E-830 Grant of Easement for Public Roadway Purposes, 10495 Byrne Ave, APN 357-12-041RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
DOCUMENT: 23386847
1111 111111 II 111111111111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 8
Fees.... * No Fees
Taxes ...
Copies ..
AMT PAID
RDE I:* 008
8/01/2016
9:37 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT OF EASEMENT FOR PUBLIC ROADWAY PURPOSES
10495 Byrne Avenue, Cupertino, CA 95014
APN 357-12-041
Baorong Liu and Hui Peng, husband and wife, as community property with right of
survivorship, (owners)
)(Original
D For Fast Endorsement
"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, June 27, 2016 from
10495 Byrne Aveneu, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: July 20, 2016
By: afruw-~r=
Lauren Sapudar
Senior Office Assistant
GRANT OF EASEMENT
FOR PUBLIC ROADWAY PURPOSES
APN 357-12-041
10495 Byrne A venue
Baorong Liu and Hui Peng, husband and wife, as communitv property with right of
survivorship, (OWNERS) grant to the CITY OF CUPERTINO (CITY) for public roadway
purposes, including public sidewalk, together with the right to construct, repair, operate, and
maintain any and all improvements which shall be or become necessary for operation of the
sidewalk, the hereinafter described properiy which is situated in the City of Cupertino, County of
Santa Clara, State of California, and is described as follows:
(See Exhibit "A" & "B")
It is further agreed by and between the parties:
1. This Grant of Easement for Public Roadway Purposes is not a dedication in fee and CITY
is not granted fee ownership of said lands described in Exhibits "A" and "B". Owner's properiy
boundary does not change with the grant of said easement.
2. CITY agrees that, in the event of future development of the properiy commonly known as
10495 Byrne A venue, the City Engineer will not seek additional dedication for public roadway
purposes from the property, except if necessary to protect the public health, safety, and welfare .
3. CITY will construct sidewalk, curb and gutter improvements at its sole expense. The
owner has no role in the design of the sidewalk. Maintenance of the sidewalk, curb and gutter
will follow the CITY's policies on maintenance of these facilities.
4. The CITY agrees to vacate this easement in the event that the sidewalk, curb and gutter
improvements associated with this easement are not constructed by September 1, 2017, and,
upon such vacation , the CITY's obligations in Section 2 above shall also expire , and the CITY
may request, seek, and impose any and all dedications pennitted by law.
IN WITNESS WHEREOF, executed this .l:J_day of :fun e '2016.
Owners:
-BaorongLlU
Hui Peng
City of Cupertino:
·~E---
Director of Public Works
(Notm y aclmowledgment to be attached)
EXHIBIT"A"
PUBLIC STREET EASEMENT
June 14, 2016
HMH 4844.00.220
Page 1 of 1
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the grant deed recorded April 22 , 2015, in Document
No. 22923776 of Official Records, Santa Clara County Records, described as follows:
BEGINNING at southwesterly corner of said parcel of land, being on the northerly line of
McClellan Road;
Thence along said northerly line and its easterly prolongation, South 89°14'52" East, 150.00
feet, to the center line of Byrne Avenue;
Thence along said centerline, North 00°53'48" East, 62.48 feet to the northerly line of said
parcel of land;
Thence along said northerly line, North 89°06'12" West, 30.00 feet to the westerly line of Byrne
Avenue;
Thence South 00°53'48" West, 53 .57 feet;
Thence along a tangent curve to the right, having a radius of 5.50 feet, through a central angle
of 89°51'20" for an arc length of 8.63 feet;
Thence North 89°14'52" West, 114.51 feet, to the westerly line of sa id parcel of land ;
Thence along said westerly line, Sout h 00°53'48" West, 3.50 feet, to the POINT OF
BEGINNING.
Conta ining 2,302 square feet or 0.05 acres, more or less.
484400LD01 -STREET ESMT.docx
1570 Oakland Road I San Jose , California 95131 I (408) 487-2200 I (408) 487-2222 Fax I www.HMHca.com
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EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION:
1570 Oakland Road (408) 487-2200 PUBLIC STREET EASEMENT
San Jose, CA 95131 HMHca.com CUPERTINO CALIFORNIA
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness , accuracy, or validity of that document.
State of California }
County of 6~ ~ }
On .j ~ ;i... -::r-I].,() l l,o before me, ~.j~\.LU_~~~~~lL~(~~~~,.~,:-:f_,__n_,a ln,_e~a~....,d~t~~ • ....,_o ~the-o"""'r........,_) -~---·-'
personally appeared --'=-=-=-.!-=:...~1----"'L.-_,lc..:::""'---=----:~::..__::-=-----'->.....>C::..L.....:~-~~,,,__ ___ __.,. __ _
who proved to me on the basis of satisfactory evidence to be the person s whose
name @ is ~subscribed to the within instrument and acknowledged to me that
he/she/tfl.i£ executed the same in his/her/t@ authorized capacity t!@, and that by
his/her/~signatur ~on the instrument the perso ~ or the entity upon behalf of
which the pers ~ acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ~ ; • Notary Publi c -California ~
z Santa Clara County ~ t ; ~ ; . ,Ml SOT~· [x~r!s ;ac 2.5}~1 r(
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITION AL Q PTIQ NAL INF Q RMA Tl Q N This form complies with curren t California statutes regarding no/my wording a nd,
DESCRIPTION OF THE ATTACHED DOC~EJ'JT ' if n eeded, sh o uld be completed and a l/ached lo th e do cument. Acknowledgments 6 _1 _. +.. ~ C(" "• ...• _ .1 ~ ~ fi'om o th er s 1a 1es may be comple1ed for doc um ents being sent to th a t s ta le so long
VO'\I'-\ 0 ~ AJ'\r...l::::t'r. as !he wording does 1101 require th e California 11 01a 1J· to violate California 11 0/CllJ ' Jfl"'"-_..'° law.
