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E-851 Grant of Easement for Storm drain retention basin purposes, 23500 Cristo Rey DriveRECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27281 24084378 Regina Alcomendras Santa Clara County -Clerk-Recorder 12/19/2018 10:58 AM Pages: 8 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES 23500 Cristo Rey Drive, Cupertino, CA 95014 The Roman Catholic Bishop of San Jose, a California corporation '9( Original .u· For Fast Endorsement "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 dated, November 15, 2018 from 23500 Cristo Rey Drive, Cupertino, CA 95014 to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: December 17, 2018 By: ~nScipudar Senior Offlce ·Assistant GRANT OF EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES 23500 Cristo Rey Drive, Cupertino, CA 95014 The Roman Catholic Bishop of San Jose, a California corporation sole, hereinafter called GRANTOR, hereby grants to the CITY OF CUPERTINO, a California municipal corporation, hereinafter called GRANTEE, the right to excavate for , install , replace , maintain, and use for sto1m drain purposes as GRANTEE shall from time to time elect within the real property described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupe1tino , County of Santa Clara, State of California. GRANTOR hereby fmther grants to GRANTEE the right and privilege to enter upon his lands contiguous to and along the line of the said hereinabove described real property for the purpose of lqcating, constrncting, repairing , maintaining, or replacing any public storm pipe or appmienances thereto , and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said stmm drain ; there is also granted the right of the use of sufficient land contiguous to said real propetiy on either or both sides thereof for the purpose of excavation of and deposit of ea1ih and necessary construction material during the time of constrncting said stmm drain and public sto1m pipe , and any repair thereof. The foregoing is subject to the following express conditions: 1. The GRANTOR shall retain the obligation to keep the area within the easement free and clear of buildings , debris , silt and non approved vegetation or structures . The GRANTOR shall annually maintain and clear the basin area in order to insure the proper functioning of the basin. 2. The GRANTOR shall be responsible for relocat ing any facilities other than those specifically related to the retention basin and public stmmwater conveyance at the sole discretion of the GRANTEE . 3. The GRANTOR also shall have signs posted at all times in the easement area to warn of a potential flood hazard. The Grantee agrees to restore the ground surface and any improvements thereon to its original grade or condition, unless approved othe1wise by the GRANTOR, insofar as it is practicable and reasonable to do so . 1 r~ { ,-,. . L_ IN WITNESS WHEREOF , executed this / ..1 day of~/_ll.1_ ~-----' 2018. City of Cupe11ino: ~PE Director of Public Works (Nota ry acknowledgment to be attached) The Roman Catholic Bishop of San Jose , a California corporation sole : V_GL· v. Msgr. Francis V . Cilia ~ttorney in Fact I~ ::-., Bkf ENGINEERS SURVEYORS PLANNERS September 25, 2018 BKF Job No.: 20165092-10 EXHIBIT "A" EASEMENT DESCRIPTION FOR: STORM DRAIN RETENTION BASIN EASEMENT All that certain real prope1iy in the City of Cupe1iino, County of Santa Clara, State of California, and desc1ibed as follows: BEING a portion of Parcel One as said parcel is described in the Memorandum of Lease by and between The Roman Catholic Bishop of San Jose and Rancho San Antonio Retirement Housing Corporation, recorded March 6, 2006, as Document Number 18832013, Santa Clara County Official Records , said portion being more particularly described as follows: BEGINNING at the northwesterly tenninus of that certain course described in said Memorandum of Lease (18832013) as "No1ih 61°04'48" West 100.85 feet" on the northeasterly line thereof; THENCE along said northeasterly line South 61 °04'48" East 50.00 feet; THENCE leaving said northeasterly line South 02°42'58" East 48.05 feet; THENCE North 89°50'49" West 11.03 feet; THENCE South 52°00'00" West 21.21 feet; THENCE South 13°00'22" West 112.59 feet; THENCE North 83°58'35" West 33.98 feet; THENCE South 73°08'36" West 21.77 feet; THENCE North 51 °58'17" West 62.18 feet; THENCE North 38°01'43" East 7.79 feet; THENCE North 22°07'55" West 32.23 feet; THENCE North 14°39'06" East 81.19 feet; THENCE Nmih 00°24'58" East 77.49 feet; THENCE South 73° l 7'2311 East 92.61 feet to the aforementioned northeasterly line of said Mernorandum of Lease (18832013); THENCE alorig the last said line South 53°33'56" East 10.18 feet to the POINT OF BEGINNING. Containing an area of 25,282 square feet. