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E-845 Grant of Easement, United Polaris, LLC, APN 375-07-046, 375-07-045.. RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre A venue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27281 24001060 Regina Alcomendras Santa Clara County -Clerk-Recorder 08/10/2018 10:48 AM Ti lies: 1 Fees : 10 .00 Taxes: 0 .00 Total: 0 .00 Pages: 9 (SI'ACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT United Polaris, LLC., a California limited liability company ~ Original D For Fast Endorsement RECORDING REQUESTED BY: Bay Land Consulting AND WHEN RECORDED MAIL TO : Bay Land Consulting 2005 De La Cruz Blvd., Suite 165 Santa Clara, CA 95050 Documentary Transfer Tax: None APN 375-07-046, 375-07-045 SPACE ABOVE LINE FOR RECORDER'S USE GRANT OF EASEMENT United Polaris, LLC., a California limited liability company (hereinafter "GRANTOR"), for good and valuable consideration, receipt of which is hereby acknowledged, hereby grants to the City of Cupertino (hereinafter "City") a non-exclusive easement for sidewalk p urposes, together with the right, but not the obligation, to construct, repair, operate, and maintain any and all improvements which shall be or become necessary for the operation of the sidewalk. The easements being more part icul arly described in the iega\ descriptions attached hereto as Exhibit A , and Exhibit B, "Sidewalk Easement Dedication" and made a part hereof (the "Easement"). In furtherance of this grant, GRANTOR covenants that GRANTOR is the owner in fee simple of the Property and has good title to convey this Easement, and that GRANTEE shall quietly enjoy the easement. Grantor and Grantee understand and agree that Grantor may in the future undertake to redevelop, in whole or in part, the parcels on which the Property is located, in which event it may be mutually agreeable to relocate the Sidewalk Easement Dedication to a right of way owned by City and this Grant of Easement shall terminate upon City Council approval. In the event Grantor proposes such a redevelopment of Grantor's Property, and without in any way limiting City's discretion under the Streets and Highway Code or any other applicable law, the Parties agree to cooperate to identify such a mutually preferable location for such sidewalk. All costs of any sidewalk relocation shall be borne exclusively by Grantor. The provisions and covenants of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assign , and shall run with the Pro!)erty. IN WITNESS WHEREOF, GRANTOR has executed this Easement Deed this / 2-vl,.__ dayof ~ ,2018. -- Page 1 of 5 GRANTOR: By _A___,~ --ru.1q 7~ o ~ µ a.~ GRANTEE: City of Cupertino By :~o,- Bay Land Consulting Land Surveying and Civil Engineering 2005 De La Cruz Blvd., Suite 165, Santa Clara, CA 95050 Ph: 408-296-6000 Fax: 408-404-5579 Email: Surveyor@baylandconsulting.com June 17, 2014 EXHIBIT "A" SIDEWALK EASEMENT DEDICATION Tantau Avenue The following described real property in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel One and Parcel Two as described in Document Number 17256588, recorded on August 8, 2003, Santa Clara Clara County Records, said portion of lands are for the purposes of a 4 foot wide public sidewalk easement and being more particularly described as follows: COMMENCING at the southwest comer of said Parcel One, said Point of Commencement being at the intersection of the line dividing Lots 125 and 127 with the easterly line of Tantau Avenue, 60 feet wide, as said Lots and A venue are shown on that certain Map entitled "Tract No. 550, Loree Estates Unit No. 2", said Map filed January 3, 1949, in Book 22 of Maps, at Pages 4 and 5, Santa Clara County Records; Thence, along the said easterly line of Tantau Avenue, N00°23 'OO"W, 34.63 feet to the TRUE POINT OF BEGINNING, last said line being the Basis of Bearings for this description; Thence, continuing along said easterly line of Tantau A venue, N00°23 'OO"W, 4.00 feet; Thence, leaving said easterly line ofTantau Avenue, N89· 37'00"E, 14.97 feet; Thence, N00°23 'OO"W, 36.37 feet to a point on the northerly line of said Parcel One; Thence, N00°23'00"W, 9.56 feet; Thence, N21 °51 '42"E, 11.92 feet; Thence, N00°23'00"W, 74.62 feet; Thence, S 0 89'37"00W, 19.48 feet to a point on the said easterly line ofTantau Avenue; Thence, along said easterly