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E-446 GRANT OF EASEMENT FOR PUBLIC UTILITIES, CRISTO REY DR i 'j <\\ \ f1' /- ~.. )t~IvIAU~U-L. JcdJ- t {1, j~/Q3/d/ ~;!- RECORDING REQUESTED BY DOCUMENT: 14274469 I 1111111 II 1111111I1 ~0014274469~ Titles: 1 / Pages: 7 City of Cupertino Fees. No Fees Taxes. Copies AMT PAID City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company RDE j:l 102 7/09/1998 3:31 PM WHEN RECORDED MAIL TO (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 Resolution No. 98-158/Acceptance recorded concurrently GRANT OF EASEMENT FOR PUBLIC UTILITIES APN 342-52-005 CRISTO REY DRIVE Original D For Fast Endorsement GRANT OF EASEMENT for PUBLIC UTILITIES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bisho{) of San Jose. A California Corporation Sole, 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 WIlNESS WHEREOF, executed this Yti"day of ~, 199 L. Owner: The Rom' n Catholic Bishop of San Jose, A California Corporation Sole ---.. .\ \ '- -' Rev. Michael J Mitchell, Attorney-in-fact I Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation ~l ~. H. Brett Melendy, Presid (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers . Surveyors . Planners April 20, 1998 BKF Job No. 960069-20 DESCRIPTION OF PUBLIC UTILITY EASEMENT WITHIN THE FORUM AREA All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Lands of the Roman Catholic Bishop of San Jose, described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 of Official Records at page 1393 at the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: BEGINNING at the most northeasterly comer of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book D 197 of Official Records at page 696 at the Office of the Recorder of the County of Santa Clara; thence along the northerly line of said parcel, South 81011'40" West, a distance of 164.55 feet to the TRUE POINT OF BEGINNING; thence continuing along said line, South 81011 '40" West, a distance of 49.45 feet to an angle point in the westerly line of said Lands of the Roman Catholic Bishop of San Jose; thence along the westerly line of said lands, North 33018'21" West, a distance of297.10 feet; thence North 56041'39" East, a distance of 20.00 feet; thence South 33018'21" East, a distance of 151.33 feet; thence North 53016'08" East, a distance of25.04 feet; thence South 33018'21" East, a distance of 167.77 feet to the TRUE POINT OF BEGINNING, containing an area of 1 0,066 square feet more or less. The bearing North 81011 '40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. radley A. Bilbo, P.L.S. 6141 Expires: 3/31/2002 K:\MAIN\1996\960069\LEGALS\FOR]UE.WPD Dated: ~+ "1 Exhibit "A" Page 1 of 1 --------------------------------------------------------------------------- Lot name: FOR PUE 2 North: 69974.8108 East: 19837.3922 Line Course: S 81-11-40 W Length: 49.45 North: 69967.2409 East: 19788.5251 Line Course: N 33-18-21 W Length: 297.10 North: 70215.5427 East: 19625.3851 Line Course: N 56-41-39 E Length: 20.00 North: 70226.5248 East: 19642.1001 Line Course: S 33-18-21 E Length: 151.33 North: 70100.0506 East: 19725.1966 Line Course: N 53-16-08 E Length: 25.04 North: 70115.0260 East: 19745.2650 Line Course: S 33-18-21 E Length: 167.77 North: 69974.8120 East: 19837.3888 Perimeter: 710.69 Area: 10,066 sq.ft. 0.23108 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0036 Course: N 71-06-53 W Error North: 0.00117 East: -0.00342 Precision 1: 196,450.22 State of California ) )SS, County of Santa Clara ) On this the 8th day of June 1998 , before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael J. Mitchell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. \'\Q~\;,^, (~,\e ~ Notary Public ~----~l '.- - ~ - ~ ~RT1N~ _ Commlaion .,..... I.. Notary Public - c.a.. ~ 1 . Santa CIOfG c:..,ey 1 _ _ _ ~~~~:':;X~.~ 1O.:~ Witness my hand and seal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ST A TE OF CALIFORNIA COUNTY OF S'Q.<fla. {! ~rtq On r :J:t,IJ(. //18 before me, Edward H. Schulte, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" personally appeared, personally known to me (or proved to me on the basis of sati factory evidence) to be the personfst whose name(&) is/are subscribed to the within instrument and acknowledged to me that hefsM/ ~ executed the same in his/fler'1JBetr authorized capacityf+es-), and that by hisfRef/~r signature( s) on the instrument the person~), or the entity upon behalf of which the persontEt) acted, executed the instrument. /2~:TT A1<:::L.eAl~ WITNESS my hand and official seal. d4/f{~I!~ NOT RY PUBLIC SIGNATURE (SEAL) Edward H. Schulte 7 Comm. '10725'1 : NOTAIlY PUBLIC. CAlIFONlIAO SANTA CLAIlA COUNTY Comm. Exp Sept. 21. 1. 4 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT (;,.ea.tJT ciF ~6..5C/l1eA.JT h-.K!... Tltjj,iC UTI LI"l/ .eS DATE OF DOCUMENT gXve /99g" NUMBER OF PAGES 5eV-eA:.J AJoA.J.e _ SIGNER(S) OTHER THAN NAMED ABOVE