CC Resolution No. 6984
RESOLUTION NO. 6984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR WIRE CLEARANCE
FROM KMD ASSOCIATES I
LOCATED ON MILLER AVENUE NORTH OF RICHWOOD DRIVE
APPROXIMATELY 864 SQ. FEET
WHEREAS, KMD ASSOCIATES I, Grantor, has executed a Grant of Easement
which is in good and sufficient form, conveying to the City of Cupertino,
Grantee, an easement for wire clearance purposes over the property situate
in the City of Cupertino, County of Santa Clara, State of California, more
particularly described in Exhibit I'A" and Exhibit tlB", 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 approxi-
mately 864 sq. ft. , located on Miller Avenue north of Richwood
Drive.
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 JL, by the following
vote:
Vote
Members of the City Council
AYES:
Gatto, Johnson, Plungy, Sparks, Rogers
NOES:
None
ABSENT
None
ABSTAIN:
None
ATTEST:
APPROVED:
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City Clerk
Is/ R~rh~r~ Rngør~
Mayor, City of Cupertino
GRANT OF EASEMENT
KMD Associates I, a California limited partnership,
hereinafter called Grantor, hereby grants to the CITY OF
CUPERTINO, a municipal corporation, hereinafter called Grantee,
the right to excavcate for, install, replace (of the initial or
any other size), maintain and use for wire clearance as Grantee
shall from time to time elect within the hereinafter described
property of those certain premises which are situated in the City
of Cupertino, county of Santa Clara, State of California, and
described as follows:
EXHIBIT "A"
(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, maintaining, or replacing said
public utilities or appurtenances thereto, and for the purpose of
doing any necessary or lawful act in connection with the
construction 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 grade of condition insofar
as it is practicable and reasonable to do so at its sole cost and
expense.
IN WITNESS WHEREOF, said parties have executed this Grant of
Easement this I q.JA day of August, 1986.
KMD ASSOCIATES I,
A California limited partnership
BY: KONTRABECKI-MASON DEVELOPERS,
A California general partnership
BY: --- ~~ <-Ä.
Kontrabecki
Partner
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STATE OF ÇALIFORNIA.
ss.
Californil!ountyof
On this ?()rh
Santa Clara
dayofAl1g)1at- intheyear lQR;f:.
before me Glenda C,
Fenenga
. OFFICIAL SEAL
GLENDA C. FENENGA
.. NOTARY PUBUC· CALIFORNIA
SANTA CLARA COUNTY
.... My COIIIIII E~pi!1l' JOII. 19, 1990
a Notary Public. State of California. duly commissioned and sworn. personally appeared
Tnnn T Knnr~~hø~ki
personally known to me (or proved to me on the basis ofsatisfactMy evidence) to be one of the
partners of the partnership that executed the within instrument. and acknowledged to me that
such partnership executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and af1ixed my official ..al.
in theCalifornii{;ounty of on the date..t
forth above in this certilicate.
n.~.q.~tormwtlltfllll&Ybtproper*:lru. 'I"",If....:IDnI.millno
_y'-.Ct.. inllol'dldlO let. ..sublli\Utelorlhe....oflll.nDl'ney, TlwpublillWœ.nøt
n-.IIIY ......1fIty. .......Ct III'CII*I. ..IOIM_ ¥IIidiIY of IIIYPfOViIIon OIIheBUabili!y
oIlheIIformsllllllYl IKIIiclr.,..;bOll
Cowdery's Form No. 29 (Acknowledll1l'lenllo Notary
Public-Partnership) (C.C. See. 1190A,)
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My Commission Expires
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LEGAL DESCRIPTION
MILLER AVENUE DEDICATION
EXHIBIT "A"
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, described as follows:
A portion of Parcel A, as shown on that certain Map entitled, "Parcel Map",
which Map was field for record in the office of the Recorder of the County of
Santa Clara, State of California on December 10, 1969 in Book 262 of Maps, at
page 25, being more particularly described as follows:
Beginning at a Point at the northerly terminus of the easterly line of Parcel
A, as shown on that certain Parcel Map filed for record on December 10, 1969
in Book 262 of Maps at page 25.
Thence along said easterly line South 1° 00' 00" East, 177.78 feet.
Thence along the following courses and distances:
North 27° 26' 46" West, 11.23 feet;
North 1" 00' 00" West, 167.78 feet to a point on the northerly line of said
Parcel Aj
Thence along said northerly line North 89° 35' 30" East, 5.00 feet to the
Point of Beginning.
Said portion of Parcel A containing 864 square feet more or less.
EXHIBIT A"
.
A portion of Parcel A, 88 shown on that certain Map entitled,
"Parcel MSpllt which Map was filed for record in the office of the
Recorder of the County of Santa Clarat State of California on
December 10, 1969 in Book 262 of Haps, at page(s) 25.
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