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E-862 Grant of Easement for Roadway Purposes 10495 S. De Anza Blvd, APN 359-17-023 24310451 Regina Alcomendras Santa Clara County - Clerk-Recorder 10/22/2019 02:20 PM RECORDING REQUESTED BY: Titles: 1 Pages: 7 Fees: 0.00 City Cit of Cupertino Taxes: 0.00 � p Total: 0.00 mill F.1113NVIIWA h[ WON UY,lh',01,11J k"'), tl III WHEN RECORDED,MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 GRANT OF EASEMENT FOR ROADWAY PURPOSES 10495 S. De Anza Boulevard APN 359-17-023 O Original 71 For Fast Endorsement i GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 359-17-023 10495 S De Anza Boulevard, Cupertino, CA 95014 BDC Atwater Shops L.P., a California limited partnership, hereby grant to the CITY OF CUPERTINO, a California municipal corporation, an easement for public road purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and I i public improvements in, on, under, along and across the real property described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa Clara, State of j California. IN WITNESS WHEREOF, executed this day of 52019. BDC Atwater Shops L.P. a California limited partnership By: Browman Development Company, Inc., a California corporation, s general partner a Brow esident City of Cupertino: I Roge ee Director of Public Works (Notary acknowledgment to be attached) EXHIBIT "A" EASEMENT FOR ROADWAY PURPOSES APN: 359-17-023 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows: That portion of the 0.512 acre (net) parcel of land shown on the Record of Survey filed on June 9, 1965 in Book 195 of Maps, at Page 37, Santa Clara County Records, being more particularly described as follows: Beginning at the Southwest corner of said parcel of land; thence from said POINT OF BEGINNING, along the westerly boundary thereof, North 00°03'05" West, 2.00 feet; thence, leaving said westerly boundary, parallel with the southerly boundary of said parcel of land, also being the North line of McClellan Road, North 89054'55" East, 25.90 feet; thence, leaving said parallel line, along a non-tangent curve to the left, having a radius of 149.62 feet, the radius point of which bears North 12051'27"West, through a central angle of 27058'19", with an arc length of 73.04 feet; thence North 47021'17" East, 65.94 feet to the westerly line of the Sidewalk Easement described in the document recorded in Book K915, Page 979, Official Records of Santa Clara County; thence, along said westerly line, South 00003'05" East, 8.15 feet to the northwesterly line of the Street & Public Utility Easement described in the document recorded in Book K231, Page 1551, Official Records of Santa Clara County; thence, along said northwesterly line, the following two(2)courses: (1) South 47021'17" West, 60.43 feet; and (2) along a tangent curve to the right, having a radius of 122.00 feet, through a central angle of 32010'41", with an arc length of 68.52 feet to said southerly boundary and North line; thence, along said southerly boundary and North line, South 89054'55" West, 34.00 feet to the POINT OF BEGINNING; containing 832 square feet, more or less. The above described easement is graphically depicted on Exhibit "B" attached hereto and made a part hereof. This description was prepared by me or under my direction pursuant to the California Professional Land Surveyor's Act. 52ti Date: 9 John E. Klamm, L.S. 7375 Expires: December 31, 2019 �C5 sG�L a No. 7375 A * Exp. 12-31-19 0F CAS \� PARCEL ONE 326 MAPS 53 — — � o F3' STREET & PUBLIC I O UTILITY EASEMENT aC PER K231 O.R. 1551 LU 8' SIDEWALK EASEMENT I J PER K915 O.R. 979--d a IL I 11- 63' w z APN: 3 59-17-023 � I S00'03'05"E 8.15' pip ' 195 MAPS 37 C,�t s �o`'' CD a w ;� ROADWAY ��1 G0. Z EASEMENT �l. ,,A\ �G a a LO �3 (832f S.F.) �� ,�1 J��'��h�` 60' cn °'o Sri N o 61� O I z c i R� w (N00 01 00 W) Z $49 N00'03'05"WD,215 2.00' Q O — ILLPOINT OF 34.00' R=122.00' BEGINNING N89'54'55"E a=32'10'41" L=68.52' (N89'57'00"E) P McCLELLAN ROAD LEGEND: BOOK 195 OF MAPS, AT PAGE 37 . . . . . . . . . . ( ) OAP` LAN, k4'9 sG� N L No. 7375 A CL * Exp. 12-31—19 0 20' 40' ,n�, W E 9�, •� off? F OF CAL�� 111 = 40 9�3�19 r EXHIBIT "B" 1"=40 SCALE: 2250 Douglas Blvd. EASEMENT FOR ROADWAY PURPOSES ' w Suite 150 DATE: zRoseville, CA 95661 PORTION OF 195 MAPS 37 08/22/2019 w Ph:916.788.2884 CITY OF CUPERTINO, 1=ox:91s.788.4408 COUNTY OF SANTA CLARA, CALIFORNIA SHEET OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ed A/TieA C 65Ed ) On AU bU.ST.90, ZD l q before me, L-OR l sl-6-1-7-DA-/ OT-,Pfiey PO eZ-/ L Date Here Insert Name and Title of the Officer personally appeared D if ie ie Y L— ee D wm d9&l Name(s) of Signer(s) 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORISKELTON WITNESS my and and official seal. Notary Pubtic—California = Contra Costa County / Commission#22222117 ec 6,2 My Comm.Expires Dec6021 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 8 v C Cu ioe rPT/A/D 4--P. Title or Type of Document: G red N D F 6-145 e014CN 7- • 191N . 3 S�I-/ 7 -dZ3 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 Santa Clara On Sip 4. 2Y, 24119 before me, Kirsten Squarcia ,Notary Public, (Here insert name and title of the officer) personally appeared 149-o"j e, '( e who proved to me on the basis of satisfactory evidence to be the person�4 whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the persons f acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. f(IRSTEN SQUARCIA }sNotary Public-Callrprnia ` Santa Clara County g Commission M 2257322 - 1_ My Comm.Expires Ckt 4,2022 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACKED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. - State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(S) he/she/the}L is Awe)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). - Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.-Ali Rights Reserved www.TheProLinkcorn-Nationwide Notary Service i "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 AuQO,sE moo, 2,08from BDC Atwater Shops L.P., a California limited partnership to the City of Cupertino, a municipal corporation, is hereby accepted by the undersigned on behalf of the City Council of the City of Cupertino pursuant to authority conferred by Resolution No. 11-175 of the City Council adopted on October 4, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: r' By: Roger Lee Public Works Director i