12. Grant of Easement 10981 for storm drain Franco Ct.RESOLUTION NO. 10 -051 DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEME14T FOR STORM DRAIN PURPOSES,
CITY OF CUPERTINO, 10981 FR,kNCO COURT, APN 326 -09 -025
WHEREAS, the City of Cupertino, has executed a Grant of Easement for Storm
Drain Purposes, which is in good and sufficient form, granting Villa Serra Apartments, a
California Limited Corporation, the right to excavate, install, replace, maintain and use
for storm drain purposes within the hereinabove described strip situate at 10981 Franco
Court, APN 326 -09 -025, more particularly described in Exhibit "A & B ", attached hereto
and made a part hereof
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. 16th day of March, 2010, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Members of the Cijy Council
APPROVED:
Mayor, City of Cupertino
12 -1
GRANT OF EASEMENT
FOR STORM DRAIN PURPOSES
APN : 325 -09 -025
10981 Franco Court
CITY OF CUPERTINO, a Municipal Corporation hereinafter called Grantor, hereby grant(s)
to Villa Serra Apartments, a California Limited Corporation hereinafter called Grantee, the
Tight 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 said 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
depositing of earth and placement of 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 and condition.
of
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this
,20
day
Owners:
City of Cupertino
A Municipal Corporation
By:
Title:
(Notary acknowledgment to be attached)
a, "a
EXHIBIT " A "
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
VILLA SERRA APARTMENTS
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL B LYING ALONG THE EAST LINE OF PARCEL B AS
SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 4, 1969 IN BOOK 249 OF MAPS AT
PAGE 51, SANTA CLARA COUNTY RECORDERS OFFICE;
THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 00 0 02'05" WEST A DISTANCE OF 920.10 FEET TO
THE POINT OF BEGINNING;
THENCE FROM SAID POINT OF BEGINNING CONTINUEING ALONG SAID EAST LINE, NORTH 00 0 02'05" WEST
A DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 90 0 00'00" WEST A DISTANCE OF 1 29.59 FEET;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 0 00'00" WEST A DISTANCE OF 3.78 FEET;
SOUTH 90 0 00'00" EAST A DISTANCE OF 16.00 FEET;
SOUTH 00 0 00'00 ° WEST A DISTANCE OF 6.22 FEET;
THENCE SOUTH 90 0 00'00" EAST A DISTANCE OF 113.60 FEET TO SAID EAST LINE OF PARCEL B AND THE
TRUE POINT OF BEGINNING;
CONTAINING AN AREA OF 1,196 SQUARE FEET MORE OR LESS.
OCTOBER 28, 2009
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Admindata/Legal /207131.SD ESMT.doc 12-3
LEGEND
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF.
-•- — NEW EASEMENT LINE
--- — — LOT LINE
EASEMENT LINE AS NOTED
— -- PROPOSED PARK LOT LINE AS NOTED
— - - - — STREET CENTERLINE
--- - - - - -- TIE LINE
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
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SCALE
0 6 12 18 24 30
{ IN FEET )
1 inch = 30 ft.
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BEING CREATED BY 0
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CITY OF CUPERTINO BEING A� N
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a Grant
of Easement for
Storm
Drain Purposes, City
Court,
APN 326 -09 -025, Resolution
No. 10- �S f
eby
grants tc Villa Serra
Apartments
the right and
lands
contiguous to and along
the
line of said property
I
construction,
repairing, maintaining
or replacing said
limp
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