CC Resolution No. 98-156CRESOLUTION NO. 98-156C
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 5,
FOR PUBLIC UTILITIES PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Public Utilities, 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 public utilities 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 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Bumett, Dean, James, Statton, Chang
None
ROVED: ~. ~ ,~
ayor, ~ty o upc tlno y
When recorded, return to:
County o[ Senu Clara
Parks e~ Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
EASEl"lENT DEED
Park:
Project:
APN:
Hap Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 5 (Public utilities)
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation, (CITY)
a non-exclusive easement for underground public utilities, including ingress and egress, and including, but not limited
to, water, gas and electricity in the rea[ 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 shaft 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.
State of California
County of Santa Clara )
On --./U'/'/~' ,-~ , 1998, before me, /'~- ,a Notary Public in and said State,
personally appeared Blanca Alvarado, who proved to me on the basis of satisfact~r~y 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 instrument.
EASEi~ENT DEED- EXHIBIT A
Pr0lec[:
APN:
b4]p Ref.:
I),.ancho San Antonio
Oak Valley · Tract No. 9054
34.2-5-62
EFC 5 (Public utilities)
All that real property situate in the City of Cupertino, County of Santa Clara, State of Cali£omia
being a portion of ?arcel A as said parcel is described in that certain deed recorded on October 1 l,
1977 in Book D197 of Official Records at page 696 in the O~c¢ of the Recorder of the County of
Santa Clara, State of'California being more particularly described as follows:
AREA A
BEGINNING at the most northeasterly comer of said parcel; thence along the northerb' line of said
parcel, South $1°I 1'40" West, a distance of 164.55 feet to the TRUE POINT OF BEGINNING;
thence South 33°15'21" Ea.nt, a distance of 20.37 feet; thence South 29009'55." West, a distance of
33.27 feet to the beginning ora non-tangent curve to the left, from which point a radial line bears
South 29009, 55"; ttmnce w~-xly along said curve having a radius of 194.00 feet, through a central
angle of 24°09'55", an am length of 81.82 feet; thence North 85°00'00" Wast, a distance of 38.99 feet
to the northerly line said parcel; thence along said line North 81 o I 1'40" East, a distance of 122.95
feet 'to the TRUE POINT OF BEGINNING, containing an ar~a of 2,488 sauare feet more of less.
AREA B
BEGINNING at the most northeasterly comer of said parcel; thence along the northerly line of said
parcel South 81°11'40" West, a dismace of 396.99 feet to the beginning ora non tangent curve to
the left, from which point a radial line bears North 33°34'30'' East; thence easterly along said curve
having a radius of 196.00 feet, through a central angle of 28°34'31 ", an are length of 97.75 feet;
thence South 85°00'00'kEast, a distance of 51.56 feet to the beginning of a tangent curve to the right;
thence along said curve having a radius of 144.00 feet, through a central angle of 24°09'55", aa arc
length of 60.73 feet; thence South 29009'55" West, a distance of 35.00 feet to the beginning of a non-
tangent curve to the left, fxom which point a radial line bears South 29°09'55TM West; thence westerly
along said curve having a radius of 109.00 feet, through a cenu'al angle of 24°09'55", an arc length
of 45.97 feet; thence North 85°00'00" West, a dismace of 51.56 feet to the beginning ora taagent
curve to the right; thence along said curve having a radius of 231.00 feet, through a central angle of
25°05'29", aa arc length of 101.16 feet; thence South 81°I 1'40" West, a distance of 381.95 feet to
the northerly line of said parcel; thence along said line the North 39003'39" West, a distance of 40.52
feet to aa angle point; thence continuing along said line North 81 o I 1 '40" East, a distance of 4,15.30
feet to the TRUE POI2xIT OF BEGINNING, ¢o~tainln$ an area of 21,104 square feet more or less.
The bearing Nor, i/81 °11'40" East of thc northerly line of the Lands of Santa Clara County as said
line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of
Maps at page 41, Santa Clara Couaty Records, State of Cahfornia is used as the basis of b~arings.
A plat showing the above described parcel is att~:hed hereto and made a pan hereof as Exhibit
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
~6141
Expos: 3/31/2002
Dated:
EASE~4ENT DEED- EXHIBIT B
Park:
Project:
APN:
~ap Ref.:
Rancho San Antonio
Oak Valley- Tract No. 90S4
342-5-62
EFC S (Public utilities)
THE FORUM
BKKZ~Z OR ?~ ~393
T.P.O.:
LAN[:~ OF THE
ROMAN CATHOLIC BE3HOP OF
SAN JOE, E
BK K2B2 OR PO L39J.
R-144.00'
A.24'09'$5o
L,-60.75°
R-109.00'
A.24'09'55'
L-4,5.97'
COUNTY OF SANTA CLARA
PARCEL A, BOOK D197
OFFICIAL RECORDS PAGE 696
s 55'~8'2~' c AREA A
20.57'
U TIU TY EASEMENT
(AREA-2.488 SQ.FT.:t )
29'09'65'
55,27'
Subject
540 Price Avenue
Redwooa City, CA 94065 Job No,
650/482-6500
650/482-6399 (FAX) By RCS
EXHIBIT 'B'
PUBLIC UTILITY EASEMENT
960069-20
Oate 04-17.-.98Chkd, BAB
SHEET 1 OF 2
EASEl"lENT DEED- EXHIBIT B
Project:
APN:
Map Ref.:
Rancho ~an Antonio
Oak Valley- Tract No. 9054
342-5-62
EFC 5 (Public utilities)
LANE,~_., OF THE
ROMAN CATHOUC BBHOP OF
SAN JCGE
DK ~'(282 OR PO .L391
COUNTY OF SANTA CLARA
PARCEL A, BOOK 0197
OFFICIAL RECORDS PAGE 696
T.P.O.B.'~
(AREA
Subject
540 Pri¢~ A',~nu~
Redwooa CR~ CA 94065 Job No.
650/482-6500
650/482-6599 (FAX) By RCS
EXHIBIT 'B'
PUBLIC UTILITY EASEMENT
960069-20
0ore 04-17~gSChkd, BAB
SHEET 2 OF 2