line ofTantau Avenue, N00°23'00"W, 4.00 feet; Thence, leaving said easterly line of Tantau Avenue, N89°37'00"E, 23.48 feet; Thence, S00°23'00"E, 79.41 feet; Thence, S21 °51 '42"W, 11.92 feet; Thence, S00°23 'OO"E, 8.77 feet to a point on the northerly line of said Parcel One; Thence, S00°23'00"E, 40.37 feet; Thence, S89°37'00"W, 18.97 feet to the TRUE POINT OF BEGINNING The above described easement containing 699.7 square feet, more or less, and being the same as shown on the attached plat entitled "EXHIBIT "A-1 ", by mention hereby made a part hereof; END OF DESCRIPTION Page 2 of 5 JUDY A VENUE N 00•23'00" 'w 131.05' 75.00' PAR CEL TWO R 0 s 870 M 25 DOC. NO. 17256588 APN 375-07-046 ~ ...J w (D .. '0 I: ~ Mo 0 4• WIDE PUBLI C -, 0 w ci""II' • SIDEWALK EASEMENT w -"'II' l"-0~ 0::: ru. oo 699.7±SF (.) (J\ bd~ ? (X) O> NI") (/) z 1111 11 La.I C) ' z co:: ...I C) o, ~ J 0 ' ...... j:...' ~°' w 1--~(X) (/) 95,22 00.23'00" E 131 ,48' LINE TABLE 0 t") (!) L1 I N00"23'00"W 4 .00' z z L2 N89"37'00"E 14.97' z Noo•23'0011·w 9.56' S. TANTAU AVENUE (3 L3 LI.I m L4 N21 "5 1 '42"E 11.92' (60' WIDE) b LL r 0 LS S89"37'00"W 19.48' I- L6 N00"23'00"W 4.00' z 0 a.. L7 S21 "5 1 '42"W 11.92' w ::::> LB soo·23·oo"E 8.77' ~ BAY LAND CONSULTING EXHIBIT 'B' LAN D SURVE YORS /C IVIL ENGIN EE RS 2005 De L o. Cruz Boulevo.rd, Su it e 165 So.nto. Cl o.r o., Co.ll for n lo. 9 5050 Phi (408 ) 296-6000 F AX1 (4 08) 4 04-5 5 79 PLAT TC ACCOMPANY LEGAL DESCRIPTION 4' WIDE PUBLIC SIDEWALK EASMENT c.o 'SI-n+ ro~ r..o 2 '"": r..o 2 f--0 f--ON IO ON _j N N _J N 3: 0 0 ....... r> O> LO N N'S!-Cl) .-2 rof ~~ ~ 2 f-- f--0 N ON _JN _J (',J 1-z La.I ~ w (.) z w ::::!: ~ 0 (.) LL. 0 1-z 0 a.. :::::a: 22 <=T SCALE: 1"=30' JCB NC. 14015 DATE• 06/13/14 DRAWN BY• MC PG 1 OF 2 V) 4-, 0 (""") <I) ~ p., Bay Land Consulting Land Surveying and Civil Engineering 2005 De La Cruz Blvd., Suite 165, Santa Clara, CA 95050 Ph: 408-296-6000 Fax: 408-404-5579 Email : Surveyor@baylandconsulting.com June 17, 2014 EXHIBIT "B" SIDEWALK EASEMENT DEDICATION Judy Avenue The following described real property in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel One and Parcel Two as described in Document Number 17256588, recorded on August 8, 2003, Santa Clara Clara County Records, said portion of lands are for the purposes of a 4 foot wide public sidewalk easement and being more particularly described as follows: COMMENCING at the southeast comer of said Parcel One, said Point of Commencement being at the intersection of the line dividing Lots 66 and 68 with the westerly line of Judy Avenue, 60 feet w ide , as said Lots and Avenue are shown on that certain Map entitled "Tract No. 550, Loree Estates Unit No. 2", said Map filed January 3, 1949, in Book 22 of Maps, at Pages 4 and 5, Santa Clara County Records; Thence, along the said westerly line ofJudy Avenue, NOO· 23'00"W, 43.16 feet to the TRUE POINT OF BEGINNING, last said line being the B as is of Bearings for this description; Thence, leaving said westerly line of Judy Avenue, S89 · 37'00"W, 20.03 feet; Thence, N25°23'I3 "W, 10.21 feet; Thence, N00°23 'OO"W, 22.59 feet to a point on the northerly line of said Parcel One; Thence, N00°23'00"W, 99.4 7 feet; Thence, N89°3 7'00"E, 24 .34 feet to a point on the said westerly line of Judy Avenue; Thence, along the said westerly line of Judy Avenue, S00°23'00"E, 4 .00 feet; Thence, leaving said westerly line of Judy Avenue, S 0 89'37"00W, 20 .34 feet; Thence, S00°23 'OO"E, 95.47 feet to a point on the northerly line of said Parcel One; Thence, S00°23'00"E, 21.70 feet; Thence, S25 °23' 13 "E, 6. 77 feet; Thence, N89°37'00"E, 17.48 feet to a point on the said westerly line of Judy Avenue; Thence, along the said westerly line of Judy Avenue, S00°23 'OO"E, 4.00 feet to the TRUE POINT OF BEGINNING The above described easement containing 676.9 square feet, more or less , and being the same as shown on the attached plat entitled "EXHIBIT "B-1", by mention hereby made a part hereof; END OF DESCRIPTION Page 4 of 5 "tl p) (IQ (1) V, 0 ...., V, N 00.23'00" \J S. TANTAU AVENUE N ' rvO ~ ~~ ..p,.N '-....I N , NO ~~ CJ) ..p,. co N, NO ~ ~ -i,..D; )>C, (/) "'O O "'O z () )> (XI • :;o «? v,I z () v,I -...J O rr, -"'~ __ yi_._r_ o O -"O q .......i.......iz 75.00 :E I ~ rr, ~ 0> c,, \ L2 I\) N , (J1 (J1 CO ~\.. ~ (J1 NO ()) '° '" 9 ~ Ol cJru ~ L5 _.. ~ "":!o \..: u m o · r --rr, 131.48' )>-u (/)C rr, CD :i:: r PARCEL TWO rr, -.Ji. z () -DOC. NO. 17256588 -I (/) :§ APN 375-07-046 0>00 -...J rr, rr, O> =E co)> R 0 s H-r 870 M 25 Cl) A -;rt z N 00.23'00" \J 99.47' (X) "° • ruw -11,.