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CC Resolution No. 98-237RESOLUTION NO. 98-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR STORM DRAiN PURPOSES FROM KAISER CEMENT CORPORATION, A CALIFORNIA CORPORATION, STEVENS CREEK ROAD, APN 351-10-023 WHEREAS, Kaiser Cement Corporation, a Califomia Corporation, has executed a Grant of Easement for 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 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 o£Califomia, located on Stevens Canyon 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 21st day of September, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE AT/T~ST: . · City Clerk/ VED: ~f, ,~ Mayor, City of Cupertino GRANT OF EASEMENT STORM DRAIN PURPOSES APN: 351-10-023 Stevens Canyon Road Kaiser Cement Corporation, A California Corporation, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and use for storm drain purposes as Grantee shall from time to time elect within the hereinafter described property of certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Exhibit A & B) Grantor hereby further grants to Grantee the fight and privilege to enter upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating· constructing, repairing, maintaining, or replacing said storm drain or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said storm drain; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said storm drain and any repair thereof. The foregoing is subject to the following express conditions: The Grantee 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. WHEREOF, said parties have executed this Grant of Easement this 4- day · 19 q~ Owners: Kaiser Cement Corporation, By: Title: ¢ ~. ~)~ (Notary acknowledgment to be attached) (CITY OF CUPERTINO RESOLUTION NO. 98-237 ATTACHED) EXHIBIT A EASEMENT FOR CONSTRUCTION AND MAINTANENCE OF A DRAINAGE FACILITY, STEVENS CANYON ROAD CUPERTINO, CA All of that real property situate in the City of Cupertino, Santa Clara County, California described as follows: BEGINNING at an angle point in the Easterly boundary of Stevens Canyon Road, said point being at the Southerly terminus of the course designated as N33°32'18"W 121.57 feet in the document recorded in Book 4355 of Official Records at page 293, Santa Clare County records; thence along said Easterly boundary the following courses: N33°32'18"W 121.57 feet, N13°23'31"E 167.66 feet, N39°59'll"E 61.56 feet and N2°37'22"E 27.91 feet; thence leaving said Easterly boundary and continuing the following courses: S68°10'27"W 86.11 feet, S18°49'33"W 227.45 feet, S33°44'27"E 109.98 feet and S89°28'23"E 79.75 feet to the point of BEGINNING. Containing 0.51 acre more or less and lying within the City limits of Cupertino, California. Cu-drainage-easement ~ ~-. 4o' /--- LIMITS OF EASEMENT CANYON ROAD EASTERLY BOUNDARY Of STEVENS CANYON ROAD PER 4355 OR 293 EXHIBIT 'B STEVENS ALL-PURPOSE ACKNOWLEDGMENT I personally appeared ...b~AJ6{A~ /D. I ~ personally known to me - OR- [] proved to me on the basis of satisfactory .I evidence to be the person(s) whose name(s) a is/are subscribed to the within instrument and ~ acknowledged to me that he/she/they executed I the same in his/her/their authorized ~ capacity(ies), and that by his/her/their ! r .............................. t signature(s) on the instrument the person(s), ~ ~ ~JAN[~I,8.,.~?.. ~ or the entity upon behalf of which the I ~ ~ NOTA~Oymp"~'B~i~!C~A~LIiF%~NiA ~ person(s) acted, executed the instrument. I ~j '~l~Blli:~ My Comm. Expires Aug, 18 2000 ~ ~ WITNESS my hand and official seal. ; OI~FIONAL INFORA'L~kTION [ The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- ~ edgment to an unauthorized document. ~ CAPACITY CIAIMED BY SIGNER (PR~CIPAL) DESCRIPTION OF ATTACHED DOCUMENT i-- VP'O~/L~ ~TI~R '~PE OF DOCUME ....... T ; I/ TITLE(S) I [~ PARTNER(S) · [] ATTORNEY-IN-FACT ~,~ · [] GUARDIAN/CONSERVATOR i ATE VOCU T · SIGNER IS REPRESENTING- 0 N^~e OF PnRSON(S) OR ~NTITY(InS) ' · OTHER Le4m~.e,~lla~e4m~-e4,al~e4am~e4m,-e4ma~e 4m,-e411l~e4m,-e4~m~e 4m.-e4m,~e4m,~e~m,.e .,mm-e4mm,.e2 APA 1/94 VALLEY-SIERRA, 800-362-3369