Loading...
E-642 Grant of Easement from the City of Cupertino to Pacific Bell Telephone Company, dba AT&T California, APN 326-05-082 DOCUMENT: 20854122 Pages 8 Fees. No Fees RECORDING REQUESTED BY: Taxes.. Copies. AMT PAID City of Cupertino REGINA ALCOMENDRAS RDE # 001 WHEN RECORDED, MAIL TO: SANTA CLARA COUNTY RECORDER 9/02/2010 Recorded at the request of 10:40 AM City Clerk's Office Grantor City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 GRANT OF EASEMENT FROM THE CITY OF CUPERTINO TO PACIFIC BELL TELEPHONE COMPANY, DBA AT &T CALIFORNIA APN 326 -05 -082 sg Original CI For Fast Endorsement 10300 Tone Avenue Cupertino, CA 95014 RESOLUTION NO. 10 -157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FROM THE CITY OF CUPERTINO TO PACIFIC BELL TELEPHONE WHEREAS, the City Council of the City of Cupertino has approved the grant of easement from the City of Cupertino to Pacific Bell Telephone for their facilities on the City's Right of Way at the Mary Avenue Bicycle Footbridge North tower. WHEREAS, The City of Cupertino will execute the grant of easement, which is in god and sufficient form, granting to Pacific Bell Telephone, the easement over real property to be utilized for their facilities, situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached hereto and made a parr hereof, and WHEREAS, the City Manager has been authorized to sign the necessary documents to grant the easement. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant of easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17 day of August, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: r APPROVED: City Clerk / a" r, City of Cupe no THIS SPACE FOR RECORDER'S USE PACIFIC BELL TELEPHONE COMPANY dba AT&T California 3475B NORTH 1ST STREET, ROOM 600 SAN JOSE, CA 95134 Attn: Shirley Victor No Consideration Paid By: Shirley Victor Right of Way Manager APN: 326 -05 -082 GEO: P696 Book: 361/33 -34 LOC: Mary Ave. @Hwy.280, Cupertino GRANT OF EASEMENT The undersigned Grantor(s) CITY OF CUPERTINO hereby grant(s) to PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT &T California, its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee(s) ", a non - exclusive easement to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee(s) may from time to time require, (including ingress thereto and egress therefrom) consisting of conduits, manholes, handholes, service boxes, markers and other necessary fixtures and appurtenances related thereto; in, over, under and upon tl certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: That parcel of land conveyed to Estate Homes, Inc. by Deed recorded June 2, 1975 in Book B439 page 300 of Official Records; and being described in that certain Dedication of Real Property for Roadway Purposes from Estate Homes to the City of Cupertino recorded September 10, 1975 in Book B605 page 135 of Official Records, County of Santa Clara. Easement Description: As described in "Exhibit "A" and Exhibit "B ", attached hereto and made a part hereof. Grantor(s) also grant(s) to Grantee(s) the right to trim such trees and other foliage and to cut such limbs and roots on said property as may be necessary for the protection of said facilities. Grantor(s) also grant(s) to Grantee(s) the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee(s) may for ti re protection of such facilities and will not adversely affect Grantor(s) use of property or facilities. Grantor(s) also grant(s) to Grantee(s) the right to receive municipal service and commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place their respective service facilities upon and within said easement. Grantor(s), his /her /their successors and assigns, shall not erect or construct any building or other structure or drill or operate any well within said easement. Grantee(s) shall be responsible for damage caused intertionally or by any negligent act or omission of Grantee(s), its agents or employees, while exercising the rights granted herein. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Execu this � of `�� t 2010 By: G�.4JIJ w 1 + Print: - PAN/ 1 !] In/ 4N4P Its: STATE OF CALIFORNIA COUNTY OF On , 2010, before me ,a Notary Public of the State of California, personally appeared, , personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. 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 of Notary see c.kic-c.YZ /r O'ta.r y Ce f i g 4 7 i C 0.l e • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ��a�aia��t� Ca ..✓,c�.Yzi�O,r�.'�a•�S!� ;!s�F� �'aCa t v.��S,�R!�a!�<�< �S�S���S.�a.'tatr- T.S✓Tt!sa.� S, r a�< �S�> � ;�e%s��R�- �.'.�,- �.'a�.'