E-222 STORM DRAIN PURPOSES, RAINBOW DR I'MTURN TO CITY
'OF CUPERTINO 6d
10300 TORRE AVE. 6271;?
CUPERTINO, CA' 95014 FILED,
GRANT OF EASEMENT . !14-4 4
AT
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NO FEE IN ACCOF"'DANCE OVERLAND STORM DRAIN PURPOSES
WITH 60V CODE 6102 A
OSWALD DAVIS,_ surviving owner JUG /1 2 2-j. Pfl �hq
L-11RES
hereinafter called GRANTORS, hereby grant to the CITY OF CUPERTINO, aSA�,1-�,A'CL4,R-,A -,A
."V
municipal corporation, hereinafter call GRANTEE, the right to build on, LAURIE XA.;ij�z
excavate for, install, replace (of the initial or any other size) , REcma�
maintain and use for storm drain purposes as Grantee shall from time
to time elct 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:
A
(Description Attached) K231 PA 6E JL 567
EXHIBIT "A" AND "B"
Grantor hereby further grants to Grantee the right and privilege
to enter upon his lands contiguous to and along the line of said here-
inabove described stip for the purpose of locating, constructing, re-
pairing, maintaining, or replacing said storm drain or appurtenances
thereto, and for the purpose of doing any necessary or lawful act in
connection with the construction or maintenance of said storm drain;
there is also granted the right of the use of sufficient land contig-
uous 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 storm drain, and any repair thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improve-
ments thereon to its original grade or condition insofar as it is prac-
ticable and reasonable to do so.
Grantee agrees to abondon the above described easement at the time
Grantors wish to develope their property.
��e�2'(�.(r�� �G-fib-L[�
STATE OF CALIFORNIA,
ss.
_,County of............ SANTA. CLA.RA........ ....
JUNE
'on_ .16,
.... ... ...... ... ..........b,forem ...............a Notary Public in and
for said County and State personally appeared....................*****.***.* ..WALOS D **
....D....AVI....S....***....***....***...-*.........................
.. ... ..
. . . ............... ... ........................ ............. ........... ................................... .................
personally known to me or proved to me.on the basis ofsatisfactory evidence to be the person....... whose name. .. ........subscribed to the
within instrument and acknowledged that... ... executed the same. WITNESS my hand and Official Seal.
DORIS ADAMO
NOTARY PUBLIC-CALIFORNIA Dori Mam'o.......
Notary Public
tl SANTA CLARA COUNTY
ACKNOWLEDGMENT-GENER MY Commission Expires Sept.13,1989
V TC-126
,
EXHIBIT "A" K 2 31 PAGE 15 6 8
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California described as follows:
Beginning at the northwest corner of that certain parcel of land as described
in the deed from J. W. McCann and Pearl McCann, his wife to Oswald Davis
and Minnie R. Davis, his wife recorded September 24, 1953 in Book 2728 of
Official records at page 268, Santa Clara County Records; thence from said
Point of Beginning along the westerly line of said parcel S 0°26100" E 218.00
feet; thence leaving said westerly line N 89°34100" E 110.87 feet to the,
easterly line of said parcel; thence along said line N 19°35'00" W 230.88
feet to the northeasterly corner thereof; thence along the northerly line
thereof S 89°24'00" W 35.13 feet to the POINT OF BEGINNING.
- K 231PAGE 569
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LANDS no OF DAVIS
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EXHIBIT. -"B'�
a ASSOCIATES,INC.(W.,KIRKEBY.
20009B Stevens" Creek Blvd.
Cupertino,Co. 95014 (408)257-0600
.PLAT TO ACCOMPANY DESCRIPTION,
= OVERLAND STORM DRAIN EASEMENT .
LANDS. OF` D&VIS.
CUPERTINO CALIFORNIA
Scale:" i"=So Date:,luN. 1987 jJob No. 8049
"NO FEE"
City of Cupertino K 2 3 1 PAGE 1570
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 June 17, 1987, from
OSMUD DAVIS, SURVIVIrtG OWNER
to City of Cupertino, a governmental agency, is hereby accepted by
order of the City Council on July 6, 1987, and the grantee consents
to recordation thereof by its duly authorized officer.
Dated: June 10, 1987
By
Deputy City Clerk
City of Cupertino
231 PAGE IS 71
RESOLUTION NO. 7242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR OVERLAND STORM DRAIN PURPOSES
FROM OSWALD DAVIS, SURVIVING OWNER
LOCATED NORTH OF RAINBOW DRIVE, WEST OF RAILROAD TRACKS ADJACENT
TO TRACT NO. 7999 (MASTERS PROJECT) ; APPROXIMATELY 0.326 ACRES
WHEREAS, OSWALD DAVIS, Surviving Owner, Grantor, has executed a
Grant of Easement which is in good and sufficient form, conveying to the
City of Cupertino, Grantee, an easement for overland storm 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 approxi-
mately 0.326 acre, located north of Rainbow Drive, west of railroad
tracks adjacent to Tract .No. 7999.
WHEREAS, the City will abandon the blanket easement when a suitable
equivalent easement is presented to the City for acceptance.
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
Ciyt of Cupertino on the 6th day of ply 1987, by the
following vote:
Vote- Members of the City Council
AYES: - - Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVE:
/s/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
EXHIBIT "A" K 2 31 PAGE 157 2
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California described as follows:
Beginning at the northwest corner of that certain parcel of land as described
in the deed from J. W. McCann and Pearl McCann, his wife to Oswald Davis
and Minnie R. Davis, his wife recorded September 24, 1953 in Book 2728 of
Official records at page 268, Santa Clara County Records; thence from said
Point of Beginning along the westerly line of said parcel S 0°26100" E 218.00
feet; thence leaving said westerly line N 89 034100" E 110.87 feet to the
easterly line of said parcel; thence along said line N 19 035100" W 230.88
feet to the northeasterly corner thereof; thence along the northerly line
thereof S 89°24'00" W 35.13 feet to the POINT OF BEGINNING.
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K231PAGE1573
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EXHIBIT °B"
KIRKESY ASSOCIATES,INC.
K 20009B Stevens Creek Blvd.
Cupertino,Co. 95014 (408)257-0600
PLAT TO ACCOMPANY DESCRIPTION
OVERLAND STORM DRAIN EASEMENT
LANDS OF DAVIS
CUPERTINO CALIFORNIA
Scale: i".So' Dafe:,jUN. 1987 JobNo. 8 049