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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~ ~~~F~ Notary acknowledgment to be attached) U I. Western Diocese of the Armenian Church of North America, a--California Corporation x I ~ -. ~ -, -Ji- Scale: /"'40' A V 'I I ~... /~'(..:'. i:::: :'~.~I ~;j I::? ,.0 '0 '0> ':~". " " ~") ~-~. :::: I 4-/6.54 "~ '::-: Exist. 3 -- ~V/2~.OO /~:,~ ?rivqte . NONTH _/~@/ ~ .. ,: storm Pram 8.00 . t -t.-S?{/~I(\d Easeme.ni, , Sfor/n Drain E05eme.nt..~/ ~R."~o~.f fl- p--- f Over Ion d Sform Dra/n Easement ,;: ~ :, ' 58 Z SF El1sT--' <1' -'~Y./~;; 3 , , /2.00 ~.-: 1:) "'QttD I h. _~., / '/'/" <- , I~ :~:~ 5torm f}rol(7 .:~. East!!71ellt \ .,;-,-, " ,......) '-' .., '\ : / ~ ~,.~: '- .' ,.. '-, ..' \ ~AST " " '.." . j:'".:,/,-' :"-~ /.../ , -..... I , \(l I ~ ~I Q I q;: '::t: Q I.... Q:: Q( ~ ~ ~ "< - 1-.1 -.1 lJ.1 ...... m . <0 ,.... ". :':,~ (:;. A V . ". , - ..:- I:; /~ ,.. -i- , I .. I' ..'_ . I fiRST I I I 4/6.54 : ~ -,' ~'..~" I"' ..' -. ' , I ..... . , .. I ! /. '-. " ' -,- .. " ...... I ....... . I " I 'I' ,.... I.'l",. ....,1 "'i' :~ f:~ I' ~..."._..' / 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) .-------- x ~. .. . j I" ' -J - SCO/t2: '4<) A V /V:-).., /.3 ~?' 9,:-:? ..0 '0 "'(9 I:~... ,.. r-" .. " ',J ~..: !::. .. Jf/I#.54 "~ .~~~ Ex.i st. .3 -- ..A/~?~.ao / . ~:,~ f'rivQte . NORTH _'<#$/ ~ ": storm Pram 8.00 . t ~~~~It'i d EasemenT, , Storm Drain EQseme.nt..~/ <'o~~.~~n \nF--- f Oyer Ian d storm Dra/n Easemenf ) ~ :. , 58 e 5 r: E //51-- - (t\ .EY-j ~j; E . , /2.00 I~ S~ Privote . I~ :...:- 5torm tJroln .: ~. . EasC!ment \ ..; - ,-, ,. ,..., ~ . :.: ;..:' , \ . . " . 1- .. ,.. 1-, .,' \ $AST " " ,.... .. ,... " -. , . ,1 -' ~.,. .:,-- /"'.i -- \Q I ~ , ~ Q I c:r;: ~ 0 I... ~ Q:: ~ ~ ~ "< - ,-.1 -.l lJ.1 ..... m , <0 /.. -. . "'to ,'... ...' .. ..' A 'V . " , - -:- /=; ,=~ ,"... - i- , .. I ,,__ .. I t:1I5T I I I 4/1#.5/f : ~ '.' ~::.~ .. '. ,.. u; , . ..... I' , . . , ! ,. . h. '. ' .... " ...... I ........ ,-. .. .. , ", ''', , t"",. ~",7 Wi' :;: f:~ I , '..' '.",' , 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