E-561 Fire Service Easement, Tract Map No. 3743 (reference E-557) doenmeint has
RECORDING REQUESTED BY: not been comparcd with the ofiginal.
City of Cupertino SANTA C LA.IU COUNTY CLERKRJACORD1 A�
WHEN RECORDED, MAIL TO: C�
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255 Doc# 17992030
9/08/2004 9:35 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
FIRE SERVICE EASEMENT
TRACT MAP NO. 3743
O/Original
W® For Fast Endorsement
WHEN RECORDED MAIL TO:
San Jose Water Company
1265 South Bascom Avenue
San Jose, CA 95128
Attn.: James Bariteau
DOCUMENTARY TRANSFER TAX:
None/No Monetary Consideration
APN:
R I G H T - O F W A Y
T H I S I N D E N T U R E, made and entered into this 8th
day of September 2004 by and between
the city of Cupertino . First Party, and SAN JOSE WATER
COMPANY, a California corporation, Second Party.
WITNESSETH:
First Party, for and in consideration of the sum of one (1) dollar, in
lawful money of the United States of America, to him in hand paid by Second Party,
the receipt whereof is hereby acknowledged, do by these presents, grant to Second
Party and to its successors and assigns forever:
The right and privilege of excavating for and laying pipelines as and
when and as often as the same may be desirable in the opinion of Second Party,
together with all fittings, connections and appliances which Second Party may
desire to install in connection therewith, for the transmission and distribution of
water and also the right of maintaining, using and replacing and/or enlarging the
same for such purposes and also the right and privilege of relaying, repairing,
removing and/or renewing the same, using pipe, fittings, connections and/or
appliances either of the same size or sizes as may first be installed or of any other
G 3-471 A.doc
size or sizes and also a right-of-way along the same, upon, in, through, along and
across the following described land situate in the County of Santa Clara, State of
California, to wit:
See Exhibits "A", attached and made a part of.
The foregoing rights and privileges hereinabove granted are made
upon the following terms and conditions:
First Party shall neither construct nor permit to be constructed any
building or any other permanent structure on said right of way.
First Party shall neither plant nor permit to be planted trees within said
right of way.
First Party shall neither change nor permit to be changed the grade
over said right of way.
The respective rights, covenants and conditions contained herein
shall inure to the benefit of and be binding upon the respective heirs, successors
and assigns of the parties hereto.
G3-471 A.doc
i
January 14, 2004
Project No. A03137-2
Paged of
Exhibit "A"
Legal Description
Fire Service Easement
A fifteen foot (15.00) wide Fire Service Easement situate in the City of Cupertino,
County of Santa Clara, State of California and being a portion of Lot 7 as shown on that
certain Tract Map No. 3743 filed for record on October 16, 1964 in Book 186 of Maps
at page 36 & 37, Santa Clara County Records and lying 7.50 feet on each side of the
following described centerline:
STRIP 1
Beginning at a point on the easterly line of Torre Avenue and at the northerly terminus
of that certain course shown as North 0°56'25" East, 613.20 feet on said Tract Map.
Thence along said easterly line, South 0°56'25" West, 603.45 to the True Point of
Beginning;
Thence leaving said easterly line, South 88°36'09"East, 260.65 feet;
Thence North 00°56'25" East, 8.25 feet to a point hereinafter referenced as Point "A";
Thence continuing North 00°56'25" East, 170.07 feet to a point hereinafter referenced
as Point `B';
Thence continuing North 00°56'25"East, 10.36 feet;
Thence South 89°03'35" East, 65.85 feet;
Thence North 00°56'25" East, 96.69 feet;
Thence North 89°03'35" West, 40.21 feet to the Point of Termination of said Strip 1.
STRIP 2
A fifteen foot (15.00) wide Fire Service Easement, lying 7.50 feet on each side of the
following described centerline:
Beginning at the above described Point "A";
Thence South 89°03'35" East, 22.00 feet to the Point of Termination of said Strip 2.
F:\PROJECTS\A01113\C-ESMT-FIRE.doc
January 14, 2004
Project No. A03137-2
Page 2 of 3
STRIP 3
A fifteen foot (15.00)wide Fire Service Easement, lying 7.50 feet on each side of the
following described centerline:
Beginning at the above described Point "B';
Thence South 89°03'35"East, 22.00 feet to the Point of Termination of said Strip 3.
PLAT &LEGAL DESCRIPTION PREPARED BY MER& WRIGHT CIVIL
ENGINEERS & SURVEYORS
Ji IVi 1, L.S. 256
Date 701
ry dr
�
a.
