E-849 Vacating an Easement for Storm Drain Retention basin purposes located on 23500Cristo Rey Drive as provided ins ection 8320 Et Seq. of the Streets and Highways Code of the State of California, Resolution No. 18-116RECORDING 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 6103
24084377
Regina Alcomendras
Santa Clara County -Clerk-Recorder
12/19/2018 10:58 AM
Pages: 7
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
VACATING AN EASEMENT FOR STORM DRAIN RETENTION BASIN
PURPOSES LOCATED ON 23500 CRISTO REY DRIVE AS PROVIDED
IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS
CODE OF THE ST ATE OF CALIFORNIA
RESOLUTION NO. 18-116
"t(/Original
O For Fast Endorsement
VERIFICATION
I have reviewed this Agreement and to the best of my knowledge, the information contained
herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the foregoing
is true and correct.
Executed on the 18th day of December, 2018, at Cupertino, California.
I:au en Sapuclar /
. Ci fy ~C~~r k's .Off ls~
City of Cupertino
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RESOLUTION NO. 18-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
VA CA TING AN EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES
LOCATED ON 23500 CRISTO REY DRIVE
AS PROV I DED IN SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, that an easement for storm drain retention basin purposes located on
23500 Cristo Rey Drive, and more particularly described per Document No. 10533472,
recorded on May 23, 1990 hereto and made part hereof as Exhibits "A", is to be vacated;
and
WHEREAS, The City Council did, on 5th of November 2018, adopt Resolution
No. 18-106 of intention to vacate the aforementioned easement, and the City Clerk has
published notice and posted signs declaring said intention, and the date, time, and place
of a public hearing to consider said intention, pursuant to the provisions of Section 8320
et seq. of the California Streets and Highways Code; and
WHEREAS, a new storm drain retention basin easement is to be dedicated
superseding the existing storm drain retention basin easement; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways ·
Code, the City Council finds, from all the evidence submitted, that the easement
described in the notice of hearing is unnecessary for present or prospective purposes
after conditions have been satisfied; and
WHEREAS, it is deemed to be in the public interests that the City Council elects
to proceed to order said vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby vacates the aforesaid easement, as shown and described per
Document No. 10533472, recorded on May 23, 1990 hereto and made part hereof as
Exhibits "A", pursuant to the provisions of Section 8320 et seq. of the California Streets
and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cupertino that the City Clerk is hereby authorized, upon notification from the
Director of Public Works that the Applicant has met all precedent conditions, to record
the executed original Resolution in the Office of the Recorder of the County of Santa
Clara.
Resolution No. 18-116
Page2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of December, 2018, by the following vote:
Members of the City Council
A YES: Paul, Sinks, Chang, Scharf, V aidhyanathan
NOES: None
-A.BS-EN'.'.f.;__ ---N'-ong__
ABSTAIN: None
---------------·---
ATTEST: APPROVED:
~,!ff
Grace Schmidt, City Clerk
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!EXHIBIT A I
(Cie5cripticn Attadled) L364PAGt2 1fSO
Grantor lierehy fUJ:ther grantS to Gr:antA!e ·the right and privilege to enter
l,lpOn his ~ contiguous to end alQ'IIJ the line ol! sdd harainalx>ve-
aescr.l.bed strip for the pi.rpose of locating, ~. repaidn;,,
lllitlnt.ain.uq, er ~la.c.ing said stom drain pip.inJ or appnt.enar,oe,s
thereto, and rcr tile p.irpose of doin;J ,i.ey neoessaxy or lawfUl act in
cxinnection with the c;,onstructian or mai.ntenaJPe ot said $t;miD drain; there
is also granted the right or the use fl! sufficient lan:l CX>Jlt.igUOUS to JIAid
strip on either or both sides there:!! tar the purpose ot wcz::avation of and
deposit of earth and nec:essa:cy b1i.ldiD:J iraterial durin3 the time of
oonstxuctin:J said atom drain, and any repair thereof.
'It\e fon;goiD;J is subject. to the tol.1awin;J ~ ~tj.ons;
1,1.)
b)
'ltl8 Grantar shall re~ t1¥il abllgat.icn to keep the area within
the easement ~ em cl.ear ol! debris, allt . ltlll non ~
~t,lat. 'Ihi:t ~ &hall anrually maintain w cl.ear the
basin area in. arder t.ci insJxu the proper tunctloning or · the
l:)asln.
'll1e Graht:or also shall have ·signs .IJOSted at all times 1n the
easement area to warn ot a pot:ent.W flood hazard,
'Iba Grantee agrees to restore tile g>;'Ql:nd ~ and lJirl ~
thereon ta its m-i.qind g:rllde or ,xnilt:lpn J:.nsotar as it is -prac:t:icable
anil nasonal)la to do IIIO.
,i.
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;t;'J.c k Ji;,L~'''Ji'~;{": ;7,~,,':'.\' >~, :::. ; •
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-• ·;;T.•s•,r·c. ·. · • ·; -"r . -., .. ,, ,., •-: ;
November 1. 1989
Revised ffa"••r 3, 1989 Job No. 889186,00
l364PA6E2183
RETENTION &ASIN EASEMENT
Situate 1n the City of Cupel'.'t1no~ County of Santa clara, CaHforgl;l and described as follows:
~'i!,-
~~F;t:.a.,~
State of ~~CA~ • ~1sms11111
,~;~fiS.1160 Being a portloi! of that certafo 54.04, acre tract of land de.scrilied fn
Exhibit "A" fn the Ground lease-to forum L ffecare, Inc., f11ed for
recot'(,f Dec~ber 11, 1987 fn Book K387, page 1708 of Official Records,
Serles 9536539, Santa. Clara County Records and being more particularly described a_s follows;
Beginning at pofnt lying on 'that certain line c:fescrfbad as North
61°04'48" West 100.85 feet, and being dtshnt thereon . .frorri .thp beginning of safd Hne 53.91 feet;
The11ce proceedi!lg along the followfng etght (8) numbered 1'.:0Urse~/
South 01•00•110• West 164,34 feet.
South 23"00'00" West 65.DO feat;
Nart~ 36"41 '26" h'est Qf.15 feet, m
liJ
North 88"30'59~ West JO.OD feet,
North 55•51 1 1&• West S9.68 teat,
North 08"00'00° East 172.BO feet,
(8)
South 77°00
1
00• East 103.85 fe11t, to a-pofnt lyfng on the
no r.theasterly 1 fna of safd parcel, thence ·along saf«j 1 ine,
South 61"04 '48 • ·East 20.53 feat, to the Pof11t ·of 'Begfnnfng.
Contafnlng 0,562 a~res more or less.
End of De~crfptfon
Descrfptfon prepare by;
Rex A, BQtz, l.s. 5251
lfcens.e expires 12/31/91
Stgnad ,~ (/ 1£=(::
Dated .,Ue1.,·. 4 I£& 7
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litl!TB.tJTlDt-1 f)-.it.61N BA6&Mli!flt"r