E-007 SLOPE OF EASEMENT, SAN JUAN RD, APN 342-18-023 15734008
FEE TO BE CHARGED IN AC-
CORDANCE WITH GOVERNMENT
City of- Cupertino
7 10300 Torre Avenue CODE SECTION 6103
rupertino, CA 95014
- GRANT OF SLOPE EASIMENT
D 028 PACE293
Barre L. Barnes and Wanda J. Barnes ,
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. a slope easement 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:FlLED FOr �i-nr,,ORD
Santa. Clara,_. State of California„ and described as follows: AT.REQUES T OF
(Descrip tioa Attached) UL ��
D 028 FACE293 0' F F101AL RECORDS,COU�I7. '
REGISTRAR F ECOFfO...h+
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 slope easement and. for the purpose of doing any necessary
or lawful act in-.connection- with the construction or maintenance;of said
slope- 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
material during. the time of constructing: said slope 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 s id parties have executed this Grant of Easement
this day 19-7_5 .
i
. - (Notary acknowledgement
to be attached..)
1 _
TO 447 C
(Individual) TI
D 028 PAGE294
STATE OF CALIFORNIA /� l
S f ` T SS.
•• COUNTY OF �
rK _
On c��f 7 before me the undersigned, a Notary Public in and for said
St at personally app/eared L7 /�✓LC` A, ��a � / � ✓� ,
M
W
J known to me
IL to be the persons whose name-'% subscribed
to to the within instrument and acknowledged that
executed'the same. SalIREY F. ABBOTT
�t WITNESS my hand and official seal. ' Notary Public-California
Principle Office In
m} SANTA CLARA COUNTY
Signature
o.w My Comm.Exp.June 22, 1980
Shirley F bL
Name (Typed or Printed)
(This area for official notarial seal)
I /
• D 028 PAGE295
` r
Exhibit "A"
All that certain real property in the County of Santa Clara, State of California,
described as follows :
Parcel A - Portion of Section 31 , as shown upon that certain map entitled,
"Map of 9th Addition Monta Vista", which was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on April
11, 1917 in Book P of Maps , at Page 16 , and more particularly described as
follows :
Beginning at the point of intersection of the dividing line of Sections 30
and 31 with the Southwesterly line of San Juan Road as said Sections and Road
are shown upon the map above referred to; thence from said point of beginning
South 43°15 ' East along the said Southwesterly line of San Juan Road for a
distance of 91.00 feet to the point of intersection thereof with the North-
westerly line of Parcel 2 as said parcel is shown upon that certain map entitled
"Record of Survey for Delbert A. Goodwin, et ux," filed for record on March
24, 1964 in Book 175 of maps , at Page 32 ; thence South 37 049 ' West along the
Northwesterly line of said Parcel 2 for a distance of 110 feet, more or less ,
to point of intersection thereof with the Northeasterly line of Section 27
as shown upon the map above referred to ; thence Northwesterly along the North-
easterly line of said Section 27 for a distance of 90 feet, more or less , to
the Westernmost corner of said Section 31 ; thence North 40°00' East along
the dividing line of said Sections 30 and 31 for a distance of 115.00 feet
to the point of beginning.
Reserving therefrom a non-exclusive easement for ingress and egress over the
Northwesterly 25 feet thereof; said easement is reserved as appurtenant to
and for the benefit of the remaining lands of the Grantor lying to the South-
west.
Parcel B - 5 foot street dedication, being the Northeasterly 5 feet of the above
described Parcel A.
Parcel C - 5 foot P. U. E. , S. S. E. and slope easement, being the South-
westerly 5 feet of the Northeasterly 10 feet of the above described Parcel
A
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D 028 PACE296
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D X28 PA
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 11 1977 from
BARRE L. BARNES AND WANDA J. BARNES
to City of Cupertino, a governmental agency, is hereby accepted by
order of the City Council on July 18 , 19 77 , and the grantee
consents to recordation thereof by its duly authorized officer.
Dated: July 21, 1977
fl Y
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By
17 4
Deputy City C erk
City of Cupertino
5'
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UP
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028 PACE298
RESOLUTION NO. 4512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF SLOPE EASEMENT FROM BARRE L. BARNES
AND WANDA J. BARNES LOCATED ALONG SAN JUAN ROAD; ASSESS-
OR'S PARCEL 342-18-023
WHEREAS, Barre L. Barnes and Wanda J. Barnes , Grantor, have executed a
Grant of Easement which is in good and sufficient form, conveying to the City
of Cupertino, Grantee, an easement for slope 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 .01 acre, located along San Juan Road; Assessor's Parcel
342-18-023;
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 he 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 18th day of Julv 1977, by the following vote:
Vote Members of the City Council
AYES: Jackson, Meyers, Nellis, O'Keefe, Frolich
NOES : None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Donald A. Frolich
Mayor, City of Cupertino
ATTEST: THIS IS TO 'CERTIFY''FH*i�,P.."!..� fN i
INSTRUMENT IS ATR ,,',t4;3f ,ORRECT COP`i
❑F THE ORIGINAL 0 a�FLIJE'iKd:,-*HF5 OFFICE.
ATTEST J, �` ' T`J 7 .7
CITY CLERK Q7 HE.CITY OF CU;P Nth l
/s/ Wm. E. Ryder
City Clerk 3y
00Y CLER}�
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D 028 PACE29
Exhibit "A"
Res. No. 4512
All that certain real property in the County of Santa Clara, State of California,
• described as follows :
Parcel A - Portion of Section 31 , as shown upon that certain map entitled ,
"Map of 9th Addition Monta Vista", which was filed for record in the Office
Santa Clara State of California, on April
de of the Count of a a ,
•f the Recorder y
11, 1917 in Book P of Maps , at Page 16, and more particularly described as
follows :
Beginning at the point of intersection of the dividing line of Sections 30
and 31 with the Southwesterly line of San Juan Road as said Sections and Road
are shown upon the map above referred to; thence from said point of beginning
South 43°15 ' East along the said Southwesterly line- of San Juan Road for a
distance of 91.00 feet to the point of intersection thereof with the North-
westerly line of Parcel 2 as said parcel is shown upon that certain map entitled
"Record of Survey for Delbert A. Goodwin, et ux," filed for record on March
24, 1964 in Book 175 of maps , at Page 32 ; thence South 37°49 ' West along the _
Northwesterly line of said Parcel 2 for a distance of 110 feet, more or less ,
to point of intersection thereof with the Northeasterly line of Section 27
as shown upon the map above referred to; thence Northwesterly along the North-
easterly line of said Section 27 for a distance of 90 feet, more or less , to
the Westernmost corner of said Section 31; thence North 40°00' East along
, the dividing line of said Sections 30 and 31 for a distance of 115.00 feet
to the point of beginning.
Reserving therefrom a non-exclusive easement for ingress and egress over the
Northwesterly 25 feet thereof; said easement is reserved as appurtenant to
and for the benefit of the remaining lands of the Grantor lying to the South-
west.
Parcel B - 5 foot street dedication, being the Northeasterly 5 feet of the above
described Parcel A.
Parcel C - 5 foot P. U. E. , S. S. E. and slope easement, being the South-
westerly 5 feet of the Northeasterly 10 feet of the above described Parcel
A
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