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10. Grant of Easement 10430 Calvert Dr~, s ~~ -~ ~~ RESOLUTIOrv NO. 09-034 A RESOLUTION OF THE CITY COU1~fCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR STREETLIGHT PURPOSES FROM BILL SULLIVAN, 10430 CA.LVERT DRIVE, APN 375-18-003 WHEREAS, Bill Sullivan, has executed a Grant of Easement for Streetlight Purposes, which is in good and sufficient forni, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property situate at 10430 Calvert Drive, APN 375-18-003, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. 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 and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of March, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino ~o-~ GRANT OF EASEMENT FOR STREETLIGHT PTTRPOSES APN 375-18-003 10430 Calvert Drive Bill Sullivan grants to the CITY OF CUPERTINO for streetlight purposes, together with the right to construct, repair, operate, and maintain any and all improvements which shall be or become necessary for operation of the streetlight, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and is described as follows: (See Exhibit "A" 8c "B"~ IN WITNESS WHEREOF, executed this Z`l day of ~~ -~~. ~ -~ , 2009. Owners: /~/`'~ Bill Sullivan (Notary acknowledgment to be attached) io-z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~-/~`~a ~~~ r q- /~ ( _ ~t-~ 1~ - On Z Z~ - ~~ before me, CRI-~'~l~ .mil-(2Q--~ , ND-1-~L11~ X1'1-C~v~ ~L L Date C ,n Here Insert Name antl Title of the Officer personally appeared ~~~ ~ SQL ~ ~yl~-r 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 witFlin instrument and acknowledged to me that he%;he/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 whil~h the person(s) acted, executed the instrument- CARRIE ALTIER Commission ~ 1823499 y Notary Public -California i Santa Clara County M Comm. Ez fires Nov 20, 2012 Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wll-NESS m~h(~an~d a/nQd offici seal Signature ~"`-'(-'L`"'~ Signature of Notary Public OPT/ONAL Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document and cou/d prevent fraudulent removes/ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer -Title(s): O Corporate Officer -Title(s): O Partner - O Limited O General _ _ _ p Partner - ~ Limited O General _ _ ~ Attorney in Fact O Attorney in Fact • - 0 Trustee Top of thumb here ~ TfUStee Top of thumb here ~ Guardian or Conservator O Guardian or Conservator D Other: O Other: Signer Is Representing: Signer Is Representing: ®2007 National Noiary Assoriation • 9350 De Soto Ave., P.O. Box 2402 • ChatswortF,, CA 97313-2402 • www.NationalNotary.org liem N59o7 Reorder. Call Toll-Free t-600-676-6827 10-3 Exhibit "A" Legal Description of Grant of Easement for Street Light Purposes Over 10430 Calvert Drive Cupertino, California All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a five foot strip of land, adjacent to, and coincident with, the northerly boundary of that certain Lot 170, as shown upon that certain map entitled "Tract 1004", which was filed for record in Book 40 of Maps, at Pages 29 and 30, on September 10, 1952, in Santa Clara County Records, and being more particularly described as follows: Beginning at the northeasterly corner of said Lot 170, thence along the northerly line of said lot, South 89°37'00" West, 100.16 feet, to the northwesterly corner of said Lot 170, said point being on