E-398 GRANT OF EASEMENT FOR PUBLIC UTILITIES, 10130 ORANGE AVE
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO:
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
p 0 8 I PA GE I 7 9 4
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r~'lEO FOR RECORD
_;AT REOUEST OF
CITY OF CUPERnNO'
; Nov 9 2 00 PH '95
OFFICIAL RECORDS
SANTA CLARA COUNTY'
ORENDA DAVIS I
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GRANT OF EASEMENT FOR PUBLIC UTILITIES, 10130 ORANGE AVENUE,
APN 357-17-104
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DOCUMENT TITLE
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
p 0 8 I PA GE 119 5
GRANT OF EASEMENT
for
PUBLIC UTILITIES
10130 Orange Avenue
APN 357-17-104
Lotus Development & Construction Inc.. a California cornoration hereinafter called Grantor,
hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called
Grantee, the right to excavate for, install, maintain and use PUBLIC UTILITY EASEMENT as
Grantee shall from time to time elect within the hereinafter described property of certain premises
which are situate in the City of Cupertino, County of Santa Clara, State of California, and
described as follows:
(See Exhibit A & B)
Grantor hereby further grants to Grantee 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 PUBLIC UTILITY EASEMENT for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said
EASEMENT: there is also granted the right of the use of sufficient land contiguous to said strip
on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building materia during the time of constructing said EASEMENT and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees 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 ~S.s. ~REOF, said parties have executed this Grant of Easement this
day of~~9{<;. .
c~~:.
A California corporation
(Notary acknowledgment
to be attached)
p 0 8 I PA GE 119 6
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(APN 357-17-104)
An easement for public utili ties consisting of all of that real property
lying within the limits of incorporation of the City of Cupertino,
California described as follows:
BEGIRNIRG at the Northeast corner of Lot "E" in Block 4 as shown upon that
certain map entitled "Resubdivision of Subdivision No. 1 Town of Monta
Vista" as recorded in Book P of Maps at page 24 Santa Clara County records:
thence along the North line of said Lot E West 115 feet: thence along a line
that is parallel to the center line of Orange Avenue, 30 feet wide, as shown
on the above mentioned map, said Orange Avenue being vacated by Resolution
No. 5929 of the City Council of the City of Cupertino, South 40 feet to the
TRUE POIRT OF BEGIRBIRG thence continuing along said line South 40 feet;
thence West 10 feet: thence North 40 feet: thence East 10 feet to the TRUE
POINT OF BEGIRNIRG.
Containing 400 square feet and being a portion of the above mentioned Lot E.
(PUE dedication)
p 0 8 I PA GE 119 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 3, 1995, before, me,
~(;':(9(;':(9(;':(9(;':(9(;':(9(;':(9(;':(9~~~(;':(9~~(;':(91:
~ ~ij~""."" ROBERTA ANN WOLFE ~
U ,~, Comm. No. 996834 G
V) , -J'f. NOTARY PUBLIC. CALIFORNIA ~
~ <.'0;;. SANTA CLARA COUNTY ?
~ My Commission Expires June 11, 1997 ~
~~~~~~~~~~~~~~~G).
Roberta Ann Wolfe, Notary Public, personally appeared Barre
Barnes, personally known to me to be the person
whose name is subscribed to the within instrument
and acknowledged to me that he executed the
same in his authorized capacitie and that by his
signature on the instrument the person, or the
entity upon behalf of which the person acted,
executed the instrument.
WITN~ my hand and official seal.
/- ~<A 1: (j ~ --t<j~
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORA TE OFFICER
TITLE
DPARTNERS
Grant of Easement
TITLE OR TYPE OF DOCUMENT
DLlMITED
DGENERAL
ATTORNEY-IN-FACT
DTRUSTEE(S)
DGUARDIAN/CONSERV A TOR
DOTHER
3
NUMBER OF PAGES
October 3. 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Lotus Development & Const. Inc.
