89-114a Rancho San Antonio Retirement Housing Amendment to grant Water System Easement, Resolution 8508Cit-4 of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
September 30, 1991
Clerk of the Board
Attention: Erline Jones
Office of Santa Clara County Board of Supervisors
County Government Center, East Wing
70 West Hedding Street
11th Floor
San Jose, CA 95110
1Bi t' lei i e • ! P �I• 9t . 0 IM
Dear Ms. Jones:
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and County of Santa Clara, Amendment to
Grant of Water System Easement which has been fully executed by City
Officials, along with one (1) certified copy of Resolution No. 8508.
Resolution No. 8508: "A Resolution of the City Council of the City of
Cupertino Approving and Authorizing the Execution of Amendment to Grant of
Water System Easement; Quitclaiming Original Waterline Easement; Accepting
New Waterline Easement; Santa Clara County --In Conjunction with Forum
project"
Sincerely,
DOROTfiY COR�NELI'i7S—
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
-TS COPY
G � � 6 G.�$� �, to
AMENDMENT TO GRANT OF WATER SYSTEM EASEMENT
This Amendment to Grant of Water System Easement is made this
16th day of September , 1991, by COUNTY OF SANTA CLARA, a
political subdivision of the State of California ("County") and
CITY OF CUPERTINO, a municipal corporation ("City").
RECITALS
A. COUNTY granted certain underground easements to CITY by
that Grant of Water System Easement dated February 13, 1990 which
was not recorded. The legal description of the proposed location
of the water system was attached as Exhibit "B" to the Grant of
Water System Easement. The Grant of a Water System Easement was
attached as Exhibit "E" to that Agreement for Grant of a Water
System Easement for Construction, Operation and Maintenance of
Water Line Across Lands of County ("Agreement for Grant of a Water
System", hereinafter), dated February 13, 1990, together with said
legal description attached as Exhibit "B" thereto.
B. Said Agreement for Grant of a Water System and Exhibits
"A" through "E" were recorded on May 14, 1990, in Book L354, pages
1233 through 1264 in the Official Records of the County of Santa
Clara.
C. Exhibit "B" to the Water System Easement does not
reflect the actual area in which the water line for the water
system has been installed.
D. The parties desire to amend the Water System Easement to
terminate the easement described in paragraph (b) of the Water
System Easement and to substitute in its place an underground
easement described in the legal description set forth in Exhibit
"1" hereto.
NOW THEREFORE, the parties agree as follows:
1. Grant by County. COUNTY, in consideration of CITY's
agreement to terminate the easement granted over the real property
described in Exhibit "B" of the Water System Easement, grants to
CITY, its successors and assigns, a right of way and easement to
install, inspect, maintain, repair and replace water pipelines and
appurtenances thereto, to be used for transporting water for a
fire flow system and potable water supply through said pipelines.
Such right-of-way and easement shall be fifteen (15) feet in width
Brian Kangas Foulk
September 18, 1990
Job No. 880186.21
a
EASEMENT FOR 15' WATER LINE AND FIRE HYDRANTS
FROM ST. JOSEPH'S SEMINARY OVER THE LANDS OF ConsulunEngineers
SANTA CLARA COUNTY 540Price Avenue
Redwood Dy, CA 94063
415/365-0412
SITUATE in unincorporated area of the County of Santa Clara, State of rAX415/365-1260
California and described as follows:
BEING portions of those certain parcels of land designated as (1)
"Parcel A" described in the Grant Deed to the County of Santa Clara
recorded October 11, 1977 in Book D197 at page 696, Series No.
