E-447 GRANT OF EASEMENT FOR ROADWAY PURPOSES, CRISTO REY DR
(,~Zi /- . .' /1 I) j:J-f/ ') Ii!!)
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RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
DOCUMENT: 14274467
Tit I es: I / Pages: 7
I III HIli ~ 1111\1 U
~0014274467~
Fees. .+ No Fees
Taxes
Copies
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Financial Title Company
ROE fI 102
7/09/1998
3:31 PM
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Resolution No. 98-158/Acceptance recorded concurrently
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 342-52-005
CRISTO REY DRIVE
Original
D For Fast Endorsement
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 342-52-005
Cristo Rey Drive
The Roman Catholic Bishop of San Jose. A California Corporation Sole, grant(s) to the
CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair,
operate, and maintain any and all public utilities and improvements which shall be or become
necessary for preservation of the public safety, welfare or convenience, the hereinafter described
property which is situated in the City of Cupertino, County of Santa Clara, State of California,
and as described as follows:
(See Exhibit "A" & "B")
IN WITNESS WHEREOF, executed this ~cday of F' 199 i('.
an CatbO)ishOP of San Jose, A California Corporation Sole
, ?7-u':', " /1'} .0/ 'l
t " J
Rev. Micha~l J. Mitchell, Attorney-in-fact
Lessee:
Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation
'\l ~11= ~
H. Brett Melendy, President
(Notary acknowledgment to be attached)
D'rian Kangas Foulk
Engineers . Surveyors · Planners
April 20, 1998
BKF Job No. 960069-20
DESCRIPTION FOR
PUBLIC ROADWAY EASEMENT AND
PUBLIC UTILITY EASEMENT
All that real property situate in the City of Cupertino, County of Santa Clara, State of California
being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described
in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at page 1393
of Official Records of the County of Santa Clara, and being more particularly described as follows:
BEGINNING at the most easterly comer of Parcel B as said co~wn on that certain tract
map entitled "Tract No. 9054, Oak Valley - Unit 1," recorded on '1 I l q q<iS' in Book
'7 () S of Maps at pages \ ~- 22 , inclusive, Santa Clara County Re~ords; thence along the
westerly line of said lands North 81011 '40" East, a distance of214.00 feet; thence continuing along
said lands South 12056'32" East, a distance of245.07 feet and South 09027'06" East, a distance of
82.82 feet to the TRUE POINT OF BEGINNING and the beginning of a non-tangent curve to the
left from which point a radial line bears South 15036' 10" West; thence along said curve having a
radius of 206.00 feet, a central angle of 20030' 16", an arc length of 73.72 feet; thence North
85005'54" East, a distance of 124.25 feet; thence North 34009'52" East, a distance of26.13 feet to
the westerly line of a 30 foot wide ingress and egress easement as said easement is described in Book
9050 at page 358, Santa Clara County Records; thence along said line South 04054'06" East, a
distance of 88.55 feet; thence leaving said line North 46056'55" West, a distance of 24.59 feet;
thence South 85005'54" West, a distance of 124.25 feet to the beginning of a curve to the right;
thence along said curve having a radius of256.00 feet, a central angle of 15022'25", an arc length
of 68.69 feet to the westerly line of said lands of the Roman Catholic Bishop of San Jose; thence
along said westerly line North 09027'06" West, a distance of 54.06 feet to the TRUE POINT OF
BEGINNING, containing an area of 10,910 square feet more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
Exhibit "A"
Page 1 of 1
540 Price Avenue · Redwood City, CA 94063 · (6501482-6300 · FAX (6501482-6399
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COUKfY OF SAKfA cLARA
450 MAPS 4J
PARcEL 8
TRACT NO. 9054
OAK VALLEY
UNIT J
BOOK _ MAPS PAGES _
CD l:J. =20'30'16" R=206.00'
@ N 8S'OS'S4" E 124.25'
G) N 34'09'52" E 26.13'
@ S 04'S4'06" E 88.SS'
@ N 46'S6'5S" W 24.S9'
@ S 85'OS'S4" W 124.25'
([) l:J. =1S'22'25" R=256.00'
@ N 09'27'06" W 54.06'
IIrIIn .... JtIA
Engineers . Surveyors . Planners
540 Price Avenue
Redwood City, CA 94063
650/482-6300
650/482-6399 (FAX)
L= 73. 72'
L=68.69'
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Sub j ect
Job No.
