Resolution 1992-18
.
.
RESOLUTION NO. 92- 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING EXECUTION OF A DEED
CONVEYING CERTAIN EASEMENTS FOR FLOWAGE, WATER
MANAGEMENT AND STORM WATER DRAINAGE PURPOSES
ON LANDS LOCATED IN CHRISTMAS HILL PARK TO THE
SANTA CLARA VALLEY WATER DISTRICT
WHEREAS, the City of Gilroy and the Santa Clara Valley
Water District are involved in a joint project sponsored by the
U.S. Army Corps of Engineers known as the Uvas Creek Project; and
WHEREAS, to effectuate this project, the Santa Clara
Valley Water District has requested certain easements for flowage
of water, water management, and storm water drainage purposes on
land adjacent to Uvas Creek within Christmas Hill Park in the city
of Gilroy; and
WHEREAS, the Army Corps of Engineers issued a Record of
Decision on the Uvas Creek Project on June 20, 1985 in accordance
with the National Environmental Policy Act;
NOW, THEREFORE, BE IT RESOLVED THAT the city Adminis-
trator is hereby authorized to execute a deed conveying easements
affecting the lands described and on the terms set forth in the
attachment to this resolution, consisting of seven pages.
PASSED AND ADOPTED this 6th day of
April
, 1992
by the following vote:
AYES:
COUNCILMEMBERS:GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS:None
ABSENT:
COUNCILMEMBERS: None
~TT ST:
. 'UAQ,;Mt- ~.J t -
City Clerk
~u:M J. ~.
Mayor
~~~
RESOLUTION NO. 92 - 18
-1-
,.
.
.
00 NOT WRITE ABOVE THIS LINE
RECORD WITHOUT FEE UNDER SECTION 6103.
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
AFTER RECORDING RETURN TO:
SANTA CLARA VALLEY WATER DISTRICT
5750 ALMADEN EXPRESSWAY
SAN JOSE. CALIFORNIA 95118
SPACE ABOVE THIS LINE FOR RECDRDER'S USE
FLOWAGE EASEMENT
DEED
(CORPORATION)
(Occasional Flooding)
DOCUMENT NO. 5018-59
CITY OF GILROY, a municipal corporation,
does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a
public corporation ("District"), an easement to occasionally overflow, flood and submerge that
certain real property, in the City of Gilroy, County of Santa Clara, State of California, described
as:
Parcel A
All of the lands described in the deeds recorded in Book 6822 of Official Records at page 644 and in
Book 8602 of Official Records at page 621, both documents are in the office of the Recorder, County
of Santa Clara, State of California, which lie northerly and northeasterly of the following described
southwesterly line:
Beginning at the most southerly corner of said lands as described in said deeds, thence along the general
southwesterly line of said lands, N 5r32'oo"W 252.80 feet; thence continuing along said line N
66003'00"W 372.40 feet; thence continuing along said line N 58023'oo"W 155.00 feet; thegce
continuing along said line N 79038'00"W 318.71 feet; thence leaving said line N Q9022'oo"E 110.00
feet; thence N 49024'00"W 250.00 feet; thence N 38032'00"W 233.00 feet; thence N 18056'00"W
183.50 feet; thence S 84016'oo"W 221.00 feet; thence N 70045'00"W 340.00 feet; thence N
29041 '06"W 306 feet more or less to the southeasterly line of Miller Avenue and the general
northwesterly line of said lands.
Excepting therefrom the lands hereinafter described as "Parcel B" and "Parcel C".
Containing 17.984 acres of land, more or less.
, .
.
.
Parcel A-I
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
Being a portion of the lands shown as Parcel 3 on that certain Parcel Map filed in Book 496 of Maps at
pages 25 and 26 in the Office of the Recorder, County of Santa Clara, State of California, to wit:
Beginning at the intersection of the northeasterly line of said Parcel 3 with the centerline of Miller
Avenue, as shown on said map; thence along said centerline, S 29017'24"W 131.91 feet; thence
continuing along'said centerline, S 35002'00"W 549.23 feet to the southwesterly line of said Parcel 3,
as shown on said map; thence along said line, N 50,o21'13"W 30.10 feet to a line 30.00 feet
northwesterly of said centerline, and parallel thereto; thence along said parallel line, N 35002'00''E
545.30 feet; thence continuing along said parallel line, N 29017'24"E 130.73 feet to the northeasterly
line of said Parcel 3; thence along said northeasterly line, S 6Qo05'00"E 30.00 feet to the Point of
Beginning.
Containing 0.467 acre of land, more or less.
