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E-607 Grant of Easement for public utilities GRANT OF EASEMENT FOR PUBLIC UTILITIES APN: 357-04-002 22331 Santa Paula Avenue John D. Wahler and Susan C. Wahler, husband and wife as Joint tenants, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and use PUBLIC UTILITY EASEMENT 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 his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing or maintaining said PUBLIC UTILITY EASEMENT for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENT; 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 deposit of earth and necessary building material during the time of constructing said EASEMENT 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 or condition insofar as it is practicable and reasonable to do so. The granting of this PUBLIC UTILITY EASEMENT hereby nullifies and voids any public utility easement recorded May 23, 2007 as Series No. 19441293 of Official Records. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this ~, day of ~„~r-m~~-(Z , 20 a ). (Notary acknowledgment to be attached) EXHIBI T A PUBLIC UTILITY EASL'1VIENT LANDS ®~' WAHLEI-~ I 15' R/W 5571 15' - N 8 _ _ - N8 SCALE: 1" = 50' ~ ~ N89°53'00"W 115.12' ~~ it N 0 PARCEL B N ~~ 10,141.27SQ.FT. boo °~ N89°53'00"W i~ ° 40.12 ~~ O O ~ - N89°53'00"W ~ 75.00' 9' DEDICATION P.U.E. ~ N N W ~ ~~ 0 oQ ~ / OR 163 _ -~ 20 ~ ~ 20 9_53'00" 100.12'-,I ~ 9°53'00)_'W 100.12' -. I 85.00' ~ ~ ~ ~ ~ I ~ N O ~ O N W Qi w ~ o ~ o - _ o ~ ~ o ~ ~ ~ ~ o o `~ o <C ~ o ~ ' ~ o o ~ z _ z ~ o w 0 0 ~~ o ~ 9' ~~I N89°53'00"W ~ SANTA PAULA AVENUE NOTE: THE BOUNDARY INFORMATION FOR THIS PLAT WAS OBTAINED FROM THE RECORD OF SURVEY RECORDED IN BOOK 222 OF MAPS AT PAGE 48, SANTA CLARA COUNTY RECORDS o ~ I 0 0 z 85.00' - ~ o N O -- N (~ !` ~ s 111. ~ , ~x C~i'~ f~ y ~} `~ CtV1t ~~' ~ f Cl11.~ 0 EXHIBIT B Dedication for PUE All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest corner of Parcel `A' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records; thence proceeding along the West boundary of said Parcel `A" and the projection thereof NO°07'00"E 109.12 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue S89°53'00"E 10.00 feet; thence parallel to said West boundary of Parcel `A' SO°07'00"W 109.12 feet to the North boundary of the aforementioned Santa Paula Avenue; thence along said North boundary N89°53'00"W 10.00 feet to the point of BEGINNING. Containing 1,091 square feet more or less and consisting of portions of Parcels `A' and `B' as shown on the above mentioned Map. ~~~~ Na. ~~ ~ CIY1~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..~f`,~:c^.~^;c'!~,r:!;arc=C,~:.,t`°!„~,;;...,c`r,~!`"^,M'";~,="S`~`<:rt`:,c;~:i-`rr:P`,N`_-,~- "~`,~-^,M - `__ - - - - - State of California County of S~TI'} GvF~2,.f~ On I I z~ c~ 7 before me, ~~ rYKS H i~ K 1~~~'Z- I ,w C~2-'~ ~' ~' ~3i-f c~ ate Name and Title of Officer (e. g., "Jane Doe, Notary Public") ' personally appeared ~~ +i ~ -~ w ~ N CE 12. A-r`I r_> S~-ts r't-r~ r_: - ~.., t~-I l-E,=~, Name(sj of Signer(s) ~~ personally known to me ^ (or proved to me on the basis of satisfactory evidence) to be the persorx~ whose name~is/are subscribed to the within instrument and acknowledged to me that KSw~K.t'AIE~ he/sl~/they executed the same in f~tsf#~er/their authorized Commisslon # 1575295 nia Ut capacit ice, and that by his/~ier/their signature(.) on the a - notary Public - Ca ~~ ;,anta Clara County ~ instrument the person), or the entity upon behalf of PAyCarnm.ExplrestNay2,2009 I which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~~~ Signature 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: Lt~G,~-.:~" _ ~~ ~-~st'.rv~p~..t~ ,{,.~_1 r~._~.~~c (It~~ ~t~E'S J I Document Date: Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,--5lgner's Name: C Individual ~ ~ Individual Corporate Officer -Title(s): `Corporate Officer -Title(s): Partner - u Limited ^ General =Partner - 'u Limited '-' General _ . . C' Attorney in Fact • ' _~ Attorney in Fact • Top of thu u Trustee mb here Top of thumb here =Trustee Guardian or Conservator : ` `Guardian or Conservator _ Other: =Other: I Signer Is Repres ting: Signer Is Representing: ©2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Item No. 5907 v609 Reorder Call Toll-Free 1-800-876-6827