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14. Grant of easement 10679 Minette Pl.~ ~ > > 1 ~ ~ f~ ~ _~ ~a ~,- ~. RESOLUTIO=I~T NO. 09-068 A RESOLUTION OF THE CITY COUPICIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR UNDERGROUND PUBLIC UTILITY AND STREETLIGHT PiIRPOSES FROM WENSHEN YU AND JUDY YU, 10679 MINETTE PLACE, APN 375-32-039 WHEREAS, Wenshen Yu and Judy 'Yu, have executed a Grant of Easement for Underground Public Utility and Streetlight Purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for Underground Public Utility and Streetlight Purposes situate at 10679 Minette Place, APN 375-32--039, more particularly described in Exhibit "A", 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 tree City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a reguhir meeting of the City Council of the City of Cupertino this 5th day of May, 2009, by the following vote: Vote Members of the City Council AYES: - NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 14-1 GRANT OF EASEMENT FOR UNDERGROUND PUBLIC UTILITY AND STREETLIGHT PURPOSES APN 375-32-039 10679 Minette Puce Wenshen Yu and Judy Yu, husband and wife as ioint tenants, hereinafter called Grantor, hereby grants to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, and the Grantee's successors and assigns, the right to excavate for, install, maintain and use an underground PUBLIC UTILITY EASEMENT and an EASEMENT FOR STREETLIGHT PURPOSES as Grantee or Grantee's successors and assigns shall from time to time elect within 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") Grantor hereby further grants to Grantee, and Grantee's successors and assigns, 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 or maintaining said underground PUBLIC UTILITY EASEMENT and EASEMENT FOR STREETLIGHT PURPOSES for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENTS; 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 EASEMENTS and any repair thereof. The foregoing is subject to the following express conditions: The Grantee, and Grantee's successors and assigns agree 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 WTI`NESS WHEREOF, executed this l~day of ~}~~ /~ ~ , 2009. Owners: Wenshen Y Judy Yu (Notary ack~xowledg~~sent to be attached) is - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California~ /~ /'~ ,/ ~J~) A County of ,,ppE? f3-7 W l 7ff- l/(~/Q (~-/7~ .~(~ ~ /~~~ On ~ '_ ~ L~ -OC. ©{~~ before me. S~ VD ~- T' ~, ~ ~y~-. '/~/t/ (Yt'" ~~ ~~ t~L j L Date -~-~ / '1 y,_~ q . Here Insert Name anG Title of the O`ffic'er personally appeared ~ C /V ~ LO (`'_ A~ ~ N ~ ~~ ~ `7 -7 u ' Name(s) of Inner$ (s) who proved to me on the basis of satisfactory evidence to be tl~e person(s) whose name(s) is/subscribed to the within i rument and acknowledged me that he/she he _executed the same in h's/her heir uthorized capacity ies), and that by his/he their'signa ure(s) on the instrument the person(s), or the ntity upon behalf of which the person(s) acted, executed the instrument_ _ sEVUA PERNOVA 1 cel-tify under PENALTY OF PERJURY under the laws '~ commission # t 707457 of the State of California that the foregoing paragraph is -m - Notory Public - Colifornle £ true and correct. ~ sente dare county cd~xrt Nw25,2ot0 WITNESS my~ha/n~d~a~nd /ffi7cial s I/.