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E-443 GRANT OF EASEMENT FOR OVERLAND RELEASE PURPOSES, CRISTO REY DR /-" (t~ ~t~jvtf-1GtA-d j,.(.tu & ( ,j.p /35 / ~J-/ I-;L/ RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 DOCUMENT: 14274471 '"'0014274471'"' BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company Tit I es: I / Pages: 7 Fees. . ~ No Fees Taxes. Copies. AMT PAID ROE ij 102 7/09/1998 3:31 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 Resolution No. 98-l58/Acceptance recorded concurrently GRANT OF EASEMENT OVERLAND RELEASE PURPOSES APN 342-52-005 CRISTO REY DRIVE Original o For Fast Endorsement GRANT OF EASEMENT OVERLAND RELEASE PURPOSES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Corporation Sole. hereinafter called Grantor, hereby grant(s) 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 overland drainage release purposes 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, maintaining, or replacing said overland release or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said drainage release; 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 overland release 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 WI1NESS WHEREOF, executed this ~,r day of -}=-, 199 L. Owner: Tbe Rom... Catbo~isbOP of San Jose, A California Corporation Sole . /1J2-,./ )/...;7;4-2"/( Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation '1,~ U~ H. Brett Melendy, Preside (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers . Surveyors . Planners April 20, 1998 BKF Job No. 960069-20 DESCRIPTION FOR OVERLAND RELEASE EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose, as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at page 1393 of Official Records of the County of Santa Clara, State of California and being more particularly described as follows: BEGINNING at the most easterly comer of Parcel B as shown on that certain tract map entitled "Tract No. 9054, Oak Valley - Unit 1," recorded on .j ~~ \ I q q ~ in Book 7 OS of Maps at pages (~-2.:z.... inclusive, Santa Clara County Records; thence along the easterly line of said Parcel B North 33018'21" West a distance of 1143.03 feet to the TRUE POINT OF BEGINNING; thence continuing along said easterly line North 33018'21" West a distance of 147.70 feet; thence leaving said easterly line North 56041 '39" East a distance of 32.32 feet; thence South 22049'39" East a distance of 150.20 feet; thence South 56039'51" West a distance of5.00 feet to the easterly line of said Parcel B to the TRUE POINT OF BEGINNING, containing an area of 2,756 square feet more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. ~ ey A. ,. .S.6141 Expires: 3/31/2002 Exhibit "A" Page 1 of 1 540 Price Avenue. Redwood City, CA 94063 · (6501482-6300. FAX (650)482-6399 --------------------------------------------------------------------------- Lot name: ORE-7 North: 70922.5275 Line Course: N 33-18-21 W North: 71045.9680 Line Course: N 56-41-39 E North: 71063.7152 Line Course: S 22-49-39 E North: 70925.2793 Line Course: S 56-39-51 W North: 70922.5316 East: 19160.8764 Length: 147.70 East: 19079.7732 Length: 32.32 East: 19106.7847 Length: 150.20 East: 19165.0560 Length: 5.00 East: 19160.8787 Perimeter: 335.22 Area: 2,756 sq. ft. 0.06326 acres Mapcheck Closure - (Uses Error Closure: 0.0046 Error North: 0.00404 precision 1: 72,730.13 listed courses, radii, and deltas) Course: N 28-49-23 E East: 0.00222 State of California ) )SS, County of Santa Clara ) On this the 8th day of June 1998 , before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael 1. Mitchell, 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 capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and seal. ,u_..~:;_ -. ~~':.,#1 NotQIY fl\mIlc - Santa Clara C My Comm. Expires S.. H-l Jj~r\\~ G( \e2- Notary Public CALIFORNIA ... ;;-:--! ~ c_;-~ '. . ~;j. ./.." ;!.~~ -I/, ": .f ALL-PURPOSE ACKNOWLEDGEMENT ST A TE OF CALIFORNIA COUNTY OF 5~"./r4 {! ILe 1tC( On 7 J<< ;J e / yC; ~ before me, Edward H. Schulte, Notary Public DATE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, II. $;c.{('rT //4 t! LeA/' d V personally known to me (of proved to me on the basis of satisfaftory evidence) to be the person~ whose name(oe) is/afe subscribed to the within instrument and acknowledged to me that he/wi they executed the same in his/Rer/tAeir authorized capacity(jes), and that by his/t-lef/tAetr signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. c:J2" . .}o jJf$/lt;(SEALl NOTARY PUBLIC SIG ATURE 0'" . .,....... Edward H. Schulte . Comm. '1872581 Cl ~..... : NOTMY PUlSlIC . CALIFORNIAn ~ ' 'SANTACLA"A~UNTY c. , Comm. Exp. Sept. 21.1," .. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT frk!.4vT of 6::t5'(Mf',uF d'vel-lLQd 7?elea.-se ~)c..P45es / DATE OF DOCUMENT 8 J:A..~e 1998 NUMBER OF PAGES SeV-eN SIGNER(S) OTHER THAN NAMED ABOVE ~~.e_