City Council and Authorities Concurrent
November 7, 2023

RECORD WITHOUT FEE PURSUANT
TO GOV'T CODE SECTION 6103
Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
25560075
Regina Alcomendras
Santa Clara County - Clerk-Recorder
11/16/2023 04:13 PM
Tilles: 1
Fees: 10.00 Taxes: 0
Total: 0.00
Pages: 5
Form per Gov't Code Section 27361.6 [ SPACE ABOVE THIS LINE FOR RECORDER'S USE] RESOLUTION NO. 23-9281

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

DEDICATING THAT CERTAIN PORTION OF REAL PROPERTY
OWNED BY THE CITY OF SANTA CLARA LOCATED AT 2330
MONROE STREET FOR USE AS A SIDEWALK EASEMENT [APN
224-37-068 (2023-24)]
WHEREAS, the City of Santa Clara ("City" or "Granter"), is the owner of real property commonly known as the 2330 Monroe Street, Santa Clara, California, as shown on Exhibit B, ("Property"), which is attached hereto and incorporated herein;
WHEREAS, in accordance with the Disposition and Development Agreement between the City and Freebird Development Co. ("Developer"), the City entered into a 55-year ground lease with Developer to facilitate construction of affordable housing units on Property; WHEREAS, the City will require access to certain areas of Property to repair, replace, and maintain the public sidewalk;
WHEREAS, to preserve the City's ability to access the easement area in light of Developer's leasehold interest, and to record the location of the easement, City now desires to dedicate a portion of Property as a sidewalk easement and retain the underlying fee title; and, WHEREAS, the City hereby finds and determines that a portion of the Property, as shown as easement on Exhibits A and B ("Easement") which are attached hereto and incorporated herein, shall be dedicated for public sidewalk purposes.

NOW THERFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Grantor hereby grants and dedicates the Easement described more fully in Exhibits A and B attached hereto, in, on, under, along and across real property at 2330 Monroe Street in the City of Santa Clara to the City of Santa Clara as an easement and right-of-way in, on, over, under, along, and across the real property owned b y Grantor for purpose of constructing, install ing, maintaining, repairing, replacing, and public use of a sidewalk, including a reasonable right of ingress and egress over adjoining lands of Grantor. Said Easement shall be kept open and free from buildings and structures of any kind except irrigation systems, and appurtenances thereto which do not conflict with the use of Easement.
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2. Constitutionality, Severability. If any section, subsection, sentence, clause, phrase , or word of this Resolut ion is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason , such decision shall not affect the validity of the remaining portions of the Resolution. The City of Santa Clara , Californi~, hereby declares that it would have passed this Resolution and each section, subsection , sentence , clause, phrase , and word thereof , irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s) , or word(s) be declared invalid .

3. Effective Date . This Resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA , CALIFORNIA , AT A REGULAR MEETING THEREOF HELD ON THE 7TH DAY OF NOVEMBER , 2023 , BY THE FOLLOWING VOTE:

AYES : COUNCILORS:

NOES : COUNCILORS :

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS :

Attachments incorporated by reference:

1. Exhibit "A"

2. Exhibit "B"
Becker, Chahal , Hardy, Jain, Park, and Watanabe ,
and Mayor Gillmor
None
None
None
ATTEST:~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

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