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E-034 ROADWAY PURPOSES, REGNART RD (HARD COPY PLAN SETS INCLUDED IN FILE) ° Citq of Crtirao- E 631 - 1 - ,C.REQ11E _:-F Torre Aven}ie Cupertino, GRANT OF EASEMENT FOR California 95014 - FOR ROADWAY PURPOSES E 631 '�_. 1�7 JUL f ° 21 P-i '711!j SAN A- ASC, �OU dTY David E. DuFault and Val R. DuFault <.:E i;:' ��E:'.4 YA, ;. .r, grant (s ) 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 improvements which shall be or become necessary for preservation of the public safety, welfare or convenience , the hereinafter described property which is situate in the City of Cupertino, County of Santa Clara, State of California, and as described as follows : (Description attached) IN WI,�TANESS WHEREOF, executed this day of /v/4 G/ 31 19 77 w'r�n (Notary acknowledgment _ `a� °«,G ' to be attached) "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 May 1 19 79 , from DAVID E. DU FAULT AND VAL R. DU FAULT to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on June 18 , 19 79 , and the grantee consents to recordation thereof by its duly authorized officer. Dated: June 19, 1979 Degx-+--y City/Clexk� City of Cupex dgov- E 631 RESOLUTION. NO. 5037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM DAVID E. DU FAULT AND VAL R. DU FAULT CONSISTING OF AP- PROXIMATELY 0.026 ACRES, LOCATED ALONG REGNART ROAD WHEREAS, there has been executed a Grant of Easement for Roadway Purposes which is in good and suf- ficient form granting to the City of Cupertino, County of Santa Clara, State of Calfornia, easement over certain real property for Roadway purposes, . situate in the City -of Cuper- tino, 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 be and he is hereby authorized to record said dedication and this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June 1978, by the following vote: Vote Members of the City Council AYES: Jackson, O'Keefe, Rogers, Sparks, '-Meyers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Robert W. Me errs;,.-` Mayor, City of.,Cup'er-t�}Yo'r TH19 I® TdQENTi t� �tili� ATTEST: INOTRUMEf�f.� I t�`�+ �ANi iJa,tl:�CTGC{PY ®� �'� ®fIAINAbN FIDE .IN Tl 1It t].��FI�i� ATT9 T /s/ Dorothy Cornelius IYlrls[1 PITYPITYk�� ':. ' CIDP ' 'raQ' City Clerk �`� ��G e ,•� 7195 V -Feb'ruary 16 , 1979 a PARCEL NO. 11 - LANDS OF DUFAULT DESCRIPTION OF LAND TO BE ACQUIRED FOR REGNART ROAD R/W All that certain parcel of Land situate in the City of _Cupertino , County of Santa Clara, State of California, described as follows : Commencing at the Southeast corner of that certain 7.470 acre parcel of land as shown on that Record of Survey filed in Book 131 of Maps at page 36 , Santa Clara County Records ; Thence along the southwesterly line of said 7 . 470 acre parcel North 77°48 ' West 40 . 51 feet to the TRUE POINT' OF BEGINNING of this description; Thence from said TRUE POINT OF BEGINNING continuing along said Southwesterly line North 78°09 ' West 6 . 81 feet ; thence North 77°48130" West 21 . 28 .feet ; Thence on a curve to the right with a radius of 159 feet from a tangent that bears North 16°14 ' 58" East through a central angle of 7°31106" an arc distance of 20 . 86 feet ; ° Thence North 23 46 04" .East 13 . 65 feet ; Thence on a tangent curve to the left with a radius of_ 1786 ' feet through a central angle of 0°11140" an arc distance of 6 . 06 feet ; Thence South 77°48130" East 28. 55 feet ; Thence on a curve to the right with a radius of 1814 feet from a tangent that bears South 23° 23 ' 44" West through a central angle of 0 ° 22 ' 20" an arc distance of 11 . 79 feet ; Thence South 23°46104" West -13 . 65 feet ; Thence on a tangent curve to the left with a radius of .131 feet through a central angle of 6°37 ' 52" an arc distance of 15. 16 feet to the TRUE POINT OF BEGINNING. Containing 1136 . 88 square feet of .Area. SII _ GRANT OF EASEMENT FOR ROADWAY PURPOSES David E. DuFault and Val R. DuFault grants ) 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 improvements which shall be or become necessary for preservation of the public safety , welfare or convenience , the hereinafter described property which is situate in the City of Cupertino., County of Santa Clara, State of s California, and as described as follows : (Description attached) IN WITNESS WHEREOF , executed this day of M&a 19 (Notary acknowledgment to be attached) = A M E First American Title Guaranty Company .1• MAIN OFFICE O SUNNYVALE 0 LOS ALTOS MX CAMPBELL❑ 675 North First St. 666 Old Sen Francisco R0. 