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E-376 GRANT OF EASEMENT FOR WATER LINE PURPOSES, 10485 SAN FERNANDO AVE E-2>7!o 12715331 NO FEE IN ACCORDANOa: WITH 60V CODE 6103 r'iU:O FOR nECORD /" T nCOUEST Of Return to: CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO 94 N'JV - 7 AM /I: I I -- ""'"- 0" 0" NO FEE (j] OFF1CL\L r;[c:');:ws SANT t. C~Jtu\ COUNTY B r [ r ; D\ [) i\ \j IS j I r'-., -0 ::00 C) rr1 o o w o ~ OP EASaHfl' 1iATIm L1lIE ~ :unu:; IlEVEUlEMEHr AM> <Dti'.Il:GX.I:~af, ~. hereinafter called GRANroR, hereby grants to the CITY OF aJPEm'INO, a mmicipal corporation, hereinafter called GRANI'EE, the right to excavate for, install, replace (of the initial or any other size), maintain am use for water line pn:p::lSeS as Grantee shall fran time to time electric within the hereinafter described property of those certain premi~ which are situate in the City of CUpertino, County of Santa Clara, state of california, am described as follows: (Description Attached) -SEE ATTACHED EXHIBITS A & B Grantor hereby further grants to Grantee the right am privilege to enter upon his lams contiguous to am along the line of said hereinabove described strip for the p.n:pose of locatin:], constructin:], repairin:], mainta~, or replacin:] said water line or appurtenances thereto, am for the prrpose of doin:] any necessary or lawful act in connection with the construction or maintenance of said water line there is also granted the right of the use of sufficient lam contiguous to said strip on either or both sides thereof for the prrpose of excavation of am deposit of earth am necessary l::uilcli.n1 material durin:] the time of constructin;J said water line, am any repair thereof. '!he foregoin:] is subject to the followin:] express corxtitions: '!he Grantee agrees to restore the groun:i surface am any i.mprove.nents thereon to its original grade or corxtition insofar as it is practicable am reasonable to do so. IN ~ WHEREOF, sa~ pcu;t,ies have ~ this Grant of Easement this A day of (dj'l: , 199 L. _/~- -:~~ C::~P~an, =. ,ilAr'OeC :ll/l~u4I. , pms I (Notary acknc1,.[ledgment to be attached) N G 6 , p~ GE 0 0 3 1 ALL. PURPOSE ACKNOWLEDGMENT State of ~~ countyof4J [/)~ / On Or - /h -- f f before me, DATE personally appeared Xr/.. r r 6-- r '" ~ ....s AME(S) OF SIGNER(S) , ~perSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the person~ whose name{G) is/aFe subscribed to the within instrument and ac- knowledged to me that he/shc/thcy executed the same in his/hcr/their authorized capacity(i9&), and that by his/h-er/their signature~) on the instrument the person(.s1, or the entity upon behalf of which the person(.5) acted, executed the instrument. Witness/~and and official seal. ~, Lr1~-iJ&-~ . SIGNATURE OF TARY 'l(9 G':(9?X9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G':(9 G'0 ~ ~c 00 , ROBERT A ANN WOlFE 9 ~i~~ Comm, No, 99683_4 ~ u 'it,.;!;~',tlhl" NOTARY PUBLIC CALlFuRNiA I, V) \' ..Lu~'.J { <( ,,;v,;:., SANTA CLARA COUNTY c:; ~ G ') My Commission Expires June 11, 1997 14 '~G)':) G)':) G)':) G)':) G)':)~ G)':) G)':) ~ G)':)~ ~~ G ; NO 209 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL(S) Bf CORPORATE~ OFFICER(S) L5 ,c/..(.I'I f-- TITLE(S) o PARTNER(S) o ATTORNEY-iN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDiAN/CONSERVATOR o OTHER: ~ pL. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document lj/?q-------.J J6 P I~ A J~ MUST BE ATTACHED /~ cr / ' J TC THE DOCUMENT Number of Pages Date of Document - (b- f DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ~ ~ #_, @1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave,' P,O. Box 7184. Canoga Park, CA 91304.7184 H 6 6 1 pa GE 0 0 3 2 LEGAL DESCRIPTION WATER LINE EASEMENT DEDICATION 10486 San Fernando Avenue All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a Southerly portion of Lot 3 of that certain Map of Tract 8585, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 17, 1993 in Book 649 of Maps, at Page 41 and 42. Beginning at the Southwest comer of Lot 3 of said Map of Tract 8585; thence from said POINT OF BEGINNING along the Southerly property line of said Lot 3, East 116.94 feet to a point of intersection with Northerly line of McClellan Road; thence along said Northerly line from a tangent bearing ofN 280 57' 18" W along a curve to the right with a radius of 80.00 feet through a central angle of 40 48' 29" for an arc length of 6.71 '; thence leaving said Northerly line, West 122.94 feet to a point in the Westerly line of said Lot 3; thence along said Westerly line S 00 08' 40" W 3.00 feet to the POINT OF BEGINNING. Containing: 359 sq. ft. or 0.008 acres, more or less. r"~ " ~r'~'1 T A ., , , S iIIIL...... ; - J 3.08' :g <V '" LOT~ r S89'51 '20"( LOT 7 N 89'51' 20"W 146.68' LOT 6 S89'51 '20"( 115.79' 182.03' co LOT 4 633, SQ. ft. 0.014 acres 211.37' 210.69' S90'OO'OO"( TRACT 5362 o a z ..q: Z Q: tz z ..q: C/) PLOT TO ACCOMPANY LEGAL DESCRIPTION 350.78' \j S89'51'20"E ,w o .... "DO P 8 z 359. SQ. ft. 0.008 acres 3,00' N90'00'OO"W 116.94' N 28'57'18" W R POB F~ \f it H'''''q T' i\ I'-'~ I ~ )/ M} A . ", j;; :~'"y i t:f LAN (. \r t::. = 04'48'29" V R = 80.00' V L ., 6,71' () () ? LOT 1 589'51'20"( 85.00' LOT 2 125.00' LOT 3 6 = 12'52'00" R = 80.00' L ., 17.97' '0 IX) .0 IX) ~ ~ '0 "DO 0 P ci o a> o VI ;,. It> ,..: <D SCALE: 1" = 50' ;Ie en 0'\ RD -u ;po C) .,.1 C> C> W W N 6 6 I PA GE 0 0 3 4 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated September 16, 1994, from LOTUS DEVELOPEMENT AND CONSTRUCTION, INC, to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on October 3, 1994, and the grantee consents to recordation thereof by its duly authorized officer. Dated: October 10, 1994 JJJ./ ' r_ rJ ~, ,~"" " \J f..;'\'/\"~1':; 6' /Ii; B . 0 ~ I< / ,,1 If 'I . / y;-' .S''!. .f.L,''''CL'6t,k'l# .A;(, I.r--/ .... .~,-\Depy.tr.City C~k'; , :~ City ~f ~\t.p@rti~ ? : 5? P"" >' ,'J I :> > . ':'- :,. '>"~J'~"/ .1 j~ " ",i.~':, .l _\ 'i, ". ;:,',8;,/ RESOLUTION NO. 9158 ",:,"t'-.'" ""'Y'.. . . . ,-' ~, \~:. . . . '; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR WATER LINE PURPOSES FROM LOTUS DEVELOPMENT AND CONSTRUCTION, INC., LOCATED 10485 SAN FERNANDO AVENUE WHEREAS, Lotus Development and Construction, Inc" Grantor, has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for water line purposes over the property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof; All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of approx- imately 0.008 acre, located along the southerly boundary of Lot 3, Tract No, 8585, San Fernando Avenue, 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 of Easement and this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of October , 1994, by the following vote: ~ AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista. Burnett. Dean. Sorensen. Koppel None None None APPROVED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk GRAHl' ~ BASIIIIIf1' 1imm L1:NE ~ :ro:lm IEVEUBU!Hl' All) CDc:I.IH...~I'.1CIf, lR:. hereinafter called GRAND:R, hereby grants to the CI'lY OF aJPERl'D<<), a lIIJl1i.cipal ~ation, hereinafter called GRANl'EE, the right to excavate for, install, replace (of the initial or arrx other size), maintain aId use for water line p.1rposes as Grantee shall fran time to time electric within the hereinafter described prcperty of those certain pr-t; -gs which are situate in the City of 0Jperti00, Camty of santa Clara, state of california, am descri..bed: as follows: (Descriptioo Attached) Grantor hereb.i further grants to Grantee the right am privilege