By JMP
EXHIBIT "B"
PUBLIC ROADWAY & UTILITY ESMT
960069-20
Dote 04-20-98Chkd. BAB
SHEET 1 OF 1
Lot name: PRE-5
North: 69679.4629 East: 20068.4876
Curve Length: 73.72 Radius: 206.00
Delta: 20-30-16 Tangent: 37.26
Chord: 73.33 Course: S 84-38-58 E
Course In: N 15-36-10 E Course Out: S 04-54-06 E
RP North: 69877.8717 East: 20123.8947
End North: 69672.6251 East: 20141.4965
Line Course: N 85-05-54 E Length: 124.25
North: 69683.2418 East: 20265.2921
Line Course: N 34-09-52 E Length: 26.13
North: 69704.8625 East: 20279.9660
Line Course: S 04-54-06 E Length: 88.55
North: 69616.6363 East: 20287.5322
Line Course: N 46-56-55 W Length: 24.59
North: 69633.4228 East: 20269.5633
Line Course: S 85-05-54 W Length: 124.25
North: 69622,8062 East: 20145.7677
Curve Length: 68.69 Radius: 256.00
Delta: 15-22-25 Tangent: 34.55
Chord: 68.48 Course: N 87-12-53 W
Course In: N 04-54-06 W Course Out: S 10-28-19 W
RP North: 69877.8699 East: 20123.8935
End North: 69626.1338 East: 20077.3645
Line Course: N 09-27-06 W Length: 54.06
North: 69679.4600 East: 20068.4870
Perimeter: 584,24
Area: 10,910 sq.ft. 0.25047 acres
Mapcheck Closure - (Uses
Error Closure: 0,0030
Error North: -0.00299
Precision 1: 191,791.09
listed courses, radii, and deltas)
Course: S 11-20-37 W
East: -0.00060
State of California )
)SS,
County of Santa Clara )
On this the 8th day of June 1998 , before me, Martin Cortez, the undersigned notary
public for the state, personally appeared Rev. Michael 1. Mitchell, personally known to me
to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
~ay- \\'14 Co, ~e.z.
Notary Public
1- ~ .~ ~ ~ ~::~ - -l
i Commlllleft.1C1116M:1;
! -. Notary PI.Me - CaIfomIa ~
1 . Santa CIaIa Cou1ty !
_ _ "" ~:..o:m~~'C:'~
Witness my hand and seal.
f-Ifvl)
RESOLUTION NO. 98-156A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FROM COUNTY OF SANTA CLARA
DEPARTMENT OF PARKS AND RECREATION FOR TRACT NO. 9054, EFC 3,
FOR WATER SYSTEM FACILITIES PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Water System Facilities, which is in good and
sufficient form, granting to the City of Cupertino, County of Santa Clara, State of
California, easement over certain real property for water system facilities purposes,
situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit
"B", attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located as shown on the attached Exhibits
"A" and "B".
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 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
. ~~
c~
n?11 QQ ,
Mayor, City of cupert~
\
1
.
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Recorded without fee under Section 61 OJ
Government Code of the Sute of California
EASEMENT DEED
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 3 (Water system facilities)
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation, (CITY)
a non-exclusive easement for maintenance and replacement of water system facilities, including ingress and egress, on
the real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached
Exhibit A and under the following conditions:
1.
2.
CITY shall maintain the facilities in the easement area and the access to the facilities.
CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be
implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be
deemed approved.
After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to
begin.
If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24
hours of starting the repairs, identifying the exact location and nature of the repairs.
CITY shall not close public access to park lands unless CITY receives written pennission from COUNTY's
Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair,
maintenance or construction work.
CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was
begun.
CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or
state listed species and preserve public access to park lands.
CITY shall hold COUNTY hannless and indemnify COUNTY against all liability arising out of CITY's exercise
of its easement rights.
3.
4.
5.
6
7.
8.
Date
(p , c? '-( - q€J
State of California )
County of Santa Clara ) \
On ~ i')C () 4 _I 1998, before me, ~ M. 3 t"a d (. a Notary Public in and for said State,
personally appeared ""jft;ca Alvarado, who proved to me on the basis of satisfact evidence to be the person whose name IS
subscribed to this instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument the person or the entity upon behalf of whi~ ~e .fe~n ..:~d ~x::.u~d ~e...!..ns..:rumen~,".:.
