Loading...
CC Resolution No. 09-068 Grant of Easement, Yu, 10679 Minette Place RESOLUTION- N0.09-068 A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT[' FOR UNDERGROUND PUBLIC UTILITY AND STREETLIGHT PURPOSES FROM WENSHEN YU AND JUDY YU, 10679 MINET7'E PLACE, APN 375-32-039 WHEREAS, Wenshen Yu and Judy Yu, have executed a Grant of Easement for Underground Public Utility and Streetlight Purposes, which is in good and sufficient form, granting the City of Cupertino, Cou~ity of Santa Clara, State of California, easement over certain property for Underground Public Utility and Streetlight Purposes situate at 10679 Minette Place, APN 375-32-039, more particularly described in Exhibit "A", 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 5th day of May, 2009, by the following vote: Vote Members of the Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO ED: City Clerk Mayor, City of Cupertino GRANT OF EASEMENT FOR UNDERGROUND PUBLIC iJTILITY AND STREETLIGHT PURPa~SES APN 375-32-039 10679 Minette Puce Wenshen Yu and Judy Yu, husband and wife as ioint tenants, hereinafter called Grantor, hereby grants to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, and the Grantee's successors and assigns, the right to excavate for, install, maintain and use an underground PUBLIC UTILITY EASEMENT and an EASEMENT FOR STREETLIGHT PURPOSES as Grantee or Grantee's successors a~1d assigns shall from time to time elect within the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and is described as follows: (See ExhiY~it "A") Grantor hereby further grants to Grantee, and Grrantee's successors and assigns, the right and privilege to enter upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing or maintaining said underground PUBLIC UTILITY EASEMENT and EASEMEI`1T FOR STREETLIGHT PURPOSES for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENTS; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the I?urposes of excavation of and deposit of earth and necessary building material during the time of constructing said EASEMENTS and any repair thereof. The foregoing is subject to the following exI?ress conditions: The Grantee, and Grantee's successors and assigns agree to restore the ground surface and any improvements thereon to its original grade or condition insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, executed this day ~~f f~ Y~ ~ , 2009. Owners: Wenshen Y Judy Yu (Notary acknowledgment to be attached) CALIFORNIA ALL-PURPOSE ACKN0IAILEDGMENT State of California County of ~ j, Uy 1 J~" On L~.'" I J before me, V~ 1~ ~!`~V~ Date 1 ~ ' -iii 1 l,. Hte~re, Inert Name and Title of the Officer personally appeared Uv G N i, ~O C Il/ ~ ~ Y ~ ,~~y u ' Name(s) of igner(s) who ~Iroved to me on the basis of satisfactory evidence to be thE~ person(s) whose name(s) is/subscribed to the within i ument and acknowledged me that he/sht~ he executed the same in h's/her heir uthorized capacity les), and that by his/he their signa ure(s) on the instrument the person(s), or the ntity upon behalf of which the person(s) acted, executed the instrument. SEVDA PERNOVA I certify under PENALTY OF PERJURY under the laws commisslon t 707x57 of the State of California that the foregoing paragraph is a `gym Notary Pubnc - California £ true and correct. ~ Santa Clara County Corrxn.E~ ~esN17v25,2010 WITNESS my hand and ~ff}icial s I/.~ ~ Signature Place Notary Seal Above Signature of Notary Public i~ 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 Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer -Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General _ _ ? Partner - ? Limited ? General _ _ ? Attorney in Fact • ? Attorney in Fact • ? Trustee Top of thumb 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 1-800-876-6827 Apri19, 2009 Job No. 09008 LEGAL DESCRIPTION 5 FOOT UNDERGROUrJD PUBLIC UTILITY AND STREETLIGHT SERVICE EASEMENT WITHIN LOT No.223 TRACT 1088 BOOK 42 MAPS 29 APN: 375-32-039 CITY OF CU PERTINO (See Mission Engineers, Inc;. Drawing No. 5-14252) THE EASEMENT REFERRED HEREIN BELOW IS SITUATED iN THE CITY OF CUPERTINO, COUNTY OF SANTA CLAR~~, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: An easement for underground public utility and streetlight service purposes along a continuous strip of land 5.00 feet in width lying within LOT No.223 as shown on map of TRACT 1088 filed on April 16, 1953 in Book 42 of Maps at Pages 24-29 Santa Clara County Records and being more particularly described as follows: Beginning at the Northwesterly corner of said LOT No.223; Thence, from said Point of Beginning along the Northerly boundary line of said lot South 87° 39' S3" East, 114.00 feet, to the Northeastf;rly corner of said lot; Thence, along the South Easterly boundary line of said lot South 12° 43' 11" West, 5.08 feet, to a line drawn parallel to and distant Southerly 5.00 feet from said Northerly boundary line; Thence, along said line drawn parallel North 87° 39' S3" West, 110.16 feet to the South Westerly boundary line of said lot; Thence, along last said line North 28° O1' 10" West, 5.79 feet to the Point of Beginning. EXHIBTT ..A.. 2? ~ s Page 1 of 2 ~ d fit, a ~ _~~o -Q 9~ APN: 375-32-026 APN: 375-32-024 APN: 375-32-025 LOT# 205 LOT; 206 TRA OTMAP 1088 TRACT MAP 1088 TRACT MAP 1088 BK 42 - PG 29 BK 42 - PG 29 BK 42 - PG 29 (APRIL 16, 1953} (APRIL 16, 1953) (APRIL 16, 1953) EXISTING 5' - _ _ _ OVERHEAD P.U.E. S 8739'53 E ~ S.OO ~ - - ~ ~i.00 5' P.U.E. 5.00 ~y. N 87'39'53" W 110.16' - - ~ - POINT OF PROPOSED 5' o BEGINNING UNDERGROUND P.U.E. AND STREETLIGHT SERVICE EASEMENT EXISTING 5' OVERHEAD P.U.E. ~ APN: 375-32-039 0 „ ~ r'd, LOT# 223 SCALE: 1 =20 p~ TRACT MAP 1088 ~ 'o, BK 42 - PG 29 Q~pf ESS/pN ~ (APRIL 16, 1953) O '9l d' Q~ ~ ~O ~ oJI2~ oo ~ ~ ~ Exp. 09.30.09 *f ~l V qTF OF CA~~F~ APN: 375-32-038 APN: 375-32-040 LOT# 222 LOT# 224 TRACT MAP 1088 TRACT MAP 1088 L~ = 44°33'48" BK 42 - PG 29 BK 42 - PG 29 F~ = 45.00' (APRIL 16, 1953) \ (APRIL 16, 1953) E- = 35.00' \ P.U.E. A \ STR EETLI G T SE ICE ~ w w EAS M E T W ~ IN THE CI OF Q; CUPERTINO, C LIFORNIA ~ EXHIBIT "A" PAGE 2 OF 2 SCALE: 1 "=20' DATE 4-9-09 UVUD~~~OLI V I~M~~(~(yl~l~n~9 ~U V~n DWN D BKC ME22 ~J`/u u\J ~c `J\RJESPONuSI\VEJI ;~CREL~CJAB`(L1E] RESULTSU\SJ/NCE 1953 JOB N0. 09008 355 Reed St. Santa Clara, Calif 95050 (408} 727-8262 FAX: (408) 727-8285 DWG. N0. S-14252