CC Resolution No. 6994
RESOLUTION NO. 6994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES
FROM ALLAN G. BYER AND MARIAN BYER
LOCATED SOUTH SIDE OF STEVENS CREEK BOULEVARD WEST OF DE ANZA BOULEVARD
A.P.N. 359-08-014; CONSISTING OF APPROXIMATELY 0.0269 ACRE
WHEREAS, Allan G. Byer and Marian Byer, Grantor, have executed a Grant
of Easement which is in good and sufficient form, conveying to the City of
Cupertino, Grantee, an easement for public utility 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 "BI!,
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 ap-
proximately 0.0269 acre, located on the south side of Stevens
Creek Boulevard west of De Anza Boulevard; A.P.N. 359-08-014.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept
Grant so tendered; and
IT IS FURTHER RESOLVED that the
to record said Grant of Easement and
PASSED AND ADOPTED at a regular
of Cupertino of the hth day of
vote:
said
City Clerk be and she is hereby authorized
this Resolution.
meeting of the City Council of the City
October , 19~, by the following
Members of the City Council
AYES:
Gatto, Johnson, Plungy, Sparks, Rogers
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
APPROVED:
/~/ Onrnt'ny..r.nrnpliI1Q
~~arbara.RnEprq
Mayor
City Clerk
GRANT OF EASENENT
ALLAN G, BYER
AND MARIAN BYER
,
hereinafter called Grantor, 11ereby grant to the CI'ry OF CUPERTINO,
a municipal corporation, hereinafter called Grantee, the right to
excavate for, install, replace (of the initial or any other size),
maintain and use for public utilities as Grantee shall from time to
time elect within the hereinafter described property of those certain
premises 11hich are situate in the City of Cupertino, COW1ty of Santa
Clara, State of California, and described as follows:
(Description Attached)
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, maintainin~, or replacing said
public utilities or appurtenances thereto, and for the purpose of
doing any necessary or lm/ful act in connection I'¡ith the construc-
tion or maintenance of said public utilities; 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 public utilities, 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 grad~· or condition insofar
as it is practicable and reasonable to do so.
IN WITNESS ¡-¡HEREOF, said
Easement this 29 day of
executed this Grant of
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(Notary ackl1o~¡ledgment
to be attached)
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eneral
TlTE OF CALIFORNIA
Santa
Clara
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:OINTY OF
)0 September 29, 1986
¡tart-'. pt·r,.onally appeared ALLAN G.
before me, the undersigned. a Notarl Public in and for said
BYER and MARIAN BYER
(
{
In ht· rhe person ~ whfl~f" name S are suhscrilwd
tu Ihe within instrument and acknowledged that__they
('"pcured the same.
. known to me
WITNESS
my hand-..and official seal
~ I .
/ 1
Meyer\Scher
OFFICIAL SEAL
M::YER SCHER
NOTARY PUBLIC. CALIF.
PRINC:?AL OFFICE IN
~ANTA CLARA COUNTY ~
. m. E:rp. Dec.., 1989 ..;
Signature
~
Name (Typed or Printed)
BA"O.. "'!'lESS FOl'''..., "0. 7
(This area for oflleill notarial Stll)
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LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California described as follows:
Being a portion of Parcel "A" as said parcel is shown upon that certain Record
of Survey recorded in Book 238 of Maps, at page 3, Santa Clara County Records,
and being more particularly described as follows:
Beginning at the northeasterly corner of Parcel "A", said Point of Beginning
also being on the southerly line of Stevens Creek Boulevard (75 foot half-
street) as both corner and southerly line are shown on said Record of Survey;
Thence southerly, along the easterly line of said Parcel "A", South O· 02' 45"
East, 12.89 feet;
Thence westerly, leaving said easterly line, South 88· 44' 55" West, 70.29
feet to a tangent curve concave to the north having a radius of 53.73 feet;
Thence northwesterly 11.97 feet along said curve through an angle of 12° 45' 50";
Thence northwesterly along a tangent line North 76· 00' 35" West, 31.07 feet
to a tangent curve concave to the southwest having a radius of 71.23 feet;
Thence northwesterly and westerly 17.76 feet along said curve through an angle
of 14° 17' 02" to a point on the northerly line of Parcel "A" and the southerly
line of Stevens Creek Boulevard as both are shown on said Record of Survey;
Thence easterly tangent to last said curve and along said southerly line of
Stevens Creek Boulevard North 89° 57' 15" East, 129.83 feet to the Point of
Beginning.
Containing 0.0269 acres, more or less.
Together with a fifteen foot (15') Temporary Construction Easement, for the
purpose of installation of public improvements and public utilities, lying
southerly of and contiguous to the line described as follows:
Being a line lying within a portion of Parcel "A" as said parcel is shown upon
that certain Record of Survey recorded in Book 238 of Maps, at page 3, Santa
Clara County Records, and being more particularly described as follows:
Beginning at the northeaaterly corner of Parcel "A", said Point of Beginning
also being on the southerly line of Stevens Creek Boulevard as both corner and
southerly line are shown on said Record of Survey;
Thence southerly, along the easterly line of said Parcel "A", South O· 02' 45"
East, 12.89 feet to the TRUE POINT OF BEGINNING of this description;
Thence from said TRUE POINT OF BEGINNING westerly, leaving said easterly line,
South 88· 44' 55" West, 70.29 feet to a tangent curve concave to the north
having a radius of 53.73 feet;
Thence northwesterly 11.97 feet along said curve through an angle of 12° 45' 50";
Thence northwesterly along a tangent line North 76° 00' 35" West, 31.07 feet
to a tangent curve concave to the southwest having a radius of 71.23 feet;
Thence northwesterly and westerly 17.76 feet along said curve through an angle
of 14° 17' 02" to a point on the northerly line of Parcel "A" and the southerly
line of Stevens Creek Boulevard as both are shown on said Record of Survey;
Thence westerly along said southerly line of Stevens Creek Boulevard, South
89° 57' 15" West, 10.00 feet to the terminus of this description.
Containing D.04ÚJ9 acres, more or less.
Said Temporary Construction Easement to expire one year from the date of
execution of this document.
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