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CC Resolution No. 04-399 RESOLUTION NO. 04-399 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 7 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 ofland 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" Wcst, 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; "ResolutIon No. 04-~99 Thence North 89° 03'35" West, 40.21 feet to the point ofTermination of Said Strip 1. A fifteen foot (15.00) wide Fire Service Easement, lying 7.50 feet on each side of the following described centerline: 2 2. Beginning at the above described Point "A"'; Thence South 890 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 890 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 Qfthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval None James, Wang None ATTEST: ~ VIce-Mayor, City of Cupertino Gh uJ~:Jf ~~ty Clerk