The City of Gilroy retains the absolute right to maintain and replace with structures of identical "ground
dimensions and orientation" all buildings or structures existing in the easement areas on the date these
easements are granted to District. Except for minor projects, no new structures shall be constructed or
maintained except as may be approved by District, which approval shall not be unreasonably withheld.
Except for minor projects, no new excavation shall be conducted and no new landfill shall be placed on
the land without District approval as to the location and method of excavation and/or placement of
landfill, which approval shall not be unreasonably withheld.
In deciding whether to approve new structures, excavation or landfill, District shall base its decision
solely on the amount of potential water displacement, flow obstruction, location, and manner of
construction, all as determined from construction plans and hydrologic studies. District and the City of
Gilroy shall share costs of any necessary hydrologic studies in a manner to be agreed upon by parties in
each instance. A "minor project" is hereby defined to be a new structure, excavation, or landfill that will
displace no more than 1000 cubic yards of water. Minor projects may be carried out by the City of
Gilroy without District approval.
However, should the District establish on the basis of objective hydrologic data and .standard professional
practice that multiple minor projects carried out by the City of Gilroy without District approval have
created a cumulatively significant effect on water displacement or flow patterns, the City of Gilroy agrees
to enter into good faith negotiations to amend the terms of this easement, or to take such other steps as
might be required, consistent with the parties' intent in entering into this easement agreement.
Subject to any restrictions imposed by the City of Gilroy, motor vehicle parking for park purposes shall
be allowed at any time in authorized parking areas within the easement area without District approval.
The City of Gilroy hereby agrees to indemnify the District for any and all claims against the District, its
employees or agents, arising out of such motor vehicle parking, except where such claims arise in whole
or part from the negligence or willful conduct of the District, its employees or agents.
Except as modified herein, the flowage easement policy adopted by District on July 11, 1989, a certified
copy of which is attached hereto and incorporated herein by this reference, shall govern the parties' rights
under the grants of easements herein.
, '
.
.
Together with an easement for water management and/or storm water drainage purposes in, upon, over
and across the following real property described as:
Parcel B
Beginning at the most northerly corner of said lands as described in said deeds, thence along the general
northeasterly line of said lands, S 50032'30"E 464.65 feet; thence continuing along said line, S
42048'30"E 276.34 feet; thence continuing alOlig said line S 18030'00"E 300.00 feet; thence continuing
along said line S 71 030'00"W 123.43 feet; thence continuing along said line S 05003'00"E 215.00 feet;
thence leaving said line N 26033'00"W 485.00 feet; thence S 8Z027'00"W 185.00 feet; thence N
37033'00"W 214.00 feet; thence N 6202T13"W 242.61 feet to the general northwesterly line of said
lands; thence along said line N 29005'00"E 4.00 feet; thence continuing along said line S 4901TOO"E
10.21 feet; thence continuing along said line N 28058'00"E 397.31 feet to the point of beginning.
Containing 6.843 acres of land, more or less.
Parcel C
Beginning at the most southerly corner of said lands as described in said deeds; thence along the east line
of said lands NORTH 119.12 feet to the true point of beginning; thence leaving said line N 58030'00"W
560.00 feet; thence N 48015'00"W 215.00 feet; thence N 53030'00"W 218.00 feet; thence N
4Qo18'24"W 156.74 feet to the general northeasterly line of said lands; thence along said line S
57015'00"E 755.00 feet; thence continuing along said line S 57000'00"E 333.30 feet to the aforesaid
east line of said lands; thence along said line SOUTH 95.00 feet to the true point of beginning.
Containing 1.786 acres of land, more or less.
"
.
.
.'
FLOWAGE EASEMENT POLICY
The following conditions shall govern the uses of land subject to a
District Flowage Easement:
-
"The District shall have the perpetual right,
privilege and easement in, upon, over and across the
easement area to over-flow, flood and submerge
said easement area together with the right to
clear and remove any brush, debris or obstructions which
are incompatible with the use for which the easement is
acquired. The District shall also have the right to
enter and cross the easement area for access to
adjacent streams or channels and to adjacent District
easements and rights of way.
The easement shall be held in perpetuity by the
District, but if the easement becomes unnecessary due
to any cause, such as construction of alternative drainage
routes or revised hydrologic data, the easement
may be quit-claimed to the owner(s) of the underlying fee
at the then fair market value.
The easement area shall be kept clear of any type of buildings
or structures for human habitation and no structures, other than
those existing when the easement was acquired by the District,
shall be placed or maintained on the area, including
structures supported on poles or piles above the water surface.
No vehicle parking will be allowed between October 15 and April
15 of any year.
The following uses are deemed compatible with the use for which
the easement was acquired.
1. Row crops that will not cause a rise in the overland
water surface or expand the limits of the flood plain.
2. Farming and orchard activities established at the time the
easement was acquired by the District.
