HomeMy WebLinkAboutRESO7031ORIGINAL
RBSOLUTION MO. 7Q31
RBSOW'l'ION OF TIlE COUNCIL OF '1'B£ CITY OF PALO ALTO
APPROVING A GRANT OF BASBMJDIT BBNBFITT:Lt!G THE
SAlC'l'A CLARA VALLEY WATER DISTRICT AND AU'l'IIOP.IZIlfG
'l'JIB MAYOR TO BXBCOTB SAME OM BEHALF OF TBB CITY
WBBRBAS, the city of Palo Alto (the -City-) and the Santa
Clara Valley Water District (the -District-) on August 14, 1989
entered into an agreement under which the District agreed to
construct and aaintain a flood ar~ erosion control project on San
Franciaquito Creek near Alma street (the -Project") within the
city; ~nd
WBBREAS, such agreement provides that the City will grant
ease.ent rights to the District upon completion of the Project; and
WHEREAS, the Proj ect has been completed and the City
Council now desires to grant such riqhts to the District;
MOW, THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION 1. The City Council hereby finds that the P1.oject
is categorically exempt from the California Environmental Quality
Act (-CEgA") under Section 15301 of the CEQA quidelines.
SECTION 2. The city Council hereby approve£ the Grant of
Easement for Parcel No. ex 1/7-91/1, attached hereto as Exhibit A
and made a pa%~ hereof this reference, and further authorizes the
Mayor to execute same on behalf of the City.
IHTRODUCED AND PASSED: October 15, 1991
AYES: ANDERSEN, COBB, FAZZINO. KNISS. LEVY. MCCOWN. SUTORlUS t WOOLLEY
NOES:
ABSTENTIONS:
ABSENT: BENZEL
"
c
APPROVED AS TO
~~
re or of Finance /!l.Ik-.~_
fllOO: .. 0020m
,
____ IG Jt & • T
EXHIBIT A Id/I~fll Cc;..p;.
-1f:.s
OF
SPACE ABOVE THIS Ln'E FOR
RECORDER'S USE ONLY
A.P. No.:
.Parcel No.:
Project:
CE 1/7-91/1
SCVWD storm Drainage
Easement -S.F. creek
at Emerson/Alms Streets
B A 8 B • B • TI ________ __
FORA VALUABLE CONSIDERATION, receipt of which is hereby
acknOwledged, THE CITY OF PALO ALTO, a municipal c.orporation
(GRAN'l'OR) ., hereby grants to
the Santa Clara Valley Water District, a public corporation,
its successors and assiqns (GRANTEE), a non-exclu~ive easement
for
water =:n~;~=~~~ u"~ior storm 4rainage purposes
in, Under, and through that certain real property in the City of
Palo Alto, county of Santa Clara, State of California, described in
Exhibit A and shown on Exhibit B which exhibi ts are attached
hereto, and made a part hereof, subject to the following
conditions:
GRANTEE, its successors 3nd assigns, and its and their respective
contractors, agents and employees shall have free access to said
easement at all reasonable times for the purpose of exercisinq the
rights herein granted, and shall have the right to cut those roots
and trim trees and shrubs that may endanger or interfere with said
facilities, provided, however that:
1
~~~:-"~:,,,,,,-, -~'::' ':..:; ~:: :;,::'. :::: ) '~::"";~:i:' J: 1: :;~, S ~.~ {;i' ';:.':./.'<~. ; ~~ Y," ;': ..... ,,:,. .:-
" . -
1. Should it be necessary tor GRANTEE to disturb ~~. ea ... ant
area, GRANTEE agr.e. to notity GRANTOR in advance of the
location and extent ot such work, and to obtain GRANTOR'S
consent and any required oonstruction permit. prior to
~..ant thereot, except in an emergency situation. For
the purpo.. of granting consent, GRANTOR d.signate. the
following agerlt:
City Engineer
City of Palo Alto
P. O. Box 10250
Palo Alto, CA 94303
GRANTEE shall further notify GRANTOR'S Ci tie Enqineer
immediately upon completion of any work performed hereby.
2. GRANTEE, its successors and assigns, shall make any
excavation, or perform any construction, in a manner which
causes the least injury to the ~as~men~ area and shall replace
any earth so removed by it, and restore or repair any surface
or sub-surface improvements to as near the same condition as
existed prior to such or construction as is possible. _G~E~
egrees to repair to the. satisfaction of GRANTOR'S City
Engineer any landscaping, sidewalks, ornamental pavement
asphalt paving, underground facilities, or structural facili-
ties damaged or destroyed by GRANTEE.
3. GRANTEE shall at all times observe and comply, and cause all
of its subcontractors and employees, if any, to observe and
comp-ly with all existing and future federal, state and local
laws, ordinances, "regulations, orders and decrees which may
affect the conduct of GRANTEE in the exercise ~f the rights granted herein.
•• GRANTEE expressly agrees to indemnify, defend, and hold
.. harmless, GRANTOR, its officers, agents and employees froll all
liabilities, claims or demands on account of or arising out of
any injury or losses resulting from GRANTEE'S exercise of
rights granted herein.
5. In the event that GRANTOR must bring action to secure
~~~EE'S performance of the conditions set forth in this
Grt.it of Easement, GRANTOR shall be entitled to recover, from
GRANTEE, reasonable and necessary expenses, attorneys' fees
and court costs.
RESERVING unto GRANTOR such rights as will not inte~fere wi~ or
prohibit the conteaplated use by GRANTEE, its successors and
assigns, or the rights and easement herein granted, provided
GRANTOR may not place or permit any building or structure on said
easement or otherwise interfere with the full enjoyment by GRANTEE
of the easement hereby granted.
