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CC Resolution No. 10-052 Grant of Easment Fire Water 10981 Franco CourtRESOLUTION NO. 10 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR FIRE WATER PURPOSES, CITY OF CUPERTINO, 10981 FRANCO COURT, APN 326 -09 -025 WHEREAS, the City of Cupertino, has executed a Grant of Easement for Fire Water 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 fire water 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 Qjty Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk O 0 0MAITA R I � GRANT OF ]EASEMENT FOR FIRE WATER PURPOSES APN : 326 -09 -025 10981 Franco Court CITY OF CUPERTINO, a Municipal Corporation hereinafter called Grantor, hereby grant(s) _to -Villa -8 r1-a_Apartments, led-C-armwalion called Gr antM _ t he right to excavate for, install, replace (of the initial or any other size), maintain and use for fire water 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: ( See 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 replacin €; said fire water or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said fire water; 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 fire water 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 12'`day Of S � 5 201 0 . Owners: City of Cupertino A 1\1unicipal Corporation : pd, ,j r D ►4 / 14 N P, `I3y: Title: C:- ml�w . ski (Notary acknoi4edgnwnt to be attached) EXHIBIT "A" LEGAL DESCRIPTION FIRE -WATER 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 NORTHWEST CORNER OF PARCEL B LYING ALONG THE SOUTH RIGHT -OF -WAY OF HOMESTEAD ROAD (90 FEET WIDE) 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 EASTERLY ALONG SAID SOUTH RIGHT -OF -WAY NORTH 89 0 47'00" EAST A DISTANCE OF 487.32 - _ fffT TO TiiE- POINT -0E- BEGIidNfid� - - - - -- - -- THENCE FROM SAID POINT OF BEGINNING CONTINLEING ALONG SAID SOUTH RIGHT -OF -WAY, NORTH 89 ° 47'00" EASTA DISTANCE OF 10.00 FEET; THENCE LEAVING SAID SOUTH RIGHT -OF -WAY, SOUTH 00 WEST A DISTANCE OF 61.88 FEET; THENCE NORTH 90 0 00'00" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00 0 00'00" EAST A DISTANCE OF 61.84 FEET TO SAID SOUTH RIGHT -OF -WAY OF HOMESTEAD ROAD AND THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 619 SQUARE FEET MORE OR LESS. OCTOBER 28, 2009 LAND u U RA �J. Cq Fi NO. 7756 'L .12/31/09 s 9 TE OF C Ao-\ SHEET 1 of 2 Adm indata/Legal /207131. FW_ESMT.doc 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 LI NE POC POINT OF COMMENCEMENT POB POINT OF BEGINNING HOMESTEAD ROAD Ln NJ- (PUBLIC ROW 90' WIDE) POB 10.00' �N89'47'00 ° E 487.32 ;� �, N89 POC f0.! N90 Ln I I � I U I 0 i U I Z Q L 0 N u " "' " sesiresas SCALE =30' FIRE —WATER SHEET a °aVtT °a S A N D I S su ,LannaaS DRAWN BY. SLK ® EASEMENT 2 APPROVED BY WC 605 Castro Street I Mountain View, U 94041 1 F. 650. %9.6900 1 F. 650.969.6472 1 wne.sendls.net DRAWING Na: VILLA SERRA MOUNTAIN VIEW ' 207131 CUPERTINO CAUFOJ OF 2 SHEETS Q SCALE 0 6 12 18 24 30 ( IN FEET ) I ..1.. _ '3!1 lL i 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �5��;%�S�Sti� ��.-, �-'Q :�C�-- �- 'S,z�S . S;ay. S . > S yaS �'�S,- Y:��.�C ; .,�',��_>,�. c,c�SS�c ys�.v s�SS�.,c�4a.• . S 5�., �, State of California County of ESQ V1_V(1 CAM— On ­10t�a a, ao(o before me, IM Kazr( �ra A /�o EQrY i (C_ Date 1� Here Insert Name and Title of the Officer personally appeared VaV iA W • KywQ D Name(s) of Signer(s) KIM MARIE SMITH Commission * 1867298 < -a Notary Public - California i Z Santa Clara County 3 My Comm. Ex res Nov 1, 2013 who proved to me on the basis of satisfactory evidence to be the person(sj whose name(,) is /afe subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his/4 -e�it authorized capacity(+es), and that by his /lieAh it signature($') on the instrument the person(s), or the entity upon behalf of which the person(,s') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tl State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature e_ Place Notary Seal Above Signature of Notary Public OPTIOML Though the information below is not required by law, it may prove valuable 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. o Number of Pages: Signer's Name: :1 Individual :1 Corporate Officer — Title(s): :1 Partner — ❑ Limited ❑ General :1 Attorney in Fact :1 Trustee :1 Guardian or Conservator _=1 Other: Signer Is Representing: RIGHTTHUMBMW OF SIGNER © 2007 National Notary Association - 9350 De Soto Ave., P.O. 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