E-360 GRANT OF EASEMENT FOR PUBLIC UTILITIES, NORTH DE ANZA BLVD
Return to:
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
12479239 ,,~-i=.._~O
NO FEE IN ACCORDANCE >0 =~ ~
WITH 60V CODE 6103 C::J ~ ~ ~
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XI:a1AEL DEL K>>WD, SR., AND :mNESl'INE M. DEL 1IJ:fiAa), AS 'IRUSl'EE OF
"lHE DEL K>>WD E\MII.N RE."UOCAmE :LIVI:t<<i 'IRlBr AGREEMml', DATED .J1\NllARY 28,
1981 AND AMEH>ID APRlL 21, 1981, :FEBRUARY 2, 1981, AND MARCH 13, 1989,
hereinafter called Grantor, hereby grant (s) to the CITY OF CUPERl'INO, a
municipal corporation, hereinafter called Grantee, the right to excavate
for, install, maintain and use :roBLTC Ul'ILI'lY :EASEMENl' 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:
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GRANl' OF FASEMENr
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:roBLTC Ul'ILI.TIES
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NO FEE Q]
(Description Attached)
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 :roBLTC Ul'ILI'lY FASEMENr for the purpose of doing any
necessary or lawful act in connection with the construction or maintenance
of said EASEJtFNl'; 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
hrilding materia during the time of constructing said EASEJtFNl' and any
repair thereof.
'!he foregoing is subject to the following express conditions:
'!he 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.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement
this _, S'Jt day of ~JnhPAQ_A 19 '(=3 .
(Notary acknowledgment
to be attached)
H It 2 5 PAGE 2 I II
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
PARCEL "B"
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, being a portion of
Parcel 1 of that certain Parcel map filed for record in Book 344 of
Maps at page 10, Santa Clara County Records, more particularly
described as follows:
Beginning at the Southeast corner of said Parcel Ii
Thence Westerly along the Southerly line of said Parcel 1
South 89- 53' 51" West 2.95 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said Southerly line South 89- 53' 51" West
10.01 feeti
Thence North 02- 24' 26" West 121.51 feet along a line parallel
with and distant Westerly 10.00 feet, measured at right angles from
the westerly line of the afore described Parcel "A" and its
prolongation thereof to a point on the Easterly line of said Parcel
1;
Thence Southerly along said Easterly line South os- 27' 51" East
94.78 feet to the Northerly corner of said Parcel "A"i
Thence Southerly along the Westerly line of said Parcel "A" South
02- 24' 26" East 27.67 feet to the TRUE POINT OF BEGINNING.
Said Parcel "B" contains 746 +/- square feet. O.C\'i A :t/:
Legal Description prepared by Kier & Wright civil Engineers &
Surveyors, Inc.
'7 .-(/)..0'7
v / , .
Date
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PARCEL 1 (344 M 10)
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DETAIL
DATE
2-8-93
SCALE
1";:100'
OR. BY
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Joe 76076-10
76076DED.D'M:
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SHEET NO.
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'KIER & WRIGHT
.
CIVIL ENCIN[[RS & SUHVEYORS, INC.
JlSO Scoll IIouhur4, IIufldln, 12 (4Oe)n7...o6$
Sanlo CI.IO, C4l1lornl. ~ rAX(4Oa)727-~1
(I> 1
RESOLUTION NO. 9077
H 4' 2 5 p~ GE 2 " 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
MICHAEL DEL MONACO, SR. AND ERNESTINE M. DEL MONACO, AS
TRUSTEE OF THE DEL MONACO F AMIL Y REVOCABLE LIVING TRUST
AGREEMENT DATED JANUARY 28,1981, AND AMENDED APRIL 21,1981,
FEBRUARY 2,1981, AND MARCH 13,1989, LOCATED ON THE WEST SIDE OF
NORTH DEANZA BOULEVARD SOUTH OF ROUTE 280
WHEREAS, Michael Del Monaco, Sr. and Ernestine M. Del Monaco, as Trustee
of the Del Monaco Family Revocable Living Trust Agreement dated January 28, 1981,
and amended April 21, 1981, February 2, 1981, and March 13, 1989, Grantors, have
executed a Grant of Easement which is in good and sufficient form, conveying to the City
of Cupertino, Grantee, an easement for Public Utilities purposes, over the property situate
in the City of Cupertino, County of Santa Clara, State of California, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof:
All that certain real property situate in the City of
Cupertino, County of Santa Clara, State of California,
consisting of approximately 0.017 acres, located along
the west side of North DeAnza Boulevard, south of Route 280.