�. - 'a State of California County of SO rti±a C1Q f0. On 8/ //b before me, Kt vw) Nl one 5t t`f N/o�� tPvbl Date Here Insert Name and Title of the Officer personally appeared pout d uJ• Kr: a P N e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(S whose nameJ is /are subscribed to the within instrument and acknowledged to me that KIM MARIE SMITH he /she/they executed the same in his /tetheir authorized ' . capacity(ies), and that by his /taeltheir signature() on the >�.� Commission *1867298 Notary Public • California = instrument the person(,a`), or the entity upon behalf of % Santa Clara County 3 which the person(%) acted, executed the instrument. Comm. Nov 1. 2013 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. . Place Notary Seal Above Si 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 LI Individual ❑ Corporate Officer — Title(s): LI Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT CI Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee To of thumb here I; Trustee Top of thumb here ❑ Guardian or Conservator ❑i Guardian or Conservator ❑ Other: II Other: Signer Is Representing: Signer Is Representing: SAO\ < c © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 July 14, 2010 Job No. A03229 -4 Page 1 of 2 EXHIBIT "A" LEGAL DESCEtIPTION PACIFIC BELL TELEPHONE COMPANY EASEMENT DBA — AT &T CALIFORNIA A five (5.00) wide Pacific Telephone &Telegraph Company Easement situate on a portion of that parcel of land conveyed to Estate Homes, Inc., a California corporation, by Deed recorded June 2, 1975 as Book B439, page 300 of Official Records; and being described in that certain Dedication of Real Property for Roadway Purposes from Estate Homes, Inc., a California corporation to the City of Cupertino, recorded September 10, 1975 as Book B605, page 136 of Official Records and lying in the City of Cupertino, County of Santa Clara and State of California described as follows: Commencing at the southwesterly corner of said parcel oeing described in that certain Dedication of Real Property for Roadway Purposes, said point also being the southeasterly corner of Tract No. 5722, Homestead Woods, filed for record on September 16, 1975 in Book 361, Pages 33 and 34 of Maps, Santa Clara County Records, said point also lying on the northerly right -of -way line of the Lands of the State of California; Thence South 13 °52'29" East, 121.13 feet along said northerly right -of -way line of the Lands of the State of California to the True Point of Beginning; Thence leaving said northerly line North 76 °55'23" East, 12.37 feet; Thence South 9 °25'24" West, 5.41 feet; Thence South 76 °55'23" West, 10.23 feet to said northerly right -of -way line of the Lands of the State of California; Thence North 13 °52'39" West, 5.00 feet along said northerly right -of -way line of the Lands of the State of California to the True Point of Beginning. Said parcel contains 56 square feet, more or less. As shown on the Exhibit `B" attached hereto and by this reference made a part hereof Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. AND S Date bo , U o Jim y R. Vigil, L 6256 ' ??' 4% x . 2 56 A , 6 ` I: \PROJECTS\A03229 -4 \DWG \CONSULTANTS\A090121 -CAROL STRONG \012609 AT &T2.doc \ z , , Z ■ / POINT OF ;,,.::"::,:':: ;.- ;:.` . :: ....... COMMENCEMENT :.. ,::.:- ..,::::...::..... �; 2 . 2 . ivCE M 3 Y \ - - - ________ / to J / fn ;zS � 1` c : " ' " : `z CITY OF CUPERTINO 7 - - ;" ../- (B 439 OR 300) (B 605 OR 136) i ,„...., U ..., .., , v5: 4/0.6,bco .w \,,,,,,,,,,,, -:-';.eiR*7 TRUE POINT OF LINE TABLE: BEGINNING ILA LINE BEARING DISTANCE , ' - J i - PACIFIC BELL L1 N 13 °52'39" W 5.00' L TELEPHONE EASEMENT L2 S 76 °55'23" W 10.23' \ L3 S 09 °25'24" W 5.41' -- L4 N 76 °55'23" E 12.37' - -- -- LANDS OF FREMONT UNION HIGH SCHOOL (4960 OR 136) (8320 OR 487) • Z o �_ 3 v % . • DATE TUNE, 2010 PLAT TO ACCOMPANY LEGAL DESCRIPTION PACIFIC BELL TELEPHONE EASEMENT SCALE 1 "= 30' CUPERTINO DBA - AT &T CALIFORNIA CALIFORNIA DR. BY C55 k KIE:R (Si WRIGHT SOB A03229 - 4 EXHIBIT B�� w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 ^� ■ Santa Clara, California 95054 fax (408) 727 5641 2 OF 2 USER:bnguym 1:\ PROJECTS \A03229 -4\ DWG \ SURVEY\ PLAT\C — EASE — NORM— TOMO.dwg JULY 14, 2010 10:26 AM "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 the easement conveyed by the deed or grant dated, August 23` 2010 from THE CITY OF CUPERTINO TO PACIFIC BELL TELEPHONE COMPANY, DBA AT &T CALIFORNIA to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council on August 17 2010 and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 31, 2010 By:1� irsten Squarcia City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014