet to an angle point in said westerly boundary; thence, continuing along said westerly boundary, N 12°45'18"E 24.42 feet to the POINT OF BEGINNING. Containing an area of 0.380 acre, more or less. DO NOT WRITE ABOVE THIS LINE Said easement area shall be kept clear of any type of building, fences, structure, pavement, or trees, other than those presently existing, unless prior written approval is obtained from District. Grantor shall indemnify, defend, and hold District harmless from every expense, claim or liability by reason of injury (including death) to persons or damage to property, other than any damages' proximately caused by District, arising out of the use of premises described above. (As used above, the term "grantor" shall include the plural as well as the singular number and the words "himself' and "his" shall include the feminine gender as the case may be.) Dated this ....................... day of ............................... .19 .......... .. STATE OF CALIFORNIA COUNTY OF SANTA CLARA ALL-PURPOSE ACKNOWLEDGMENT SS On this ................................ day of .................................................. , in the year ............. ,..before me ...................................................................... personally appeared Name(s) of Signer(s) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the w~thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. WITNESS my hand and official seal. [] Individual [] Corporate Officer(s): [] Partner(s) I"I Limited [] Attorney-In-Fact Notary Public in and for said County and Sta~e CAPACITY CLAIMED BY SIGNER Ttlougl~ s~alute does not require ~ Notary to fill in the data below, doing so may prove invaluable to persons relying on ~ document. [] Trustee(s) [] Guardian/Conservator I-I General ~ Other: Signer is Representing (Name of Person(s) or Entity(les) i: FC 1246 (03-01 LEGEND TANGENT NO. BEARING DIST. TAB LE --'--.>./~. ,¢~'¢ _¢ ,,cra MILLER AVENUE 23 C7: OD 20431 Sfeven~ C[eek Blvd., Suite 230 Cupedlno, CA 9~14 ~408) 257-~448 (,108) 257-6456 (Fax) PLAT TO ACCOMPANY LB3AL DESCRIPTION 25' INGRESS / EGRESS EASEMENT FOR S.C.V.W.D. CU PERTI N O, CALIFORNIA JDATE: 9 - 26-97 JSCALE: f- IOO' J DRy. WN: ET. SHE=T I OF I