175 S San Antonio Rd 2020 South Bascom Ave. San Jose.Calif Sunnyvale,Calif. Los Altos.Calif Campbell,Calif Phone 286-6353 Phone 245.9661 Phone 941-3320 Phone 377.2992 �.w ? Si PALO.ALTO O CUPERTINO O SARATOGA❑ BLOSSOM HILL❑ 550 Hamilton Ave 10370 So.De Anza Blvd 14440 Big Basin Way 495 Blossom Hill Rd. Palo Alto.Calif. Cupertino.Calif. Saratoga.Calif San Jox,Call. Phone 326-5050 Phone 252.7000 Phone 867-0567 Phone 227-5111 Subject to a minimum charge PRELIMINARY REPORT - required by Section 12404 of the issued for Sole Use of @ Insurance Code. Buyer - ` Your No. Our Order No. LA 14-0130 Form of PolicyCoverage e Re nested: 9 q CLTA STANDARD COVERAGE POLICY — ALTA LOAN POLICY FORM 1970 In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above,-describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an .Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance. of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Dated as of May 10, 1978 at 7:30 a.m. PAM JOHNSON ESCROW OFFICER DAVID HAUSER TITLE OFFICER Title to said estate or interest at the date hereof is vested in: DAVID E. DU FAULT and VAL R. DU FAULT, his wife, as joint tenants The estate or interest in the land hereinafter described_or referred to covered by this Report is: A FEE AS TO PARCEL ONE, AN EASEMENT AS TO PARCEL TWO At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1, General and Special County taxes for the fiscal year 1978-79, a lien not yet due or payable. FORM 4117 LA 14-0130 Page -2- 2. A Right of Way over the existing roadways as set forth in the Deed from Robert Regnart to William Regnart, recorded May 31, 1882, in Book 62, ,page 402 of Deeds. 3. The terms and conditions of that certain Agreement dated June 30, 1914 relative to the establishment of a right of way 20 feet wide, executed by Margaret Regnart, a widow, et al, recorded April 29, 1915 in Book 32, page 68 of Miscellaneous Records, reference being hereby made to the record thereof for further particulars. 4. An easement for the installation and maintenance of a single line of poles and for incidental purposes, as conveyed to the Pacific Gas and Electric Company, a California corporation,. by Deed.recorded 'September 25, 1941 in Book 1056, page 555 of Official Records. Said Deed provided that said poles shall be located as follows: BEGINNING at a point in the Northerly boundary line of that certain parcel conveyed .to C. R. Danielson by Deed recorded in Book 523, page 96 of Deeds from which an iron pipe marking. the Northwest corner of said premises bears North 61° 38West 875.1 feet distant and running thence, South 61° 29' West 192.1 feet; thence South 26° 38-1/2' West 250.3 feet; thence South 19° 10' West 504.1 feet; thence South 37° 51' West 4.92 feet more or less to the Westerly boundary of said premises. 5. An Easement for the installation and maintenance of aerial wires, cables, and incidental purposes, as conveyed to the Pacific Telephone and Telegraph Company, a corporation,. by Deed recorded November 30, 1948 in Book 1711, page 237 of Official Records. Said Deed recites in part. as follows: The route of said poles across said premises will be as follows: BEGINNING at a point in the Northerly boundary line of said premises from which an iron pipe marking the Northwest corner of said premises bears North 61° 38' West 875.1 feet distant and running thence South 61° 29' West 192.1 feet; thence South 26° 38-1/2' West 250.3 feet; thence South 19° 10' West 504.1 feet; thence South 37° 51' West 492 feet, more or less, to the Westerly boundary line of said premises. It is understood that Grantee shall, use jointly with Pacific Gas and Electric Company the latter's existing poles or pole locations upon said property wherever possible, and shall not erect an additional and separate line of poles. 6. A Right of Way 20 feet in width, as reserved in the Deed from Cornelius J. List, _ et ux, to Roy Weirhauser, et ux, recorded January 12, 1954 in Book 2792 of Official Records, page 551, and as reserved in subsequent deeds of record, over that portion of the premises lying within the following described right of way: Right of Way 20 feet wide the centerline of which is described as follows: BEGINNING at a 3/4 inch pipe at the most Easterly corner of the above described 9. 