/' 12~' f 1 ~ ~~\.J,] i,:.WADV
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~. ' . Notary Public - CaIomIa ~ Santa Clara County..
t' J - nte CIaIa Ccu1Iy i My Comm. EXlXes Joo 15.zm
L Notary Public 1 My Corrm.ElqXesJa'l15.DD r
EASEMENT DEED- EXHIBIT A
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 3 (Water system facilities)
All that real property situate in the City of Cupertino. County of Santa Clara, State of California being
a portion of Parcel A as said parcel is described in that certain deed recorded on October 11. 1977
in Book D 197 of Official Records at page 696 recorded in the Office of the Recorder of the County
of Santa Clara, State of California being further described as follows:
BEGINNING at the most southerly comer of said parcel; thence along the southwesterly line of said
parcel, North 43 021'29" Wes~ a distance of 1443.82 feet; thence leaving said tme North 46038-:3 1"
East. a distance of299.46 feet to the TRUE POINT OF BEGINNING and the beginning ofa non-
tangent curve to the right from which point a radial line bears North 46038-:3 1" East; thence along
said auve having a radius of 140.00 feet, a central angle of3600 00' 00", an arc length of 879.65 feet
to the TRUE POINT OF BEGINNING, containing an area of 1.41357 acres more or less.
The bearing North 81011'40" East of the northerly line of the Lands of Santa Clara County u said
line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of
Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit
"B".
This description was prepared by me or under my direction in conformance with the requirements of
the Land Surveyor's Act.
Dated: J h1/'18
, (
1C.'\MAIN\J""lD~WPO
EASEMENT DEED- EXHIBIT B
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342.5.62
EFC 3 (Water system facilities)
_ _ WA TER TANK EASEMENT
,. .....
/ AREA '/
I 1.412037 ACRES \
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, . q. J-- ~-o360'OO'OO.
\ ~" I L-879.65'
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RANCHO SAN ANTONIO
COUNTY PARK
PARCEL A
BK 0197 OR PG 696
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EXHIBIT "S.
WATER TANK EASEMENT
960069-20
Dote 04/07/98Chkd.
SHEET 1 OF 1
IrIu Iaaga fila
("II~ , s.......,.,. . Pla..-.
540 Price Avenue
Redwood City, CA 94063
650/482-6300
650/482-6399 (FAX)
Job No.
8y RCS
RESOLUTION NO. 98-156B
}./ti ~ "
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FROM COUNTY OF SANTA CLARA
DEPARTMENT OF PARKS AND RECREATION FOR TRACT NO. 9054, EFC 4,
FOR WATER SYSTEM FACILITIES PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Water System Facilities, which is in good and
sufficient form, granting to the City of Cupertino, County of Santa Clara, State of
California, easement over certain real property for water system facilities purposes,
situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit
"B", attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located as shown on the attached Exhibits
"A" and "B".
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 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
~~
City Clerk
Wilen recorded, return [0:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Recorded without fee under Section 6 10 J
Government Code of the Sute of California
EASEMENT DEED
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 4 (Water system facilities)
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation, (CITY)
a non-exclusive easement for maintenance and replacement of water system facilities over the real property in the City
of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the following
conditions:
1 . CITY shall maintain the facilities in the easement area and the access to the facilities.
2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be
implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be
deemed approved.
3. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to
begin.
4. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24
hours of starting the repairs, identifying the exact location and nature of the repairs.
5. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's
Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair,
maintenance or construction work.
6 CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was
begun.
7. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or
state listed species and preserve public access to park lands.
8. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise
of its easement rights.
Date~)
~1~ '-"- ,()w~,.,u
, nca Alvarado, Chairperson
i''W" .
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State of California
County of Santa Clara
)
)
1
]
On :J"CV) e ;2 t.f , 1998, before me, ::::>:O-H n1 .13"Q a Notary Public in and for said State,
personally appeared Blanca Alvarado. who proved to me on the basis of satisfact ry evidence to be the person whose name is
subscribed to this instrument and aCknOWledged to me that she executed the same in her capacity, and that by her signature on the
instrument the person or the entity upon behalf of which the person acted executed the instrument.
