CC Resolution No. 98-156BRESOLUTION NO. 98-156B
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 4,
FOR WATER SYSTEM FACILITIES PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Water System Facilities, 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 water system facilities 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 15~ 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, ~ity of Cupertino~
When recorded, return to:
County of Santa Clara
ParJcs &l: J~ecreat~on Department
298 Garden Hill Drive
Los Gatos, CA 95032
Recorded without fee under Section 6103
Government Code of the State of California
EASEFIENT DEED
Park:
Proiect:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 4 (Water system facilities)
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 maintenance and replacement of water system 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 6~ 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.
Date
State of California )
County of Santa Clara )
personally appeared B anca ^lvarado. who proved to me on the basis of satBfacto~t evidence to be the person whose name is
sub~cdbed to th~ in~trument and acknowledged to me that ~he executed the same in her capacity, and that by her signature on the
~nstrument the person or the entry upon behalf of which the pe~on acted executed the [mtrument.
~ Notary Public ~,~
· t~l~7.~' Santa Cla~a County
EASEHENT DEED. EXHIBIT
Park: Rancho San Antonio
Projea: O~k V~)ley. Tract No. 9054
APN: 3~2-5-62
Hap P. ef.: EFC ~. (Wa~er system facilities)
All that real property situate in the City nf Cupertino, County of Santa Clara, State of California being
a portion of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977
in Book D197 ot'Offlcial Records at page 696 recorded in the Off, ce o~'the Recorder of the County
of Santa Clara, State of California being more particularly described az follows:
BEGINNIHG at the most southerly comer of said parcel; thence along the southwesterly line of said
parcel Noah 43°21'29" West, a distance of 1480.18 feet; thence South 46°38'31" West, a distance
of 304.26 feet to the TRUE POINT OF BEGI]qNING; thence South 65°59'35" West, a distance of
98.05 feet to the beginning ora non-tangent curve to the left fi.om which point a radial line bear~
South 65°03'51" West; thence along said curve having a radius of 335.00 feet, through a central angle
of30°03'51", an arc length of 175.78 feet; thence North 55°00'00' West, a distance of 106.53 feet
to the beginning of a tangent curve to the right; thence along said curve having a radius of 330.00
feet, through a central angle of I 1 °20'00", an arc length of 65.28 feet; thence North 43 ~40'00"
a distance of 18.74 feet to the beginning ora tangent curve to the right; thence along said curve
having a radius of 70.00 feet, through a central angle of 92°05'00", an arc length of 112.50 feet;
thence North 48°25'00" East, a distance of 213.96 feet to the beginning of a tangent curve to the
fight; thence along said curve having a radius of 515.00 feet, through a central angle of 11'28'00",
an arc length of 103.07 feet; thence North 59°53'00" East, a distance of 125.01 feet; thence South
31 ° 56'00" West, a distance of 64.01 feet; thence South 59° 53'00" West, a distance of 68.47 feet to
the beginning of a tangent curve to the left; thence along said curve having a radius of 485.00 feet,
through a central angle of l 1 °28'00", an arc length of 97.06 feet; thence South 48°25'00" West, a
distance of 213.96 feet to the beginning of a tangent curve to the left; thence along said curve having
a radius of 40.00 feet, through a central angle of 92°05'00'', an are length of 64.29 feet; thence South
43 °40'00" East, a distance of 18.74 feet to the beginning of a tangent curve to the left; thence along
said curve having a radius of 300.00 feet, through a central ~gle of 11 °20'00", an arc length of 59.34
feet; thence South 55°00'00'' East, a distance of 106.53 feet to the beginning of a tangent curve to
the right; thence along said curve having a radius of 365.00 feet, through a cemral angle of
23 °03'05", an are length of 146.85 feet; thence North 65° 59'35" East, a distance of 75.43 feet to the
beginning ora non-tanBent curve to the left from which point a radial line bears Noah 80° 15'39"
East; thence along said curve having a radius of 140.00 feet, through a central angle of 18°34'03",
an arc length of 45.37 feet to the TRUE POINT OF BEGINNING, containing an area of 29,271
square feet more or less.
The bearing Noah 8 ! ° 11'40" East of the northerly line oftha 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 County Records, State of Califorrfia is used as the basis of bearings.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit
This description was prepared by me or under my direction in conformance with the requirements of
the Land Surveyors Act.
Expires: 3/31/2002
Dated:
EASEMENT DEED- EXHIBIT
Park:
Proiect:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley- Tract No. 9054
~42-5-62
RFC 4 (Water system facilities)
Bearing Table
NO. 8eorinq Oistonce
L1 S 65`59'5S' W 98.05'
L2 N §6'00'00' W 106.53'
L5 N 43'40'00' W' 18.74'
L4 N 48'25'00' £ 215.96'
L5 N 69'53'00' E 125.01'
L6 S 51'56'00' W 64.01'
L7'$ 59'53'00' W 68.47'
LR S ~8'25'00' W 215.96'
L9 S 45'40'00" [ 18.74'
LIDS 5§'00'00" E 106.55'
Lll N 65'59'5,5" £ 75.43'
Curve Table
No. Radius 0elta Lenqth
C! ,355.00' ,30'05'51 ' 175.78"
C2 550.00' 11'20'00' 65.26'
C5 70.00'g2'05'00'~ 112.50'
C4 5 $ 5.00' 11.28'00' 1 O,1.07'
C3 485.00' 11'28'00' 97,
C6 40.00'g2'05'00' 64.29'
C7 500.00' 11'20'00' 5g.54'
C8 365.00'25'0,,T05' 146.
C9 140.00'18',14'05' 45.57'
RANCHO SAN ANTONIO
COUNTY PARK
PARCEL A
BK D197 OR PG 696
540 Pr;ce A~nue
Redwood C;t~ CA 94065
650/482-6500
550/462-6599 (FAX)
Subject
Job No.
By RCS
EXHIBIT 'B"
WATERLINE EASEIvlENT
960069-20
Date 04/07/98Chkd.
SHEET 1 OF