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Home My WebLink AboutRESO 6404.. . ' ' RESOLUTION 6404 RESOLUTION OF THE COUNCIL Of THE CITY OF PALO ALTO AUTHORIZING CONVEYANCE OF A STORM DRAIN EASEMENT TO LEE H. BRANDENBURG ANO DIA.NE M. BRANDENBURG ORIGINAL WHEREAS, on July 1, 1985, the Council of the City of Palo Alto approved the Site and Design application for 3220 Alexis Drive (85-0-8); and WHEREAS, a condftfon of approval of this Site and Design application is that the applicants obtain a drainage easement from the City of Palo Alto to allow site runoff to be conveyed to Arastradero Creek and City lands; and WHEREAS, plans for the storm drain were approved by the Council of the City of Palo Alto on July 11 1985 as a part of the Site and Design application for 3220 Alexis Drive (85-D-8}; and WHEREAS·, in approving the Site and Oe~ign application for 3220 Alexis Drive (85-D-8) the Council of the City of Palo Alto found that construction of the stol"lll drain would have no significant adverse impact on the environment; NOW THEREFORE. the Council of the City of Palo Alto hereby authorizes the Mayor to execute the Gr~nt of Easement attached hereto as Exhibit I. INTRODUC[D AND PASSED: July 1, 1985 AYES: NOES: Bechtel, Cobb, Klein, levy, Renzel, Sutorius, Witherspoon, Woolley None ABSENT: Fl etcher ABSTENTIONS : Non e APPROVED: S TO FORM: Record~d 1t ~o eh1rge fn 1ccordl~e •f lh ·• Government Code Section 6103 at the Request of, and -men recorded Return to: CITY OF PALO ALTO Real Estate Division P. O. Box 10250 Palo Alto, CA 94303 A.P. No.: Project No.: CE-28/10 -84/36 Project: Stol"ll Drain Easement -lot 7, Tract 6723, Alexis Drive GRAil OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF PALO Al.TO, a municipal corporation (GRANTOR) hereby grants to: Lee H. Brandenburg and Diane M. Brandenburg, husband and wife as ca1111un1ty property (GRANTEE) a non-exclusive easement for construction and maintenance of a ston1 drain in, under, and through that certain real property in the City of Palo Alto, County of Santa Clara, State of Ca11fornta, described 1n Exhibit A and shown on Exhibit B which exhibits are attached hereto, and ude a part hereof, subject to the following cond1 t1 ons: GRANTEE, its successors and assigns. and its and their respective contractors, agents and e11plo1ees shall have free access to safd easement ind right of way at all reasonable t111es for the purpose of exercising the rights herein granted, provided, however that: 1. Sho1Jld it be necessary for GRANTEE to disturb th"! ease11ent area, GRANTEE agrees to notify GRANTOR in advance of the location and extent of such work, and to obtain GRANTOR 1s consent and any required construction pen1its prior to c0111encement thereof 0 except, GRANTOR 1 s consent shall not be niM:essary in an emergency situation. GRANTOR agrees not to withold its consent capr1cfously or unreasonably. For the purpose of granting consent, GRANTOR designates the following agent: City Engineer City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 GRANTEE sha11 further notify GRANTOR's City Engineer f111edfately upon c01Rpletf on of any work perfor11ed hereby. 2. GRANTEE 1 its successors and assigns, shall make any excaYation, or perfonn any construction, in a .. nner which causes the least injury to the easement area and shall replace any earth so removed by ft, and restore or repair any surface or sub-surface improvements to as near the sa11e condition as existed prior to such o~ construction as is possible. GRANTEE agrees to repair to the satisfaction of GRANTOR'S Cfty Engineer any landscaping, underground facilities, or structural facilities damaged or destroyed by GRANTEE. 