3. Installations of power poles and buried utilities ,that do
not cause a rise in the land surface.
4. Excavations that do not cause a rise in the overland water
surface or expand the limits of the flood plain.
5. Removable structures, such as tents, park benches, portable
toilets, and other movable park facilities in place
during the period between April 15 and October 15
of each year, provided said park facilities are regulated by
a public agency.
6. Future land use changes such as pUblic parks or open space
areas used to offset density requirements of commercial
or residential developments, provided that a plan of the
future use is reviewed by the District and found to be
compatible with the use for which the easement is acquired."
"
.
.
00 NOT WRITE ABOVE THIS LINE
Said easement areas shall be kept clear of any type of building, fences. structure, pavement, or trees, unless prior written
approval is obtained from District.
The easementsshall include the right to construct, reconstruct, inspect, maintain and repair a channel, protection works and
appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a
hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the
right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand and
gravel for the construction, maintenance and repair of said channel, protection works and appurtenant structures by said District,
its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary for
flood control or storm drainage purposes.
In WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be
affIXed hereto this __........__nn..~1;.I:................ day of............A.:p..':.i.~...................... , 19 ...?~. .
Ci1C'ofCilroy ')
................. ........;;;:::--=.::.:.:~........../.,,~......................._..................
",m_',-L. tt~~"''''~'!:.'~'WSJ.".
........~.. .............................. ...~.~.Y...~.~.~=.~......___
[CORPORATE SE
........................~~~~;o::t::~.~~.;~~~...?~~~~............ } ss
. 6th April 92
On this .............................. day of .................................................. , 19........ , before me, the undersigned, a Notary Public
in and for the State of California, residing therein, duly commissioned and sworn, personally appeared ..............................................
.....J.i!y...ll~.\\p.iL........... , known to me to be the ..J::ity...Admin.is.t.t:a.t.ar.. F>o.iJe..-t, and ~!:':~~!:.t:.~...J!:.:...!!.!;!':!!?!!!~.~.?..........
known to me to be the ....<;;~.t.Y...!;.:J.~];k............................. ~.....fQr...th.e...Cit.y...of...Gilr.oy........................................
of the corporation described in and that executed the within instrument, and also known to me to be the person..p.. who executed
it on behalf of the corporation therein named, and ....~.he.y........ acknowledged to me that such corporation executed the within
instrument pursuant to its by-iaws or a resolution of its boa~)oc~
WITNESS my hand an:::~::al~ '~~~:6.2 ~. .&r....?:........(Seal)
PatriCia 1<. Bentlon ,Patricia K. B~
. NOTMY ,,*IC . CALli'
_TA CLAIIA COUNTV
IilyComm,I_"""''''.
N;;;;;.(Typ~d.~;.p~t~.d).N~t~;.y.p;;b{i~.i;;;;;,df;;;.&id.c;;~'~tY'~~d' si~t~
CERTIFICATE OF CONSENT AND ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District
is hereby accepted by the undersigned duly authorized agent on behalf of the Board of Directors of said Santa Clara Valley Water
District, pursuant to authority conferred by Resolution No. 68.25 of said Board of Director's adopted on the 26th uay of March
1968, recorded March 27th, 1968 in Book 8069, Page 535, Official Records of Santa Clara County, California,anu the Grantee
consents to recordation thereof by its said duly authorized agent.
Dated: ......................................___.., 19 .........
SANTA CLARA VALLEY WATER DISTRICT
By:
General Manager/Clerk of the UO:Hd of Uireclors
(Strike out inapplicable one)
FC128 103-31.771
'I:'
.
.'/2'.
" /
'/5
, ./
@ /,,7C'?3'OO"r\'
@: /(7';~';3'OC"rv'
@ St!8'ucC'C"W
@, ,A/r.-15.7;Z CC"Z-
@ :/35'cz'cC",;:
10"5~00 '2'",'0
'a J~ -1 ~... ~
j2C)S42 048' JG" E
,;:1; SI8030'OC'E
"0 570"2,...... '()"\"
'4--'<:-' ',",,'I l,' ~
'R 5G5003'00" E
e4N26033'(\C" W
. P ....' -~r'
--0.~~.r!_0 - ~I . _. "_
LETt:L !:. ~ C ; ,.;C-'"
I
~
,1
,/
//
/'
/~
l~ (I-rv
"@ ~,J
',R.
I 0..........
'.9 "\,
r;\\, ^ 0'3~' ~ TN
V) .....'- .:.... v_
e€) //:.bb"'....7.3.C("fL;
r;\ ,P~A" ?3'C"""'A'
'''':.J i r;.J i..-' c.. I". f ~
'4' //7<?'.3c'O~"'W
'C./
0'. ,~'J'?" ~c'i~7"C
'./ '-"
.:;:)
0':;\
v.
