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E-386 GRANT OF EASEMENT FOR PUBLIC UTILITIES, STEVENS CREEK BLVD & TANTAU AV ~1 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO: CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 t=- -3 f~ 12988800 fiLED FOR RCCOHO tIT HEnur:~~T OF r z \D CT\ -.J -0 :po C> r'1'1 W N . ~~NC~ N p..ccoR e \ 02 NO ~~t:. \ 0\1 CoOt:. 'I/'J\1'~ 6 ~ 314C , 'HO!~" f.gg ~ E U1 '~. \1" . t;J CITY Of CUPERTiNO AUG Z I II 32 AM f 95 OF;-i(lil.'. i'ECOHDS Sr,.1d.\ CL.!,RA COU!HY 8 :; E i~ ;l i\ D ,~, \! I S :11: C '~' ~~.:= .". .... ~ SANTA CLARA COUNTY ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT FOR PUBLIC UTILITIES, APN 375-07-002 DOCUMENT TITLE SEPARATE PAGE. PURSUANT TO GOVT, CODE 27361.6 N 9 6 7 PA GE I I 33 GRANT OF EASEMENT for PUBLIC UTILITIES Stevens Creek Boulevard APN 375-07-002 Community Housine DeyeloDen Inc.. a California nonDrofit Dublic benefit corooration , 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 materia 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. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this ZJ f'aay of '7(,1 '1 . 19 yJ ~ ~r~;tiveDirector Community Housing Developers Inc., a California nonprofit public benefit corporation (Notary acknowledgment to be attached) N 9 6 7 PA GE I I 3 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ A /... I f::() If III J VI County of ~/111'v1 C /..J1.--eA On \J()t...y .2 ~ I~? ,- te personally appeared ff /J ttJ before me. RA.IJ.<SA/l-4 (J;11lfE,f'/;lE ~b&/A.J(, /,z;AJ Name and Title of Officer (e.g., "Jane Doe, Notary Public") H IJ/f t./I,J Name(s) of Signer(s) o personally known to me - OR - ~proved 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 the entity upon behalf of which the person(s) acted, executed the instrument. t~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Al it,,' ":::.' ~."# BARBARA CATHERINE ELUNGTON :( :". ," ~\ COMM, #1008t'44 ~ i 1 .-!,;-. : Notary Public - Califomla ! J . . SANTA CLARA COUNlV J <, , My Comm, Expires NOV 4.1997 .......-----------................................................... WITNESS my hand and official seal. 1Ck..1P<-" ~ dd~ aiqL , 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: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @ 1994 National Notary Association' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call TolI.Free 1.800.876-6827 1 . N 9 6 7 PA GE I I 35 June 9, 1995 Job No. 1311-95 .. ,\ LEGALD~CRWTIONOFTHEPROPO~D 15' P.U.E. ALONG THE SOUTHERLY RIGHT OF WA Y LINE OF STEVENS CREEK BOULEVARD AT 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD, AS SAID BOULEVARD IS DELINEA TED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "RECORD OF SURVEY, BEING A PORTION OF QUITO RANCHO, CUPERTINO, CAL- IFORNIA", FILED FOR RECORD MARCH 29, 1965 IN BOOK 192 OF MAPS AT PAGE 51, RECORDS OF SAID SANTA CLARA COUNTY, DISTANT THEREON NORTH 89031'50" EAST, 79.26 FEET FROM THE NORTHEAST CORNER OF THAT CERTAIN 5.221 ACRE PARCEL OF LAND DELINEATED AND SO DESIGNATED UPON SAID MAP; THENCE FROM SAID POINT OF BEGINNING AND RUNNING EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD NORTH 89031'50" EAST, 151.85 FEET; THENCE SOUTH 00035'10" EAST, 15.00 FEET; THENCE SOUTH 89031'50" WEST, 151.85 FEET; THENCE NORTH 00035'10" WEST, 15.00 FEET TO THE POINT OF BEGINNING. Prepared By ans R. Mulbe R.C.E. 13173 Exp. 3/31/97 SURVEY CONSTRUCTION STAKING CO., INC. / LAND SURVEYING & CIVIL ENGINEERING ......'b ~&~ \\j'" It) ~ 0) ......