J ... ~. ~ ~~~~ 'SC~TT :.;'; ~ - I
~~.~ ie. ~ ~=~~~:a I~
-. Santa Clara Cculty
NOlary PubliC, i. _ My C""",'.~.Im 15.2lllll I
}
EASEMENT DEED- EXHIBIT A
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 4 (Water system facilities)
All that real property situate in the City ofCupenino, County of Santa Clara, State of California being
a portion of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977
in Book D 197 of Official Records at page 696 recorded in the Office of the Recorder of the County
of Santa Clara, State of California being more particularly described as follows:
BEGINNING at the most southerly comer of said parcel; thence along the southwesterly line of said
parcel North 43021 '29" West, a distance of 1480.18 feet; thence South 46038'31" West, a distance
of304.26 feet to the TRUE POINT OF BEGINNING; thence South 65059'35" West, a distance of
98.05 feet to the beginning of a non-tangent curve to the left from which pomt a radial line bears
South 65003'51" West; thence along said curve having a radius of335.oo feet, through a central angle
of30003'51", an arc length of 175.78 feet; thence North 55000'00" W~st, a distance of 106.53 feet
to the beginning ofa tangent curve to the right; thence along said curve having a radius of330.00
feet, through a central angle of 11 020'00", an arc length of 65.28 feet; thence North 43 OAO'OO" West.,
a distance of 18.74 feet to the beginning of a tangent curve to the right; thence along said curve
having a radius of 70.00 feet, through a central angle of 92005'00", an arc length of 112.50 feet;
thence North 48025'00" East, a distance of213.96 feet to the beginning ofa tangent curve to the
right; ther.ce along said curve having a radius of 5 1 5.00 feet, through a central angle of 11028'00",
an arc length of 103.07 feet; thence North 59053'00" East, a distance of 125.01 feet; thence South
31056'00" West. a distance of64.01 feet; thence South 59053'00" West, a distance of68.47 feet to
the beginning of a tangent curve to the left; thence along said curve having a radius of 485.00 feet,
through a central angle of 11028'00", an arc length of97.06 feet; thence South 48025'00" West, a
distance of 213.96 feet to the beginning of a tangent curve to the left; thence along said curve having
a radius of 40.00 feet, through a central angle of92005'oo", an arc length of64.29 feet; thence South
43040'00" East., a distance of 18.74 feet to the beginning of a tangent curve to the left; thence along
said curve having a radius of 300.00 feet, through a central angle of 11020'00", an arc length of59.34
feet; thence South 55000'00" East, a distance of 106.53 feet to the beginning ofa tangent curve to
the right; thence along said curve having a radius of 365.00 feet, through a central angle of
23003'05", an arc length of146.85 feet; thence North 65059'35" East, a distance of 75.43 feetto the
beginning of a non-tan~nt curve to the left from which point a radial line bears North 80015'39"
East; thence along said curve having a radius of 140.00 feet, through a central angle of 18034'03",
an arc length of 45.37 feet to the TRUE POINT OF BEGINNING, containing an area of 29,271
square feet more or less.
The bearing North 81011 '40" East of the northerly line of the Lands of Santa Clara County as said
line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of
Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit
ttBff.
This description was prepared by me or under my direction in confonnance with the requirements of
the Land Surveyor's Act.
ba6
Bradley A. Bilbo, P.L.S. 6141
Expires: 3/31/2002
Dated: 417/e"
(
It.'\WADI\I~'lt'PD
EASEMENT DEED- EXHIBIT B
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFe 4 (Water system facilities)
L~"
:/L6
C;"~L7
'l~5
L>//
/ /La
//~ WATERLINE EASEMENT
CJf ~6 AREA 29,271 SQ.FT,:t
\.~ C7
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COUNTY PARK
PARCEL A
BK 0197 OR PG 696
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Subject
irian II..- Jtdl
(nlll""", . S...--. . PI.n......
540 Price Avenue
Redwood City, CA 94063
650/482-6300
650/482-6399 (FAX)
Job No.
By ReS
EXHIBIT "B"
WATERLINE EASEMENT
960069-20
Dote 04/07/9BChkd.
SHEET 1 OF 1
/
fA '1 ~
RESOLUTION NO. 98-156C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FROM COUNTY OF SANTA CLARA
DEPARTMENT OF PARKS AND RECREATION FOR TRACT NO. 9054, EFC 5,
FOR PUBLIC UTILITIES PURPOSES, OAK VALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Public Utilities, which is in good and sufficient form,
granting to the City of Cupertino, County of Santa Clara, State of California, easement
over certain real property for public utilities purposes, situate in the City of Cupertino,
more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a
part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located as shown on the attached Exhibits
"A" and "B".