3. GRANTEE shall at all times observe and c011ply 1 and cause all of its subcontractors and 9t1Ployees 0 if any, to observe and comply wfth all existing and future federal, state and local laws, ordinance, regulations, orders and decrees which 111,y affect the conduct of GRANTEE fn the exercise of the rights granted herein. 4. GRANTEE. by the acceptance of this instrument, agrees that in the event the service for whfch said facilities were constructed 1s discontinued and GRANTEE 1s not required by law, n.1le or regulatior. of any govern11ental authority to furnish service by 11eans of said facility, GRANTEE, at GRANTOR!s request, shall remove and/or abandon any portion of said fac111t1es owned, operated and uintafned by GRANTEE, within ninety (90) days after receipt of written notice from GRANTOR to so 1"9110Ve and/or abandon. In the event of such removal a~d/or abandonment, GRANTEE sha11 quitclaim all rights acquired by it under this Grant of Easement. 5. GRANTEE expressly agrees to indemnify, defend, and hold harmless, GRANTOR, fts officers, agents and employees from all 1fabt11ties, claims or demands on account of or arising out of any injury or losses resultirig from GRANTE£1 s exercise of rfghts granted herein. 6. In the event that GRANTOR llUSt bring action to secure GRANTEE's perfoneance of the conditions set forth in this Gr~nt of Easement, GRANTOR shall be entitled to recover from GRANTEE, reasonable and necessary expenses, attorney's fees and court costs. RESERVING unto GRANTOR such rights as wf11 not interfere wfth or prohfbft the contemplated use by GRANTEE, its successors and assigns, or the rfghts and easement herein grante~. provided GRANTOR aay not place or penaft any building or structure on said easement or otherwise interfere with the full enjoyment by GRANTEE of the easement hereby granted. {: ( .· Dated: ____________ _ Grantor: City of Palo Al to, I Municipal Corporation By----~~----~----~ STATE OF CALIFORNIA9 COUNTY Of SANTA CLARA: ss. On • before me, the undersigned, 1 Notary Public in and for safd County and State, personally appeared.._ _________ , tnown to 11e to be the of the City of Palo Alto, Uie llUl'lic1pal corporation that executed the within instr.anent on behalf of said 9W\idpa1 corpontion, and acknowledged to 11e that said 1Nnic1pa1 corporation executed the same •. WITNESS 8')' hand and official seal. liOtar.t Public 1n and for said County and State APPROVALS Approved as to Form ·Approved as to Content City Attorney Budget and Resource Management/ "Real Estate Division l.Y. By . Approved as to Description . Public Works/Engineering .. It. ~ ~-By _,.>7. (~ .Jdb lo. 84368-0 April 23 11 1985 . . B.RIAN •KANGAS • ULK • ASSOCIATES CON•tJLTINO IUIOINIU:" . PLANNERS . •ua.,•syou IH Pr&c. A .. aue ·Redwood Ch", CA •'on· T•l.(411) H•·O.lt L&GAL !CSCl.IH'lOll rropoM4 atom Drab lu .... t LOt 7, tract Jlo. 6713 CE~TAIB UAL !&OPEi.TY eituate iu t'be Cit"J' of Palo Alto. CouDty of Santa Clara, State •f Callf~ia, particularly described .. follGV8: BEGIWJIIIC at ata anale point oc the eoutharl7 line of Lot 7, aa aaid point, liae and lot are 0(.Nll oa "lract llo. 6723 filed ia Joo'k 448 of Mapa at Pqea 48 throu1h Sl, J.ec:ord• of Santa Clara Ccunt11 California; ruuni.D.a thence along •aid line ~f Lot 7 •orth a7•55•4en Eaat 9 8.00 feet; theue• pers-ee.dlcvlar to aai.d lice Soutb 2•4' 12n !aet, 12 .oo f.eet; thence South 87°?5 '48" Weat, 10.00 feet; tbeace sortb 2•4•12" Vut, 13.52 feet to the bounclary of ••id lot; thence alcma .. 1• line South 54•501 26" Eaat, 2.51 feet to the Point of Be&i1111i.aa. cw:caa I .. 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