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
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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