2
I 'J Dated: _____ _
GRANTOR: City of 'alo Alto. a Municipal Corporatton
By:_-________ =-___ ==~--------
STATE OF CALIFORNIA; COUNTY OF SANTA CLARA: IS.
On • befere _, the undersigned. a Notary Pubiic 1"
and fOr satd County and state. personally ~ppeared , .... to _ to be the 0 Mayor
Cl City Manager
Cl Assistant City Manager
of the Ctty of Pllo Alto, the .unictpal corporation that executed the within
1ftst ..... nt on behalf of satd .mictpal .:orporltion, Ind acknowledged to • that
satd .unic1pa1 corporation executed the s ....
WITNESS., hand and official seal written.
Notary Public in and for said County and State
APPROVAlS
APPROVED AS TO fORM . Asst. ttty Attorney
~----------------------
APPROVED AS TO DESCRIPTION
Pub1 ic Works/Engineer1ng
By ______________________ _
•
APPROVED AS TO CONTENT
Finance Depart.ent/Real Estate
8y ______________________ _ I
CERTIFICATE OF CONSENT AND ACCEPTA.tCCE
This is to tertify that the interest iii real property conveyed by the attached
Deed of Grant to Santa Clara 'alley Water District is hereby accepted by the
undersigned duly authorized agent on behalf of the Board of Directors of satd
Santa C1UI Valley Water District, pursuant to authority conferred by Resolution
10. 68-25 of said Board of Directors adopted cn the 26th day of ~rch 1968. TKorded March 27th, 1968 in Book 8069. Page 535, Official Records of Santa Clara
County, California, and the Grantee consents to recordation thereof by tts said duly authorized agent.
SANTA CLARA VAllEY WATER DISTRICT
By: ":"Ge-n-e-ra-::l-::Ha~na-ge-r/~C::"l-er-=k-o""":lf~t~he-
Board of Directors .
I
I File No.: CE 1/7~91/1
Project: SCWD Drlinage Els..nt -
~n rr-.u"';;t't"~~ :;"::!: :'t ~,~ u
Legal Description
1021-116
All thIt eertaia nat ProPenY aitwU in the City of PlIo AItrL. Coaaly of s.. Clan. State of CllIInII.
delaibid u foUcws:
BeiDC a portkm of the JaadI of the City of No Alto aDd more partic:ularly described • follows:
.pnni •• the most DOJ1bedy comer of the !Dfi ibown • Jot 1 of 1ract No. 544r • sbon oa die
IIIIp dtereof filed in Boot 332 of Maps • Plies 3 1hrou&b 22~ in the office of the Rec:ordIr, Coaacy of s... a.a. State 01 CIIifomia; Ibeace N II W14-W 67.11 feet to the true poiDt of~ tbeDce
S l5-s3'13WW 139.14 feet; tbeDce S 26°3T21-W 101.66 feet; thence aJoaa a ..,_ carve 10 the
iipt, 1IaviDJ • ndias of 131.50 feet, Ibroa.Ih a c:aIttII aD&le of 14-25°18-, for an arc diltlDce of 33.10
feet; da-=e S 73°SS'Q6"W 39.32 feet; tbeDce aloaa • curve to the right from ....... wIIicb ban
S S1°43-58-W. baviDa a r~ of I1S.00 feet, ibrouah , ceattallnlle of 11°09'58-~ for an arc diaaCe
of 22.41 £,;t m ! poiPt of CCJIIII)OIIDd CUMIlUre; theDce alODJ a curve to the ript. hmDa a radius of
SO.63 feet.1bIoa&h • ceDtraJ aaale of 32°45'30" • for an ar~ di=~~.;; uf :g." ~..; ~ N '71~'35-w_
19.17 feet; 1beace aioDI i aa.~ =.~ w ~ ~ baYiDJ I radius of 80.00 &1t, 1bmuP. cean1
qIe of 31°59'13-. for .. arc distance of 44.66 feet; 1bencc N 43 ·38"38·~ 12.00 feet; IiIeMe Lions
a CUf'fe 10 the left from a ..... which bears S 46~r22·E. having I r tdius of 68.00 feet. throuab a
cellini aaJe of 31°59'13·, tar aD m: dimnc:e of 37.96 feet; thence S ~18°20"3S"£ 19.87 fee; daeDce
.. a .... curve to the left, haviD& I nllia& of 38.63 feet, tbtouP I ccatral ..... of 32°.w30-• for
an m: ctistace of 22.09 feet to a poiDt of compound curvaIare; tbeoce aloD& I curve to the left. JaaviDa
a ndias of 103.00 feet, throuah a centrallD5le of 42°16°~~·: fur an arc distaDce of 76.00 feet; tbeDc:e
N 26-n'2t'"E 159.29 feet; 1heace N 12°3l044"E 14~79 feet; theDce S 57°06"16~ 42.26 feet 110 1IIe
VUe poiM of bePminJ.
Owainirc 10,875 ~ feet or 0.250 acnI of laDd. more or less.
EXHIBIT A
. • I •
•
.. -,0':
•
I I
. ".~ I \. ..
'\
e. __ ..
..
I
ii' ..,
~ --. ...
J
~
1875 sq.ft. Of' I.Bi 1: .... *
all ....
III
""III
~~
~a: .,: ....
OWl
~J
1-2
'" ~ J
C III "'WI
WI
flUDs. 1_
ru& UI 1lU_ ..
--or
01
1 I
-----
• o·
I
I
~ I
1
!
1