CC Resolution No. 99-275RESOLUTION NO. 99-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN PURPOSES FROM
FIRST BAPTIST CHURCH OF CUPERTINO; LOCATED
10525 MILLER AVENUE, APN 369-16-001
WHEREAS, First Baptist Church of Cupertino has executed a Grant of Easement
which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an
easement for storm drain purposes over the property situate in the City of Cupertino,
County of Santa Clara, State of California, more particularly described in Exhibit "A"
and Exhibit "B", attached hereto and made a part hereof.
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 10525 Miller Avenue, APN
369-16-001.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record
said Grant of Easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20~ day of September, 1999, by the following vote:
Vote
Members o__f the City Council
AYES: Bumett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
GRANT OF EASEMENT
STORM DRAIN PURPOSES
APN: 369-16-001
10525 Miller Avenue
First Baptist Church of Cupertino, 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 right 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.
~ WITNESS WHEREOF, said parties have executed this Grant of Easement this ~.~_~day
of ,
Owners~
First Baptist Church of Cupertino
A California Corporation
By: Alb~t J. Baker
Title: Pastor
(Notary acknowledgment to be attached)
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California being a storm drain easement over, upon or under the parcel of land
described as follows:
Beginning at the northeasterly comer of that certain parcel of land labeled as Remainder
Lot as shown on that certain Map entitled, "Tract No. 9143", filed for record in Book 718
of Maps at pages 17 and 18, Santa Clara County Records, said point being on the
westerly line of Miller Avenue as shown on said Map; thence along the westerly line of
said Miller Avenue and the easterly line of said Remainder Lot S 2°18'05'' W 68.81 feet:
thence along a tangent curve to the left thru a central angle of 12050, 19" with a radius of
590.00 feet for an arc length of 132.21 feet; thence along a reverse curve to the right thru
a central angle of 9°55'41'' with a radius of 410.00 feet for an arc length of 71.04 feet to
the northeasterly comer of Howard Court as shown on said Map; thence along the
northerly line of said Howard Court along a compound curve to the right thru a central
angle of 92°54'38'' with a radius of 20.00 feet for an arc length of 32.43 feet; thence
N 87°41 '55" W 5.00 feet; thence leaving said line of Howard Court N 00°25'58'' E
291.26 feet to the northerly line of said Remainder Lot; thence along said northerly line
S 88°19'16" E 10.00 feet to the POINT OF BEGINNING.
Said parcel of land containing 4,050 square feet or 0.093 acres, more or less.
Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/2001
re.co I
~.,~ .
KI~KEBY EN~INEE~IN~ PL~T TO ~CCO~P~NY DESCRIPTION SCkLE~ /""~'
2397 FOREST AVENUE DATE:
SAN JOSE, CA 95128 (408) 984-0331 JOB NO. ~807~
STATE OF CALIFOP~NIA )
)
COUNTY OF Santa Clara
On 09/01/99 before me, Juli Lake a Notary Public in and for said State,
personally appeared Albert J. Baker , personally known to me (or prove/~to me on
the basis of satisfactory evidence) to be the person(s) whose na~(s)~/are
subscribed to the within instrument and acknowledged to me tha~ h~/she/they
executed the same in~hi~/her/their authorized capacity(ies),
by
Q /her/their signature{s) on the instrument the person(s), or the entity upon
alf of which the person(s) acted, executed the instrument.
WITNESS my hand a~ official seal.
Signed
THIS CERTIFICA~MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AS:
Title or type of Document: Grant of Easement
No. of Pages: one Date of Document: September 1,
Signer(s) other than named above: none
1998
JULI LAKE
COMM. ~ 1200868
'L-t;i~9~ NOTARY PUSLIC'CALIFORNIA
SANTA CLARA COUNTY
COMM. EXP. NOV. 6, 2002
JULI LAKE
COMM. # 1200866
'~i~-' ~NOTAR¥ PUBLiC-CALIFORNIA
SANTA CLARA COUNTY
COMM. EXP, NOV, ~, 3002