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 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
~~i
City Clerk'
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Recorded without ree under Section 61 OJ
Government Code or the Sute or Clllrornla
EASEMENT DEED
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 5 (Public utilities)
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation, (CITY)
a non-exclusive easement for underground public utilities, including ingress and egress, and including, but not limited
to, water, gas and electricity in the real property in the City of Cupertino, County of Santa Clara, State of California,
des.cribed on the attached Exhibit A and under the following conditions:
1 . CITY shall maintain the facilities in the easement area and the access to the facilities.
2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be
implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be
deemed approved.
3. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to
begin.
4. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24
hours of starting the repairs, identifying the exact location and nature of the repairs.
5. CITY shall not close public access to park lands unless CITY receives written pennission from COUNTY's
Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair,
maintenance or construction work.
6 CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was
begun.
7. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or
state listed species and preserve public access to park lands.
8. CITY shall hold COUNTY hannless and indemnify COUNTY against all liability arising out of CITY's exercise
of its easement rights.
Date
...----.
.J \JV\f '-~ t.\ I \qg~
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-----------------------------------------------.-------------
------------------------------------------------------------
\
c;utp nf (,~lifnmi:l \
State of California )
County of Santa Clara )
On :I;; lie ; If ' 1998, before me, ~~;{t)11. 6r a de.. a Notary Public in and for said State,
personally appeared Blanca Alvarado, who proved to me on the basis of satisfact evidence to be the person whose name is
subscribed to this instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument the person or the entity upon behalf of which the person acted executed the instrument.
\
I
~'77? ~
V Notary Public d
J ~ ~ .~ ~';~-:=~'~87~ -,
~ e~ ~ Notary Public -Caltorna ~
J' Santa Clara County 1
, My Comm.ExplresJal15.:DIJ ,
l
EASEMENT DEED- EXHIBIT A
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFe 5 (Public utilities)
All that real property situate in the City of Cupertino, County of Santa Clara, State of California
being a portion of Parcel A as said parcel is described in that certain deed recorded on October 11,
1977 in Book D 197 of Official Records at page 696 in the Office of the Recorder of the County of
Santa Clara, State of California being more particularly described as follows:
~G at the most northeasterly comer of said parcel; thence along the northerly line of said
parcel, South 81011'40" West, a distance of 164.55 feet to the TRUE PO~ OF BEG~G;
thence South 33018'21" East, a distance of20.37 feet; thence South 29009 55. West, a distance of
33.27 feet to the beginning of a non-tangent curve to the left, from which point a radial line bears
South 29009'55"; thence westerly along said curve having a radius of 194.00 feet, through a central
angle of 24009'55", an arc length of 81.82 feet; th~~ North 850~'OO," ~est, a d.i~ce of38.99 feet
to the northerly line said parcel; thence along sald lme North 81 1140 East, a dlstance of 122.95
feet to the TRUE POINT OF BEGINNING, containin~ an area of 2.488 sauare feet more of less.
AREA B
BEGINNING at the most northeasterly comer of said parcel; thence along the northerly line of said
parcel South 81011'40" West, a distance of 396.99 feet to the beginning ofa non tangent curve to
the left, from which point a radial line bears North 33034'30" East; thence easterly along said curve
having a radius of 196.00 feet, through a central angle of 28034'31", an arc length of 97.75 feet;
thence South 85000'OO'~ast, a distance of 51.56 feet to the beginning of a tangent curve to the right;
thence along said curve having a radius of 144.00 feet, through a central angle of 24009'55", an arc
length of 60.73 feet; thence South 29009'55" West, a distance of 35.00 feet to the beginning ofa non-
tangent curve to the left, from which point a radial line bears South 29009'55" West; thence westerly
along said curve having a radius of 109.00 feet, through a central angle of24009'55", an arc length
of 45.97 feet; thence North 85000'00" West, a distance of 5 1.56 feet to the beginning of a tangent
curve to the right; thence along said curve having a radius of 231.00 feet, through a central angle of
25005'29", an arc length of 101.16 feet; thence South 81011'40" West, a distance of 381.95 feet to
the northerly line of said parcel; thence along said line the North 39003'39" West, a distance of 40.52
feet to an angle point; thence continuing along said line North 81011'40" East, a distance of 415.30
feet to the TRUE POINT OF BEGINNING, containing an area of 21,104 square feet more or less.
