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09. Roadway 22331 Santa Paula Ave DRAFT RESOLUTION NO. 07-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRAN[ OF EASEMENT FOR ROADWAY PURPOSES FROM JOHN D. WAHLER AND SUSAN C. WAHLER, 22331 SANTA PAULA AVENUE, APN 357-04-002 WHEREAS, John D. Wahler and Susan C. Wahler 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 22331 Santa Paula Avenue (APN 357-04-002) along Santa Paula A venue in the City of Cupertino, 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 20th day of Noyember 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Attachments: EXHffiIT A & EXHffiIT B 9 -1 GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 357-04-002 22331 Santa Paula Avenue John D. Wahler and Susan C. Wahler. husband and wife 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 improveIl.J.ents 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 "All & liB") \ The granting of this EASEMENT hereby nullifies and voids any roadway easement or dedication recorded May 23, 2007 as Series No. .19441293 of Official Records. IN WITNESS WHEREOF, executed this Lday of rJoov~2D2J Owners: ...-.-, \ i , t l ------ --- (Notary acknowledgment to be attached) 9-2 EXHIBIT A GRANT OF EASEMENT FOR ROADWAY PURPOSES LANDS OF WAHLER REVISED 11-14-07 15' RjW 5571 OR 163 I 20 15' .- N 8 ' 3'.Q.0~ 100.12' -..J .- N_89'53'00"WJ.?0.12' -I SCALE: 1" = 50' i.- N89"53'OO"W-115.12' -l if 85.00 -. N ..-- o PARCEL B o 10,141.27SQ.FT. 1 31 I~ 1 o 81 12 ~I N89'53'00"W.' I ~~ 75.00' ! . n '1O "<t" n ~ N o o N W "' 8 i--.. P o _ 0 ..--N Z I~ o 12 1 0' DEDICATION -E.~RW )) N89'53'OO"W - <t SANTA PAULA AVENUE NOTE: THE BOUNDARY INFORMATION FOR THIS PLAT WAS OBTAINED FROM THE RECORD OF SURVEY RECORDED IN BOOK 222 OF MAPS AT PAGE 48, SANTA CLARA COUNTY RECORDS 10' I I 85.00~ ~~ ~ r t~ I~ ~ ~ w ~ o (J) o ~ 'i----j ~ o o ~ o ~ z ~ 9-3 EXHIBIT B Grant of Easement for Roadway Purposes All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest corner of Parcel lA' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records; thence proceeding along the West boundary of said Parcel lA' NOOOTOO"E 10.00 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue S89053'00"E 40.12 feet to the East boundary of said parcel 'A'; thence along said East boundary of Parcel 'A' Soo07'OO"W 10.00 feet to the North boundary of the aforementioned Santa Paula Avenue; thence along said North boundary N89053'0O"W 40.12 feet to the point of BEGINNING. Containing 401 square feet more or less and consisting of a portion of the above mentioned Parcel 'A' as shown on the above mentioned Map. Revised 11-14-07 9-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.€.a..~.?':~-<'5<'..E~""'<,.R.('~~..-o~~~A'"P~~~~-<'-A~;ll!<'~-=~..&'h~.<'>(.o~..;;:<,~":'C~~~~~",!<>,,*,)i;O~~A"'<'_~ County of S PnJ"i""'A On --ll1 0.(, l 'bOO? ate personally appeared --:r a H rJ CM'rT.L-A } State of California before me, ~V1A ~ ,PA-'rE1- I i>J O~ PUaL-iC Name and Tllle of Officer (e.g., "Jane Doe, Notary Public") D. lU A1-1 L..e(<.. A-rl 'i:) S LI ~ A-N Namelst of SlgnBfel C. v.) A-H L€?e. o personally known to me -----....-----, IW<SHA K. PATEl CommIssIOn # 1575295 Notary Public . Callfomia ~ Santa Clara eounty My comm. Expires May 2. 2009 ~or proved to me on the basis of satisfactory evidence) to be the person&) whose name~ isfare subscribed to the within instrument and acknowledged to me that haLsRelthey executed the same in ~/their authorized capacity@. and that by R+s.lAer/their signature~ on the instrument the person<<D, or the entity upon behalf of which the personG) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature (6)P Signature of Notary Public 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: G\"~ Document Date: ct &"'s(l.I.1\Q..J-d- .-r^ eoc;JuJ':j P c.,(.'''Fse..s. Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer -lltle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OFSIGNER RIGHTTHUMBPRINT . OF. SIGNER TOp of thumb here Signer Is Representing: Signer Is Representing: ~~~~~~~~1iC"V~WV'~~~~~~~:v~1:lV~:!V~.....~~~E',..:~v~~EtIV~~~~~~~;;'~~~~~3E\. Cl2006 NaUonal Notary Association. 9350 De Solo Aw.. P.O. Box 2402" ChelsworllJ. CA 91313-2402 Ilem No. 5907 v609 Reorder: Call TolI.Free 1-800-876-6827 9-5