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E-649 Grant of Easement for Fire Water Purposes, 10981 Franco CT , APN 326-09-025 First American Title Company � C Escrow No.: Pages 6 RECORDING REQUESTED BY: DOCUMENT: 20791 806 Fees.... 30.00 City of Cupertino Taxes.. Copies. WHEN RECORDED, MAIL TO: AMT PAID 30.00 COMENDRAS RDE # 010 R EGINA AL City Clerk's Office City of Cupertino SANTA CLARA COUNTY RECORDER 7/26/2010 8:00 AM 10300 Torre Avenue Recorded at the request of Cupertino, CA 95014 - 3255 First American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT FOR FIRE WATER PURPOSES 10981 Franco Court APN 326 -09 -025 cbriginal O For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 GRANT OF EASEMENT FOR FIRE WATER PURPOSES APN : 326 -09 -025 10981 Franco Court CITY OF CUPERTINO, a Municipal Corporation, hereinafter called Grantor, hereby grant(s) to Villa Serra Apartments, a California Limited Corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and use for fire water 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 said lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing, maintaining, or replacing said fire water or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said fire water; 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 depositing of earth and placement of necessary building material during the time of constructing said fire water 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 and condition. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this It day of CC.) Li ,2010. t Owners: City of Cupertino A Municipal Corporation 1.,.e.y j (�� y: Pao! 4 H/ 14 N Pw Title: Cd1-._ ^t(a sw' (Notary acknowledgment to be attached) JJ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ��S! �S>, �c�. �y,-•- �.'ti,.�..'t;�S�:�. �.'�- •'S.�S • Ss�s j.�. �.'.�. �.'S�S� ;�.�5��>•�S -» S�S�t t;za.�.�S • q;:� <�.;*aS�>�>�>�t,�S > - t!�S�S✓�: State of California County of ,Sg rota Cickf4 -- On Silly a D- ao)o before me, EGtvn t�1,c�rts �trn,11A /■ol -ctry Polo Itc Date Here Insert Name and Title of the Officer personally appeared Da V (d w . KRa P Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s1 whose name( is /are subscribed to the within instrument and acknowledged to me that he /site they executed the same in his /her/their authorized KIM MARIE SMITH capacity(ies), and that by his /ket ttheir signature on the Commission # 1867298 _� Notary Public - California comm. the person(s), or the entity upon behalf of !ant:Clara CouMl► > which the person(,a') acted, executed the instrument. Co„Nov 1, 2 - - - - - - • - - - -- - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prDve valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form 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: ❑ Individual L] Individual ❑ Corporate Officer — Title(s): L] Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT 11 Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER 11 Attorney in Fact OF SIGNER El Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator L] Guardian or Conservator ❑ Other: L] Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91:313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 EXHIBIT "A" LEGAL DESCRIPTION FIRE -WATER EASEMENT VILLA SERRA APARTMENTS REAL PROPERTY SITUATE IN THE CITY OF CUPE:RTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL B LYING ALONG THE SOUTH RIGHT -OF -WAY OF HOMESTEAD ROAD (90 FEET WIDE) AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA CLARA COUNTY RECORDERS OFFICE; THENCE EASTERLY ALONG SAID SOUTH RIGHT -OF -WAY NORTH 89 ° 47'00" EAST A DISTANCE OF 487.32 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUEING ALONG SAID SOUTH RIGHT -OF -WAY, NORTH 89 ° 47'00" EAST A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID SOUTH RIGHT -OF -WAY, SOUTI -I 00 ° 00'00" WESTA DISTANCE OF 61.88 FEET; THENCE NORTH 90 °00'00" WESTA DISTANCE OF 10.00 FEET; THENCE NORTH 00 ° 00'00" EAST A DISTANCE OF 131.84 FEET TO SAID SOUTH RIGHT -OF -WAY OF HOMESTEAD ROAD AND THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 619 SQUARE FEET MORE OR LESS. OCTOBER 28, 2009 S �� SAND s/4 NO. 4 7756 .. 12/31/09 ►` d> /0/364 SHEET 1 of 2 Adm indata/Legal /207131. FW_ESMT. doc LEGEND: ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. A & — — — — — NEW EASEMENT LINE — — LOT LINE ' — — — — EASEMENT LINE AS NOTED SCALE — — PROPOSED PARK LOT LINE AS NOTED 0 6 12 18 24 30 – STREET CENTERLINE TIE LINE ( IN FEET ) 1 inch = 30 ft. POC POINT OF COMMENCEMENT POB POINT OF BEGINNING 4 ,' • cx 3. Cq ''''')--e- F NO. i ' l- . ¥ t - 12 110, In HOMESTEAD ROAD ;� � qr E OF CA�� F (PUBLIC RCW 90' WIDE) q POB 10.' /010 I 487 32' / �N89 00 47'00 "E \ +N8947'OO"E, > t // j . � _poc FIREWATER EASEMENT F — AREA= 619 ±SF CIC o -f( =i IVA 0 2 Ii ' Pr ;�I FARCE,' S 0 .E o 0 Q STORMDRAIN EASEMENT Z / h BEING CREATED BY � < SEPARATE DOCUMENT L.L. 13 . = 10.00 N90170 "W PARK DECICATION TO THE I CITY OF CUPERTINO BEING CREATED BY SEPARATE I DOCUMENT m O DATE 10/28/09 FIRE -WATER SHEET SAN D I S ur ewe. SCALE 1 " =30' s rLAn reses DRAWN 8Y� SLK EASEMENT APPROVED BY LJC VILLA SERRA 2 `� 605 Castro Street Mountain View, CA 94041 650.969.6900 P. 650.969.6472 wm xn-- -- DRAWING N0. 1 • 1 ` ► ' • • . ► • 207131 CU ER11NO C OF 2 SHEETS S 207131 RESOLUTION NO. 10 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR FIRE WATER PURPOSES, CITY OF CUPERTINO, 10981 FRANCO COURT, APN 326 -09 -025 WHEREAS, the City of Cupertino, has executed a Grant of Easement for Fire Water Purposes, which is in good and sufficient form, granting Villa Serra Apartments, a California Limited Corporation, the right to excavate, install, replace, maintain and use for fire water purposes within the hereinabove described strip situate at 10981 Franco Court, APN 326 -09 -025, more particularly described in Exhibit "A & 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 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 March, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: # 41 ity Clerk / ■<yor, City of Cup- ino