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". red from record infonnation for BKF Engineers. Dated: ___ C)_-_? _ _r:_-/._8 ___ _ K:\2016\ l 65092_Forum_ Cupertino\DOCS\08-Survey\l-P lats _ and_ Legal _ Desc \FO-RET-BASIN-DESC.doc Page 1 of 1 ,... __ I s 73 ---sr.9< I °77 ,<J"--''S1'6', E: --w I 9<-61 ·-- ~ I. . .... ~,~ ~ N ' 670 bl~ s ~' ~ I qoo , -ta,, Jr ' 'o,., I (/) v:as, I l ~,~ /\ ~'~ / ., ~I~ .,\ . I~ ,,'\" lrri I ~ ,& '\ o()() 'l,' r-c_J I ':, 'l, n'\ • i.LJ S "/ N 89°50'49" W , • ( 11 .03' / .& STORM DRAIN / i / oi RETENTION BASIN P I I :!: EASEMENT I "oi I <: 25,282 SF± / If) k/ / ~ \ N 22°07'55" W / .s: ~ 32.23' '· \ I~ N 38°01'43" E~) / 8 1. 19· <. / !:: ' /0 ~',~ I s,o ,'a· I .Sa, ' '>-. I.,' 33.98' / I ,y ' -----.J/ '--""t° N 83058'35" W s 73°oa'35" w.J. 21.77' T H E'. f OR UM AT RANC H O SAN A NTO N JO 282 O.R. ·J 39 3 MEMORA NDUM Of LEAS£ PA RCEL ON £ 1 8 83 203 O.R . LEGEND: 0 .R. OFFICIAL RECORDS SF SQUARE FEET GRAPHIC SCALE 40 0 Bkf ENGINEERS/ SURVEYORS/ PLANNERS 40 80 1646 NORTH CALIFORNIA BLVD . SUI TE 400 WALNUT CREEK, CA 94596 925-940-2200 925-940 -2299 (FA X) CITY OF CUPERTINO SANTA CLARA COUNTY EXHIBIT "B" Subject ~P=LA""""T-'--'-T-'-0-'-AC...C.C-'-CO-'--'M"""P..;_A"-'-NY-'--~~~~ EASEMENT DESCRIPTION Job No. 20165092 -10 By MLH Date 09/25 /18 Chkd.BTW SHEET 1 OF ..;_1~~- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A n o ta ry puhlic o r o ther offic er completing this certificate verifi es o nly the identity of the individual who signed th e document to which this certifica te is a ttach ed, and n ot th e truthful n ess, a cc u racy, or valid ity of tha t document. State of California 3a,rla cJ af'tG County of --------------- On Novllnb« I~ I JJJlt before me , -Li ND-A f-/uGScA Tu.LLJ (He re in sert name and title of the ofltcer) , Notary Public , -V. {!_ I J..1,4 personally appeared ---------------------------------------------- who prove d to me on the basis of satisfactory evidence to be the person("") whose name(""') is /~ subscribed to th e within instmment and acknowledged to me that he /s00/tk0:,· executed the same in his /hem'their autho1ized capacity(,i,86,), and that by his /k-e1:-/tl-teir signature(~ on the instmment the person~, or the entity upon behalf of which the person~ acted, executed the instmment. I certify under PENALTY OF PERJURY under the law s of th e State of California that the foregoing paragraph is hue and con-ect. WITNESS m y hand an d official seal. Si~~~#f (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TT ACHED DOCUMENT 6ra11t ott;"a..suY1u-t tar ~-tovm Div~ (T itl e or description of attached document) «~~r~c~~~-~1~~B~~~ntinued) N umb e r of Pages§__ D oc u ment D ate Noll. tS , ~ofl ,, ' IV\d~ Aduiawlr1()lbibii(A'' tt/1\l B' (A ·ti ona l infonnation) CAPACITY CLAIMED BY THE SIGNER D Indi v idu al (s) D Corporate Offi ce r (Titl e) D Partner(s) Ef' Attorney-in-Fact D Trustee(s) D Other _____________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmowledgment co mp leted in California must contain verb iage exacrly as appears above in the nota,y section or a separate acknowledgment _/onn must be properly completed and attached to that document. The on(l' exception is i/ a document is to be re co rded outside qf' Californ ia. In such instances. any alternative acknowledgment verbiage as may be p rinted on such a docume111 so long as the verbiage does not require the nota1y to do something that is il/ega/_/or a nota,y in Cal{/Ornia (i.e. certifying the authorized capacity of the signer). Pleas e check the document car~fid/y_/or proper no tarial wording and attach thisform if required. • State and County infonnation must be th e State and County w here the doc um ent signer(s) perso nall y ap peared before the notary public fo r ackno w ledgment. • Date of no tarization must be th e date tliat th e s igner(s) perso na ll y appeared whi ch mu st also be the same date the acknow ledgment is co mpl eted. • The notary public mus t print hi s o r her name as it appea rs within