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E-650 Grant of Easement for Storm Drain Purposes, 10981 Franco CT , APN 326-09-025 First American / Title Company Escrow No.: IV �^-- -? q q - C c RECORDING REQUESTED BY: DOCUMENT: 2 0791 807 Pages: 6 Fees... 30.00 City of Cupertino Taxes .. . Copies. WHEN RECORDED, MAIL TO: AMT PAID 30.00 City Clerk's Office REGINA ALCOMENDRAS RDE # 010 City of Cupertino SANTA CLARA COUNTY RECORDER 7/26/2010 10300 Torre Avenue Recorded at the request of 8 :00 AM Cupertino, CA 95014 - 3255 First American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT FOR STORM DRAIN PURPOSES 10981 Franco Court APN 326 -09 -025 (riginal CI For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 GRANT OF EASEMENT FOR STORM DRAIN 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 storm drain 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 storm drain or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said storm drain; 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 storm drain 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 2 day of S ., (4._ , 20 f(). Owners: City of Cupertino A Municipal Corporation By: )11.4 (4 w teiJA Title: cz (Notary acknowledgment to be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT '' ti � Fes_ _� �''�' �'�'" -' �' N Yi �%?:�:�:�,•;aS�.� <;TC� -a.'t� . �✓ T..'✓z�t!%� <!�:;s�:� <�>';s��,•a .;��.•� -.'�.' State of California County of — S ari . fa C CIY On - 3-01 Y ?C before me, 'KtY11 l''LQcte *OA fll, r IV oto r paltC Date Here Insert Name and Title of the bfficer personally appeared bay t c • KR() r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(si whose name(.) is /ere subscribed to the within instrument and acknowledged to me that 0 ... m „, KIM MARIE SMITH he /she/they executed the same in his/lief/their authorized Commission 1867298 capacity(ies), and that by his /her/their signature() on the � Not Public - California z , 4 . ; �► instrument the person(), or the entity upon behalf of Z Santa Clara County which the person() acted, executed the instrument. Mx Comm. Exeres Nov 1, 20131 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 f ?it�Lc e e 1� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove 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 [11 Individual ❑ Corporate Officer — Title(s): CI Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT D Partner — El Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee D Trustee ❑ Guardian or Conservator CI Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1 -800- 876 -6827 EXHIBIT "A" LEGAL DESCRIPTION STORM DRAIN 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 SOUTHEAST CORNER OF PARCEL B LYING ALONG THE EAST LINE OF PARCEL B 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 NORTHERLY ALONG SAID EAST LINE, NORTH 00 ° 02'05" WEST A DISTANCE OF 920.10 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUEING ALONG SAID EAST LINE, NORTH 00 °02'05" WEST A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 90 °00'00" WEST A DISTANCE OF 129.59 FEET; THENCE THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 ° 00'00" WEST A DISTANCE OF 3.78 FEET; SOUTH 90 °00'00" EAST A DISTANCE OF 16.00 FEET; SOUTH 00 ° 00'00" WEST A DISTANCE OF 6.22 FEET; THENCE SOUTH 90 °00'00" EAST A DISTANCE OF 113.60 FEET TO SAID EAST LINE OF PARCEL B AND THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 1,196 SQUARE FEET MORE OR LESS. OCTOBER 28, 2009 S � Q LAND S0, NO. f / 7756 (t 1 " �TqT 6R ' 6 !3 $516/ �O F C A�� f SHEET 1 of 2 Adm i ndata /Legal /207131.S D_ESMT.d oc \ / LEGEND: ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. A d l - — — — - NEW EASEMENT LINE - - LOT LINE . ' - - EASEMENT LINE AS NOTED SCALE - - PROPOSED PARK LOT LINE AS NOTED 0 6 12 18 24 30 STREET CENTERLINE ( IN FEET ) TIE LINE 1 inch = 30 ft. POC POINT OF COMMENCEMENT POB POINT OF BEGINNING 40 LAN S0R` 4 F ¢ e / i on - - - - - - - - NO.i 1 L$ 7786 ¥ a 4, 21 htog ¥ In HOMESTEAD ROAD t i \ t„ (PUBLIC ROW 90 WIDE) q TF� / I I- f FIRE -WATER EASEMENT BEING CREATED BY Q SEPARATE DOCUMENT 0 g// 2 4 9 MAPS 0 I p 51 PAr�rr l J 1 STORMDRAIN EASEMENT 1 CC AREA= 1,196± SF LL 3.78' N90170'00" 129.59' 500170 00 0 / Z 10.00 . , �/ �. N00172�'05 "W 000E S90170'00 "E 113.60' 3 — POB 59017 " 6.22' SOOV0100 1 PARK DEDICATION TO THE o 0 W CITY OF CUPERTINO BEING of Rj CREATED BY SEPARATE ZI DOCUMENT ............47 s POC 0 DATE ■ 10/28/09 STORM DRAIN SHEET S SAN D I S CIVIL 1.11 SCALE 1" =30' DRAWN BY SLK EASEMENT 2 Castro APPROVED BY . LJC VILLA SERRA w 605 stro Street 1 Mountain View, CA 94041 1 P. % 650. 9.6900 I F. % 650. 9.6471 nr ar.sendb DRAWING NO .mt o MOUNTAIN VIEW ROSEVILLE OAKLAND 207131 CUPERTINO CAUFO 1' OF 2 SHEETS a 207131 RESOLUTION NO. 10 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN PURPOSES, CITY OF CUPERTINO, 10981 FRANCO COURT, APN 326 -09 -025 WHEREAS, the City of Cupertino, has executed a Grant of Easement for Storm Drain 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 storm drain 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: r dmily City Clerk layor, City of Cup rtino