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