The bearing Nortli 81011 '40" East of the northerly line of the Lands of Santa Clara County as said
line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of
Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit
"B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
42~~.~
r ey A. Bilbo, .L.S. 6141
Expires: 3/3112002
Dated: #--
K:1MAlN\1996IMOO6N.EGALS\J'UEl SPT WPD
EASEMENT DEED- EXHIBIT B
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 5 (Public utilities)
THE FORUM
8K Ja82 OR ?G 1393
T.P.O.B.
(AREA A)
AREA A
PUBLIC unuTY EASE"'ENT
(AREA-2,488 SQ.fT.:)
LANCS OF THE
ROMAN CATHOLJC 8SHO?
SAN JOOE
~
8K K282 OR PG JJ9 J ~ 'OS
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II
COUNTY OF SANTA CLARA
PARCEL At BOOK 0197
OFFICIAL RECORDS PAGE 696
1IrIa.... fdl
En'...... , 5......,.,. , Pl.n....
Subject
EXHISIT -S-
PUBLIC UTILITY EASEMENT
960069-20
Dot e 04-17-98Chkd. BAS
SHEET 1 Of' 2
540 Price Avenue
Redwood Cay, CA 94063
650/482-6300
650/482-6399 (FAX)
Job No.
8y ReS
;;- 11 Y
RESOLUTION NO. 98-156D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FROM COUNTY OF SANTA CLARA
DEPARTMENT OF PARKS AND RECREATION FOR TRACT NO. 9054, EFC 6,
FOR RIGHT OF WAY, PUBLIC UTILITIES, AND STORM DRAINAGE
PURPOSES, OAK V ALLEY (APN 342-05-062)
WHEREAS, the Santa Clara County Department of Parks and Recreation has
executed a Grant of Easement for Right of Way, Public Utilities, and Storm Drainage,
which is in good and sufficient form, granting to the City of Cupertino, County of Santa
Clara, State of California, easement over certain real property for right of way, public
utilities, and storm drainage purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which
is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located as shown on the attached Exhibits
"A" and "B".
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 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
. ~
c~
fuD
Mayor, City of Cupertino
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Recorded without fee under Section 6 10 J
Government Code of the State of California
EASEMENT DEED
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities &
stonn drainage)
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation, (CITY)
an easement for public right-of-way, underground public utilities and stonn drainage facilities over the real property in
the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the
following conditions:
1. CITY shall maintain the facilities in the easement area and the access to the facilities.
2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be
implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be
deemed approved.
3. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to
begin.
4. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24
hours of starting the repairs, identifying the exact location and nature of the repairs.
5. CITY shall not close public access to park lands unless CITY receives written pennission from COUNTY's
Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair,
maintenance or construction work.
6 CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was
begun.
7. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or
state listed species and preserve public access to park lands.
8. CITY shall hold COUNTY hannless and indemnify COUNTY against all liability arising out of CITY's exercise
of its easement rights.
Date ---=:G ()e 8-'4, \ ~ ~ If ~ , ~ ~;~iJ'~).;/:(,. _
== = --= = =-- = = = = - = = =- = = = = --=== - - ==--= = = --= = - - = = = - == =-- = == - -'~= ~~~\
]
State of California
County of Santa Clara
On X IJ(! ~tf, 1998, before me, eoff 1t1. tS>t:t a Notary Public in and for said State,
personaliy appeared Blanca Alvarado, who proved to me on the basis of satisfacto evidence to be the person whose name is
subscribed to this instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument the person or the entityk!zupon be~h'lf of which th. P'BO" .cted .x.ctlt.d th. ~i ~~""'::;;It :.';;;; - - t
~ ,/ 1 . COf1'lf1U9on' 1082878 r
- -"/1 7 i -.; ': Notary Public - CaDf~ I
. / ' I' - /t.' J' Santa Clara County - I
Y Notary Public 1 ~ .... .... ....M:..c::~~es~an~5~ I..
