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103-Grant of Easement.pdfTHIS SPACE FOR RECORDER'S USE PACIFIC BELL TELEPHONE COMPANY dba AT&T California 3475E NORTH 1ST STREET, ROOM 600 SAN JOSE, CA 95134 Attn: Shirley Victor No Consideration Paid By: Shirley Victor Right of Way Manager APN: 326-05-082 Book: 361/33-34 GEO: P696 LOC: Mary Ave.@Hwy.280, Cupertino GRANT OF EASEMENT The undersigned Grantor(s) CITY OF CUPERTINO hereby grant(s) to PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT&T California, its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee(s)", a non-exclusive easement to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee(s) may from time to time require, (including ingress thereto and egress therefrom) consisting of conduits, manholes, handholes, service boxes, markers and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: That parcel of land conveyed to Estate Homes, Inc. by Deed recorded June 2, 1975 in Book B439 page 300 of Official Records; and being described in that certain Dedication of Real Property for Roadway Purposes from Estate Homes to the City of Cupertino recorded September 10, 1975 in Book B605 page 135 of Official Records, County of Santa Clara. Easement Description: As described in "Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. Grantor(s) also grant(s) to Grantee(s) the right to trim such trees and other foliage and to cut such limbs and roots on said property as may be necessary for the protection of said facilities. Grantor(s) also grant(s) to Grantee(s) the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee(s) may -alact fore`,` protection of such facilities and will not adversely affect Grantor(s) use of. property or facilities. Grantor(s) also grant(s) to Grantee(s) the right to receive municipal service and commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place their respective service facilities upon and within said easement. Grantor(s), his/her/their successors and assigns, shall not erect or construct any building or other structure or drill or operate any well within said easement. Grantee(s) shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee(s), its agents or employees, while exercising the rights granted herein. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this day of 2010 By: Print: Its STATE OF CALIFORNIA COUNTY OF On , 2010, before me ,a Notary Public of the State of California, personally appeared, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) 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 Signature of Notary July 14, 2010 .lob No. A03229-4 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION PACIFIC BELL TELEPHONE COMPANY EASEMENT DBA — AT&T CALIFORNIA A five (5.00) wide Pacific Telephone &Telegraph Company Easement situate on a portion of that parcel of land conveyed to Estate Homes, Inc., a California corporation, by Deed recorded .Tune 2, 1975 as Book B439, page 300 of Official Records; and being described in that certain Dedication of Real Property for Roadway Purposes from Estate Homes, Inc., a California corporation to the City of Cupertino, recorded September 10, 1975 as Book B605, page 136 of Official Records and lying in the City of Cupertino, County of Santa Clara and State of California described as follows: Commencing at the southwesterly corner of said parcel being described in that certain Dedication of Real Property for Roadway Purposes, said point also being the southeasterly corner of Tract No. 5722, Homestead Woods, filed for record on September 16, 1975 in Book 361, Pages 33 and 34 of Maps, Santa Clara County Records, said point also lying on the northerly right-of-way line of the Lands of the State of California; Thence South 13°52'29" East, 121.13 feet along said northerly right-of-way line of the Lands of the State of California to the True Point of Beginning; Thence leaving said northerly line North 76°55'23" East, 12.37 feet; Thence South 9°25'24" West, 5.41 feet; Thence South 76°55'23" West, 10.23 feet to said northerly right-of-way line of the Lands of the State of California; Thence North 13°52'39" West, 5.00 feet along said northerly right-of-way line of the Lands of the State of California to the True Point of Beginning. Said parcel contains 56 square feet, more or less. As shown on the Exhibit "B" attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date 1�yl0—fo J' y R. Vigil, L. . 6256 ` I:IPROTECTSIA0322941DWMCONSULTANTS1A090121-CAROL STRONG1012609 AT&T2.doe POINT OF :�::�`.._..:_. .._........ _...-,._ Y:a':> COMMENCEMENT _....... - 'u. �..... Un --- 1 kja lot i17 is a� M 96' ... TRU E POINT OF LINE TABLE: BEGINNIN LINE BEARING DISTANCE L1 N 13'52'39" W 5.00' L2 S 76°55'23" W 10.23' L3 S 09°25'24" W 5.41' L4 N 76°55'23" E 12.37' 0 CITY OF CUPERTINO (B 439 OR 300) 1� (B 605 OR 136) 1W r— PACIFIC BELL 1 TELEPHONE EASEMENT LANDS OF FREMONT UNION HIGH SCHOOL (4960 OR 136) (8320 OR 487) PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE JUNE 2010 PACIFIC BELL TELEPHONE EASEMENT SCALE 1 "= 30, CUPERTINO DBA — AT&T CALIFORNIA CALIFORNIA DR. BY C55 p KIER & WRIGHT JOB A03229--4 EXHIBIT "B" � CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 Santa Clara, California 95054 fax (408) 727 5641 1 2 OF 2 USER:bnguW, 1:\PROJECTS\A0.T229-4\DWr\SURVEY\PLAT\C--EASE--NORTH—TOPO.dWg JJLY 19, 2010 10.26 AM