a curve, concave to the west, having a radial bearing of South 82°47'01" East, and a radius of 260.00 feet; Thence, along the westerly boundary of said Lot 170, and southerly along said curve, through a central angle of 1 °06'47", an arc distance of 5.05 feet, to a point on aline parallel, and 5.00 feet distant, measured at a right angle, with the northerly boundary of said Lot 170; Thence, along said parallel line, North 89°37'00" East, 100.88 feet, to a point on the easterly boundary of said Lot 170; Thence, along said easterly boundary of said Lot 170, North O°20'15" West, 5.00 feet, to the POINT OF BEGINNING. Containing an area of 503 square feet, more or less. End of Description. This legal description was prepared on January 26, 2009_ By: Giuliani & Kull, Inc_ -_~-. fir: ~.~:;~Q-~ ;ir-~~_*-_ mss`-_ //I/7~ ~~ ~'L ~ L~i+. ~ 'sr~ ~ i~_ i~ ! :> Mark A. Helton, L_S. No. 7078 - _ Expiration Date: 12/31/1 O `~-~$=t. ~ ~'~ -~~' ,o-a 4~ 3s- ~R. 3~ 'p~2~ ~~o- C,q L V `3 48 -• --~ =54'53'36" R=142.80' L-136.81 3/ d' 16'77;38,. .l ~ ~ 0p' L=65.41'. 1~i ~ 0 1W l~ R= 112.80'/ )^' / v- - -_ .- - L= 11.7 ~-( R=260009" ~ ~ ~ `L=39.45' ~ ~ LEGEND ~ ~' - CENTERLINE I ~ = 1 06'47" R=260.00' - - PROPERTY L/NE I L = 5.05' ~ '. - I ( ) RECORD DATA (TR. 1004 - 4D M 29) I - ~~ EASEMENT ~~ '~ co rn or °o oI .. 1~ 5' UT/L/TY EASEMENT FOR I %" ' STREET L/G'HT PURPOSES ~o LAND ~,G oI (503.f S. F.) ~ L-' . ~,~5 X4,6 A. xtrlJo ~~ ~1 ro '` % ~ o a rn i~ •. I ~ NO. L7078 57~. 12-31-10 ~ Z ~~/~ o~ ma ~~ Z . ' ~ SCALE: 1 "=20' 9a~' OF CALl~~¢ I I ~~'. 5.00' ~~ "/ I PO/NT OF BEG/NNING NOO 20'15 "W (50.00) 50.01 ' EXHIBIT "B " rt~Giu11SII1 ~ gull Inc_ SCALE:_ 1"=20' PLAT TO ACCOMPANY ~ ~ DATE: 1-26-09 LEGAL DESCRIPTION ' DF2AWN: E.T. GRANT OF EASEMENT FOR 4880 stevens Creek 61vd. Suite 205 San Jose, CA. 95129 cr-iECKE~: M_H. STREET LIGHT PURPOSES (408) 615-4000 Fax (408) 615-4004 JOB NO.: 08129 10430 GALVERT D16~1~/E Auburn • San Jose s Oakdale SHEETS: 1 of ~ CUPERTINO, CALIFORNIA DRIVE t~~2008~08129\dwg\08129p1nt.dwg 1/21/2009 1L0040 AM PST ----. i a` N ~~ .. ~, y-~~,~g„,p .. . '.L,4 r ~ ~,. a ~ ~ ~ ~ Ff•I~ ~.. ~tr.• ~~ i ds .:~_. Ldp `~~ ~L ` lJ t~ W~~ ,~~, W . ~ ~~~-; . ~. r* ?, ,: ;~ ~~~ ~ *, ,~; ,J ~ ~~~ ~r' ~ 1. w .~ d ~ °'R~ r MM ,~Ita1r, 1 F~,,, .~,~p r A .A ~ . ,. i 1" , ~ ~ a ~ ~i!°"~k ~t ~y', ~ ~~kwr ,y~ ~~~{_yiy ~ ~ ~9 3 ~ . r.. ., ,t . t.~ ,'. 4 tR ~ 4fi.; ~b~ i ,yyci~yy~„~P,(~'~ y~.'~''~' Y 1 d ,~ ~'.'`_~ jy 'C~`.:..~ ~IG+';~', y ~ ^J ` a a a r ~, ~,~ Adopt a resolution accepting a Granrof Easeme~~r ror ,~~e~~Light ~~` ~~r~~ ~, ~ ~ ` r {r .° `~° ~~" ~~, ., ,~ `Purposes,10430 Calvert Drive, APN 375-18-003, ~~,~ µ ~~~k ~. The property owners of this residential development agree to grant ~ A~~a ?~ ~, ,,~ to the City an easement for streetlight purposes, together with the ~~' ~ ~~ ~"~«~ y, ~"',, ~' ,~ ', right to construct, repair, operate, and maintain any and all t ~~~`~ ;,~ ~~~~ ~; r~~,~,, . ~~ r~.; -.. ~ ,~R. ~: improvements which shall be or become necessary for operation of ~~.~,~ ~ ,,~ ~4L the streetlight, over a portion of the property, - _~ ,.~r:"' i~l a "'~+L~y, a ~ 4' ~,', ~' y~M~ X'^ w 1 i ~ 'gq +~~~~ tel. ", ~ ••--+~. ~ ~5 ~~~. ~ ~ ~~f'~~,.11'+` ~ M ~ ¢~~} ~ t p . Y `.~ ~' ~~ •. ~•~~Y 'fix }., ~. ~i iRr. ,~ ~. ~~ ~ y~F r:, t .; _. a' -~~ ~.~' S ~. a - .Jtt - v r` { ' 1 d 'f~ j t r _. ^ ~ 4 r'? ', ' n iF. ~~ , .._~i~ ~ 1~ ! 1 ~r H, ~~t R~, ~~ ~ ~~~~~ ~ yt~. ~' HA~Ar .~~ _ ~