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
25560077
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. 23-9283

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 WATER UTILITY 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 public water 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 Property as a Water Utility 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 water utility 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, over, under, along, and across the hereinafter described real property situated in the City of Santa Clara, County of Santa Clara, State of California, for the purpose of constructing, installing, operating, maintaining, repairing and replacing water distribution system facilities and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of grantor. Portions of the Easement may be used for landscaping (excluding trees), as well as for other purposes which, as determined by the Cit y, will not int erfere with the use of the Easement. Private facilities, except to cross or connect to facilities of the serving agency, shall be excluded from Easement , and no private structures shall be constructed on 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 val idity 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 incorporated by reference:

1. Exhibit "A"

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

NORA PIMENTEL , MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

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