.-~~ ,:!/{..~' 5,fl'ClJ"/r
C0 5S';"16',,"C"rt
@ 1~'(~v"Q~5'C'C"';;'
.~'';1''Z4'J)'' ;~'
/.:3{J' 3C"OO"W
/rct.'r4/'Clc"11/
;:-I.3-_"i8 ('()";v
,v,;'1Z"':'3'(C'/1,'
.
@
/
r
c:-.'
i!J.)
'-
\
:.,~-=, ~~'
c..........::.......""
372.40'
/5500'
3'A 7f '.
1(.././ I
1!7.0v~ ,
,.",'5C Cr.:'
c33.0C'
ll3...~. 5",')'
c:."'C"/.....c..
~dr ...../."
-... ....
3CG" "t
375....:'(:
'75t:J
2Cc.):'?'
r-:-.< ...........
...-~......"Jv
c?4~"'.81 '
<1(' 25
._" ~.
:J~~
q F4 ~. ~
: 76. ,_') 4'
1'"',"'" ,.".'
~ -J _, ,_ \..
i,~ 3, 4(
: i ~;,C r:
4'3:'> c-:'
...
PJ.f' .
Pc:. lip,
'--
C30 r-.480I5'(,,-, v.
.:Q)',5303000"W
~, 'I,
<;::: "4CO 18 24 '....
.el 557000(("" E
:.:a SOUTH
',~ N C' R T H
"
215.(,C
2,8.0C'
15S 74
3 3 3 3C'
95, C:::' .
119.12'
;,/
8./ ,'1-::- i',.,
t:I UL --c//"'\'~
. '62/ \"
Pcl."S" )~.
_0
i
~,,)
SiLnOY ..'.J ..~
.i" ::..'... ," ,..! " ;J')
;."/ .'1.-.....
a'
Pel. "All
'@-
'.' .......
~-r::.'
..:J
6'(-:\
'--..;;.;"
2....i
~
.'1!
'-J '"r.~
"::'JJ
CO U j\j T Y
,)
C:F
5AJ\j T}\
C L/\nA
,~
(!4I"
~
~"~, Cz:
.~)~\
>-
r .:.:
'"
,
?~
\ ~ \
~~
7'.
FJLJC~
rr' ,\ J\..I ! I '/
r-\ :I)) -' )
~ 5 -r ;:-\ -r ::::
SE:20 ~, 1'(' _\
N 2.-,;0033 ';'J .\
is:-:'. : ':
2! --+.'}')
242 ,r,;
. '.5jJ
T pee
---P'I "C'''
~i.J . \. '-'
~ ;-
-.:.-~ "'p
t.JhL.--oOZ " I.,
'.~..
t.. =~F:;~,~:" [
S ...;.'?( l ': ,'.,', E
f..~ :~C)~2'c..,~'''[
~". ' ,
1;-) _,,;
"
~,
, t".~"
~J C ; s ;.., I,- _
3~: ,
Pc I
"f'
~ ii E .:
CiiE[,,~ 5,8.;3
;, c.. :t
Pc:I.'C :\::';E~
rREEr<-. ~ .78~; ;.c 1.
~:;::,:~'F:" ,.... . ,)-~.'_~
, .\ :)',}
8=1 T
-"-;'P '~j
~ j":' -
C_
'if'. ,.'
" .:...----t J,. I
"'" ,.,
:c.......~.
--,
.,
.. =.c'-[":- ~:
J" ....
" ,
[~
,;..'r:; Lo', .J;":;,
~" ,
~: t.. t :5 ,""i-.- .\'
,
ec
er
. ., .
L.
- ~
COUNTY
SA f'r{ J-\
cny
@
Q)
~
@
@l
S 29'17 '24"W
/31.91'
N50'2I'13" W
30.10'
N29"J7'24" E
130,73 .
S6000S'OO''E
30.00'
i.
!/
/
/'
////
/
/
OF
30' hal: street
dedicated to City of
Gi.roy by PIM 496-M-25~ 26
,
\
,
\
\
\
GJUWY
PJLI CE FAl'lJ! L Y ES TATE
\
AREA
STREET' 0,467 Ac.'
~EV. ~PPR. CATE
L:ESC;;-;IPTICN
PROJE:T NO. 5018
FI'_E ~.J. 59
T;T~E qEPCqT NO.
2
3 I
SCV'.O
SCALE 1
100'
CRA"N K , N.
snE 7/13/87
.
.
, .
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-18
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
6th
day of
April
, 19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
7th day of
April
19 92.
4'f'<ia.".,J t..
City Clerk of the City
( Seal)