~
SIGNER(S) OTHER THAN NAMED ABOVE
RESOLUTION NO. 9469
fILE COpy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
LOTUS DEVELOPMENT AND CONSTRUCTION, INC., A CALIFORNIA
CORPORTAION, LOCATED 10130 ORANGE AVENUE, APN 357-17-104
WHEREAS, Lotus Development and Construction, Inc., a California Corporation,
Grantor, has executed a Grant of Easement which is in good and sufficient form,
conveying to the City of Cupertino, Grantee, an easement for public utility 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", a~ched hereto and made a
part hereof:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, at 10130 Orange
Avenue,
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
grant so tendered; and
BE IT 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 16th day of October, 1995, by the following vote:
~ Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Koppel, Sorensen, Dean
None
None
None
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
ATTEST:
/s/ Kimberly Smith
City Clerk
GRANT OF EASEMENT
for
PUBLIC UTILITIES
10130 Orange Avenue
APN 357-17-104
Lotus Develooment & Construction Inc.. a California corooration hereinafter called Grantor,
hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called
Grantee, the right to excavate for, install, maintain and use PUBLIC UTILITY 'EASEMENT as
Grantee shall from time to time elect within the hereinafter described property of certain premises
which are situate in the City of Cupertino, County of Santa Clara, State of California, and
described as follows: .
(See Exhibit A & B)
Grantor hereby further grants to Grantee 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 PUBLIC UTILITY EASEMENT for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said
EASEMENT: there is also granted the right of the use of sufficient land contiguous to said strip
on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building materia during the time of constructing said EASEMENT and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees 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 wp(!9ES~ ~REOF, said parties have executed this Grant of Easement this
day of~:=art...J9'iS. .
(Notary acknowledgment
to be attached)
,." .' 1 oJ
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(APN 357-17-104)
An easement for public utilities consisting of all of that real property
lying within the limits of incorporation of the City of Cupertino,
California described as follows:
BIGIRHIRG at the Northeast corner of Lot "E" in Block 4 as shown upon that
certain map entitled "Resubdivision of Subdivision No. 1 Town of Monta
Vista" as recorded in Book P of Maps at page 24 Santa Clara County records:
thence along the North line of said Lot E Vest 115 feet: thence along a line
that is parallel to the center line of Orange Avenue. 30 feet wide, as shown
on the above mentioned map, said Orange Avenue being vacated by Resolution
No. 5929 of the City Council of the City of Cupertino. South 40 feet to the
TRUE POIRT or BIGIDIRG thence continuing along said line South 40 feet:
thence Vest 10 feet: thence North 40 feet: thence East 10 feet to the TRUE
POIRT or BIGIRHIRG.
Containing 400 square feet and being a portion of the above mentioned Lot E.
(PUE dedication)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
'g>~~~~~~~~~~~~~~1:
~ @,.....ROBERTAANN WOLFE ~
G .~. Comm. No. 996834 G
VI . - ~:~ . . NOTARY PUBLIC. CALIFORNIA ~
~ '" 0 SANTA CLARA COUNTY ?
5? My Commission Expires June 11, 1997 ~
~ G):IJ G):IJ G>> G):IJ G)\:l G)\:l G):IJ G):IJG):IJG):IJG):IJG)\:l G)\:l G):IJ Ql.
1995, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Barre
Barnes, personally known to me to be the person
whose name is subscribed to the within instrument
and acknowledged to me that he executed the
same in his authorized capacitie and that by his
signature on the instrument the person, or the
entity upon behalf of which the person acted,
executed the instrument.
On October 3,
WITN~ my hand and offi9ial seal.
~~~,;/; (j~ ~ Jr4'- L
Si nature of Notary -'
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE
DPARTNERS
Grant of Easement
TITLE OR TYPE OF DOCUMENT
DLlMITED
DGENERAL
ATTORNEY-iN-FACT
DTRUSTEE(SI
DGUARDIAN/CONSERV A TOR
DOTHER
3
NUMBER OF PAGES
October 3. 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Lotus Development & Const. Inc.
~
SIGNER(SI OTHER THAN NAMED ABOVE