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
25560076
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. 23-9282
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
MONROESTREETFORUSEASANUNDERGROUNDELECT~C
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 the Property to repair, replace, and maintain underground electric utility facilities;
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, the City now desires to dedicate a portion of the Property as an Underground Electric Easement and retain the underlying fee title; and,
II
WHEREAS, the City hereby finds and determines that a portion of the Property, as show n as easement on Exhibits A and B (“Easement”) which are attached hereto and incorporated herein, shall be dedicated for Underground Electric purposes.
NOW THEREFORE, 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, under, along and across the real property of grantor for the purpose of constructing and reconstructing, installing, operating, maintaining, repairing, and/or replacing underground electrical distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. The underground system will consist of conduits, cabl es, vaults and splice boxes installed flush with or below grade and other necessary and desired appurtenances. Transformers and switc hes will be mounted above grade on a concrete pad.
Portions of the Easement may be used for driveway(s), landscaping (excluding trees), and parking, as well as for other purposes which, as determined by the City, will not interfere with the use of the Easement.
The Easement shall be for the exclusive use of the City of Santa Clara. Private facilities, except those which connect to facilities of the City, shall be excluded from the Easement, and no private structures shall be constructed on the Easement.
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2. Constitutionality, Severability. If any section, subsection, sentence, clause, phrase, or word of this Resolution 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, California, 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 incorpo rated by reference :
1. Exhibit "A"
2. Exhibit "B"
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST:-a~<-¥-J=z===:.....,._..__......,
14 • _ _,__ /J ___ _
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
EXHIBIT “A”
LEGAL DESCRIPTION
UNDERGROUND ELECTRIC EASEMENT
2330 Monroe Street, Santa Clara
APN 224-37-068
All that real property situated in the City of Santa Clara, Co unty of Santa Clara, State of California, being a portion of tha t parcel of land as described under “SE Corner of San Tomas Expressway and Monroe Street, Santa Clara, California” in that certain Grant Deed to The Housing Authority of the City of Santa Clara, a public body cor porate and politic, recorded June 23, 2011 as Document Number 21216119, Official Records of Count y of Santa Clara, State of California, more particularly described as follows:
COMMENCING at the most Easterly corner of said parcel of land; thence along the general Northeasterly line of said parcel of land the following four (4) courses: 1) North 64°01’08” West, 24.49 feet to the POINT OF BEGINNING, 2) contin uing North 64°01’08” West, 123.10 feet, 3) North 73°07’44 West, 63.92 feet, and 4) a long a tangent curve to the left with a radius of 60.00 feet, th rough a central angle of 25°40’3 3”, an arc length of 26.89 feet; thence South 73°07’44” East, 88.87; thence South 64°01’30” East , 108.02 feet; thence South 27°34’31” West, 17.42 feet; thence North 71°01’58” West, 49.66 feet; thence South 19°07’54” West, 15.98 feet; thence South 70°56’03” East, 17.01 feet; then ce North 19°00’00” East, 6.01 feet; thence South 71°01’58” Eas t, 38.26 feet; thence South 27° 34’31” West, 32.95 feet; thence South 59°01’32”East, 20.88 feet; thence North 75°58’28” East, 7 .17 feet to the general Southeasterly line of said parcel of land (Document Number 2121 6119); thence along last said line, North 35°16’00” East, 12.27 feet; thence South 75°58’28” West, 13.16 feet; thence North 59°01’32”West, 10.02 feet; thence North 27°34’31” East, 58.31 f eet to the POINT OF BEGINNING.
CONTAINING 2,652 square feet, more or less.
PREPARED BY LUK AND ASSOCIATES
JACQUELINE LUK, PLS 8934
DATE: 11/8/2023
This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act.
SC23-0027