5809130, in the Official Records of Santa Clara County, State of
California and shown on that certain Record of Survey filed October
2, 1979, in Book 450 of Maps at page 41 in the Office of the Recorder
of Santa Clara County, State of California; and (2) that certain
parcel of land described in a second Grant deed to said County of
Santa Clara recorded January 19, 1981, in Book F858 at page 38,
Series No. 6957803 in said Official Records of Santa Clara County,
State of California; said portions being more particularly described
as follows:
PARCEL 1: 15.00 FOOT WIDE WATER LINE EASEMENT
BEING a 15.00 foot wide easement, by perpendicular measurement, for
water line purposes, the centerline of which is described more
particularly as follows:
BEGINNING at a point lying at the intersection of that certain course
having a bearing and distance of North 81°11'40" East $12,29 feet... .
with a line drawn parallel to and distant northeasterly 7.50 feet by
perpendicular measurement from that certain course having a bearing
and distance of North 39°03'39" West 219.48 feet as said courses are
called out in first -mentioned Grant Deed (S/N 5809130) and shown on
aforesaid Record of Survey; said POINT OF BEGINNING lying North
81°11'40" East 8.68 feet from the westerly terminus of first:.called.-,. ..
course (North 81011'40" East 812.29 feet);
THENCE, leaving said POINT OF BEGINNING and line, South 39°03'39"
East 222.58 feet along last said parallel line to a point lying on
a line drawn parallel to and distant 7.50 feet southeasterly by
perpendicular measurement from that certain course having a bearing
and distance of North 50°46'21" East 151.18 feet as said course is...
called out in first -mentioned Grant Deed (S/N 5809130) and shown on
aforesaid Record of Survey;
THENCE South 50°46'21" West 168.75 feet along last said parallel line
to a point of non -tangent curvature;
EXHIBIT-1-
I of 4=
Serving Our Clients Since 1915.
September 18, 1990
Job No. 880186.21
Page 3
BEGINNING at a point lying on that certain course having a bearing
and distance of South 50°46'21" West 168.75 feet as called out in _
the aforedescribed "PARCEL 1" (15.00 foot wide waterline easement)
and lying distant South 50046'21" West 30.00 feet from its
northeasterly terminus;
THENCE southeasterly and perpendicular to last said line, South
39 13 39 East 11.00 feet to a point lying at the terminus of the
described centerline.
Description prepared by:
Rex A. Betz, L.S. 5251 - J LAND S�RGfi License expires 12/31/91 `v4, REX 1 -
�' ALLEN �
Signed: 62 f,
BETZ
LIC. No. 5251
Dated:_
RA B : b c
or CAS
EXHIBIT 1
RESOLUTION NO. 8508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERI'INO
APPROVING AND AUTHORIZING THE EXECUTION OF AMENEMMT TO
C,RANT OF WATER SYSM4 EASELKM; QUIZ'CLkU''QNG ORIGINAL
WATERLINE EASEMENT; ACCEPTING NEW WATERLINE CEMENT;
SANTA CLARA COUNTY --IN CONJUNCTION WITH FORUM PROTECT
WHEREAS, the City Council on February 5, 1990, approved AMMgM FOR
GRANT OF FMER SYSIEI EASFM W FM aWMJCTION, oPMMON AND MAUMMWCE
OF 11RLUIE AQICSg LANDS OF CJ]NIy among the follow'
ies: county
of Santa Clara, Forum Lifecare, Inc., the Roan Catholic Bishop of San
m
Jose, and the City of Cupertino, relative to the Forum project on Foothill
Boulevard; and
WHEREAS, presented to the City Council is AMENUq fr TO GRANT OF WATER
SYS EK EASEMENT; to correct the description of the easement attached
hereto and made a part hereof; and
WHEREAS, it is necessary to quitclaim to the County the original
and
easement accepted by the City by Resolution No. 8043, February 5, 1990;
WHEREAS, it is also necessary to accept from the County a new water
line easement as more particularly described in the attached
easement. grant of
NOW, THEREFORE, SE IT RESOLVED that the City Council of the City of
Cupertino hereby approves and authorizes the Mayor and the City Clerk to
execute the A ENMM TD GRANT OF MTM SYSTE24 EASEMENT. Said Amendment
contains provisions wherein the City of Cupertino quitclaims the original
easement to the County of Santa Clara, and the County in return grants to
the City of Cupertino a new easement.
