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E-192 PUBLIC UTILITIES, STEVENS CREEK BLVD, APN 359-08-008, -009 O?E+'UFRN TO CITY ®� OF r"UrREERTINO 10,210"0 TORRE AVE. CUPERTINO, CA 95014 J88GP46E GRANT OF E;ASEPIENT C" No r-tv: IN ACCOREDANCE ALLAN G. BYER WITH 60'V 000,9 610a AND MARIAV BYER hereinafter called Grantor, hereby grant to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size) , maintain and use for public uti].it-ies as Grantee shall from time to time elect within the hereinafter described property of those 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 upon his lands contiguous to and along the- line of said hereinabove described strip for the purpose of locating, constructing, repairing, maintaining, or replacing said public utilities or appurtenances thereto, and for - the purpose of doing any necessary or lawful act iri connection with the construc- tion or maintenance of said 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 thereof. The foregoing is subject to the following express conditions : The Grantee agrees . to restore the ground surface and any improvements thereon to i:ts 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 Z-C day of (Notary acknowledgment ' to be attached n a � "J �3 0 c 88 PAGE _(ueneral STATE OF CALIFORNIA COUNTY Of' S a n to C_Ia r a On Sit-ember 2 q—;1 98-]— before me, the undersigned, a Notary Public in and for said State, personally appeared ALLAN G- BYER _£�nC� MARIAN BYER W , I w known to me to be the person S whose name are subscribed Q 1 H In to the within instrument and acknowledged that they NaE~ I executed the same. OFFICIAL. SEAL WITNESS my itan and official seal. - °'�°'���e MEYER SCHER i�oTARY PUBLIC - CALIF. f..z PRINCIPAL OFFICE IN Signature "� ; SANTA CLAP.:�1 CCLINTY Meyer Seher n' ''y �' My Comm.Exp. Dec:4, 1989 Name (Typed or Printed) BARON PRESS FORM NO. 7 (This area for official notarial seal) _ y i J s J88� • _ PAGE LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: .Being a portion of Parcel One of that certain tract of land conveyed to Allan G. Byer et ux, by deed recorded -jln Book H240 of Official Records at page 559 Santa Clara County Records , mare particularly described as follows: Beginning at the northeasterly corner of said Parcel One, said Point of Beginning also being on a line parallel and distant 75.00 feet southerly from the monument line of Stevens Creed: Boulevard; Thence westerly, along said parallel lilne and the northerly line of said Parcel One, South 89° 58' West, 140.00 feet to the northwesterly corner of said Parcel One; Thence southerly, along the westerly line of said Parcel One, South 0° 02' East , 12.89 feet; Thence easterly, leaving said westerly line, South 88° 45' 40" East, 29.73 feet to a tangent curve, concave to the north, having a radius of 75.00 feet; Thence easterly and northeasterly 21.95) feet along said curve through an angle of 16° 46 '09", Thence northeasterly, along a tangent :line, North 74° 28 ' 11" East, 21.40 feet to a tangent curve, concave to the south, having a radius of 62.00 feet; Thence northeasterly and easterly 18.15) feet along said curve through an angle of 16* 46 ' 11"; Thence easterly, along a tangent .line, South 88° 45' 37" East, 50.02 feet to a point on the easterly line of the aforesaid Parcel One; Thence northerly, along said easterly :line, North 0° 02' West, 4.00 feet to the Point of Beginning. Containing 0.0246 acres, more or less„ Together with a fifteen foot (15' ) Temporary Construction Easement , for the purpose of installation of public improvements and public utilities lying southerly and contiguous to the street and public utility easement described above; as shown on the attached plat which is by this reference -made a part hereof. Said fifteen foot Temporary Construction Easement to expire one year from the date of execution of this document. Containing 0.0486 acres., more or less. APN '359-08-008, 009 J886 PAGE 118 4 . 4 STEVEIVs clAfEEA .60Ll LEVARD _ O /7 r q I r Q c G R=6?.GYM' E :r• : /�°9�'//•' � � Q �: zw Sf:fz-1Vr a M. 15, P.O. 8 . I S83 056' k/ SO°021E "N4 Q '02'lY Sg8°¢5'/O"� X1.40 50.02 29.73' -� R'.7S� "L1= /to°46'09 L- 2/. 95-' Q z O �t �� h� o v f BrY. f/2¢0 O.R. PO.53 5 } 0 A. N. 359—Q3— 008 003 DATE rw% m ar PA"W Y PLAi—tO ACCOm i'l I SCALE LEGAL ESC I I DR.BY OR, 5 Ll T REET al7G� PLIBL IC _ KIER & WRIGHT . '�T I L/r/E+� �A SEM S CIVIL ENGINEERS&SURVEYORS,mc. SHEET NO. 3=Scan Boulevard 0 Building 22 CilP�i�T'/ND CA 4 /r.09/IA., Santa Clara,California 950M 0 727-6W 2 OF 2 d "NO FEE" City of Cupertino J 8 8 6 PA G E =IFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Goven meet Code. This is to certify that the interest: in real property conveyed by the deed or grant dated September 29, 1S►86, from ALLAN G. BYER AND MkRIAN BYER to City of Cupertino, a governmental agEricy, is hereby accepted by order of the City Council on October 6, 1.986, and the grantee consents to recordation thereof by its duly authorized officer. Dated: October 6, 1986 By ° �2ity Cl { City of Cupertino RESOLUTION N0. 