I
\
EASEMENT DEED- EXHIBIT A
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities &
stonn drainage)
All that real propeny situate in the City of Cupenino, County of Santa Clara, State of California
being a portion of the Lands of County of Santa Clara, as shown on that certain Record of Survey
recorded on October 2. 1979 in Book 450 of Maps at page 41 in the Official Records of the County
of Santa Clara, State of California and being more panicularly described as follows:
BEGINNING at the most easterly comer of Parcel B as said comer is shown on that certain tract
map entitled "Tract No. 9054, Oak Valley - Unit 1," recorded on in Book
of Maps at pages inclusive, Santa Clara County Records; thence along the
southerly line of said Parcel B South 81011 '40" West a distance of73.50 feet to the TRUE POINT
OF BEGINNING; thence leaving said southerly line South 85000'00" East a distance of 38.99 feet
to the beginning of a tangent curve to the right; thence along said curve having a radius of 194.00
feet. a central angle of 60000'00", an arc length of 203.16 feet; thence South 25000'00" East a
distance of 55.72 feet to the beginning of a tangent curve to the left; thence along said curve having
a radius of 206.00 feet, a central angle of 49023'50", an arc length of 177.60 feet to the
southwesterly line of the lands of the Roman Catholic Bishop of San Jose as said lands are described
in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at Page 1393,
Official Records of Santa Clara COlUlty; thence along said southwesterly line South 09021'06" East
a distance of 54.06 feet to the beginning of a non-tangent curve to the right from which point a radial
line bears South 10028 '19" West; thence leaving said southwesterly line along said curve having a
radius of 256.00 feet, a central angle of 54031 '41", an arc length of 243.63 feet; thence North
25000' 00" West a distance of 55.72 feet to the beginning of a tangent curve to the left: thence along
said curve having a radius of 144.00 feet, a central angle of 60000'00", an arc length of 150.80 feet;
thence North 85000'00" West a distance of51.56 feet to the beginning ofa tangent curve to the right;
thence along said curve having a radius of 196.00 feet, a central angle of 28034 '30". an arc length
01'97.75 feet to the southerly line of said Parcel B; thence along said southerly line North 81011 '40"
East a distance of 109.48 feet to the TRUE POINT OF BEGINNING, containing an area of27,319
square feet more or less.
A plat showing th~ above described parcel is attached hereto and made a part hereof as Exhibit "B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
B~141
Expires: 3/31/2002
Dated: A..1uJt.~
K\MAINII~
......:.:.-~.,.
EASEMENT DEED- EXHIBIT B
Park:
Project:
APN:
Map Ref.:
Rancho San Antonio
Oak Valley - Tract No. 9054
342-5-62
EFC 6 (Right-of-way, public utilities &
stonn drainage)
~.......----.............
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~ ~9dk,c ............
CD _-_ Cv09o.....
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Tr-lE FORUM LlFECARE INC.
aOOK :<.202 OR ? ACE 1393
&~~
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? ARCEL 3
TRACT NO. 9054
OAK VALLEY
UNIT J
300K _MAPS ?ACES _
,,6
......'..:r
~
. .,,6
.,'
c, '0' @
COUNTY OF SANTA CLARA
450 MAPS 41
\ CD S 85'00'00. E 38.99'
@ t::. =60'00'00. R= 1 94.00' L=203.16'
~
~\ ~ S 25'00'00. E 55.72'
@ t::. =49'23'50. R=206.00' L= 177.60'
@ t::. =54'.'31'41. R=256.00' ,_= 243.63'
@ N 25'00'00' W 55.72'
CV t::. =60'00'00. R=144.00' L= 1 50.80'
@ N 85'00'00. W 51.56'
@ t::. = 28'34' 30' R=196.0Q' l=97.75'
540 Price Avenue
Redwood City, CA 94063
650/482-6300
650/482-6399 (FAX)
EXHIBIT -B-
PUBLIC ROADWAY & UTILITY ESMT
960069-20
Do t e 04-20-98 Ch k d. BAB
SHEET 1 OF 1
IIrIBn .... FUk
tnvln..... , Surwpot'I , Plonn...
Subject
Job No.
By JMP
)
- ..J S l.
r/r
RESOLUTION NO. 98-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR OVERLAND STORM DRAIN
PURPOSES FROM SHEAU JIUNG LEE AND CHAO LING LEE,
1183 CRESTLINE DRIVE; APN 362-25-003
WHEREAS, Sheau Jiung Lee and Chao Ling Lee have executed a Grant of
Easement for Overland Storm Drain Purposes which is in good and sufficient form,
granting to the City of Cupertino, County of Santa Clara, State of California, easement
over certain real property for overland storm drain purposes, situate in the City of
Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto
and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 1183 Crestline Drive.
