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E-010 STORM DRAIN PURPOSES, STEVENS CANYON RD PLEASE RETURN TO: ��9��� NO FEE .TO .BE CHARGED IN AC- Ci;%;,t ,of,Ciapertino CORDANCE .WITH.GOVERNMENT 10300 Torre Avenue CODE' SECTION 6103 Cupertin.o, 'CA 95014 GRANT OF EASEMENT Ol o STORM DRAIN PURPOSES BooLD 384 FG589 KAISER CEMENT & GYPSUM CORPORATION, hereinafter called.GRANTOR, hereby grants to the CITY OF CUPERTINO, a municipal corporation, hereinafter called GRANTEE, the right 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 those certain premises which are/situated in the City of Cupertino, County of Santa Clara, State of California, as 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, constructing, repairing, maintaining, or replacing said storm drain or appurtenances thereto, and 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 purpose of excavation of and deposit of earth and 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 or condition insofar as it is practicable and reasonable to do so. Grantee hereby agrees to pay any damages which may arise from the laying, maintaining or operating of said storm drain and agrees to protect, indemnify and save harmless Grantor and its successors and assigns from and against any and all liability, loss, cost, damage, expense and claims of every kind and character due to injury to or death of any person whomsoever or loss of or damage to any property whatsoever, arising directly or indirectly out of or incident to the existence, use, maintenance or condition of said storm drain. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this M 2nd day of December 19 77 . 00 .a ©0 o OC�U a�� comer g -J Q. � Senior Vi President,esident, Manufacturing & Distribution <-J<< Kaiser Cement & Gypsum Corporation [LZ.:QUr c°o�Q d �dts.Flt! CS (Notary acknowledgment to be attached) BA 384 PG590 STATE OF CALIFORNIA) ss. COUNTY OF ALAMEDA) On December 2, 1977, before, me, the undersigned, a Notary Public in and for said State, personally appeared J. I. Walker, known to me to be the Vice President of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowl- edged to me that such corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. ®11131@81Q/Big 8//11@ oil 113 118c 11231281188@®log @/@@Q1111111a OFFICIAL SEAL / _ .•' :a DONNA M. ANDERSON v NOTARY PUBLIC - CALIFORNIA q COUNTY OF ALAMEDA My Commission Expires April 3,1981 @D6/Q @06/Q1/?QIGSQ.@YQk9€8082/11:y�6EQ1/16CQ/8L @81188///:9 Donna M. Anderson Name Typed or Printed) Exhibit "A" At _ BOOK 384 PG 591 STEVENS CREEK STORM LINE All that certain real property situated in the City of Cupertino and the County of Santa Clara, County of Santa Clara, State of California, described as follows: A strip of land ten foot (10') width measured at right angles, said strip being a portion of that lot entitled, "McDonald & Dorsa", as shown on that Record of Survey, filed for record in the office of the Recorder of the County of Santa Clara, State of California, on May 6, 1968 in Book 237 of Maps at page 9; centerline of the said ten foot strip described as follows: Beginning at a point along the Southerly line of the Northwesterly 1/4 section of Section 22 measured 957.32 feet westerly from the center of said Section 22, as shown upon said Record of Survey; thence from said point beginning S. 4210' 28" E., 154.69 feet;. thence S. 40 023' 53" E. , 174.69 feet; thence S. 60037' 38" E. , 66.46 feet; thence S. 8641' 59" E. , 80.73 feet; thence S. 10'056' 31" E. , 75.00 feet to the limit of the proposed easement; said point being S. 72°43' 37" E. , 147.10 feet from that certain iron pipe along the Northeasterly boundary line of that certain 77.385 Acre property of County of Santa Clara as shown upon said Record of Survey, said iron pipe also being N. 87°57' 21" E. , 155.00 feet from an iron pipe along said boundary line used as bases of bearing, for said Record of Survey. Containing: 0.1266 acre more or less A.P.N.: a portion of 351-10-32 or 1125 3 CM D 1N-3 6N3C-1 Ni`dao W ?Jp1S =fO A-Lr*-rnoZ? � o, ��� 5-=I0-DV' S(2S 'LL ,00'SL ,�� '�w��,/7po��S t l - --- � ZL �S •�0.