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CC Resolution No. 09-031 Grant of Easement 21885 McClellan Rd RESOLUTION N0.09-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM MICHELLE WANG AND CHENG-YUAN MICHAEL WANG, 21885 MCCLELLAN ROAD, APN 357-14-008 WHEREAS, Michelle Wang and Cheng-Yuan Michael Wang, have executed a Grant of Easement for Roadway Purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 21885 McClellan Road, APN 357-14-008, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of March, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~ City Clerk Mayor, City of upertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 357-14-008 21885 McClellan Road Michelle Wang and Cheng-Yuan Michael Wang, wife and husband as joint tenants, grant to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") 1N WITNESS WHEREOF, executed this day of C~~. , 2008. Owners: Michelle Wang Cheng-~ n Michael Wang PLEASE SEE ATTACHED (Notary acknowledgment to be attached) CURRENT CALIFORNIA NOTARY FORM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT er=r - .;cam-><~~:. c;^ . -c ~rc~r=r =e'- „~„-rte, - = -~.fi- ~-x>- . ; ; =w.~^ - . =rc-• ~-~;c-c State of California County of ! ; J ~ ' C " _ r1 OnC~l1~~J" ~21S,~m~' before me, r hz c~'~ ~Ci ~ ~c% ~ , Date Here Insert Nam and Title of the Officer personally appeared L' h ~ kit < CT /t ~ zvr~ - yrt~2 ~ i ~ hCJ Name(s) of Signer(s) ~G[ f'L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),is1"are subscribed to the within instrument and acknowledged to me that he/s#efthey executed the same in hislhetlfheir authorized capacity(ies), and that by her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KAREN ARMSTRONG I certify under PENALTY OF PERJURY under the laws COMM. #1578921 ~ NOTARY PUBLIC-CALIFORNIA ~ of the State of California that the foregoing paragraph is . ~ SANTA CLARA COUNTY true and correct. KOFlN~ My Comm. Expires June 12, 2009 WITNESS my han and official Signatur Place Notary Seal Above S ature of Notary R lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ / ( ~ Title or Type of Docume//nt: ?u v~T~i t ~ ~2~~ Pn't ~Z~ / ~~+duJGC-~1 ~ ~1y11 US Document Date: l~~ iY~.f?y`"d ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CI by Signer(s) Signer' ame: Signer's Name: ? In ividual ? Individual__._ - ____._.__.~,,y ? Cor rate Officer -Title(s): , -E~-Corporate Officer -Title(s): ? Partner - 'mited ? General _ ~ ? Partner - ? Limited ? General ? Attorney in Fact ~ _ ? Attorney in Fact _ _ ? Trustee fop of thump here ? Trustee Top of thumb here ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-676-6827 LEGAL DESCRIPTION FOR 10' ROADWAY EASEMENT All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, stated as follows: The southern most 10' portion of Lot 173, as said lot is laid out and delineated upon that certain map entitled "Map of Subdivision A, Monta Vista"; filed for record on April, 11 in, 1917, in Map Book "P" at Page 20, Santa Clara County Record. More specifically described as follows: Beginning from the centerlines of Byrne Avenue (formerly known as Buena Vista Avenue) and McClellan Road, thence along the centerline of McClellan Road due East; a distance of 348.00' to a point on the centerline; thence due North; a distance of 20.00' to the True Point of Beginning, this point also is the southwest corner of Lot 173. From the True Point of Beginning; thence due East, a distance of 100.15'; thence due North, a distance of 10.00'; thence due West, a distance of 100.15', thence due South, a distance of 10.00' back to the True Point of Beginning. Containing an area of 1001.50 Square Feet or 0.02 Acres, more or less. ~~O QROf ESS/pN9l c~ ~ tiZ W ~ R' ~ ~ a ~9~ ~f~ 1F~~~\P REFERENCES C 1) MAP ?E " SUBD N I S I ?N A M?NTA VISTA" I N V?E. " P" AT PAGE 20, APRIL/1917. C 2) R?S I N B??K 571, PAGE 44, SANTA CL_ARA C?UNTY REC?RDS, MARCH/1987. C3>PARCEL_ MAP IN B??K 428, PAGE 3, SANTA CEARA C?UNTY REC?RDS, MAY/1978. (-EGEND a Indicates 3/4" Iron Pipe Set, Tagged RCE #C33897. C )Record data ?O Indicates City Monument Box. w __N90.00'O.Eloo_IS'-- z N m Scale 1" = 30' o ° W ~W 3~ O O M O O~ O p O W O ~ ~ ~ (E)WOOD FRAME BLDG. ~ W ~ F. F. =369. 61' . ~ > i i ~Q ~ i i i i i R/W LINE ~ _ N_90'00'00' E 100.15 _ _ ~ l W O l0' EASEMENT o I~ R/u LINE _ _ 90'00'00' E 100. 15 ~ - - - - - ~ . p O N MONUMENT LINE ! O McCLELLAN QROFESS/pNq ROAD 40 11-P ,~T NorC:~ ~ r Expo c ' t7 ~ m 7t OFD p 1F0~~\P DRAWN BY B. GAC I A PROJECT SHT. NAME SHT, N0. DATE. 3/20/2008 21885 McClellan Road, Dw~. No. ~ CUPERT I ND, CA 9501 4 10' Roadway EASEMENT 1 PLAT. APPROVED BY. HPT N ~ ~Rk~~ s ~ h ' ~ } Y a _ ~ y ~ _ adopt a resolution accepting Grant of Easement for Roadway ~ £ ~ ~ ~ : o:~,. A 'urposes, 21885 McCleallan Road, APN 357-14-008. ~I~ - . _ he property owners of this residential development agree to grant " ~ ~ d - . ~ " ~ ~~-0 to the City an easement for public roadway purposes, together with ~ ~.r:° "''t the right to construct, operate, repair and maintain public utilities . :end improvements, over a portion of the property " ' - ~ P+~. 'pr~ ~T - 0.L `~,X ? x ' s Yf # t ~ * ' `r ~ ~ ~ ~ ' f ! t ~ K „ ,may ro ~ • ,F ~ ~ } § •A s i " ~ x ~ p~ a ~ ~ f McClellan Road . x. ~~r~~1~ _ , +'~M*a't~r: Y ..vn e,-_ a Y+~s tint 't . hvyx ~ ~:,c. "A ~.:+wrbA •-dx;', . q,, ~ „ ~ ~ 1. ~F . _ 4 s ~ -nwr~... . ' x