13. Grant of Easement for Fire water 10981 Franco Ct.RESOLUTION NO. 10 -052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR FIRE WATER PURPOSES,
CITY OF CUPERTINO, 10981 FRANCO COURT, APN 326 -09 -025
WHEREAS, the City of Cupertino, has executed a Grant of .Easement for Fire
Water 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 fire water purposes within the hereinabave 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 tl.t 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 Members of the Qjy Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
13 -1
GRANT OF EASEMENT
FOR FIRE WATER PURPOSES
APN : 326 -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
right to excavate for, install, replace (of the initial or any other size), maintain and use for fire
water 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 fire water or appurtenances thereto, for the
purpose of doing any necessary or lawful act in connection with the construction or maintenance
of said fire water; 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 fire water 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.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this day
of , 20___,.
Owners:
City of Cupertino
A Municipal Corporation
By:
Title:
(Notary acknowledgment to be attached)
13 -2
EXHIBIT "A"
LEGAL DESCRIPTION
FIRE - WATER 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 NORTHWEST CORNER OF PARCEL B LYING ALONG THE SOUTH RIGHT -OF -WAY OF
HOMESTEAD ROAD (90 FEET WIDE) 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 EASTERLY ALONG SAID SOUTH RIGHT -OF VJAY NORTH 89 0 47'00" EAST A DISTANCE OF 487.32
FEET TO THE POINT OF BEGINNING;
THENCE FROM SAID POINT OF BEGINNING CONTINUEING ALONG SAID SOUTH RIGHT -OF -WAY, NORTH
89 ° 47'00" FAST DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID SOUTH RIGHT -OF -WAY, SOUTH 00 0 00'00" WEST A DISTANCE OF 61.88 FEET;
THENCE NORTH 90 0 00'00" WESTA DISTANCE OF 10.00 FEET;
THENCE NORTH 00 0 00'00" EAST A DISTANCE OF 61.84 FEET TO SAID SOUTH RIGHT -OF -WAY OF
HOMESTEAD ROAD AND THE TRUE POINT OF BE GINNING;
CONTAINING AN AREA OF 619 SQUARE FEET MORE OR LESS.
OCTOBER 28, 2009
LAND SURF
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Admindata/Legal /207131.FVI1 ESMT.doc 13-3
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
HOMESTEAD ROAD
POB-
487.32' -
N89'47'00 "E
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(PUBLIC ROW 90 WIDE)
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Adopt a resolution e• • a G rant of f or f• of •e • 10981 -
nco - APN
Z - T Ci ty o Cupert hereby grants to Villa Serra Apartments • • privilege tf enter upon said
lands contiguous to and along . line of said propefty for the purpose of locating, construction, repairing, Z-7
maintainin -
or • • said fire water.
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