~ ~ ~}~ Q Signature C~-C~i/ ~"r ~.c~' / ' " (-'~_"" ) Place Notary Seal Above Signature of Notary Public OPT/ON.4 L Though the information below is not required by law, it may prove va/uab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Ciaimed by Signer(s) Signer's Name: Signer's Name: ~ Individual [~ Individual O Corporate Officer -Title(s): [~ Corporate Officer -Title(s): ~ Partner - O Limited ~ General _ _ _ [~ Partner - O Limited ~ General _ _ _ ~ Attorney in Fact • - [7 Attorney in Fact • O TfUStee Top of thumb here [~ Trustee Top oT thumb here O Guardian or Conservator C~ Guardian or Conservator O Other. C~ Other: Signer Is Representing: Signer Is Representing: ®2007 National Nctary Assodation- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91 31 3-2402-www.NaGOnalNofary.org Item t/5907 Reortler. Call Toll-Free x-800-876-6627 14-3 April 9, 2009 Job No. 09008 LEGAL DESCRIPTION 5 FOOT UNDERGROUND PUBLIC UTILITY AND STREETLIGHT SERVICE EASEMENT WITHIN LOT No.223 TRACT 1088 BOOK 42 MAPS 29 APN: 375-32-039 CITY OF CUPERTINO (See Mission Engineers, Inc. Drawing No. S-14252) THE EASEMENT REFERRED HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: An easement for underground public utility and streetlight service purposes along a continuous strip of land 5.00 feet in width lying within LOT No.223 as shown on map of TRACT 1088 filed on April 16, 1953 in Book 42 of Maps at Pages 24-29 Santa Clara County Records and being more particularly described as follows: Beginning at the Northwesterly corner of said LOT No.223; Thence, from said Point of Beginning along the Northerly boundary line of said lot South 87° 39' S3" East, 114.00 feet, to the Northeasterly corner of said lot; Thence, along the South Easterly boundary line of said lot South 12° 43' 11 " West, 5.08 feet, to a line drawn parallel to and distant Southerly 5.00 feet from said Northerly boundary line; Thence, along said line drawn parallel North 87° 39' S3" West, 110.16 feet to the South Westerly boundary line of said lot; Thence, along last said line North 28° O1' 1 O" West, 5.79 feet to the Point of Beginning. cT-...~ ,s°- r -.,, ~, : ~ r ', ~'3~ J ti 3 ~ ` E /' - F ~- 4 EXFIIBIT "A" '{~ (,,.~. %;i~lfJ- P 1 f 2 ~ age o . , !. ~ ~-~ f:: . ~a-a APN. 3 7 5-32-026 APN: 375-32-024 APN: ~~75-32-025 LOT# 207 LOT# 205 I LO T# 206 TRACT MAP 1088 TRACT MAP 1088 TRACT- MAP 1088 ~ BK 42 - PG 29 BK 42 - PG 29 BK 42 - PG 29 (APRIL 16, 1953) (APRIL 16, 1953) (APRIL 16, 1953) EXISTING 5' - OVERHEAD P.U.E. S 87'39'53 ~ 5.00 ~ -- - E 114.00' 5.00 5' P.U.E. + 5. oo ~. N 87'39'53" W 110.16' -+ _ POINT OF\. ~- BEGINNING PROPOSED 5' o / UNDERGROUND P.U.E.. vi \ AND STREETLIGHT SERVICE EASEMENT EXISTING 5' OVERHEAD P.U_E. ~ APN: 375-32-039 0 SCALE: 1 "=20' mod' LOT# 223 ^ o~ TRACT ~ 'o oQROFESS/p~9 ~ ~~~\ EAU `~ ~ Q ~ ~~ z ~37\ I ~ Exp ~09 30 09 '~ ~~ ~T-9 ~' / V ~ ~- ,~ lF OF CAS-~F~ -_" , \ APN: 375-32-040 LOT# 224 TRACT MAP '1088 \ BK 42 - PG 29 (APRIL 16, 1953) MAP 1088 BK 42 - PG 29 (APRIL 16, 1953) \ O = 44°33'48" / /^ a- APN: 375-32-038 LOT~€, 222 TRACT MAP 1088 BK 42 - PG 29 R - 45.00 (APRIL 16, 1953)/ L = 35.00' ~ ~ ~' P.U.E. A STREETLIG T SEF~~CE ~ w EASEM E T E"'' U IN THE CI OF y ~ CUPERTINO, C LIFORNIA A-t EXHIBIT "A" PAGE 2 OF 2 ~~ ~OO ~ ~~~ ~ ~ a D B LIVLJ CJ 11 V LJV \`•~.J U`~J ~J9 lJ V o C H'KD RESPONS/VE, REL/ABLE RESULTS SINCE 1953 JOB NO. C 355 Reed St. Santa Clara, Calif 95050 (40E~) 727-8262 FAX: (408) 727-8285 DWG. NO.