BE IT FUF""M RESOLVED that the City of Cupertino hereby accepts the
new waterline easement hereby tendered by .the County of Santa Clara.
SEP-12-'91 THU 14:16 ID:SCC COUNTY COUNSEL TEL NO: 409-292-7240 4619 Pal
AMENDMENT TO GRANT OF WATER SYSTEM EASEIMNT
This Amendment to Grant of Water System Easement is made this
day of , 1991, by COUNTY OF SANTA CLARA, a
political subdivision of the State of California ("County") and
CITY OF CUPERTINO, a municipal corporation ("City").
RECITALS
A. COUNTY granted certain underground easements to CITY by
that Grant of Water System Easement dated February 13, 1990 which
was not recorded. The legal description of the proposed location
of the water system was attached as Exhibit IIBff to the Grant of
Water System Easement. The Grant of a Water System Easement was
attached as Exhibit "E" to that Agreement for Grant of a Water
System Easement for Construction, Operation and Maintenance of
water Line Across Lands of County ("Agreement for Grant of a Water
System", hereinafter), dated February 13, 1990, together with said
legal description attached as Exhibit "B" thereto.
B. Said Agreement for Grant of a Water System and Exhibits
"A" through "E" were recorded on May 14, 199o, in Book L354, pages
1233 through 1264 in the official Records of the County of Santa
Clara.
C. Exhibit "B" to the Water System Easement does not
reflect the actual area in which the water line for the water
system has been installed.
D. The parties desire to amend the Water System Easement to
terminate the easement described in paragraph (b) of the Water
System Easement and to substitute in its place an underground
easement described in the legal description set forth in Exhibit
"1lt hereto.
NOW THEREFORE, the parties agree as follows:
1. Grant by County. COUNTY, in consideration of CITY's
agreement to terminate the easement granted over the real property
described in Exhibit "B" of the Water System Easement, grants to
CITY, its successors and assigns, a right of way and easement to
install, inspect, maintain, repair and replace water pipelines and
appurtenances thereto, to be used for transporting water for a
fire flow system and potable water supply through said pipelines.
Such right-of-way and easement shall be fifteen (15) feet in width
jar%10%111 A 1
1 apian Kangas FL ;k
November 21, 1989
Revised January 17, 1990
Job No. 880186-DO
Consulting Enginceis
540 Fhice Avenue
Easement for 15' Water Line and Fire Hydrants ndwoedcny.CA94usa
from St. Joseph's Seminary over the Lands of 415/365-0412
Santa Clara County FAX415/365-12Gn
Situate in•,the City of Cupertino, County of Santa Clara, State of
California and more particularly described as follows:
Being a portion of that certain parcel of land described in the Grant
Deed to the County of Santa Clara, as Parcel A, recorded October 11,
1977 in Book D197 at Page 696, Series 5809130 in the Official Records
of Santa Clara County, State of California and of that certain parcel
of land described in another Grant Deed to the County of Santa Clara,
recorded January 19, 1981 in Book F858 at Page 38, Series 6957803 in
said Official Records of Santa Clara County, State of California,
which portion is described as follows:
Bartel 1: 15.00' Wide Water Line Easement
A 15.00 feet wide easement for water line purposes lying 7.50 feet on
each side of the following described line;
Beginning at a point lying on that certain line described as North
81°11'40" East 812.29 feet in said Grant Deed and shown on that
certain Record of Survey filed October 2, 1979 in Book 450 of Maps,
Page 41, Santa Clara County Records, and being distant thereon North
81°11'40" East 8.68 feet from the Southwesterly end of said line;
Thence along a line 7.50 feet distant from and parallel to the
Northwesterly line preceding last said line, and described as North
39°03'39" West 219.48 feet in said Grant Deed, South 39°03'39" East
222.58 feet;
