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CC Resolution No. 04-381 RESOLUTION NO. 04-381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM PHILIP C. LIU AND PAI-JUHO, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, 10222 BYRNE A VENUE, APN 357-15-079 WHEREAS, Philip C. Liu and Pai-Ju Ho, Husband and Wife, As Community Proper\! With Right of Survivorship, have executed a Grant of Easement for Roadway Purposes which IS in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State 01' California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10222 Byrne A venue, APN 357-15-079. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2004, by the following vote: Vote Members 2fthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval, Wang None James None ATTEST: . þ;uiL C~ APPROVED: Mayor, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES 10222 BYRNE AVENUE APN 357-15-079 Philip Co Liu and Pai-Ju Ho, Husband and wife, as Community Property with Rie:ht of Survivorship, 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 situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this lOt!! day of~, 2004. Owners: p~ ft -- Pai-Ju Ho r (Notary acknowledgment to be attached) EXHmIT "A" DESCRIPTION FOR AN AREA TO BE DEDICATED FOR PUBLIC RIGHT OF WAY FOR ROADWAY AND UTILITY PURPOSES Being a portion of that certain parcel of land described in a Deed rued for record on December 24, 2003 in Docnment No. 17545267, Santa Oara Connty Records being a portion Section 87 as the same is so designated and delineated upon that certaiu Map eutitled, "Map of Subdivisiou "A" Monte Vista, filed for record iu the Office of the Recorder of Santa Clara County, State of California ou Apri111, 1917 in Book "P" of Maps at page 20, and more particularly described as follows: COMMENCING at a point in the center line of Byrne Avenue, formerly Buena Vista Avenue, as originally existed 40 feet wide, said point being distant along said centerline SOUTH, 147.94' from the intersection of said centerline with the centerline of Lomita Avenue, 40 feet wide; thence along the centerliDe of Byrne Avenue SOUTH, 63.00' to the line dividing Sections 87 and 88 of "Map of Subdivisiou 'A' Monte Vista" , rued for record in the Office of the Recorder of Santa Clara County, State of California on Apri111, 1917 in Book "P" of Maps at page 20; theuce along said dividing line and parallel with the ceuterline of Lomita Avenue as shown on said Map, EAST 20.00' to a point in the easterly right of way line of Byrne Avenue, formerly Buena Vista Avenue, said point being the TRUE POINT OF BEGINNING; thence along said easterly right of way line of Byrne Avenue, NORTH, 63.00'; thence leaving ByrueAveuue, EAST, 10.00'; thence parallel to the right of way line of Byrne Aveuue, SOUTH, 63.00' to a point in said line dividing Sectious 87 and 88 of "Map of Subdivision 'A' Moute Vista; thence along said dividing line, WEST, 10.00' to the POINT OF BEGINNING. Coutaining 0.0145 acres or 630 square feet ofland more or less. This descriptiou was prepared from record ioformatiou ouly and does uot reflect data based ou a field SUn'ey. Attached hereto is a plat labeled Exhibit "B" and by this refereuce made a part thereof. Descriptiou prepared ou Ju;y 01, 2004. END OF DESCRIPTION ---Þt vv ( MUN KYU LEE RCE C-25881 EXPJRES 12-31-85 CENTER LI!'JE LOMITA AVENUE w => ~ ~ :¡¡ '0 ...J !L- a ..J cj ¡2 11; COM~J~~~ENT i ~ - - - ~!t!h--n_--_--_n_--_n_n_n_-- I r 20.00' I 10.00' I 100.15' I r.;¡' I: -L-AREAOFDEDICATION ,: ;;;;¡ I 630.00 sq tf ~ w I:~ ~II ,: z ffi ~ > ~'58 . :I'a: e:::I. ' < ~ g!á ~~I'~ ~I~~ ~ I' ~ "'z sa g:1'" 10222 BYRNE AVENUE :2 ~ - ~ CUÆR77NO, CA r.;¡ :¡;; ~I APNNO.357-15-07'J : : r I I ~, I: i ~ - _TPOB~:!!O~!'lIDINGU_~ESECTIQNS87&!!!!_~'!O.15' -.-.- ..' -.--. . -----,: 20.00' EAST MONTE VISTA SUBDIVISION "A" ,~"""""""-""'" , /;~WarESSIÒì,ì"< I tr<:;¡---- 14( Aq::"4:í\l.llYVL';. <'";. {¡~...':' '<" '<'"' ;.¡, èl ~ IÄv ![ No. C 25S{¡ EXHIBIT "B" PLAT TO ACCOMANY LEGAL DESCRIPTION FOR A 10' WIDE AREA TO BE DEDICATED FOR PUBLIC RIGHT OF WAY FOR ROADWAY AND UTILITY PURPOSES IN THE CITY OF CUPERTINO IN THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA DATE: 07-01-04 SCALE: 1" = 20' CALIFORNIA ALL.PURPOSE ACKNOWLEDGI'.1ENT r=.::.- .. - .. - "" _.. -=-.---- ;,.--~--;.--"'~<::----...;~ .:._-=- "1 personally appeared (/'. ~ ""no", 01 5...,." , = personally known to me - OR -Mroved to me on. the basis of satisfactory evidence to be the person(s; ". whose nameW islaFQ..Subscribed to the within instrument . and acknowledged to me that hefstre/they executed the , JOHN B. SORCI same in h~r/their authorized capacity(ies), and that by.' Commiosion# 1373080 z ~/their signature(s) on the instrument the person(s), " Notary Public - California È or the entity upon behalf of which the person(s) acted, : Santa Clara County executed the instrument. MI' Comm. Expires Oct 1,2006 =- - ;;.-;.=--~=- '" State of CALIFORNIA County of SANTA CLARA On /0 ~ ~ ~ WITNESS my hand and official seal. ~ m--1~' "NAL s~."""OI"o..'YP"O'" Though ¡he InIOrmallon below IS not requrred by lalV. "may prove valuable to persons relying on the document and could prevent Iraudulenr removal and reanachmenr 01 this lorm to another document. Description of Attached Document Title or Type of Document:~ ~ ¿} ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ,2?lndividual - Corporate Officer Title(s): - Partner - - Limited = General - Attorney-In-Fact - Trustee - Guardian or Conservator - Jther: ',~ o. -. ,. Tco c: ,"°".0 'ele = Individual - Corporate Officer Title(s): = Partner - = Limited = General - Attorney-In-Fact - Trustee - Guardian or Conservator - Other: .:~',~:I:~~ I Too otfhumo nere I I I I ! I Signer Is Representing: Signer Is Representing: -' - --- ""95,.",O""No"~^"O"""c""'"'mm"^.. 00 9""""'Oano",o", 0>"'00.-"" p'oo. No 5907 "'010" ea, ToII-FI" '~OO.876.',,-