E-416 GRANT OF EASEMENT FOR PUBLIC UTILITIES, HOMESTEAD RD, FRANCO CT
E -l/ / fa
RECORDING REQUESTED BY
DOCUMENT: 13406230 Tit I es: 1 / Pages: 6
City of Cupertino I UI ~ 111111 ~ ~ I
Fees. . . + No Fees
WHEN RECORDED MAIL TO Taxes. .
~ee134e623e~ Copies.
City of Cupertino AMT PAID
10300 Torre Avenue BRENDA DAVIS ROE t:I 009
Cupertino, CA 95014 SANTA CLARA COUNTY RECORDER 8/13/1996
Recorded at the request of 4:30 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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GRANT OF EASEMENT FOR PUBLIC UTILITIES, FORGE-HOMESTEAD
LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP
SEPARATE PAGE PURSUANT TO GOYT. CODE 27316.6
GRANT OF EASEMENT
for
PUBLIC UTILITIES
Forge-Homestead Limited Partnership
hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a
municipal corporation~ hereinafter called Grantee, the right to excavate I
for, install, maintain and use public utilities
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:
(Description Attached)
Grantor hereby further grants to Grantee the right and privilege to
enter ~pon his lands contiguous to and along the line of said hereinabove
described strip for the purpose of locating, constructing, repairing or
maintaining said public utilities for the
purpose of doing any necessary or lawful act in connection with the con-
struction or maintenance of s1tid public utilities . ;
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 public utilities and any repair
thereo f.
Ttle 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 a8 it is practicable an,1
reasonable to do so.
this
IN WITNESS WHEREOF,
IC:Ah day of
said parties
JtJer
have executed this Grant of Easement
, 193k-.
Forge-Homestead Limited Partnership
a California limited partnership
T
T. vidovich, Gen
(Notary acknowledgment
to be attached.)
LEGAL DESCRIPTION
FOR
EASEMENT FOR PUBLIC UTILITIES
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, being an easement for public utilities purpose and is described as follows:
Beginning at a point in the center line of Homestead Road, distant thereon S 89047'35" W
710.82 feet from an underground granite monument set at the point of intersection ofthe said
center line of Homestead Road with the center line of Saratoga-Sunnyvale Road, said point of
beginning being the southeasterly comer of that certain 11.254 acre tract conveyed by Henriette
Melegare, et vir, to George H. Briggs, by Deed dated April 21, 1914 and recorded April 24, 1914
in Volume 417 of Deeds, at page 39; thence along the westerly line ofthe tract so conveyed to
Briggs, N 00018'25" W 45.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
line parallel with and distant 45.00 feet from the center line of Homestead Road S 89047'35" W
614.77 feet to a point on the easterly line of that certain 20 acre tract ofland conveyed to Bank of
America National Trust and Savings Association, by Trustee's Deed dated December 13, 1935
and recorded in December 17, 1935, under Recorder's Serial Number 64645; thence northerly
along said last mentioned easterly line N 00013 '1 0" W 10.00 feet; thence leaving said easterly
line parallel with and distant 55.00 feet from the center line of Homestead Road N 89047'35" E
614.75 feet to the said westerly line of Briggs; thence southerly along said westerly line
S 00018'25" E 10.00 feet to the TRUE POINT OF BEGINNING.
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EXISTING 5' WATEHLlNE \1-- ~~
EASEMENT BOOI< 5797 I
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614.84
ROAD
KIRKEBY ENGINEERIN<i
2397 FOREST AVENUE
SAN JOSE. CA 95128 (408) 984-0:l31
PLAT TO ACCOMPANY DESCRIPTION
Scolo: J" = 100' 100to: JUNE 1996 IJob No. J4018
ALL-PURPOSE ACKNOWLEDGMENT
r-.-.--.--.-.--.--.--.----.--.----.--.----.---.,
. State of California } ·
t County of CJcvAcc C&r;;c $S. I
. ~ .
t On J,Vj /5, /qqi" before me, ("e,; I . I Se",/""( h t
. (DATE) ..-.-. ~_ r;- (NOTARY) ·
'personally appeared Jeh,) I ~',C(.G~IO) 5 '/Jhen J. t/CLi:V,(.i} ,
J SIGNER(S)
i ~ personally known to me . OR- 0 proved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) ·
t is/are subscribed to the within instrument and t
. acknowledged to me that he/she/they executed ·
t tbe same in his/her/their authorized t
. capacity(ies), and that by his/her/their ·
t signature(s) on the instrument tbe person(s). t
tor the entity upon behalf of which the t
· person(s) acted, executed the instrument. ·
. .
t .r . .: ~..: . . . MARY' Ii RA i L T: . sOMERA'! WITNESS my hand and official seal. I
tint. ~,Comm. # 1082612 tn ~ lv'
. UI ~ -Ij . . NOT ARY PUBLIC - CALIFORNIA VI ( ·
I ~. ~.. My ~:.:,~~;:,':tl,,0o0 r / "IL ,- Co. ,,0( / '. }J,..-- t
i ( -, NOTA>Y''',":ATU", i
OPTIONAL INFORMATION
i The information below is not required by law. However. it could prevent fraudulent auacbment of this aclcnowl- i
, :..:;;. ;=;:~ ::::~PRINClPAL) DESCRIPTION OF ATrACHED DOCUMENT i
, 0 INDIVIDUAL ,
· 0 CORPORATE OFFICER ·
i ~,> i
. .
