CC Resolution No. 98-199RESOLUTION NO. 98-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR OVERLAND STORM DRAIN
PURPOSES FROM WESTERN DIOCESE OF THE ARMENIAN CHURCH
OF NORTH AMERICA, A CALIFORNIA CORPORATION, 11370 SOUTH
STELLING ROAD; APN 362-25-032
WHEREAS, Western Diocese of the Armenian Church of North America, a
California Corporation have executed a Grant of Easement for Overland Storm Drain
Purposes 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 overland storm
drain 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 at 11370 South Stelling Road.
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 3rd day of August, 1998, by the following vote:
Vote
Members of the City Council
AYES: DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: BURNETT
ABSTAIN: NONE
ATTEST:
RQVE
Mayor, City of Cupertino
DEC-31~9? lIED 09:29 ~M P. ~1
GRANT OF EASEMENT
OVER.LAND STORNI DRAIN
_~.~2[/,_S2Tt~_P~t DIOCESE OF THE ARM EN. IA_IS..CHURt2H Of_NORTH AMERICA.
A CAI .]FORNIA
Hereinafter call G~NTOR, hereby grants to the CITY OF CUPERTinO, a municipal
refutation, hereinafter call~ G~NTEE, ~e right to excavate, m~ntain and use for
overland storm drain pu~oses as Grantee shall from time to time elect wi~in the
hereinafter describ~ prope~y of those ~ain premises which are situate in the City
Cupertino, County of Santa Clara, State of California, and describ~ as follows:
(Description Attached)
G:antor hereby lhrtlier grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for fl~e purpose of
locating, maintaining or doing any necessary or lawful act in comlection with the
maintenance of said easement; there is also granted the right of the use of sufficient land
contiguous to said strip on either or both sides thereof for the purpose of excavation of
and deposit of e~rth and necessary building material during the time of any repair of~e
said overland drainage easement.
The foregoing is subject to the following express conditions:
1. Gramor is solely responsible for the surface maintenance of the surface overflow
valley gutter fi.om leaves, debris or other obstructions.
2. Grantor is solely responsible for the maintenance and cleaning of the storm drain
pipe, valley gutter and catch baalp.~ on the Grantors property and the storm drain
pipe installed by the Western Diocese of the Armenian Church of North America
on :he property as described in that certain Private Strum Drain Easement filed for
record in Book J994 of 0fticiai Records at page 901, Santa Clara County Records.
Ammal maintenance shall include as a minimum, inspection and cle~n or flushing
existing pipeline, and cleaning of leaves and debris from catch basin grates and
valley gutters.
3 The concrete surface overflow valley gu!tar shall be constructed on the easterly
property line and shall not be modified except with the expressed approval of the
Grantor.
'llte Orantee agrees to restore the ground surface and any improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION SCALE:
~TOR/V/ DR/71N £/~S£/¢/ENT DATE:
· JOB NO.