-...J r ~wd ~N •o • -i,.. m o~J~ -...J LB C:' ----~--4_3.16_' _ 27.84· ~~ . § I"-= Noo·2a·oo"v I 75,oo· ~'~ 95,47' --- S oo•23'00" E 131.05' :i:: ~ ::d rr, Z C ~ -I rr, rr, 0 "'O ;::: "'T'J 0 rr, -z z -I -I 0 ,, CD rr, G) z z z G) BAY LAND CONSULTING LAND SURVEYORS/CIVIL ENGINEERS 2005 De Lo. Cruz Boulevo.rd, Suite 165 Santo. Clara, California 95050 Phi (408) 296-6000 FAX1 (408) 404-5579 w C) ' -I w C) ' JUDY AVENUE (60' WIDE) EXHIBIT 'B' PLAT TD ACCOMPANY LEGAL DESCRIPTION 4' WIDE PUBLIC SIDEWALK EASMENT fz\ 22= z ::LE: 1"=30' r :::oa (X) II II II "° vi I\) U) •ru en ~00 .Ji.--I ~od ~o rr, ,_ ~ ow .o.......i 0' 0 .. z 0 l"1 en • C () r:::o II ::::0 rr, II II~ rr, vii\) • A ..... oc.n L.i· vi CD 0)00 r .00 < I 0 31.58~ _.,,,,- LINE TABLE L1 N25"23'13nW 10.21' L2 N00"23'00"W 22.59' L3 S00"23'00"E 4.00' L4 S89"37'00"W 20.34' LS S00"23'00"E 21.70' L6 S25"23'13"E 6.77' L7 N89"37'00"E 17.48' LB S00"23'00"E 4.00' JOB ND. 14015 DATE• 06/13/14 DRA\JN BY• MC PG 1 OF 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or valid itv of that document. State of Ca~ornra ~ / //,,.,, County of ~-vv1vz,,µ On (h,,,;L, /J ,Po I ,:[ before me~?r.J~~ {rt h1:,, f}v ~ jk.-1::,/,'e,, (insert name and title of the officer) personally{ppeared ...;\,__,_'-'--"t..::.+-·-=-J'_.::~-=:::...._-1--=.L.>:::1-------------- who proved to me on e basi of satisfactory evi ence t be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 t he instrument. I certify under PENAL TY OF PERJURY unde r the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _1l-::==....L..------------- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of 0 ~ (~ } On ,J~ ?-~1 JDlf before me, JUMA ~!J~~~~eana~~ Pub ~ personally appeared \l ~\J-..llllA_ €;n..~£1'\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -------·-I. JULIA KINST ~ Notify Pllbllc • C1lifornl1 , ' Santa Cllra.C~ ,. Commla1lon # 2117456 , , , lhi Cofflnl . E1D1ru.J.in 25. 2021 l '. . . INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be comple ted and attached to the do cument. Acknowledgments r. . t ~ from other states may be completed for documents being sent to th at state so long ~V iP~ c-~ as the wording does not require the Ca lifornia notOI)' to violate California nota,y \1.,flµ:k,,{> ~ law . (Title or description of attaclied document) • State and County information must be the State and County where the document ~N~ 2 :rs , 0 '1-, 6% 3"'1$' ,0 1-. o\f-~ signer(s) personally appeared before the notary _public for acknowledgment. [l!. . . J , • Date of notanzatton mu st be the date that the s1gner(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed, r-<'l. r ~ 1 o,-• The notary public must print his or her name as it appears within his or her Number of Pages _::J_ Document Date J · ' 0 commission fo ll owed by a comma an d then your title (notary public). CAPACITY CLAIMED BY THE SIGNER bf Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other _________ _ 2015 Version www,NotaryCJasses ,cc.im 800-873-9865 • Print the name(s) of document signer(s) who personally appear at the time of notarization . • Indi cate the correct singul ar or plural forms by crossin g off incorrect fonms (i.e . he/she/they;-is /file) or circling the correct fonms. Failure to correctly indicate thi s information may le ad to rejection of document recording. • The notary seal impression must be clear and photographically re producible . Impress ion must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise com pl ete a different acknowledgment fo rm . • S ignature of the notary public must match the signature on file w ith the office of the county c lerk. •:• Additional information is not required but could help to ensure th is acknowledgment is not mi sused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the s igner. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document w ith a stap le. "NO FEE" 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 12, 2018 from United Polaris, LLC., a California limited liability company to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 3, 2018 By: , Kirsten Squarcia Deputy City Clerk