•S X31 - � _ .-� - �.,�z ,�s ors •r ,�L•c78`•� .�S,I� o�8•s � � ��� , xv'99 �'3 1,�� LS 10 19 s.' -�Y \ \mod i O . 602 't7 L1 00 -111 Noun 3 s '2 0 N 1-1 -- — � dtir� rvoilv�ol y ��r ovoa n .9� ocav�ia J �r vzwo• t� Q n ro " hb' olbco 0 r ps C7y008 "NO FEE" BOOKD 384 PG593 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 dated December 2 , 19 77 , from Kaiser Cement & Gypsum Corporation to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on December 19 19 77 , and the grantee consents to recordation thereof by its duly authorized officer. Dated: December 21, 1977 1 By De,p,,uby,-tity,!C1 rk' -,'; Cittiy of{Cupertino%;:7��. �' °aye; �`' r r aoOKJ� 384 ro594 RESOLUTION NO. 4620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR STORM DRAIN PURPOSES FROM KAISER CEMENT & GYPSUM CORPORATION CONSISTING OF APPROXI- MATELY 0.1266 ACRES, LOCATED ON STEVENS CANYON ROAD SOUTH- ERLY OF RICARDO ROAD WHEREAS, there has been executed a Grant of Easement for Storm Drain purposes which is in good and sufficient form granting to the City of Cuper- tino, County of Santa Clara, State of California, easement over certain real property for 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; NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED, that the City Clerk be and he is hereby auth- orized to record said dedication and this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of December , 1977, by the following vote: Vote Members of the City Council AYES: Jackson, Meyers, Nellis, O'Keefe, Frolich NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Donald A. Frolich Mayor,. City of Cupertino ATTEST: 1RJ fik'-�$`id�N����"D'b�tr1.4'�,ri,�`S�. G�t�cr�yC s C❑WY " /s/ Wm. E. Ryder A r'A City Clerk PITY 01 THE CITY,rF1F_ RTIN©: eye �'1 Exhibit "A" Res. No. 4620 "STEVENS CREEK STORM LINE" 0000 384 PG595 I All that, certain real property situated in the City of Cupertino and the County of Santa Clara, County of Santa Clara, State of California, described as follows: A strip. of land ten foot (10') width measured at right angles , said strip being a portion of that lot entitled,"McDonald & Dorsa", as shown on that Record of Survey, filed for record in the office of the Recorder of the County of Santa Clara, State of California, on May 6, 1968 in Book 237 of Maps at page 9; centerline of the said ten foot strip described as follows: Beginning at a point along the Southerly line of the Northwesterly 1/4 section of Section 22 measured 957.32 feet westerly from the center of said Section 22, as shown upon said Record of Survey; thence f iom said point beginning S. 4210' 28" E. , 154.69 feet; thence S; 40°23' 53" E. , 174.69 feet; thence Ss 60 °37' 38" E. , 66.46 feet; thence S: 86`041' 59" E-, 80.73 feet; thence S. 10056' 31" E. , 75.00 feet to the limit of the proposed easement; said point being S. 72°43' 37" E. , 147.10 feet from that certain iron pipe along the Northeasterly boundary line of that certain 77.385 Acre property of County of Santa Clara as shown upon said Record of Survey, said iron pipe also being N. 87°57' 21" E. , 155.00 feet from an iron pipe along said boundary line used as bases of bearing, for said Record of Survey. Containing: 0.1266 acre more or less A.P.N..: :a portion of 351-10-32 i I i - i - 8 J r � X84 eoo PG596 P°at° J IL '! Vq Sip C EL[ER 7.0 ��vF Pq ,ewe . B4LBOA G eoao C� y LOCoTION TAhP '14144111 ,11 1/4 SEcTlov-1 5-7. 32� ' I-I N E I . WEST ECLY 4120 10° 28'° E CENTS ,off S, 40° t44c�IL \ 17 4. opO�L \ 10, eASEM$N"r X007 37'BB" E• 6(o.410' IJ. 18-7° S-° 21�� - /47,43 ' B7 A' ; , 7 5.00' -1-7, 385 A C-P-ft o F 1 COUNTY ;OF SANTA CLA�c'A STo 2 M 17.2At N C-A5C-M ENT T® "rye CITY OF CL1PC-P'T1 Q0 r , ��i i�i7 L':✓161 i