l.;;l-£fi • State and Co unty infonnation mu st be th e State and Coun ty where th e d oc um ent (Title or descriptio n of attac d document
I 0 tf q'5 8:> ~ VN.-Jn-L
(Title or description o atta ched do cument continued)
Number of Pages ~ Doc ument Date lD (d-t/l l,o
CAPACITY CLAIMED BY THE SIGNER
~ lndividua ~
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
o Trustee(s)
D Other _________ _
2015 Vers ion www.NotaryClasses.com 800-873-9865
s ign er(s) personally appeared before th e notaiy public for acknowl edgment.
• Date of no taiization mu st be th e date that the signer(s) personally appea red whi ch
mu st a lso be the sa me date th e acknow ledgment is co mpl eted.
• The notaiy public mu st print hi s o r her name as it appears within hi s or her
commi ss ion fo ll owed by a comma ai1d then your titl e (nota1y public).
• Print th e name(s) of docum ent signer(s) who persona ll y appea r at th e time of
notati za ti on.
• Indi cate the coll'ect s in g ul ar or plu ra l fonns by cross in g off in cOITec t fon n s (i.e.
oo/she/#iey;-is /are) or circ lin g th e COll'ec t fonn s. Fa ilure to COITect!y indicate thi s
infonnati on may lead to rejection of document record ing.
• The nota1y sea l impress ion must he c lear and photographically re producible.
Impression must not cover tex t or lin es. If sea l impress ion sm ud ges, re-sea l if a
s uffi cien t area pennits, otherw ise complete a different acknowledgm en t fo nn .
• Sign ature of the notaiy public mu st match th e signature on fil e with th e office of
the coun ty clerk.
•:• Ad diti ona l in fo nnati on is not required but cou ld help to ensure this
acknowledgment is not mi suse d or attached to a different document.
•:• Ind icate titl e or type of attac hed docum ent , num ber o f pages a nd date .
•:• Indi cate the capacity c laimed by th e s igner. If the claimed capaci ty is a
corpo rate officer, indicate th e title (i.e. CEO, CFO, Secretaiy).
• Securely attach thi s doc um ent to th e s igned docum ent wit h a stap le.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness , accuracy, or validity of that document.
State of California }
County of __ 6_~ __ 6-.._c..4.A-__ a. __ }
personally appeared l l M.. 'fll'... ~a..Q....v')
who proved to me on the basis of satisfactory evidence to be the person(¢ whose
name (S) is/?"e subscribed to the within instrument and acknowledged to me that
he/s );te/t !)~y executed the same in his/l').€r/j)ifeir authorized capacity(i ~), and that by
his/~rlt ?B ir signature(~ on the instrument the person(~, or the entity upon behalf of
which the person(;t} acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
JULIA KINST
WITNESS my hand and official seal. ~ Commission# 2002313
~ ; ·a Notary Public -California ~ J -. . . . Santa Clara County :!:
• • • , • 0Mz SoTn} ixVr!s za2 2.5}~1 r (
(Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current Cnlifornia stalllles regnrdingnotmywordingand,
DESCRIPTION ' THE ATTACHED DOCUMENT
r,S.,~fb
f\9\\\ ~~ .... ~-0 4-l \ ~'+'ls ~
(TiUe or description of attached do cument continued)
Number of Pages ~ Do cument Date (, l£11 L \o
CAPACITY CLAIMED BY THE SIGNER
1$-Individual ('/)
0 Corporate Officer
(Title)
0 Partner(s)
O Attorney-in-Fact
o Trustee(s)
0 Other _________ _
2015 Version www.NotaryClasses.com 800-873-9865
if needed, should be completed and n/fached to th e document. Acknowledgments
from oth er states may be completed for documents being sent to that state so long
as th e wording does 1101 require the Ca liforn ia 11ota1y to violate California 11 ota1y
law .
• State and Co unty infonnation mu st be the Stat e and County where th e doc um ent
s ig ner(s) personally appeared before th e notary public for acknowledgment.
Date of notarization must be th e date th at the signer(s) personally appeared which
must also be th e sa me date the acknow ledgment is completed.
• The notaiy public must print hi s or her name as it a ppea rs within his or her
commission followed by a comma and th en you r titl e (notaiy public).
• Print th e name(s) of docum en t sign er(s) who personally appear at the time of
notaii za tion.
• Indicate th e coffect singular or plu ral fonns by cross ing off incmrect fonns (i.e.
he/she/tltey;-is /ftfe ) or circling the coffect fonns. Failure to cmrectly indicate thi s
infonnation may lead to rejection of document recording.
• The notary sea l impression must be clear and photographically reproduc ibl e.
Impression mu st not cover tex t or lin es. If sea l impress ion smudges , re -sea l if a
suffi cien t area pennits, othe1wise complete a differen t acknowledgment fonn .
• Signature of the notaiy publi c mu st match the signature on fil e with th e office of
the county cl erk.
•:• Addi tional infonnation is not req uired but could help to ensure this
acknowledgment is not misu se d or attached to a different document.
·:· Indicate title or type of attached document, number of pa ges a nd date .
•:• Indi cate the capacity c laimed by the s igner. If the claimed capacity is a
co1vorate officer, indi ca te th e title (i.e. CEO, CFO, Secretaiy).
• Sec urely attach thi s document to the s igned doc ument w ith a staple .