97 acre tract of land from which a poorer pole bears North 67° East 37.87 feet and a Laurel Tree 6 inches in diameter bears South 25° East 10.10 feet and running thence South 59° 16' West 128.50- feet to a harrow tooth; continued. . . . L, 14-UJ30 Page -3- i# 6. continued. . . . . thence South 490 33' West 63.35 feet to a harrow tooth; thence South 360 16' West 50.85 feet to a harrow t thence West 82.37 feet to a harrow tooth; ooth; thence South 230 05' West 147.75 feet to a 3/4 inch pipe in the one quarter Section line running East and West through the center of said Section 27 and said last named 3/4 inch pipe begin designated as "Sta. 39", of the right way as mentioned in the Agreement executed by Louise M. Atkinson, a widow and Gerald S. Atkinson, et al,. dated- June 30, 1914 and recorded April- 29, Book 32 of Miscellaneous Records, page 68 and running 1915 in thence. along the center line of said 20 foot right of way South 22° 40' 87.53 feet to a 3/4 inch pipe in the Southwesterly line of th West above de 9. 97 acre tract of-land,-and from which a Live Oak Tree 18 in scribed ches in -di bears South 18° 40" East 23.02 feet and a Black Oak- Tree 18 inin diameter bears South 60° 10' Eaches st 5.38 feet; ameter thence continuing along the centerline of said 20 foot right of way as mentioned in said .Agreement above referred to, South to a harrow tooth; 120 21' West 63.27 feet .thence South 11° 09' East 38.34 feet to a harrow tooth; thence South 39° 59' East 57.10 feet to a harrow tooth; thence South 5° 30' East 49.11. feet to a harrow tooth from which a Black Walnut 14 inches in diameter bears South 720 45' East 14.57 feet and a leanin . Willow Tree 24 inches in diameter bears North 42° 00' East 39.10. feet; g thence continuing Southerly, Westerly, and Northerly along the centerline of said 20 foot right of way .as mentioned in said Agreement above referred to the Northerly terminus of said 20 foot right of way in the 1/16 Section Line running North and South through the center of the Northeast quarter of said Section 27, T. 7 S. R. 2 W. 7. An Easement for ingress and egress and for the construction, reconstruction, and maintenance of a roadway. over that portion of said Parcel 1 lying within the bounds of Parcel 2, herein described, as reserved in the Deed from Ted R. Brush, et ux, to William A. Lynn, et ux 6396, page 137 of Oficial Records, and as reserved rindsubsequ ntFebruary2instruments, 1964 inBooofkrecord.. 8. Provisions contained in the By Laws for the Regulation of Reglin Mutual Water Company, dated July 20, 1964 and recorded July 20, 1964 in Book 6589 of Official Records, page 416, which provide among other things that said water company shall supply water to the members thereof, the memberships of which are appurtenant to the real property described therein and are subject to assessments, as referred to record. 9• Any. .and all. unrecorded leases which may be disclosed by an inspection of the premises. NOTES: (A) According to the public records, there have been no deeds conveying the described in this report recorded within a period of six months pri'or tothedate of this report except as follows: None (B). General and Special County Taxes for pro-ration for the fiscalea First Installment $350.04, paid. Second Installment $350.04 a r 1977-78, A.P. 366-2-28, Code Area 63-012. paid. LA 14-0130 • ' _ Legal Desc. EXHIBIT "Al' All that certain real property„situate in the County of Santa Clara, State of California, described as follows: PARCEL 1: BEGINNING- at the Northwesterly corner of that certain 7.470 acre tract of land, more or less, as shown upon that certain Record of Survey recorded. in April 19, 1961 in Book 131 of Maps, .at page 36, Records of Santa Clara County, California; thence along. the Northerly line of said 7.470 acre -Tract South 60' 57° 00” East 370.67 feet- to the most Northeasterly corner of said Tract said corner being common with the Northwesterly corner of that certain 2.500 acre Tract of land, more or less, .as. shown upon the Record of Survey hereinabove referred to; thence along the Northeasterly lines of said 7.470 acre Tract last said lines being common with the Westerly and Southerly lines of said 2.500 acre Tract of land, the following courses ,and distances: South 15° 00' 39" West 315.03 feet; South 74° _59' 21" East 89.56 feet; thence leaving the Northeasterly lines of said 7.470 acre Tract South 12° 13' 00" West 345.25 feet; thence along a line. parallel to and lying Northerly 40.00 feet measured Perpendicularly from the Southerly line of said 7.470 acre Tract South 77° 47' 00" East 252. 95 feet to the Easterly line of last said Tract; thence along the Easterly line of said 7.470 acre Tract South 26° 53' 00" West 41.35 feet; thence along the Southerly line` of last said . Tract North 770 47' 00" West 506.03 feet; lthence along the Westerly line of said 7.470 acre Tract North 000 06' 00" East 830. 