~ l.:~ l~. ~ It) ,,~f\) ~q:Q ~\.i~ ~~ ~ m 1~ ~ ~ ,~ ~1 ~ ~ <:::::...0 H 9 6 7 PA GE I I 36 I N ~""'1 r ~.' , ~:~.f \j j;: n b -w s I /MOflument Line STEVENS CREEK BLVD. .. ~ (() 79.26 DA TE: 6/9/95 DRAWN: 8M CHECKED: HRM E- Existing Street/Road Esm't. f64760.R.1I7) fo be a/xJndon Righf of Way RQS. N89D3/'50''E .' ~ ~ -.,... iif~ll~, ';::Ai;~M ~ c . ,",~' 7A'85''':'-''''';''i:~~ --.. . -'~. L; i~I..::--:r. .. ,. -, < S89D3/50 W :t ~ .::: ~ .. ~ Q 8 ~ ::: ~ ~ Q S ~ PARCElL 2 1_ ""';<:<~'.'''' I...... ....AREA TO BE DEDICATED AS A P.U.E. (Public Utility Easement) SKETCH SHOWING PROPOSED PUBLIC UTILITY EASEMENT 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. [j su RVEY CONSTRUCTION STAKING Co. . INC. Land Surveying · Civ i I Enoineering .6760 OAK VIEW CIRCLE MORGAN HILL, CA. 95037 · (408) 779 - 3791 F=l d ~ ~ ~ ~ SEJ9D24'50"W SCALE: I = 40 JOB No.: 1311-95 SHT,~OF ~ N 9 6 1 PA GE. , , 3 J "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 July 28, 1995, from COMMUNITY HOUSING DEVELOPERS, INC., A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on August 7, 1995, and the grantee consents to recordation thereof by its duly authorized officer. Dated: Au~ust 16. 1995 By: ~~ Deputy City Cle{k City of Cupertino . RESOLUTION NO. 9402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM COMMUNITY HOUSING DEVELOPERS INC., A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, APN 375-07-002, SOUTHWEST CORNER OF STEVENS CREEK BOULEVARD AND TANTAU AVENUE WHEREAS, Community Housing Developers Inc., a California Nonprofit Public Benefit Corporation, Grantor, has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for public utility 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, located at the southwest comer of Stevens Creek Boulevard and Tantau Avenue. 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 7Th day of Auqust , 1995, by the following vote. ~ Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Bautista, Burnett, Koppel, Sorensen, Dean None None None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kimberly Smith City Clerk GRANT OF EASEMENT for PUBLIC UTILITIES Stevens Creek Boulevard APN 375-07-002 Community Housin2 DeveloDen Inc.. a California nonDrofit Dublic benefit corooration , 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 materia 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. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this ZJ day of TI,., '1 . 19 C;J:- ~~uveDttector Community Housing Developers Inc., a California nonprofit public benefit corporation (Notary acknowledgment to be attached) June 9, 1995 Job No. 1311-95 LEGAL DESCRIPTION OF THE PROPOSED 15' P.U.E. ALONG THE SOUTHERLY RIGHT OF WA Y UNE OF STEVENS CREEK BOULEVARD AT 19140 STEVENS CREEK BOULEVARD CUPER TINO, CA. ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND BEING MORE PAR TICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD, AS SAID BOULEVARD IS DELINEA TED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, nRECORD OF SURVEY, BEING A PORTION OF QUITO RANCHO, CUPERTINO, CAL- IFORNIA", FILED FOR RECORD MARCH 29, 1965 IN BOOK 192 OF MAPS AT PAGE 51, RECORDS OF SAID SANTA CLARA COUNTY, DISTANT THEREON NORTH 89031'50" EAST, 79.26 FEET FROM THE NORTHEAST CORNER OF THAT CERTAIN 5.221 ACRE PARCEL OF LAND DELINEATED. AND SO DESIGNATED UPON SAID MAP; THENCE FROM SAID POINT OF BEGINNING AND RUNNING EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD NORTH 89031'50" EAST, 151.85 FEET; THENCE SOUTH 00035'10" EAST, 15.00 FEET; THENCE SOUTH 89031'50" WEST, 151.85 FEET; THENCE NORTH 00035'10" WEST, 15.00 FEET TO THE POINT OF BEGINNING. Prepared By ans R. Mulbe R.C.E. 13173 Exp.3131197 SURVEY CONSTRUCTION STAKING CO., INC. / LAND SURVEYING & CIVIL ENGINEERING I N -w E- ......- .., ., . . -~ D U ~" -,; .; ~ - .. ~ s I /Monument Line STEVENS CREEK BLVD. 79.26 Righf of Way eQs. N8903/'~O"E .. .- .,~' "ZfI'S6: '~... . ". . -. -T:. .i;;'J..-r.~. v. -' ';",.: .:"';.".... ...... .-.:.-..:.:~,'b!!""~....!-:"- .,.-...~~..,.....::", ~'". . _.~..~:A.o5..., ~~ :",io.!~, ___ ._.... i.,. ,.~I.~".. CiJll ,4.i.... -. . S 8903/ ~O W Existing Street/Road Esm't. (6476QR.1I7) to be olx1ndon ... c;:) (Q ....."b ~&~ t\j" 1r)~0\ -~ a..:~ ~~~ ~~~ ~~a ~~ ~ m 1l} ~ ~ "'~ 4l'9 ~1 ~ c=:;l <::::,..0 ~ ~ , ~ ~. ~ S ~ PARCEL 2 ~ .~ ~ .. ~ Q a ~ d W Cd ~ ~ SggoZ4'50"W I. ',,'. .~:,S.'."" I...... ....AREA TO BE DEDICATED AS A P.U.E. (Public Utility Easement) SKETCH SHOWING PROPOSED PUBUC UTILITY EASEMENT 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. DRAWN: 8M !J SURVEY CONSTRUCTION STAKING Co. , INC. Lend Surveying · Civ i I EnQineering .6760 OAK VIEW CIRCLE MORGAN HILL, CA. 95037 · (408) 779 - 3791 SCALE: I = 40 DATE: 6/9/95 JOB No,: 1311-95 CHECKED: HRM SHT,~OF~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ('A I... I f:ci If' N I v1 County of ~ tJi'A C "A--fA - On ,,() I.. Y 2 R I Y 9 r ~te personally appeared K ~ .ttJ before me. RA-"MA'/l (Jri IIIIC h'/;l G E bL.-/ A.J If, 7.z.;,,) Name and Title of Officer (e.g.. "Jane Doe. Notary Public") H u/f t.-1,J Name(s) of Slgner(s) [J personally known to me - OR - i,;Wproved 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 the entity upon behalf of which the person(s) acted. executed the instrument. J.~~ ~.:.~...~ ~~~C:TH:~:E;LU:G~~l ~ . . ".' COMM,#I~44 I z : -r~ " , Notary Public - Colifornla .. J .' SANTACLARACOUNTV J " . My Comm, Expires NOV 4.1997 ....~~~~~~~~....~~~ WITNESS my hand and official seal. l&v.. ,,<-~ ~ tid~ ~ ' 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 [] Corporate Officer Title(s): [] Partner - [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: . Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner - [] Limited [] General [] Attorney-in-Fact LJ Trustee [] Guardian or Conservator [] Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: @ 1994 National Notary Association' 8236 Remmet Ave.. P.O. Box 7184' Canoga Pari<. CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800.876.6827