CC Resolution No. 6993
RESOLUTION NO. 6993
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 BLVD, A.P,N. 359-08-008.009
CONSISTING OF APPROXIMATELY 0.0246 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 Cuper-
tino, 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 "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
approximately 0.0246 acre, located on the south side of Stevens
Creek Boulevard west of De Anza Boulevard. (A.P.N. 359-08-008, 009)
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 she 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 on the 6th day of October , 19~, by the following
vote:
Members of the City Council
AYES:
Gatto, Johnson, Plungy, Sparks, Rogers
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
APPROVED:
I Q / f\n.'I""otb.y Corge] iJJ Ii
City Clerk
/s/ Barbara R02crs
Mayor
GRANT OF EASE~ŒNT
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 which are situate in the City of Cupertino, County 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 lawful act in connection ¡'lith 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 foll~wing 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 WITIŒSS WHEREOF, said parties have
Easement this 14 day of
of
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(Notary acJCl1o~lledgment
to be attached)
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, known to me
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¡lITNESS ~ and official
OFFICIAL SEAL I
tvI~ fER SCHER
¡K>TARY FUBLIC . CALIF, .
FRINC'?AL OFFICE IN
S '.NT A CLA!t~ COUNTY
My Comm. Exp. !':':: .4~ ~9!! _~
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ARO'" POIESS "'OIlM NO.7
¡gnalure
Name (Typed or Printed)
(Thi..r..fo.rolleill notarill nil)
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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 One of that certain tract of land conveyed to
Allan G. Byer et ux, by deed recorded in Book H240 of Official Records at
page 559 Santa Clara County Records, more particularly described as follows:
Beginning at the northeasterly corner of said Parcel One, said Point of
Beginning also being on a line parallel and distant 75.00 feet southerly
from the monument line of Stevens Creek Boulevard;
Thence westerly, along said parallel line and the northerly line of said Parcel
One, South 89° 58' West, 140.00 feet to the northwesterly corner of said
Parcel One;
Thence southerly, along the westerly line of said Parcel One, South 0° 02'
East, 12.89 feet;
Thence easterly, leaving said westerly line, South 88° 45' 40" East, 29.73
feet to a tangent curve, concave to the north, having a radius of 75.00 feet;
Thence easterly and northeasterly 21.95 feet along said curve through an angle
of 16° 46'09",
Thence northeasterly, along a tangent line, North 74° 28' II" East, 21.40
feet to a tangent curve, concave to the south, having a radius of 62.00 feet;
Thence northeasterly and easterly 18.15 feet along said curve through an angle
of 16° 46' 11";
Thence easterly, along a tangent line, South 88° 45' 37" East, 50.02 feet to
a point on the easterly line of the aforesaid Parcel One;
Thence northerly, along said easterly line, North 0° 02' West, 4.00 feet to
the Point of Beginning.
Containing 0.02.4'"- 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 and contiguous to the street and public utility easement described
above; as shown on the attached plat which is by this reference made a part
hereof.
Said fifteen foot Temporary Construction Easement to expire one year from the
date of execution of this document.
Containing 0.046" acres, more or less.
APN 359-08-008, 009
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PLAT TO ACCOMPANY
LEGAL DESCRIPTION
STREET t:1l1á PU.dlIC
UTILITIES EASEME.NTS
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A.P. II. 3S3-(1j- 008 00.9
DATE
4.'26'~&
SCALE
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JOB 85"08'" Z
SHEET NO.
f KIER & WRIGHT
.' CMlENCINEERS&SU1IVEYOItS,INC.
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