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E-406 GRANT OF SIDEWALK EASEMENT, SARATOGA-SUNNYVALE & BOLLINGER RSCORDING REQUESTED BY P I 7 8 PA GE 2 2 0 2 CITY OF CUPERTINO WHEN RECORDED MAIL TO: 13174632 City of Cupertino. 10300 Torre Avenue Cupertino, CA 95014 ~ .' ~, .-,.". ~'''';P:O rn L ~'~":4~) b~ L:! ~~ E-I/-o" " !fILEO- FOR RECORD' . , cAT ,Re:QUEST OF' "CITY DF'CUPERTIND JaH 26 11 01 ~H '96 OFFICIAL RECORDS SANTA CLARA COUNTY BRENDA D^VIS RECORDER 1.:.1 ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) NCt::. CORO,o. "'-E n~,o.C 1:: 6\03 NO F~ 0" cOO 'v'Jrr~ 6 GRANT OF EASEMENT, SIDEWALK, BOLLINGER II ASSOCIATES DOCUMENT TITLE "Q0 ~'3-~ , r\0 0\ .~'().'-t> 6~\O~ 'R~\C '\ CO'\' ~e~\. O\O~'(~~e \Oo.oC..s. "f(~ 0'\ . r.~ '90 O<\9J" ~ 3140 SEPARATE PAGE. PURSUANT TO GOVT. CODE 27361_6 P I 7 a PA GE 2 2 03 GRANT OF SIDEWALK EASEMENT When Recorded Mail to: City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attention: City Engineer Record without fee under Section 6103 - Government Code, State of California SPACE ABOVE THIS LINE FOR RECORDER'S USE Bollinger II Associates, A California Limited Partnership, hereinafter called Grantor, hereby grant to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and use for sidewalk purposes as Grantee shall from time to time elect within the hereinafter described property of those certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Attached Exhibit "A") 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, maintaining or replacing said sidewalks or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said sidewalk; 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 material during the time of constructing said sidewalk, 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 WITNESS WHEREOF, said parties have executed this Grant of Easement this 29th day of November , 19 95 (Notary acknowledgment to be attached) Uega1l800 P t 7 8 PA GE 2 2 0 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Santa Clara On November 29, 1995 DATE before me, Susan A. Gatto. Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Charles K. Stegner NAME(S) OF SIGNER(S) sa personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. fQ~~Q~~QQQQQQQ~~:N~~:~~'~1 ,.. Comm. No. 1010728 > 0". . NOTARY PUBLIC. CALIFORNIA ~ ~ . SANTA CLARA COUNTY ... My Commission Expires December 2, 1997 ~s my ha~Official seal, ( 0~ I-f~ '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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Grant of Sidewalk Easement TITLE OR TYPE OF DOCUMENT TITLE(S) [Xl PARTNER(S) 8 LIMITED D GENERAL 3 NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV A TOR D OTHER: November 29, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Bollinger II Associates SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 P I 1 8 PA GE 2 2 0 5 95027 #782 6/6/95 RBP DESCRIPTION PUBLIC UTILITY EASEMENT (PUE) , SIDEWALK EASEMENT (SWE) All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being an easement for the installation and maintenance of public utilities and sidewalk facilities described as follows: BEGINNING at the Northeasterly corner of that certain parcel of land shown on that certain Record of Survey for Harbor Service Stations Inc. recorded in Book 213 of Maps at Page 39, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the general Easterly and Southeasterly line of said Parcel South 0 deg. 03 min. 00 sec. West 117.46 feet and along a tangent curve to the right with a radius of 60.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 94.44 feet; thence leaving said general Southeasterly line from a tangent bearing of South 89 deg. 46 min. 01 sec. East along a curve to the left with a radius of 55.