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 3rd day of August, 1998, by the following vote:
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
DEAN, JAMES, STATTON, CHANG
NONE
BURNETT
NONE
ATTEST:
APPROVED:
Is/KIMBERLY SMITH
City Clerk
IS/MICHAEL CHANG
Mayor, City of Cupertino
GRANT OF EASEMENT
OVERLAND STORM DRAIN PURPOSES
SHEAU JIUNG LEE AND CHAO LING LEE
Hereinafter call GRANTOR, hereby grants to the CITY OF CUPERTINO, a municipal
corporation, hereinafter called GRANTEE, the right to excavate, maintain and use for
overland storm drain purposes as Grantee shall from time to time elect within the
hereinafter described property of those certain premises which are situate in the City of
Cupertino, County of Santa Clara, State of California, and described as follows:
(Description Attached)
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for the purpose of
locating, maintaining or doing any necessary or lawful act in connection with the
maintenance of said easement; there is also granted the right of the use of sufficient land
contiguous to said strip on either or both sides thereof for the purpose of excavation of
and deposit of earth and necessary building material during the time of any repair of the
said overland drainage easement.
The foregoing is subject to the following express conditions:
I. Grantor is solely responsible for the surface maintenance of the surface overflow
valley gutter from leaves, debris or other obstructions.
The Grantee agrees to restore the ground surface and any improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this
+~))o day ot:>Jo n\.)O VLf ,~ 19q24---
~ I
~~~
.dh€4u ()IU~!J .L-ee-
...
~~/ ~
Qroo ~~e-e-'
(N otary acknowledgment
to be attached)
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~. Overfond storm Orain Eos~nT ~
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,
KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE~ CA 951.4a (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION SCALE: /": 20'
STORM DRAIN EASEMENT DATE: dOL Y 1997
. . . . JOB NO. 970/4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of nO 1.'+{:'YI1,'o }
County of ~Sct nl(~, ('J c.{ r0...-
an J /.)- :;.-RY' before me ~ ).).11 X} \.J - t1e nh c f.-)
, DATE' 'NAME. TiTlE OF OFFICER. E.G.. 'JANE DOE. NOTARY PUBLIC'
~
-1
)/
.,~l~ 0 l) "-.1 ;'u ~S)~;;"(S)
o personally known to me - OR - rs;rproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that'by his/her/their
signature(s) on the instrument the person(s},
r. y - ~ .A.-................A......... /'o.--"-.A.. .A.. 1 or the entity upon behalf of which the
(; ~ ,..,~. "~);: Linda J. BentsG>n ~ person(s} acted, executed the instrument:
'" ' "? Comm. #1089317 0
v" ..... -: ; NOTARY PUBLIC CALlrOPNI,^'
~ r SANTA CLARA Co~r~TY '0 WITN ESS my-tland and official seal.
I ~ Comm. Exp June 2. 2000 ... /- /
~~~............~ .....................~..... <-----7'- - J ('\ /' , " 1'7;,.,
~ >'7/~7,( II, Jt-~7jU
SIGNA
personally appeared
/
/
No 5':
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary 10
fill In the data below. doing so may prove
invaluable to persons reiy1l19 on the document.
,1XlINDIVIDUAL
o CORPORATE OFFICER(S)
TITlElS)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
.0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IESI
OPTIONAL SECTION
'j THIS CERTlFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT: . .
: NUMBER OF PAGES (2-- DATE OF DO UMENT / <J-~ ((..v
, Thougl1the data requested here is not required by law. /I L I . \.. I/)'
1 it cou;d prevent fraudulent reattachment of lhis form. SIGNER(S) OTHER THAN NAMED ABOVE l "-flU 0 ,I--f /' q ~ e.. . .
'::~""""'~~~~~~,"><"~~~,-",,,,>,<,,'-,>'-~s.,,>_~,,>-'">-~-~<..s.-~.......S''S~''''''''~'">~~S--'%-'-''''-~~~~,~
=1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. Box 7184' Canoga Par1t. CA 91309.i~ S
J