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 of Easement and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of April , 1994, by the following vote:
~ Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT copy
OF THE ORIGINAL ON FILE IN THIS OFFICE.
ATTEST {(fULL..f '-.{ I .19 'it
CITY CLERK OF THE CI~Y OF CUPERTINO
/j, 1/ . /
BY C~- 4_~ ;4l./U..#~ ,LA/
;'1../. CITY CLER
'V 4 2 5 p~ GE 2 , 'r 4'
GRAN!' OF EASEmNr
far
PUBLIc urn.rrn:s
MICiAE[, DEL M::IW:X>, SR., AND mNEsrnm K. Dm.~, AS 'mUSI'EE OF
'lHE Dm. K>>a> FAMILY ~ LIVIH; 'l1<L5T ~, IWI'ID .JANllARy 28~
1981 AND AMENDED APRn. 21, 1981, F'F1RIl\RY 2, 1981, AND MARcH 13, 1989~
hereinafter called Grantor, hereby grant (s) to the CI'lY OF CUPERl'INo, a
IrnJnicipal COl:p:)ration, hereinafter called Grantee, the right to excavate
for, install, maintain am use POBLIc t1.l'1LrIY ~ as Grantee shall
fram time to time elect within the hereinafter descri..be::i property of
certain premises which are situate in the City of CUpertino, County of
Santa Clara, State of California, am descri..be::i as follows:
(Description Attached)
Grantor hereby further grants to Grantee the right an:! privilege to
enter upon his larxls contiguous to am along the line of said hereinabove
described strip for the purpose of locating, constructing, repairing or
maintaining said PUBLIc t1.r.ILr1Y EASEmNr for the purpose of doing any
~ssary or lawful act in connection with the construction or maintenance
of said FASFHafr; there is also granted the right of the use of
sufficient lam contiguous to said strip on either or both sides thereof
for the purposes of excavation of am deposit of earth am I1P.Cessary
l:W.lding materia during the time of constructing said ~ am any
repair thereof.
'Ihe foregoing is subject to the follCMing e>q>ress con:li tions:
'!he Grantee agrees to restore the grourxi surface am any inprovements
thereon to its original grade or corxlition insofar as it is practicable
am reasonable to do sO.
IN WI'INEss WHERFDF, said parties have executed this Grant of Easement
this , .r~ day of ~ l~h'Ul .A 19 l' ~ .
-
(Notary acknowledgment
to b: attached)
ALL-PURPOSE ACKNOWLEDGMENT ~Oo~,
r:'-".s..~~~SS3S..~-Y:~~~:;"~-:>>~>>~S~>~"2.383S'S.~=S":;-:>:;"~~S":>:;"~<";S
, Stille of (PY.J(f:{4I.0-,,- } CAP)CITY CLAIMED BY SIGNER
County of J~\. (~ 0Jl <^ ./ ~NDIVIDUAL(S)
l 0 CORPORATE
On (k,;fok" J..( ,113 before me"l,k OFFICER(S)
DATE' , NAM . TITLE OF OFFICER. E.G. 'JANE
personally appeared tLcJaL 11~ ~cQ A.#.J. [~~~~_1J frJo.UUI.-,
NAME(S) OF SIGNER(S)
~ personally known to me. OR 0 I5ro.c:d to FAe OR t"'e Basis 9' satisfastery 9'/i99r:lQe
to be the person(s) whose name(s) isl~
subscribed to the within instrum t and ac-
knowledged to me that he/she ey' ecuted
the same in his/her ei uthorize
capacity(ies), and tha his/her~ eir
signature(s) on the instrument the person s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
~ci~
OFFICIAL NOTARY SEAL
LIL Y VlJ
Notary PUblIC - Californta
SANTA CLARA COUNTY
~ Comm Expues JAN 13.1995
T1TLE(S)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERV A TOR
o OTHER:
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SIGNER IS REPRESENTING: U'
NAME OF PERSON(S) OR ENTlTY(IES)
ATTENTION NOTARY: Although the information requested below IS OPTIONAL, it could preven~'raudulent allach~nt of this certificate t~,nauthoriZed document.
