E-459 GRANT OF EASEMENT FOR STORM DRAIN PURPOSES, STEVENS CANYON RD
GRANT OF EASEMENT
STORM DRAIN PURPOSES
APN: 351-10-023
Stevens Canyon Road
Kaiser Cement Corooration, A California Corporation, hereinafter called Grantor, hereby
grant(s) 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 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 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, 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 purposes 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.
~TNESS WHEREOF, said parties have executed this Grant of Easement this A:: day
of ..u.aJ' , 19!jJ
Owners:
Kaiser Cement Corporation,
A ifomia Corporation
g.
By:
Title: V. f Op fM-{Lf,..ovt.&
(Notary acknowledgment to be attached)
(CITY OF CUPERTINO RESOLUTION NO. 98-237 ATTACHED)
EXHIBIT A
EASEMENT FOR CONSTRUCTION
AND MAINTANENCE OF A
DRAINAGE FACiliTY, STEVENS CANYON ROAD
CUPERTINO, CA
All of that real property situate in the City of Cupertino, Santa Clara County, California
described as follows:
BEGINNING at an angle point in the Easterly boundary of Stevens Canyon Road, said
point being at the Southerly terminus of the course designated as N33032' 18"W
121.57 feet in the document recorded in Book 4355 of Official Records at page 293,
Santa Clara County records; thence along said Easterly boundary the following
courses: N33032'18"W 121.57 feet, N13023'31"E 167.66 feet, N39059'11"E 61.56 feet
and N2037'22"E 27.91 feet; thence leaving said Easterly boundary and continuing the
following courses: S68010'27"W 86.11 feet, S18049'33"W 227.45 feet, S33044'27"E
109,98 feet and S89028'23"E 79,75 feet to the point of BEGINNING.
Containing 0,51 acre more or less and lying within the City limits of Cupertino,
California,
Cu-drainage-easement
ALL-PURPOSE ACKNOWLEDGMENT
r.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.,
State of California } .
County of !;OJlM ~ SS. t
On ~AT~t;qqt S-f..~:~~r~ meZi 51 0:;" S(,mArt' !
personally appeared ,~W7/f.; p. ~ t
SIGNER(S)
o proved to me on the basis of satisfactory t
evidence tn be the person(s) whose name(s) :
is/are subscribed to the within instrument and ,
acknowledged to me that he/shelthey executed ,.
the same in his/herltheir authorized
capacity(ies), and that by hislherltheir .
J. .. ........." "f signature(s) on the instrument the person(s), ,
t - i)' co~~.E: 1~'O;~64 <: or the entity upon behalf of which the t
· U). · NOTARY PUBLIC. CALIFORNIA (f) person(s) acted, executed the instrument. ·
· ... Santa Clara County - .
t ... ... My Comm. Ex ires Au . 18, 2000 t
i WITNESS my hand and official seal. i
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· OPTIONAL INFORMATION ·
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
i ~.:..:~:; ;=:ri~; :~:;n~PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i
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t g INDIVIDUAL ~ .. - ..-1 t
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- OR-
APA 1/94
VALLEY-SIERRA, 800-362.3369
RESOLUTION NO. 98-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR STORM DRAIN PURPOSES FROM
KAISER CEMENT CORPORATION, A CALIFORNIA CORPORATION,
STEVENS CREEK ROAD, APN 351-10-023
WHEREAS, Kaiser Cement Corporation, a California Corporation, has executed a
Grant of Easement for 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 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 on Stevens Canyon 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 21 sl day of September, 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
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COpy
OF THE ORIGINAL ON FILE IN THIS OFFICE.
ATTEST (DATE) f- 2. :2--7 Y
CITY CLER~ OF THE CITY 4~O
BY )lictUJ-/ ~
.
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby gIven m 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
August 4, 1998, from
Kaiser Cement Corporation, a California Corporation
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
September 21, 1998, and the grantee consents to recordation thereof by its duly authorized
officer,
Dated: September 22, 1998
By:
) /\
/l ; "
, )z1/1r(~ / (;~(,-t:~
Administrative Clerk
City of Cupertino