E-452 GRANT OF EASEMENT FOR OVERLAND STORM DRAIN PURPOSES, 11370 S. STELLING RD
DOCUMENT: 14355373 Titles: 1/ Pages: 5
RECORDING REQUESTED BY
~ee14355373~
City of Cupertino
WHEN RECORDED MAIL TO
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Fees. No Fees
Taxes. . .
Cop i es. .
AMT PAID
I
C f I J
RDE tI 13133
8/26/1998
11: 39 AM
"
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
GRANT OF EASEMENT
OVERLAND STORM DRAIN PURPOSES
WESTERN DIOCESE OF THE ARMENIAN CHURCH OF NORTH AMERICA,
A CALIFORNIA CORPORA nON
t Original
o For Fast Endorsement
DeC-31-97 WED ~9:29 AM
F'. a 1
GRANT OF EASEMENT
OVERLAND STORM DRAIN PURPOSES
~Y..ES.IE.RNDlOCESE OF THE ARMJ~N.IAN..CHVRCH QEt:ID1UH AMERICA.
A CALJFORNIA .c.QRf'ORA]]QN
Hereinafter call GRANTOR, hereby grants to the CITY OF CUPERTINO. a municipal
cl)rporation, 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 ()fthose certain premises which are situate in the City of
Cupeltino, County of Santa Clara, State of California, and described as follows:
(Description Attached)
011;1nt01 hel'~by further grants to Grantee the right and privilege to enter upon his Ia.nd5.
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.
2. Grantor is solely responsible for the maintenance and cleaning of the storm drain
pipe, valley gutter and catch basins on the Grantors property and the storm drain
pipe installed by the Western Diocese of the Armenian Church of North America
on the property as described in that certain Private StOlm Drain Easement filed f01'
record in Book J994 of Official Records at page 901, Santa Clara County Records.
Annual maintenance shall include as a minimum, inspection and clean or flushing
existing pipeline, al1d cleaning of leaves and debris from catch basin grates and
valley gutters.
3 The l~oncrete surface overflow valley gutter shall be constructed on the easterl)'
property line and shaH not be modified except with the expressed approval of the
Grantor.
TIle 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.
~~ ~l~ESS WHE .
~~__-==day of
F, said parties have executed this Grant of Easement this
. -,199Z~
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Notary acknowledgment
to be attached)
U
I.
Western Diocese of the Armenian Church
of North America, a--California Corporation
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KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION SCALE: I"' 40'
STORM ORAIN EASEMENT DATE: JL/LY /997
JOB NO. 970/4
-
. ~,
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant deed.
January 21, 1998, from:
WESTERN DIOCESE OF THE ARMENIAN CHURCH OF NORTH AMERICA,
A CALIFORNIA CORPORATION
to City of Cupertino, a governmental agency, is hereby accepted by order of the City
Council on August 3, 1998, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: August 7, 1998
By: RA-<<~ ./ 4~
Administrative Clerk
City Clerk's Office
City of Cupertino
/
RESOLUTION NO. 98-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR OVERLAND STORM DRAIN
PURPOSES FROM WESTERN DIOCESE OF THE ARMENIAN CHURCH
OF NORTH AMERICA, A CALIFORNIA CORPORATION, 11370 SOUTH
STELLING ROAD; APN 362-25-032
WHEREAS, Western Diocese of the Armenian Church of North America, a
California Corporation 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 11370 South Stelling Road.
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:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
APPROVED:
ISI KIMBERLY SMITH
City Clerk
ISI MICHAEL CHANG
Mayor, City of Cupertino
,.. u{Y'
t' ~-{
RESOLUTION NO. 98-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR OVERLAND STORM DRAIN
PURPOSES FROM WESTERN DIOCESE OF THE ARMENIAN CHURCH
OF NORTH AMERICA, A CALIFORNIA CORPORATION, 11370 SOUTH
STELLING ROAD; APN 362-25-032
WHEREAS, Western Diocese of the Armenian Church of North America, a
California Corporation 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 11370 South Stelling Road.
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:
Vote 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
x
DEC-~1-97 WED 09:29 AM
F'. eo 1
GRANT OF EASEMENT
OVERLAND STORM DRAIN PURPOSES
~~E.R~t DIOCESE OF THE ARMENJAN.CHURCH Qf~~RTH AMERICA.
A CALJFORNIA CORl'ORA1JON
Hereinafter call GRANTOR, hereby grants to the CITY OF CUPERTl1\!O. a municipal
cllrporation, hereinafter called GRANTEE, the right to excavate, maintain and use for
overland storm drain pulposes as Grantee shall from time to time elect within the
hereinafter described property of those cenain premises which are situate in the City of
Cupeltino, County of Santa Clara, State of California, and described as follows:
(Description Attached)
GtClnWr hel't=by further grants to Grantee the right and privilege to enter upon his la.nd~
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 coMcction 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:
1. Grantor is solely responsible for the surface maintenance of the surface overflow
valley gutter from leaves, debris or other obstructions.
2. Grantor is solely responsible for the maintenance and cleaning of the storm drain
pipe, valley gutter and catch basins on the Grantors property and the storm drain
pipe installed by the Western Diocese of the Armenian Church of North America
on the propeny as described in that certain Private Storm Drain Easement fiied for
record in Book )994 of Official Records at page 90 I, Santa Clara County Records
Annual maintenance shall include as 8 minimum, inspection and clean or flushing
existing pipeline, and cleaning of leaves and debris from catch basin grates and
valley gutters.
3 The concrete surface overflow valley gutter shall be constructed on the easterl)'
propel1y line and shall not be modified except with the expressed appro va! of the
Grantor.
The Grantee agrees to restore the ground surface and any improvements thereon to it~
original grade or condition insofar IlS it is practicable and reasonable to do so.
~~ ~l~ESS WHE .
~~.__==day of
F, said parties have executed this Grant of Easement this
~ 1991.~
~~~~~
Notary acknowledgment
to h. att:lched)
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KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION SCALE: I"- 40'
STORM DRAIN EASEMENT DATE: dULY /997
JOB NO. 970/4