THIS CERTIFICATE Title or Type at Document G. AJMJ ~ b-<J~
MUST BE ATTACHED .s
TO THE DOCUMENT Number of Pages .3 Date f Document f 01' I q.3
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Ii:) 1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave. ' P.O. Box 7184' eanoga Park, eA 91304-:
n LJ , ~ I' A GE ~., I 6
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
PARCEL "B"
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, being a portion of
Parcell of that certain Parcel map filed for record in Book 344 of
Maps at page 10, Santa Clara County Records, more particularly
described as follows:
Beginning at the Southeast corner of said Parcell:
Thence Westerly along the Southerly line of said Parcel 1
South 89- 531 51" West 2.95 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said Southerly line South 89- 531 51" West
10.01 feet:
Thence North 02. 241 26" West 121.51 feet along a line parallel
with and distant Westerly 10.00 feet, measured at right angles from
the westerly line of the afore described Parcel "A" and its
prolongation thereof to a point on the Easterly line of said Parcel
1;
Thence Southerly along said Easterly line South OS- 271 51" East
94.78 feet to the Northerly corner of said Parcel "A":
Thence Southerly along the Westerly line of said Parcel "A" South
02- 241 26" East 27.67 feet to the TRUE POINT OF BEGINNING.
Said Parcel "B" contains 746 +/- square feet. O.C \.., A"I /:
Legal Description prepared by Kier & Wright civil Engineers &
Surveyors, Inc.
7 "q..~~
v " , .
Date
6425
0208LDl. CS
.. "EXHIBIT A"
JUNIPERO SERRA FREEWA Y ~
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OEARING DISTANCE ~~1i ~
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PARCEL 1 (344 M 10)
"EXHmIT B"
~KIER & WRIGHT
.
CIVIL ENGINEERS 'SU~VfYORS, INC.
uso Scell ""lIu,4, """'a, U (4OI)nl~
$.QAI4 C1e'~.. c,.! !lornl. ~ rAl'!4/kO\~n_~"
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DATE
2-8-9J
SCALE
1-==100'
OR. BY
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JOO 76076-10
76076DEU.OOC
-..----
SHEET NO.
N 4' 2 5 P/\ GE 2118
"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 real property conveyed by the deed or grant
dated October 15, 1993, from
MICHAEL DEL MONACO, SR. AND ERNESTINE M. DEL MONACO, AS
TRUSTEE OF THE DEL MONACO F AMIL Y REVOCABLE LIVING TRUST
AGREEMENT DATED JANUARY 28, 1981, AND AMENDED APRIL 21, 1981,
FEBRUARY 2, 1981, AND MARCH 13, 1989
to City of Cupertino, a governmental agency, is hereby accepted by order of the City
Council on April 18, 1994, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: April 21, 1994
By: Carol Shepherd
Deputy City Clerk
City of Cupertino
RESOLUTION NO. 9077
.ff;? if:
li.,i i; ,:..:.\~ ';":.;1.1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
MICHAEL DEL MONACO, SR. AND ERNESTINE M. DEL MONACO, AS
TRUSTEE OF THE DEL MONACO F AMIL Y REVOCABLE LIVING TRUST
AGREEMENT DATED JANUARY 28, 1981, AND AMENDED APRIL 21, 1981,
FEBRUARY 2,1981, AND MARCH 13,1989, LOCATED ON THE WEST SIDE OF
NO~TH DEANZA BOULEVARD SOUTH OF ROUTE 280
WHEREAS, Michael Del Monaco, Sr. and Ernestine M. Del Monaco, as Trustee
of the Del Monaco Family Revocable Living Trust Agreement dated January 28, 1981,
and amended April 21, 1981, February 2, 1981, and March 13, 1989, Grantors, have
executed a Grant of Easement which is in good and sufficient form, conveying to the City
of Cupertino, Grantee, an easement for Public Utilities purposes, over the property situate
in the City of Cupertino, County of Santa Clara, State of California, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof:
All that certain real property situate in the City of
Cupertino, County of Santa Clara, State of California,
consisting of approximately 0.017 acres, located along
the west side of North DeAnza Boulevard, south of Route 280.
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 of Easement and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of April , 1994, by the following vote:
~ Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
GRANT OF EASEMENl'
far
PUBLIC Ul'ILI'l'IES
MIaJAEL DEL KH\a>, SR., AND mNESr.INE M. DEL KEAcD, AS 'lRJSTEE OF
'!HE DEL ~ F"AMI:Ul RE.VOCABU: LIV:IlG '.1.HI..5'l' AGREEMEN.r, Dl\TID .JANUAI<< 28,
1981 AND AMENDED AmlL 21, 1981, ~ 2, 1981, AND MARaI 13, 1989,
hereinafter called Grantor, hereby grant (s) to the CITY OF CUPERI'INQ, a
nnmicipal corporation, hereinafter called Grantee, the right to excavate
for, install, maintain arxi use POBLIC 0l'ILI'IY EASEMENl' as Grantee shall
fram 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, an::l described as follows:
(Description Attached)
Grantor hereby further grants to Grantee the right an::l privilege to
enter upon his lards contiguous to and along the line of said hereinal::x::>ve
described strip for the purpose of locatirq, constructing, repairing or
maintaining said PUBLIC Ul'1LI'IY EASEMENl' for the purpose of doing any
necessary or lawful act in connection with the construction or maintenance
of said F.ASD!ENri there is also granted the right of the use of
sufficient lard contiguous to said strip on either or both sides thereof
for the purposes of excavation of and deposit of earth an:i necessary
l:ui.ldi.rg materia during the time of constructirq said EASEMENl' and any
repair thereof.