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 86.57 feet to a point on a line parallel with and distant 5.00 feet Westerly measured at right angles from said Easterly line of said Parcel; thence along said parallel line North 0 deg. 03 min. 00 sec. East 122.45 feet to a point on the general Northerly line of said Parcel; thence leaving said parallel line along said Northerly line 89 deg. 54 min. 30 sec. East 5.00 feet to the POINT OF BEGINNING. "ll\\\\i\l t\' P I 7 8 PA GE 2 2 0 6 CITY OF CUPERTINO SANTA CLARA COUNTY, CALIFORNIA 5.00' P.O.B. P.U.E. & S.W.E. 10'P.G.&E.ESMT (BK.4351 O.R.435) - - N89'54~5"E -134.43"'- - ---H -11 5' S.W.E. & ~II lo P.U.E. Nil ~ 0 ~II ;: <( EX. PUBLIC UTIL. ESMT.11 0 (BK.J818 O.R. 1805) 11 .!..LI a:: }U11.0 o 0 011 - APN: 359- 23-017 811 r:s RECORD OF SURVEY 0,1 8 BK. 213 PG. 39 ~II z AREA 0.53 ACRES II \I ~=90'10'59" ~ R=60.00' L=94.44' / 6,=90'10'59" / L=86.57' ~ R=55.00' ~ h . DRIVEWAY EASEMENT (BK.7505 O.R. 600) "~ 'Y)~ m .,,~~ --: ~ Y)/~OJ' L() /y 35.19' N89'46l)f"W N89'46 01 W 74.81' BOLLINGER ROAD W ....J <( > >- Z z :::> Cf) I <( o o ..... <( a:: <( Cf) PLAT TO ACCOMPANY DESCRIPTION PUBLIC UTILITY EASEMENT (P .U.E.) AND SIDEWALK EASEMENT (S.W.E.). CUPERTINO CALIFORNIA ~ MARK J~ & CO. INC. CONSUl. PNG CIVIL tNGIHEEIIS . MUNICIPAL PLAIltIERS IJF'ncu IH' SAN J~:C~TI~ -~Ri\MENTD AND SALINAS DESIGNED lI'l' TVP APP1lOVED. !IN . ~ /} / ..oJ 111 SHEET C1C1l. IY THM ! /"'. ,/ --, 95027 1 / IY' ~/, ~J - DATE 5/8/95 -? - / ~~ F'lLE 111 [J'1 SCAI.t 1'=40' IlCt tn ~~ X" :? y:~<;~. 95027NEW / / / urX~;lp)!T Bn [..,ji>=~", it p , , 8 PI\ GE 2 2 0 1 "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 November 29, 1995, from BOLLINGER II ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on January 2, 1996, and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 9, 1996 By: ~,~ Deputy City Clerk City of Cupertino RESOLUTION.NO.9528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRAN'f. OF EASEMENT FOR SIDEWALK PURPOSES FROM BOLLINGER II ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, LOCATED AT THE NORTHWEST CORNER OF SARATOGA- SUNNYVALE ROAD AND BOLLINGER ROAD WHEREAS, Bollinger II Associates, a California Limited Partnership, Grantor, has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for sidewalk 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, located at the northwest comer of Saratoga-Sunnyvale Road and Bollinger Road 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 2nd day of January, 1996, by the following vote: ~. Members of the City Council AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Don Burnett Mayor, City of Cupertino ATTEST: /s/ Kimberly Smith City Clerk .' GRANT OF SIDEWALK EASEMENT When Recorded Mail to: City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attention: City Engineer Record without fee under Section 6103 - Government Code, State of California SPACI= ABOVE THIS LINE FOR RECORDER'S USE Bollinger" Associates, A California Limited Partnership, hereinafter called Grantor, hereby grant to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and use for sidewalk purposes as Grantee shall from time to time elect within the hereinafter described property of those certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Attached Exhibit II A") 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, maintainin~J or replacing said sidewalks or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said sidewalk; there is also granted the right of the use of sufficient land contiguous to said strip on E,ither or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said sidewalk, and any repair thEtreof. 