6993 J886P46E . 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM ALLAN G. BYER AND MARIAN BYER LOCATED SOUTH SIDE OF STEVENS CREEK BOULEVARD WEST OF DE ANZA BLVD. A.P.N. 359-08-008 ,009 CONSISTING OF APPROXIMATELY 0.0246 ACRE WHEREAS, Allan G, Byer and Marian :Byer, Grantor, have executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cuper- tino, 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, consisting of approximately 0.0246 acre, located on the south side of Stevens Creek Boulevard west of De Anza Boulevard. (A.P.N. 359-08-008, 009) NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said Grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk be and she—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 on the 6th day of October 19 86 by the following vote: Members of the City Council AYES: Gatto,, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: —Ts-/ noroth , .Ce e1 us /si Baroara `,,ogcrs City Clerk Mayor 1 886PAGE GRANT OF EASEHENT 1 �' ALLAN G. BYER AND MAR.CAN BYER hereinafter called Grantor, Hereby grant to the CI'T'Y OF CUPERTIN6 a municipal corporation, hereinafter called Grantee the ri g ht to excavate for, install, replace (of' the initial or any othersize) , maintain and use for public uti].it:ies as Grantee shall from time to time elect within the hereinafter described property of those 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 upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing, maintaining, or replacing said public utilities or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construc- tion or maintenance of said public utilities; there is also granted ' the right of the use of sufficient land contiguous to said strip oil 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 thereof. The foregoing is subject to the following express conditions : The Grantee agrees . to restore the ground surface and any improvements thereon to its on inc�l '� g grade• or condition insofar as it is practicable and reasonablE: to do so. IN WITr1ESS WHEREOF, said parties have executed this Grant of Easement this C day of ��� <ap (Notary acluzowledgment to be attached) '- I r J886p AGE .� b: � � 2 LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of Parcel One of that certain tract of land conveyed to Allan G. Byer et ux, by deed recorded in Book H240 of Official Records at page 559 Santa Clara County Records , more particularly described as follows: Beginning at the northeasterly corner of said Parcel One, said Point of Beginning also being on a line parallel and distant 75.00 feet southerly from the monument line of Stevens Creek. Boulevard; Thence westerly, along said parallel line and the northerly line of said Parcel One, South 89° 58' West, 140.00 feet to the northwesterly corner of said Parcel One; Thence southerly, along the westerly line of said Parcel One, South 0° 02' East , 12.89 feet; Thence easterly, leaving said westerly line, South 88° 45' 40" East, 29.73 feet to a tangent curve, concave to the north, having a radius of 75.00 feet; Thence easterly and northeasterly 21.95 feet along said curve through an angle of 16° 46'09", Thence northeasterly, along a tangent line, North 74° 28 ' 11" East, 21.40 feet to a tangent curve, concave to the south, having a radius of 62.00 feet; Thence northeasterly and easterly 18.15 feet along said curve through an angle of 16* 46 ' 11"; Thence easterly, along a tangent line, South 88° 45' 37" East, 50.02 feet to a point on the easterly line of the aforesaid Parcel One; Thence northerly, along said easterly line, North 0° 02' West, 4.00 feet to the Point of Beginning. Containing 0.0246 acres, more or less, Together with a fifteen foot (15' ) Temporary Construction Easement , for the purpose of installation of public improvements and public utilities lying southerly and contiguous- to the street: and public utility easement described above; as shown on the attached plat wrhich is by this reference made a part hereof. Said fifteen foot Temporary Construction Easement to expire one year from the date of execution of this document. Containing 0.048 6 acres, more or less. APN 359-08-0089 009 b I � 8 8 PA GE 123 NB9. 53,E .00, q Q I � f I � - 9TREE'T it m& !/T/L/T r �•d' �6°���/ I &., P.o. ,& . 1 539.58' k/ SO'0214E / •f�ll'F 588°¢5' '1YO.021W ,37 50.02' a�' 29.73' R= 75' l,1 "D= /!0.4(0'09 L= 2/. 95 ' Q� Q f woo V AP AI 0- 006g 009 DATE �- t26- b�P L A T TO ACCOMPANY SCAL E /,. LEGAL DESCRIPTION DR.BY 0R sr'REErawd PLIBLIC Klet & WRIGHT J�LSD B6.2 am ENGiNEERs&suam INC SHEET NO. 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