, ;gi' PARTNER(S) ,
, 0 ATTORNEY-IN-FACT -3 '
i 0 TRUSTEE(S) NUMBER OF PAGES i
. 0 GUARDIAN/CONSERVATOR ·
I 0 OTHER t
., ~ u,CO' I S I I q Cfh. ,
DATE OF DOCUMENT
. .
t SIGNER IS REPRESENTING, I
i NAM' 0' _,"N,,> O"NTITY''''> i
. OTHER.
L.__.__.__.__.__.__._.__.__.__.__. --.-.--.-- --.-.--'
APA 1/94
VALLEY-SIERRA. 800-362-3369
RESOLUTION NO. 9676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM
FORGE-HOMESTEAD LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, HOMESTEAD ROAD AT FRANCO COURT -
WHEREAS, Forge-Homestead Limited Partnership, a California Limited
Partnership, 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
certain the property situate in the City of Cupertino, County of Santa Clara, State of
California, easement, 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 on Homestead Road and Franco
Court.
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 5th day of August, 1996, by the following vote:
~
Members cl ~ Cill: Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Sorensen, Burnett
None
None
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ Don Burnett
Mayor, City of Cupertino
GRANT OF EASEMENT
for
PUBLIC UTILITIES
Forge-Homestead Limited partnership
hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a
municipal corporation~ hereinafter called Grantee, the right to exc~vate I
for, install, maintain and use public utilities
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:
(Description Attached)
Grantor hereby further grants to Grantee the right and privilege to
enter ~pon his lands contiguous to and along the line of said hereinabove
described strip for the purpose of locating, constructing, repairing or
maintaining said public utilities for the
purpose of doing any necessary or lawf~l a~t ,i~ connection with the con-
struction or maintenance of SAid publlC utllltles . ;
there is also granted the right of the use of sufficient land contiguous t(.
said strip on either or both sides thereof for the purposes of excavation
of and deposit of earth and necessary building material during the lime
of constructing said public utilities 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 origi'nal grade or condition insofar as it is practicable and
reasonable to do so.
this
IN WITNESS WHEREOF,
15+h day of
said parties
J~JO
have executed this Grant of Easement
, 19!&....
Forge-Homestead Limited Partnership
a California limited partnership
T
T. Vidovich, Gen
(Notary acknowledgment
to be attached.)
..
LEGAL DESCRIPTION
roR
EASEMENT FOR PUBLIC UTILITIES
All that certain real property situate in the City of Cupertino, Count)' of Santa Clara, State of
California, being an easement for public utilities purpose and is described as follows:
Beginning at a point in the center line of Homestead Road, distant thereon S 89041'35" W
710,82 feet from an underground granite monument set at the point of intersection of the said
center line of Homestead Road with the center line of Saratoga-Sunnyvale Road, said point of
beginning being the southeasterly comer of that certain 11.254 acre tract conveyed by Henriette
Melegare, et vir, to George H, Briggs, by Deed dated April 21, 1914 and recorded April 24, 1914
in Volume 417 of Deeds, at page 39; thence along the westerly line of the tract so conveyed to
Briggs, N 00018'25" W 45.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
line parallel with and distant 45.00 feet from the center line of Homestead Road S 89041'35" W
614.77 feet to a point on the easterly line of that certain 20 acre tract of land conveyed to Bank of
America National Trust and Savings Association, by Trustee's Deed dated December 13, 1935
and recorded in December 17, 1935, under Recorder's Serial Number 64645; thence northerly
along said last mentioned easterly line N 00013' 10" W 10.00 feet; thence leaving said easterly
line parallel with and distant 55.00 feet from the center line of Homestead Road N 89041'35" E
614.75 feet to the said westerly line of Briggs; thence southerly along said westerly line
S 00018'25" E 10.00 feet to the TRUE POINT OF BEGINNING.
ALL-PURPOSE ACKNOWLEDGMENT
r.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.,
. State of California } ·
t County of Sw-.Ac\ C-W-':;c SS. . t
. ~ .
t On Jd~1 /5, ,qql- before me. ("c" I . i :;'0'''(,'', t
. .J (DATE) ~ ~ ,.-:- (NOTARY) ·
, personally appeared Jeh" I ~ IC(.C~ dA'l S 'lJhtnI t lei i:Y'U) ,
, J SIGNER(S) ,
i ~ personally known to me - OR- 0 proved to me on tbe basis of satisfactory i
. evidence to be the person(s) whose name(s) -
t is/are subscribed to the within instrument and t
. acknowledged to me that he/she/they executed -
t tbe same in bis/berltbeir authorized t
_, 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.
i i
i l ~i.RY'GR;'iLr:'SOMERAl WITNESS my hand and official seaL- ,
, -. Comm. # 1082612 '" i
U). NOTARY PUBLIC-CALIFORNIA VI
"," , Santa Clara County -
i My""". ""'d.. 8. 2000 .. d0 ,. " It.. '- i
i I i
OPTIONAL INFORMATION
i The information below is nOl required by law. However. it could prevent fraudulent attaehment of Ibis acknowI- i
i edgment to an unauthorized document. -,
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
- -
, 0 INDIVIDUAL t
, 0 CORPORATE OFFICER ' ,J I I /. /.
. Ct. 'rk &{,.C C.L1; ~ 71.i.J -
t ~~m t
TITLE(S)
t JRi' P ARTNER(S) t
· 0 ATIORNEY.!N.FAcr 3 ·
i 0 musTEE(S) NUMBER OF PAGES i
. 0 GUARDIAN/CONSERVATOR -
t 0 OTIlER _ t
i ~ l,di-{ , S , I q 'th. t
, U DATE OF DOCUMENT
i SIGNER IS REPRESENTING, i
i ....... '" ""0"," OR """"0'" i
. OllIER-
L._._.__._.___.__-.-.--.-..-1
APA 1/94
VALLEY-SIERRA,800-362-3369