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 WITNESS WHEREOF, said parties have executed this Grant of-Easement this 29th day of November , 19 95 (Notary acknowledgment to be attached) Uega1l8OO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No, 5907 State of California County of Santa Clara On November 29, 1995 DATE before me, Susan A. Gatto. Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Charles K. Stegner NAME(S) OF SIGNER(S) fa personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f~~Q~:gQQQQQQ~S~~~A~.' .... 'i Comm.No.1010728 > o -,,; NOTARY PUBLIC. CAl.IFO~IA ~ ~ . SANTA CLARA COUNTY -A ~m=:~I~=mber2.19971 WITNE S my hand and official seal. 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [Xl PARTNER(S) TITlE(S) ~ LIMITED D GENERAL Grant of Sidewalk Easement TITLE OR TYPE OF DOCUMENT D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: 3 NUMBER OF PAGES November 29, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(lES) Bollinger II Associates SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 95027 #782 6/6/95 RBP DESCRIPTION PUBLIC UTILITY EASEMENT (PUE), SIDEWALK EASEMENT (SWE) All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being an easement for the installation and maintenance of public utilities and sidewalk facilities described as follows: BEGINNING at the Northeasterly corner of that certain parcel of land shown on that certain Record of Survey for Harbor Service Stations Inc. recorded in Book 213 of Maps at Page 39, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the general Easterly and Southeasterly line of said Parcel South 0 deg. 03 min. 00 sec. West 117.46 feet and along a tangent curve to the right with a radius of 60.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 94.44 feet; thence leaving said general Southeasterly line from a tangent bearing of South 89 deg. 46 min. 01 sec. East along a curve to the left with a radius of 55.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 86.57 feet to a point on a line parallel with and distant 5.00 feet Westerly measured at right angles from said Easterly line of said Parcel; thence along said parallel line North 0 deg. 03 min. 00 sec. East 122.45 feet to a point on the general Northerly line of said Parcel; thence leaving said parallel line along said Northerly line 89 deg. 54 min. 30 sec. East 5.00 feet to the POINT OF BEGINNING. "UR\6\1 ~n CITY OF CUPERTINO SANTA CLARA COUNTY, CALIFORNIA 5.00' P.O.B. P.U.E. & S.W.E. 10'P.G.&E.ESMT (BK.4351 O.R.435) - - N89'54""3O"E - 134.43"- - - ---4-1 -II S' S.W.E. & ~II <0 P.U.E. Nil ~ 0 ~II :: <( EX. PUBLIC UTIL. ESMT. II 0 (BK.J818 O.R. 180S) 11 ~ a::: ~II a 811 p APN: 359- 23-017 811 ~ RECORD OF SURVEY ~18 BK. 213 PG. 39 ~II z AREA 0.53 ACRES II II 6.=90'10'S9" ~ R=60.00: L=94.44 I 6=90'10'59" / L=86.S7' ~ R=SS.OO' b ~ . DRIVEWAY EASEMENT (BK.7S0S O.R. 600) ..~ . ~'} a, .,,~~ ~ ~~/~Oj' 10 /y 3S.19' N 89' 461>1"w N89'4601 W 74.81' BOLLINGER ROAD W --.J <( > >- z z ::::> if) I <( ~ o I- <( a::: <( Cf) PLAT TO ACCOMPANY DESCRIPTION PUBLIC UTILITY EASEMENT (p .U.E.) AND SIDEWALK EASEMENT (S.W.E.). CUPERTINO CALIFORNIA ~ MARK ,.J}f[]~ & CD. INC. Cl'Ilsu.!l"G ClVn. DGIHtEIIS .. IUt1C1PAL PLANtERS llfT1CU I~ S~ JDSY,~~ '~..RN4DlTD ANIl SALINAS DaIGNCl.... T"'P N'PlICVtII. IlN . "A '/ ..em IC1 SHD:T OUI. IT THH IY[. /",'" ,iI' __ 95027 1 / DArt S/8/~S scu r 1 '=40' . ~~ r.:' rn.E IC1 /IF 1 ,. ....:::;~ ... ". .r.; .::;;'/ ,/ ~ 95027NEW , , ur',~~n~Il"" ftn