'!he foregoing is subject to the followirq express corrlitions:
'!he Grantee agrees to restore the grourrl surface arxi any iIrprovernents
thereon to its original grade or corrlition insofar as it is practicable
an::l reasonable to do so.
IN WI'INFSS WHEREX:>F, said parties have executed this Grant of Easement
this _,..r~ day of ~JnhR4CA 19 '1'3 .
(Notary acknowledgment
to be attached)
ALL~PUKPUS': ACKNOW&.I:DGMENT NO
i =~~~~~~Y;~>~~~=>'=>'>>~ss-""'Y>.~S'~~ss.-s.-s."'3S.'S.S"9
State 0'. (J p..l 1fJ;&:.0--... } CAP)CITY CLAIMED BY SIGNE
County of J~/l. C (l0J7. '^ ../ ~NDIVIDUAL(S)
l 0 CORPORATE
On tk-1oh,,(' JI 1113 before me, 11. Vie b ' , OFFICER(S)
DATE' I NAM . TITLE OF OFFICER. E.G., "JANE NOTAR PUBLIC"
personally appeared ~c~ 1k J... ~cQ ~~ [(')w.1~~})J fYJu.uU''''",
NAME(S) OF SIGNER(S)
~ personally known to me - OR 0 ~re.cd te ffie efl the Basis at 6atisfastery eviElen"e
- to be the person(s) whose name(s) is/@
subscribed to the within instrum t and ac-
knowledged to me that he/she ey' ecuted
the same in his/her ei uthorize
capacity(ies), and tha his/her/' eir
signature(s) on the instrument the person s),
or the entity upon behalf of which the person( s)
acted. executed the instrument.
Witness my hand and official seal.
~~k
OFFICIAL NOTARY SEAL
L1L Y VlJ
NOtary PUblIC - California
SANTA CLARA COUNT\'
My Comm Expires JAN 13,1995
T1TLE(S)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
ATTENTION NOTARY: Although Ihe Information lequesled below IS OPTIONAL. it could preven1,raudulent altaCh~nt of this certificate t~.nauthoriZed document.
THIS CERTIFICATE Title or Type of Document r; M).Aj ~ ~~
MUST BE ATTACHED ,
TO THE DOCUMENT Number of Pages 3 Date f Document ( 0 jl-s ) q.3
,
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
e 1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.' P.O. Box 7184' eanoga Park. eA 9130.
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
PARCEL "B"
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, being a portion of
Parcell of that certain Parcel map filed for record in Book 344 of
Maps at page 10, Santa Clara County Records, more particularly
described as follows:
Beginning at the Southeast corner of said Parcell;
Thence Westerly along the southerly line of said Parcel 1
South 89. 53' 51" West 2.95 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said southerly line South 89. 53' 51" West
10.01 feet;
Thence North 02. 24' 26" West 121.51 feet along a line parallel
with and distant Westerly 10.00 feet, measured at right angles from
the westerly line of the afore described Parcel "A" and its
prolongation thereof to a point on the Easterly line of said Parcel
1;
Thence Southerly along said Easterly line South OS. 271 51" East
94.78 feet to the Northerly corner of said Parcel "A";
Thence Southerly along the Westerly line of said Parcel "A" South
02. 241 26" East 27.67 feet to the TRUE POINT OF BEGINNING.
Said Parcel "B" contains 746 +/- square feet. O.C \"1 A ') /:
Legal Description prepared by Kier & Wright civil Engineers &
Surveyors, Inc.
'7 ....q..0~
v ~ , .
Date
6425
0208LD1. CS
. UEXHIBIT A"
------ -
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
PARCEL 1 (344 M 10)
JUNIPERO SERRA FREEWAY
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BEARING DISTANCE ~<t1i ~ _
5 89'5J '51- W 10,0" DRI'v'F"
5 89'5J'5'- W 2,95' ~
N 02'24'26- W 27,67'
W TABLE:
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CIVIL ENCINEERS & 5U{VEYOR5, INC.
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