CC Resolution No. 18-106 Declaring its Intention to Order Vacation of an Easement for Storm Drain Retention Basin Purposes Located on 23500 Cristo Rey DriveRESOLUTION NO. 18-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF AN EASEMENT FOR
STORM DRAIN RETENTION BASIN PURPOSES LOCATED ON 23500 CRISTO
REY DRIVE AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME
AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF
WHEREAS, an easement for storm drain retention basin purposes located on
23500 Cristo Rey Drive, and more particularly described per Document No. 10533472,
recorded on May 23, 1990, attached hereto and made part hereof as Exhibit "A", is to be
vacated; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of
Section 8320 et seq. of the Streets and Highways Code of the State of California; and
WHEREAS, a new storm drain retention basin easement is to be dedicated
superseding the existing storm drain retention basin easement; and
WHEREAS, it is deemed to be in the public interests that the City Council elects
to proceed to order said vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its
intention to vacate the aforesaid storm drain retention basin easement.
BE IT FURTHER RESOLVED:
1. That the 4th day of December, 2018, at 6 :45 p.m., in the Community Hall,
10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on
the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be
published in the manner prescribed by law, and shall cause certified copies to be posted
along the line of said property proposed to be vacated at least 10 days before the date of
hearing and no more than 300 feet apart with a minimum of 3 being posted.
Resolution No . 18-10 6
P age 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of November, 2018, by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
~~~
Grace Schmidt, City Clerk
"..:.:
!EXHIBIT A I
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N~I~~ ~~~,·~~~~:;~~E . No r ~: ;_J ~~ I 113 3 4--~~2
fkfurn to: _$"' !;~~~ ~ r i~
c !rti' c,r: curERTINO GRANrOFE'AmtfmFOR ~~ ':~~~ ~ ~~
• · , SitRi DPAIN REimr.ION BI\SlN PURPOSES • l •.., c:, C,; ~ 1 .;, •1 10;·rc/..\v -::nua ':n 0 ..., ... .,
1,. •, '. • • • CA 9 ,. oro.xum Lifec:.ara, Inc., an Indiana Corporation :.. g ~ ~ n ·'"' 0 C -U,. -· llilO, .J &q 7 ;: "l'-" -, ;'
and The Rmun catholic B1.abo of San Jose a C41ifornia car orll.Cioo, le
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called GAAN'lOR, grants to tha Cl'I'll OF Cl.IP , a
mmicipal ocrp:n;ution, hare:Lr.after called GRANI'EE, the right to e>ccavate
for, ln.<rt:all, repla.oe (of the initial or any other size), maintain and use
for Gt:oDII drain purposes as Gcantee shall frcm tilDa to time elect withln
the hereinafter described prgpexty of those certain prendses ""1i.ch are
situate in the City of OJpertino, OCA.lnty of Sant.a Clara, state of
C'ali!omia, aJl1 described as follcr,/s:
(Descd.ption Attached) L 364PAGt21 ~0
Grantor hereby fW:ther grants t.o Grantee the right ard privilege to enter
upon his l.and.9 contiguous to c!rxl along the line of said hereinalx>ve
descrilxld strip for the purpose of locating, const:ruc:t:in3, repairiJq,
maintainirxJ, or replacing said storm drain pipin;J or app.n:tenances
thereto, and far the purpose o1 doir¥J any necessary or lawf'Ul act in
connection with the construction or mainte.nanoe of said storm drain; there
is also granted the right of the use of sufficient lard contiguous to said
strip on either or both sides thereof for the purpose of excavation of end
deposit of earth arx:l necessary l:w.ldiDJ material during the the of
oonstructirq said storm drain, and any repair thereof.
'lhe foregoin;J is subject to the follawin:J eiqiress coniltions:
a) 'll1a Grantor shall retain the obligation to keep the area within
the easeroont free ard clear of debris, silt and non approved
vegetation. 'Ibe Granter shall annually maintain am clear the
basin area in order to insure the prqier fullctioning or the
basin •
b) 'Iha Granter also shall have sigra postec1 at all times 1n the
ease11¥:nt area to warn of a pctentilu flood hazard,
'lba Grantee agrees to rest.ore t:hB grcund flUl:"fa.oe and 1!IIrf iqlravements
thereon to its ariqinal grade c:xr a:nlltion insofar as it is practicable
and reasonable to do so.
m wrJmSS 'llmU:'X:lF, said p.irties have exec:ut:ed this Grant of Easanent
this 6th dAy of April , 191.Q__,
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November 1, 1989 L 364PA6E2183
Revised No~elllber 3, 1989
Job No. 889186.00
RETENTION BASIN EASEMENT
C:m!a r.;h ~
!>-(O P.'t !A.ffl:lt
Situate in the City of Cupertino, County of Santa clara, State
California and described as follows:
of -C.. CA 91063
~11/J &S ~11
Being a portion of that certain 54 .04 acre tract of land described In
Exhibit "A " In the Ground Lease to Forum L1fecare , Inc., filed fo r
record December 11, 1987 tn Book K387, page 1708 of Offtctal Records ,
Serles 9536539, Santa Clara County Records and befng more particularly
described as follows;
Begfnnfng at point lyfng on that certain 1 fne described as North
61"04'48" West 100.85 feet, and befng distant thereon froll'I the
begfnnfng of said lfne 53 .91 feet;
Thence proceeding along the following eight (8) numbered courses;
(1 g
(4
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(7
(8)
South 07"00'00• West 164.34 feet,
South 23"00'00" West 65.00 feet;
North 36"41'26" West 64 .15 feet,
North 88"30'59~ West 10.00 feet,
North 55"57'16" West 59.68 feet,
North 08'00'00u East 172.BO feet,
South 77"00'00 " East 103.85 feet, to a point lying on the
nor.theasterly lfne of said parcel, thence along safd line,
South 61 '04'48" East 20,53 feet, to the Pofnt of Begfnnlng.
Containing 0.562 acl'es more or less .
End of Descr1pt1on
Description prepare by:
Rex A. Betz, L.S . 5251
License expires 12/31/91
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Sfgned ,If:&?< lf /:L.; ~
Dated hu.,·. Z / '1/;17
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