to enter upal his lams OCI'ItigucAJS to aId alag the line of said hereinal::lave described strip for the p.n:pose of locatin;J, CCI'lStruct.in;, repairin:l, maint:ain:in;J, or replacin;J said water line or ~ thereto, am for the p.lrpOSe of doin;J arrj ~c;ary or lawful act in oauleCtioo with the construction or mai.ntenaooe of said water line there is also granted the right of the use of sufficient l.aIXl OCI'ItigucAJS to said strip 00 either or both sides thereof for the pu:r:p:lSe of excavatioo of am deposit of earth am rw:ooessary b.1i.ldi.rq material durin;J the time of CXI1Structin;I said water line, aId arrj repair thereof. '!he f01:egoin:l is subject to the followinj express ccnti.tia'lS: '!he Grantee agrees to restore the gra.ni surface am art:! iDprovements therea1 to its original grade or ccnti.tial insofar as it is practicable aId reascnable to do so. IN wrINESS. liIIIlRmF. ~'O,r' have E!IlIlOIted this Grant of """""""'1t this /0 day of c.Z-. , 199 ~. (:2~.~. ~~r2~ ~~IQA.:6S / ~_ (Notary acknowl~'1t to be att.ad1ed) ALL-PURPOSE ACKNOWLEDGMENT State of (~ . countyof~ / On q ~ :; /'; - r y before me, personally appeared A (). r r L NAME(S) OF SIGNER(S) Fa personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(~ whose name~) islcw- subscribed to the within instrument and ac- knowledged to me that he/sbeAAey executed ~~~~~~~~~~~~~~~e the same in his/her/their authorized ~ ,,'. . ROBERTA ANN WOLFE t, capacity(.ies), and that by his/h9r/thAir ~':~~~: Comm. No. 996834 ? signature~) on the instrument the person(~. ~ ;~:~.!::~-1' NOTARY PUBLIC O,L1FCRNIA ~ ortheentityuponbehalfofwhichtheperson(~ ~ '''';l~!.~ SANTA CLARA COUNTY c. acted, executed the instrument. ~ My Commission Expires June 11, 1997 ~ Witnes hand and official seal. ~~~~~~~~~~~~~~~c;). DATE ATTENTION NOTARY: Although the information requested below is OPTIONAL, it cou THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages 3 Signer(s) Other Than Named Above NO 209 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL(S) ~ CORPORATE A OFFICER(S) (;.e..~ id ~ .J- TITLE(S) o PARTNER(S) o ATTORNEY-tN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME PERSON(S) ENTITY(IES) ~ (!~llk~ )h,~ . C 1991 NATIONAl. NOTARY ASSOCIATION' 8236 Remmel Ave.' P.O. Box 7184' Canoga Park, CA 91304.7184 LEGAL DESCRIPTION WATER LINE EASEMENT DEDICATION 10485 San Fernando Avenue All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a Southerly portion of Lot 4 of that certain Map of Tract 8585, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 17, 1993 in Book 649 of Maps, at Page 41 and 42. Beginning at the Southeast comer of Let 4 of said Map of Tract 8585; thence from said POINT OF BEGINNING along the Southerly property line of said Lot 4, West 211.37 feet to the Southwest comer of said Lot 4; thence running along the Westerly line of said Lot 4, S 120 51' 30" W 3.08 feet; thence leaving said Westerly line and running parallel of the Southerly property line of said Lot 4, East 210.69 feet to a point in the Easterly line of said Let 4; thence running Southerly along said Easterly line, S 00 08' 40" W 3,00 feet to the POINT OF BEGINNING, Containing: 633 sq. ft. or 0.014 acres, more or less r'fF: nn~-~ A eM ; \ " yo: j .:-'. I . L~I '. J ~ . ~i ~ ti LOT~ ~ S89'S1'20"E 3.08' S90'OO'00"E LOT 7 N89'51'20"W 146.68' LOT 6 S89'51'20"E 115.79' 182.03' co LOT 4 633. sq. ft. 0.014 acres 211.37' 210.69' 350.78' o a :z <( 2 ct: lJ..J L... 2 <( U) lJ..J :::> :z ~ <( ... o ... ill P 8 z 3.00' POB TRACT 5362 PLOT TO ACCOMPANY LEGAL DESCRIPTION LOT 1 b 01) .0 01) SCALE: 1"=50' S89'51'20"[ 85.00' \j ~ . o -: 8 p ci 8 '" VI LOT 2 S89'51'20"E 125.00' LOT 3 6 . 12'52'00" R - 80.00' L - 17.97' ;, tt'I ,.: co 359. sq. ft. 0.008 acres 122.94' N90'00'00"W EXI-HBIT a RD