Thence along a line 7.50 feet distant from and parallel to the
Northeasterly line preceding last said line, and described as North
50°47'21" East 151.18 feet in said Grant Deed, South 50°46'21" West
168.75 feet to a point of non -tangent curvature;
Thence, Northwesterly along a curve to the left, whose radius point
bears South 50°46'21" West for 130.00 feet, along an arc length of
75.12 feet and through a central angle of 33°06'26", to a point of
compound curvature;
E X H IB Ii " B
i
November 21, 1989
Revised January 17, 1990
15' Water Line Easement
Job No. 880186-DO
Page 3
Th `West ee point lying on the
a f1--
END OF DESCRIPTION
Description Prepared by:
Rex A.•.Betz, L.S. 5251
License�Expires 12/31/91
Signed
Dated
-1. -- - RAB : pms : be
`AND SC%�G�f-\
REX O'
ALLEN
BETZ
LIC. No. 5251
sof ca�\�P
3
Brian Kangas Fuulk
September 18, 1990
Job No. 880186.21
EASEMENT FOR 15' WATER LINE AND FIRE HYDRANTS
FROM ST. JOSEPH'S SEMINARY OVER THE LANDS OF
SANTA CLARA COUNTY
SITUATE in unincorporated area of the County of Santa Clara, State of
California and described as follows:
BEING portions of those certain parcels of land designated as (1)
"Parcel A" described in the Grant Deed to the County of Santa Clara
recorded October 11, 1977 in Book D197 at page 696, Series No.
5809130, in the Official Records of Santa Clara County, State of
California and shown on that certain Record of Survey filed October
2, 1979, in Book 450 of Maps at page 41 in the Office of the Recorder
of Santa Clara County, State of California; and (2) that certain
parcel of land described in a second Grant deed to said County of
Santa Clara recorded January 19, 1981, in Book F858 at page 38,
Series No. 6957803 in said Official Records of Santa Clara County,
State of California; said portions being more particularly described
as follows:
PARCEL 1: 15.00 FOOT WIDE WATER LINE EASEMENT
BEING a 15.00 foot wide easement, by perpendicular measurement, for
water line purposes, the centerline of which is described more
particularly as follows:
Consulting Engineers
540 Price Avenue
Redwood City, CA 94063
415/365-0412
FAX 415/365-1260
BEGINNING at a point lying at the intersection of that certain course
having a bearing and distance of North 81°11'40" East $12,29 feet. ._
with a line drawn parallel to and distant northeasterly 7.50 feet by
perpendicular measurement from that certain course having a bearing
and distance of North 39°03'39" West 219.48 feet as said courses are
called out in first -mentioned Grant Deed (S/N 5809130) and shown on
aforesaid Record of Survey; said POINT OF BEGINNING lying North -
81°11'40" East 8.68 feet from the westerly terminus of first: -.called. ,,.-.•
course (North 81011'40" East 812.29 feet);
THENCE, leaving said POINT OF BEGINNING and line, South 39003139"
East 222.58 feet along last said parallel line to a point lying on
a line drawn parallel to and distant 7.50 feet southeasterly by
perpendicular measurement from that certain course having a bearing
and distance of North 50°46'21" East 151.18 feet as said course is.,.
called out in first -mentioned Grant Deed (S/N 5809130) and shown on
aforesaid Record of Survey;
THENCE South 50°46'21" West 168.75 feet along last said parallel line
to a point of non -tangent curvature;
EXHIB.ITI-
I a ¢
Serving Our Clients Since 1915.
d
September 18, 1990
Job No. 880186.21
Page 3
BEGINNING at a point lying on that certain course having a bearing
and distance of South 50°46'21" West 168.75 feet as called out in _
the aforedescribed "PARCEL 1" (15.00 foot wide water -line easement)
and lying distant South 50046'21" West 30.00 feet from its
northeasterly terminus;
THENCE southeasterly and perpendicular to last said line, South
39°13'39" East 11.00 feet to a point lying at the terminus of the
described centerline.
Description prepared by:
Rex A. Betz, L.S. 5251
1,AND S�RGF'
License expires 12/31/91 REX �p
ALLEN
Signed: BETZ
LIC. No. 5251
Dated: 1A,
RAB : bed OF
EXHIBIT I
3a4