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CC Resolution No. 6981 RESOLUTION NO. 6981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM DOWNEY SAVINGS & LOAN ASSOCIATION LOCATED ON THE WEST SIDE OF SOUTH DE ANZA BOULEVARD SOUTH OF RODRIGUES AVENÙE; CONSISTING OF APPROXIMATELY 0.0028 ACRE A.P.N. 359-17-005 WHEREAS, Downey Savings & Loan Association, Grantor, has 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 "AIt and Exhibit liB", 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 0.0028 acre, located on the west side of South De Anza Boulevard south of Rodrigues Avenue; A.P.N. 359-17-005. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said 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 on the 6th day of vote: City Clerk be and she is hereby authorized this Resolution. meeting of the City Council of October , 19~, by the the City following Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT None ABSTAIN: None ATTEST: APPROVED: _Lil/Dororhv Cornelius City Clerk ís/ R~rh~r~ Rngpr~ Mayor, City of Cupertino GRANT OF EASEMENT DOWNEY SAVINGS & LOAN ASSOCIATION , hereinafter called Grantor, hereby grant to the CITY 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 situated 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, construc- ting, repairing, maintaining, or replacing said public utilities or appurtenances thereto. and for the purpose of doing any nec- essary 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 or condition insofar as it is practicable and reasonable to do so, IN WITNESS WHEREOF. of Easement this .:l6lcl said parties have executed this Grant day of .'Ç--r~IJiV" 1986. . WlIC£~~ M01'MfPUlUC·CM.N:J JI:: -- ...c-_.......... ~~ç-~. " William r:-Thurston ' Vice President (Notary Acknowledgment to be attached) ~t'1C~~ ~/_ , ura B. Stee e Assistant Secretary CAT. NO. NNOO737 TO 1946 CA (8-84) (Corporation) STATE OF CALIFORNIA COUNTY OF ORANGE On September 2, 1986 before me, the undersigned, a Notary Public in and for said State. penonally appeared VY 111181" r. 1 Durston personally known to me ~~ IIdkIlllålflXllxJr,""iIII~,~... to be t~e person who executed the within instrument as the Vice President, and Laura B, i::iteele personally known to me "dI- ~ to be the pe~n who executed the within instrUment as the A:ssIstan t Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrU- ment pursuant to its by-laws or a resolution of in board of directors. WITN;;ç¡and and Of~~ Signatu ."e« ~ ~¿¿" , .. - ----- ~ ~. ,---------# " . } ~. t .. a z :! ¡¡ ~ , í - 1 l --~ . TICOR TITle INSURANCE . OFFICIAL SEAL JANICE GENEI.U NOT""'PU8uC.~ CIIIANQe COUNTY My('OIINIt. &pÎrftAut. 7, 1987 (Thil area for official notarial seal) 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 the 1.705 acre (gross) parcel shown on that certain Record of Survey filed in Book 354 of Maps at page 26, Santa Clara County Records being more particularly described as follows: Being a strip of land 3.00 feet in width, lying westerly and contiguous to the following described line: Beginning at the intersection of the southerly line of said parcel and a line parallel with and distant 63.00 feet westerly, meaaured at right angles from the monumented centerline of De ADza Boulevard (formerly Saratoga-Sunnyvale· Road) as both are shown on said Record of Survey; Thence northerly along said parallel line, North O· 03' 05" West 150.50 feet to the 'TRUE POINT OF BEGINNING"; Thence continuing northerly, along said parallel line, North O· 03' 05" West, 40.00 feet, to the terminua of this description. Containing 0.0028 acres, more or leaa. APN 359-17-005 ~ ~. , . ~ .. ~ ~ ~ ~zô- I I 1.7(}!1 AC. PAJICZL . .35 ~ MA,PS ?IE . . . ~ ~ " t ~ .~ . ~ ~ "i- .. ~ g;¡ I~ ~ ~ rP.O,ß. £-... AlO·tJ.3'05~W' T. P.O,ß. /50. tJ5' ..... , ~ "Ì \.~;,S'r/N& AVIV't../NE \,.f(J,tJtF..· . , ~~ l/4CIS'.t' "", r . NO'tJ.3'tJS" W DE ANZA ßOUL£VA~D (FtI,fM£KL Y SAMTtJGA -SUNNYYALE. KD.J -. Â.P.N. .359-/7 ·005 DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION SCftL:E ¿/J' DR.BY 6.A. .JO:P_ _ _ _:? ··6HEET NO. Z OF Z ~ KIER Ie WRIGHT ~. OVlL ENGINEfRSa.SURvtYOR5,INC. ! JJ~ k'0I1 Iou"'~,d . lutldint. 12 ,. ..".. CIIr., C.hIOfni. 95Q504 . 721-6&6~