CC Resolution No. 98-156D- RESOLUTION NO. 98-156D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FROM COUNTY OF SANTA CLARA
DEPARTMENT OF PARKS AND RECREATION FOR TRACT NO. 9054, EFC 6,
FOR RIGHT OF WAY, PUBLIC UTILITIES, AND STORM DRAINAGE
PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Right of Way, Public Utilities, and Storm Drainage,
which is in good and sufficient form, granting to the City of Cupertino, County of Santa
Clara, State of California, easement over certain real property for right of way, public
utilities, and storm drainage purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which
is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located as shown on the attached Exhibits
"A" and "B".
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15t~ day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Mayor, City of Cupertino
When recorded, re~urn to:
Coun 0f Cbr3
Parks Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
EASEFIENT DEED
Park:
Project:
APN:
I'~ap Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities
storm drainage)
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 public right-of-way, underground public utilities and storm drainage facilities over the real property in
the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the
following conditions:
6
7.
8.
CITY shall maintain the facilities in the easement area and the access to the facilities.
CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be
implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be
deemed approved.
After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to
begin.
If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24
hours of starting the repairs, identifying the exact location and nature of the repairs.
CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's
Director of Parks &: Recreation. CITY shall take all means necessary to safeguard the public during any repair,
maintenance or construction work.
CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was
begun.
CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or
state listed species and preserve public access to park lands.
CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise
of its easement rights.
a Alvarado, Chairperson
State of California )
County of Santa Clara )
On __~/__ ____, 1998, before me, - ,a Notary Public in and for said State,
personally appeared Blanca Alvarado, who proved to me on the basis of satisfactory'evidence to be the person whose name is
subscribed to this Instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument the person or the entity upon behalf of which the person acted executed the instl~u~en.[,
! ~.',~7)' Santa C~ara County
EASEi~ENT DEED- EXHIBIT A
Park:
Proiect:
APN:
Map Reft:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities
storm drainage)
All that real property situate in the City of Cupertino, County of Santa Clara, State of California
being a portion of the Lands of County of Santa Clara, aa shown on that certain Record of Survey
reCorded on October 2, 1979 in Book 450 of Maps at page 41 in the Official Records of the County
of Santa Clara, State of California and being more particularly described as follows:
BEGINNING at the most easterly comer of Parcel B as said comer is shown on that certain tract
map entitled "Tract No. 9054, Oak Valley - Unit 1," recorded on in Book
of Maps at pages inclusive, Santa Clara County Records; thence along the
southerly line of said Parcel B South 81°l 1'40" West a distance of 73.50 feet to the TRUE POINT
OF BEGINNING; thence leaving said southerly line South 85°00'00" East a distance of 38.99 feet
to the beginning ora tangent curve to the right; thence along said curve having a radius of 194.00
feet, a central angle of 60°00'00', an arc length of 203.16 feet; thence South 25°00'00'' East a
distance of 55.72 feet to the beginning of a tangent curve to the let~; thence along said curve having
a radius of 206.00 feet, a central angle of 49°23'50'', an arc length of 177.60 feet to the
southwesterly line of the lands of the Roman Catholic Bishop of San Jose as said lands are described
in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at Page 1393,
Official Records of San~a Clara County; thence along said southwesterly line South 09°27'06" E~t
a distance of 54.06 feet to the beginning of a non-tangent curve to the fight firom wi-rich point a radial
line bears South 10°2g'19'' West; thence leaving said southwesterly line along said curve having a
radius of 256.00 feet, a central angle of 54°31'41'', an arc length of 243.63 feet; thence North
25°00'00'' West a distance of 55.72 feet to the beginning ora tangent curve to the left: thence along
said curve having a radius of 144.00 feet, a central angle of 60°00'00'', an arc length of 150.80 feet;
thence North 85°00'00' West a distance of 51.56 feet to the beginning ora tangent curve to the right;
thence along said curve having a radius of 196.00 feet, a central angle of 28°34'30'', an arc length
of 97.75 feet to the southerly line of said Parcel B; thence along said southerly line North 81°l 1'40"
East a distance of 109.48 feet to the TRUE POINT OF BEGINNING, containing an area of 27,319
square feet more or less.
A plat showing the above described parcel is attached hereto and made a part hereof aa Exhibit "B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyofs-Act.
Expires: 3/31/2002
EASEHENT DEED- EXHIBIT B
Pr~ect:
APN:
Nlap ReL:
Rancho San Antonio
Oak Valley- Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities
storm drainage)
THE FORUM LIFECA~E
~OOK ;~2D2 OR PAGE L3~3
BOOK
PARCEL ~
TRACT NO. g054
OA~ VALLEY UNIT I
MARS RAGES_
(~ $ 85'00'00" E 58.99'
® A = 60'00'00" R=194.00' L=205.16'
(~ $ 25'00'00" E 55.72'
(~) ~, =49'2,¥50" R= 206,00' L=177.60'
(~ ~. =54'31'¢1" R=256.00' L=243.65'
(~) ',i 25'00'00" w 55.72'
(~) A =60°00'00" R=144-.00' L= 150.80'
(~) N 85'00'00" w 51.56'
® Z~ =26'34'30" R=196.00' L=97.75'
540 Pr[ce Avenue
Redwood Cit~ CA 94063
650/482-6300
650/482-6599 (FAX)
Subject EXHIBIT
PUBLIC ROADWAY & UTILITY ESMT.
Job No. 960089-20
By JMP Date 04-20-980hkd. BA8
SHEET 1 OF