65 feet to the point of beginni less. ng and containing 5.462 acres of land, more or PARCEL 2: A Right of Way 20 feet wide, the center line of which is described as follows: BEGINNING at a 3/4 inch pipe at the most Easterly corner of the above described 9.97 acre tract of land from which a power pole bears North 67° East 37.87 feet and a Laurel Tree 6 inches in diameter bears South 25° East 10,10 feet, and running thence South 59° 16' West 128.50 feet to a harrow tooth; thence South 49° 33' West 63.35 feet to a harrow tooth; . thence South 36° 16' .West 50.85 feet to a harrow tooth; thence South 22° 47' West 60.50 feet to a harrow tooth; thence South 12° 55' West 82.37 feet to a harrow tooth; thence South 23° 05' West 147.75 feet to a 3/4 inch pipe in the 1/4 Section line running East and West through the center of said Section 27, and said last named 3/4 inch pipe being designated as "Sta. . 39" of the right of way as mentioned in the agreement executed by Louise M. Atkinson, a widow, and Gerald S. Atkinson, et al, dated June 30, 1914, recorded April 29, 1915 in Book 32 of Miscellaneous Records, page 68; and running thence along the center line of said 20 foot right of way, South 22° 40' West 87.53 feet to a 3/4 inch pipe in the Southwesterly line of the above described 9. 97 acre tract of land, and from which a live oak tree 18 inches in diameter bears South 18° 40' East 23.02 feet and a black oak tree 18 inches in diameter bears South 60° 10' East 5.38 feet; thence continuing along the center line of said 20 foot right of way as mentioned - ------------- -- continued. . . LA 14-0130 Legal Desc. • _ Page -2- EXHIBIT "A" in said Agreement above referred toj South 12° 21' West 63.27 feet to a harrow tooth; thence South 11° 09' East 38.34 feet to a harrow tooth; thence South 39o 59 East 57.10 feet to a harrow tooth; thence South 5° 30' East .49.11 feet. to a harrow tooth from which a black walnut 14 inches in diameter bears South 72" 45' East 14.57 feet and a leaning Willow .tree 24 inches in diameter bears North 42° 00' East 39.10 feet; thence continuing Southerly, Westerly and Northerly along the center line of said 20 foot right .of way as mentioned in said Agreement above referred :to, to the Northerly terminus of said 20 foot right of way in. the 1/16 Section of line running North and South through the center of the .Northeast 1/4 of said Section 27, Township 7 South, Range 2 West. 327 OFFICIi OF"-COUNTY ASSESSOR, BANTA CLARA COUNTY, CALIFORNIA i - �OOK CAGE ® ' 366 2 6 638 T.l S.,R.2W. 4B8 r � R.O.S. 736/53 (1336.30 Y �c GO 1317.36t , 150.9.1) p _ T 4 Ac — / 1.793 Ac. 7 Z°»- _ I ti / I \ O � I r \ 13.69 Ar-.! // / �°°o�o-� - �3 PI •a X00 1:17 AC. + `� � � � • �4 / �• q ase _�_aei_c-7___ " , ,' ' res 3Aic .A� / / I\ � of rw:° rr �� I� �'� 1•h%�1 ' Y 34 ,�• r R m = 155 w 22. 135 t.13Act GR.% ' PCL I lo• ~ ^�pM.348-M-18 B � � / 1.39 Ac. m �� :Y \ b►fin `"7�3._ �ta r 1,M,'�3 � /1.2 67Ac. \•` �; .. 71 11•®3�ti9� / �\,o� ,r ro4\ 262.19 '(�SCr �� 2J � 1.389Ac. 2_72.008 A c.I P 345 23p o3 _ el hoz • 28 7185 x February 16 , 1979 PARCEL NO 11 - LANDS OF DUFAULT DESCRIPTION OF LAND TO BE ACQUIRED FOR REGNART ROAD R/W All that certain parcel of land situate in the City of Cupertino , County of Santa Clara, State of California , described as follows : Commencing at the Southeast corner of that certain 7 . 470 acre parcel of land as shown on that Record of Survey filed in Book 131 of Maps at page 36 , Santa Clara .County Records ; Thence along the southwesterly line of said 7 . 470 acre parcel North 77° 48 ' West 40 . 51 feet to the TRUE POINT OF BEGINNING of this description ; Thence from said TRUE POINT OF BEGINNING continuing along said Southwesterly line North 78° 09 ' West 6 . 81 feet ; thence North 77°48 ' 30" West 21 . 28 feet ; Thence on a curve to the right with a radius of 159 feet from a tangent that bears North 16°14 ' 58" East through a central angle of 7° 31106" an arc distance of 20 . 86 feet ; Thence North 23 ° 46104" East 13 . 65 feet ; Thence on a tangent curve to the left with a radius of. 1786 feet through a central angle of . 0°11140" an arc distance of 6 . 06 feet ; Thence South 77°48130" East 28 . 55 feet ; Thence on a curve to the right with a radius of 1814 feet from a tangent that bears South 23° 23144" West through a central angle of 0 ° 22 ' 20" an arc distance of 11 . 79 feet ; Thence South 23°46104" West 13 . 65 feet ; Thence on a tangent curve to the left with a radius of 1.31 feet through a central angle of 6° 37 ' S2" an arc distance of 15 . 16 feet to the TRUL POINT OF BEGINNING . Containing 1136 . 88 square feet of Area. I