F:\PROJECTS\AO1113\C-ESMT-FIRE-doc
i
1
I I
I
I
° TORR_E AVENUE- - - - - - - - -- -
° POINT OF BEGINNING\
N 00'56'25" E 613.20'
603.45' \
TRUE POINT OF BEGINNING
STRIP 1 30' 1
d
N
-F—STRIP 1 W
....ca ZI
—CL 15' WIDE EASEMENT LOT 7 1 W
W (186 M 36 & 37) 1
r.: o w
D a
0
v O
POINT "A" /POINT "B" m
(-L 0'56'25" E 188.68
8.25'r 170.07' L4 10.36'
STRIP 8
-1 POINT OF 1
STRIP 2 POINT OF L2 TERMINATION
TERMINATION STRIP 1
STRIP 2 & 3 STRIP 1
LINE TABLE:
LINE BEARING DISTANCE
L1 N 89'03'35" W 40.21'
L2 N 00'56'25" E 96.69'
L3 S 89'03'35° E 65.85
L4 S 89'03'35" E 22.00'
1_5 N 00'56'24" E 36.91'
L6 N 74'25'49° E 39.51'
CURVE TABLE:
CURVE RADIUS DELTA LENGTH
C1 20.00' 90'00'14" 31.42'
(
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE JAN.,JAN., 2004
FOR: SWINTERTON BUILDERS 1"=1 DO'
CUPERTINO CALIFORNIA DR, BY COB
/Ilk
w K I ER & WRIGHT JOB A03137-2
EXHIBIT „A„ CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
FIRE SERVICE EASMENT 3350 Scott Boulevard, Building 22 (408)727-6685
Santa Clara, California 95054 FAX (408)727-5841 3 OF 3
USER:cheach I:\dwg\A03137\SURVEY\FIRE LINE ESMT.dwg JANUARY 16, 2004 9:00 AM
I N W I T N E S S W H E R E O F, First Party has executed this
Indenture the day and year first above written.
GRANTOR(S)
�
By: l c� l/ck- A �Vel/
t Name
By:
Signature
APPROVED AS TO FORM:
By: LP 'lit Al
Print Nam
By se�J
Signature
G3-471 A.doc
i
ALL PURPOSE ACKNOWLEDGMENT
STATE OF !��TY Y�l G'
COUNTY OF S� n (-k9--4r 0.
On I before me " °" 'I ' "� p�eOnally
f Name, Title of Officer
appeared �f i_ �C personally known to me (epKw ed to rye eta iso.L
Name(s) of Signer(s)
setis#aster e�depea}to be the personK whose namef,.8 f is/�kr6 subscribed to the within instrument
and acknowledged to me that he/sheAl"y executed the same in his/hcWtheir authorized
capacity(, and that by his/herAitai signature(sron the instrument the personal, or the entity upon
behalf of which the personW acted, executed the instrument.
Witness my hand and official seal.
(Seal of Notary)
Signature
Signature of Notary " CE +M
i
M .o+�
w ommb$ft
S®M Clara County
R
G3-471A.doc
i
VERIFICATION
I have reviewed this FIRE SERVICE EASEMENT and to the best of my
knowledge, the information contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 8th day of September, 2004, at Cupertino, California.
-7
Administrative Clerk
City Cleric's Office
RESOLUTION NO. 04-399 DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONVEYING AN EASEMENT FOR RIGHT-OF-WAY TO SAN JOSE WATER
COMPANY, PORTION OF LOT 7, TRACT NO. 3743
IT IS HEREBY RESOLVED, that the City of Cupertino grant to San Jose Water
Company, its successors and assigns, Grantee, the right and privilege of excavating for and
laying pipelines as and when and as often as the same may be desirable together with all
fittings, connections and appliances which San Jose Water may desire to install in connection
therewith, for the transmission and distribution of water upon, in, through, along and across
the property situate in the City of Cupertino, County of Santa Clara, State of California; and
Grantor further grants to grantee the right of maintaining, using and replacing and/or
enlarging the same for such purposes and also the right and privilege of relaying, repairing,
removing and/or renewing the same, using pipe, fittings, connections and/or appliances either
of the same size or sizes as may first be installed or of any other size or sizes and also a right-
of-way along the same property situate in the City of Cupertino, County of Santa Clara, State
of California , and described as follows:
A fifteen foot wide Fire Service Easement being a portion of Lot? as shown on that
certain Tract Map No. 3743, Cupertino Town Center, filed for record in the office of the
County Recorder of said County of Santa Clara on October 16, 1964 in Book 186 of Maps at
pages 36 and 37 and lying 7.50 feet on each side of the following described centerline:
1. A strip of land beginning at a point on the easterly line of Torre Avenue and at the
northerly terminus of that certain course shown as North 0° 56'25"East, 613.20
feet on said Tract Map.
Thence along said easterly line, South 0° 56'25" West, 603.45 to the True Point of
Beginning;
Thence leaving said easterly line, South 880 36'09" East, 260.65 feet;
Thence North 00° 56'25"East, 8.25 feet to a point hereinafter referenced as Point
"A"
Thence continuing North 00° 56'25"East, 170.07 feet to a point hereinafter
referenced as Point "B";
Thence continuing North 00° 56'25"East, 10.36 feet;
Thence South 89° 03'35" East, 65.85 feet;
Thence North 00° 56'25" East, 96.69 feet;
i
Resolution No. 04-399 2
Thence North 89° 03'35"West, 40.21 feet to the point of Termination of Said
Strip 1.
2. A fifteen foot (15.00) wide Fire Service Easement, lying 7.50 feet on each side of
the following described centerline:
Beginning at the above described Point"A...
Thence South 89° 03'35"East, 22.00 feet to the Point of Termination of said Strip
2.
3. A fifteen foot (15.00)wide Fire Service Easement, lying 7.50 feet on each side of
the following described centerline:
Beginning at the above described Point"B"';
Thence South 89° 03'35"East, 22.00 feet to the Point of Termination of said Strip
3.
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to
execute said grant of easement on behalf of the City of Cupertino.
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant
of Easement and this resolution.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of
Cupertino this 7`day of September 2004, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor,City of Cupertino
13 -e2.