CC Resolution No. 10-051 Grant of Easement Storm Drain 10981 Franco CourtRESOLUTION NO. 10 -051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN PURPOSES,
CITY OF CUPERTINO, 10981 FRANCO COURT, APN 326 -09 -025
WHEREAS, the City of Cupertino, has executed a Grant of Easement for Storm
Drain Purposes, which is in good and sufficient form, granting Villa Serra Apartments, a
California Limited Corporation, the right to excavate, install, replace, maintain and use
for storm drain purposes within the hereinabove described strip situate at 10981 Franco
Court, APN 326 -09 -025, more particularly described in Exhibit "A & B ", 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 the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of March, 2010, by the following vote:
Vote Members of the Qity Council
AYES:
Wang, Wong, Chang, Mahoney, Santoro
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
iJ
GRANT OF ]EASEMENT
FOR STORM DRAIN PURPOSES
APN : 326 -09 -025
10981 Franco Court
CITY OF CUPERTINO, a Municipal Corporation hereinafter called Grantor, hereby grant(s)
-- to Villa Serra Apartments, a California Limited Corporation, hereina called the
right to excavate for, install, replace (of the initial or any other size), maintain and use for storm
drain purposes as Grantee shall from time to time elect within the hereinafter described property
of certain premises which are situate in the City of Cupertino, County of Santa Clara, State of
California, and described as follows:
ee Exhibit A & B
Grantor hereby further grants to Grantee the right and privilege to enter upon said lands
contiguous to and along the line of said hereinabove described strip for the purpose of locating,
constructing, repairing, maintaining, or replacing said storm drain or appurtenances thereto, for
the purpose of doing any necessary or lawful act in connection with the construction or
maintenance of said storm drain; 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
depositing of earth and placement of necessary building material during the time of constructing
said storm drain 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 and condition.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this ZZ-" S day
of S , 20 1
Owners:
City of Cupertino
A Municipal Corporation
By: 3aJtD w ie�t/Ap!'
Title: kaA,,,-„ / Qy
(Notary acknowledgment to be attached)
EXHIBIT "A"
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
VILLA SERRA ,APARTMENTS
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL B LYING ALONG THE EAST LINE OF PARCEL B AS
SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 4, 1969 IN BOOK 249 OF MAPS AT
PAGE 51, SANTA CLARA COUNTY RECORDERS OFFICE;
THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 00 0 02'05" WEST A DISTANCE OF 920.10 FEET TO
THF- POINT_OFBEGINNIXG - - - --
THENCE FROM SAID POINT OF BEGINNING CONTINUEI VG ALONG SAID EAST LINE, NORTH 00 0 02'05" WEST
A DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 90 0 00'00" WEST A DISTANCE OF 129.59 FEET;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 0 00'00" WEST A DISTANCE OF 3.78 FEET;
SOUTH 90 0 00'00" EAST A DISTANCE OF 16.00 FEET;
SOUTH 00 0 00'00" WEST A DISTANCE OF 6.22 FEET;
THENCE SOUTH 90 0 00'00" EAST A DISTANCE OF 11 2.60 FEET TO SAID EAST LINE OF PARCEL B AND THE
TRUE POINT OF BEGINNING;
CONTAINING AN AREA OF 1,196 SQUARE FEET NIORE OR LESS.
OCTOBER 28, 2009
SAND
NO.
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SHEET 1 of 2
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LEGEND:
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF.
NEW EASEMENT LINE
LOT LINE
— — — — EASEMENT LINE AS NOTED
PROPOSED PARK LOT LINE AS NOTED
- — STREET CENTERLINE
- - - -- - TIE LINE
POC POINT OF COMMENCEMENT
SCALE
0 6 12 18 24 30
( IN FEET )
POB POINT OF BEGINNING Stiff LAND 3
J �
--�
LS 7796
HOMESTEAD ROAD ;�
®r
(PUBLIC ROW 90' WIDE)
o Flo �
FIRE -WATER EASEMENT
BEING CREATED BY
SEPARATE DOCUMENT ()
P 5 5 P. C
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STORMDRAIN EASEMENT
AREA =: 1,196± SF LL
S00�0' 78' N90ti0'00" 129.59' —
' � 10.00
� NOOb21'05 "W
16.00 _ S90 *00'00 "E 113.60'
S90100'00"E 6.22' 3 �POB
SOOi70'00 "W PARK DEDICATION TO THE ° °^
CITY OF CUPERTINO BEING
Lf CREATED BY SEPARATE ° ol
DOCUMENT
I
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10/218 09
STORM DRAIN
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CIVIL iM61Yi[nf SCALE 1 " =30'
SA N D I S i °n.i. °n'
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VILLA SERRA
131
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State of California
County of C- ta
On OtY 00, aoto before me, i6r11 N' O a\ y — PA11C
Date Here Insert Name and Title of the Officer
personally appeared Doav i d W . Kng P
Name(s) of Signer(s)
KIIM MARIE SMITH
Commission # 1867298
a -r Notary Public - California i
Z Santa Ciao County
My Comm. EZires Nov 1, 2013
who proved to me on the basis of satisfactory evidence to
be the person(4 whose name(g) is /aye subscribed to the
within instrument and acknowledged to me that
he /srieMiey executed the same in his /Heir authorized
capacity(tes), and that by his /herftheir signature on the
instrument the person(zl, or the entity upon behalf of
which the person($) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
Signature of Notary Public
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El Partner— ❑ Limited []General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
: Sgner Is Representing
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OF SIGNER
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