hi s or her co mmiss ion fo ll owed by a comma and th en yo ur ti tle (notary publi c). • Print the name(s) of do cument signe r(s) who persona ll y appear at the tim e of notari zation . • Indicate th e COITect s ingular or p lu ra l forms by crossing off incmTect fonns (i.e. !ie/s he/#iey, is /are) o r circling the cmTect fonns. Fa ilure to co ffectly indi cate thi s infonnation may lead to rej ection of document record in g. • The notary seal impression mu st be cl ear an d photographica lly reprod ucib le. Impress ion mu st not cove r te xt or lines. If seal impress ion smudges, re-sea l if a suffi cient area permits, otherwise co mpl ete a different acknowledgment form. • S ignature of the notary publi c must match th e s ign ature on file with the office o f th e co un ty c lerk. ••• Additio nal in fo nn ation is not required but co ul d help to ensure th is acknow ledg ment is not mi sused or attac hed to a difterent doc um ent. ••• Indicate tit le or type of attached doc um ent , number of pages and date. •!• Ind icate th e capa c ity c laimed by the s igner. If th e claim ed capacity is a corporate officer, indicate th e titl e (i.e . CEO, CFO, Secretary). • Sec urely attac h thi s d oc um ent to the signed document C .!00·1·20 15 ProLlnk Sign ing Scrvh:e, Inc -All Rig hts Reserved ww, ..... ThcProLink.i.:om -Nationwide Notary Se rv ice CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. State of California } County of 6~ J(J.,{0-} On-~~--· _1-+-1 _2_-6i_<-f __ before me, ,j U-Gt A ILtN":;>T, {\{o-~-~1-/L ~ (Here insert nam e and title of the omt:e·r) personally appeared fl 11J---jr-J..--· hc..rv--c,l41 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary ~p blic Signature (Notary Public Seal) ---------------------:19 JULIA KINST ; Notary Public • California • Santa Clara. County Commiasion ti 2177 456 Mw Comm. Exolr11 Jan 25, 2021 'I T INSTRUCTIONS FOR COMPLETING TIDS FORM ADDITIONAL OPTIONAL INFORMATION This form co mplies ll'ilh curren t California statut es regarding no/my wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be co mpleted and al/ached to th e docume nt. Ackno ll'l edgmen ls tl V~ e-,ff ~~ ~. / ~ W-from oth er stales may be co mpleted for docw11enls being sent lo tha t stale so long We.~ ~~ ~~ ~V-~ ~~~he wording does no / req uire the Ca lifornia 1-wlm}' to violate Ca lifornia 11 0 /a,y (Title or description of attached document) -~ • State and County infonn ation mu st be th e State and Coun ty where the d oc um e nt /) J VY\ Sfv ~ ()A s ign e r(s) personally appeared before th e notary public for acknow le dgment. d= SQ[. ' • Date of notariza ti on must be th e date that th e signer (s) perso nally appeared which (Title or description of attached document ontinued) must a lso be th e sa me date th e acknowledgme nt is comple ted. l ~ / l 1 h1 J • Th e no tary publi c mu st p,int hi s or he r name as it appears with in bi s or her Number of Pages ...'.::1--Document Date I 7'~ lf-µ;,• co nuniss ion fo ll owed by a comma and th en your title (nota,y public). C(?PACITY CLAIMED BY THE SIGNER ~ Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in -Fact o Trustee(s) D Other _________ _ 2015 Version www.NotaryC lasses.com 800-873-9865 • Print the name(s) of d ocum ent sign er(s) who personally appea r al th e time of notari za ti o n . • indicate the coITect s ingular or plural fonns by crossing off in con-ec t fonns (i.e. he/sh e/they, is /are) or c ircling the coITect fonns. Failw-e to coITec tl y indi cate thi s infonnation may lea d to rejection of docume nt recordin g . • Th e notaiy sea l impress io n m ust be c lea r and ph otograph ica ll y re producibl e. lmpressio n must not cover tex t or lin es. If sea l impress ion smudges, re -sea l if a suffi c ient area pennits, otherw ise com pl ete a diffe rent acknowledgm ent fo nn. • Signature of the notary public must match th e signature on file with the ot1ice of th e co unty clerk. •!• Add iti ona l infonnation is not req uired but cou ld he lp to ensure thi s acknow ledgme nt is not mi sused or attached to a diffe re nt doc um ent. •!• Indicate titl e or type of attac he d document, numbe r of pages and date. •!• indicate the capacity cla im e d by th e s ign er. If th e claimed capacity is a co rp o rate ot1icer, indi cate th e title (i.e. CEO, CFO, Sec retary). • Securely attach thi s doc um e nt to th e s ig ned document w ith a sta ple .