CC Resolution No. 10-157 Grant of Easement, Pacific Bell Telephone, Right of Way Mary Ave Footbridge North Tower RESOLUTION NO. 10 -157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FROM THE CITY OF CUPERTINO
TO PACIFIC BELL TELEPHONE
WHEREAS, the City Council of the City of Cupertino has approved the grant of
easement from the City of Cupertino to Pacific Bell Telephone for their facilities on the City's
Right of Way at the Mary Avenue Bicycle Footbridge North tower.
WHEREAS, The City of Cupertino will execute the grant of easement, which is in good
and sufficient form, granting to Pacific Bell Telephone, the easement over real property to be
utilized for their facilities, situate in the City of Cupertino, and more particularly described in
Exhibits A and B, attached hereto and made a part hereof, and
WHEREAS, the City Manager has been authorized to sign the necessary documents to
grant the easement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves
said grant so tendered; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said
grant of easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 day of August, 2010, by the following vote:
Vote Members of the City Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
• 7(
City Clerk / v,•r, City of Cupe no
THIS SPACE FOR RECORDER'S USE
PACIFIC BELL TELEPHONE COMPANY
dba AT &T California
3475B 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 GEO: P696
Book: 361/33 -34 LOC: Mary Ave. @Hwy.280, Cupertino
GRANT OF EASEMENT
The undersigned Grantor(s) CITY OF CUPERTINO f ereby 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-elect for ti 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 bird the successors and assigns of the respective
parties hereto.
Execu d this ••• day of (- 2010
By: etAIL () ---c- +
Print: - PA , ./ 1 D in/ 4•v AP n
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) is /are subscribed to the within instrument and acknowledged to me that he /she /they
executed the same in his /her /their 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
see cxt lac�.c
�,
otar,1 c o k €
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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State of California
County of sa rnt Clara._ _
•
On 8 / a 3 he before me, Kt v'1 Marie 5rYt tYet
Date Here Insert Name and Title of the Officer
personally appeared Da V t d bd . Knapp (s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be :he personV whose name') is /are subscribed to the
within instrument and acknowledged to me that
he /:fey executed the same in his /her!their authorized
KIM MARIE SMITH
; ?r- 46 - Commission *1867290 capacity(iee), and that by his /ha hoir signature(a) on the
= instrument the person(,a`), or the entity upon behalf of
%
r f Public - C unty a Z which the erson acted, executed the instrument.
art► Santa Co ly P
Y,r Comm. E, Nov 1.2013
" " _Clara " " I certify under PENALTY OF PERJURY under the laws
of tie State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Sig iatu re
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT
❑ Attorney in Fact OF SIGNER E Attorney in Fact OF SIGNER
Trustee Top of thumb here ❑Trustee Top of thumb here
11 ❑ Guardian or Conservator ❑ Guardian or Conservator
• Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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52007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827
July 14, 2010
Job 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 June 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.
R
Date +C � a l0 , U
Jimfr.y R. Vigil, L. 6256
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I:\ PROJECTS\ A03229- 4\DWG \CONSULTANTS\A09012 -CAROL STRONG \012609 AT &T2.doc
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POINT OF
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COMMENCEMENT �:r:��1: TRACT N�. 5722
2 (36i M 54)
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^o CiT . i . (:::FCt_j PER Tit..1 0
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(l CITY OF CUPERTNO
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POINT OF
LINE TABLE: BEGINNING
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LINE BEARING DISTANCE r�
Ll N 13^52'39^
` BELL
VV � 0O'
� TELEPHONE EASEMENT
L2 S 76^55'23^ W 10.23'
L3 S 09~25'24^ W 5.41' .--- --- --- --- __— ---
L4 N 76`55'23^ E 12.37' - - - - - - - - -
LANDS OF FREMONT
UNION HIGH SCHOOL
(4960 OR 136)
(8320 OR 487)
- - - _-_ -__' -__'
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DATE 1
PLAT TO ACCOMPANY LEGAL DESCRIPTION JUNE, 2010
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PACIFIC BELL TELEPHONE EASEMENT l^~ 30'
[UpERT|NO DBA - AT&T CALIFORNIA CALIFORNIA DR. BY [55
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EXHIBIT n
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�^�UUUK�U U K� CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
T ss5n�"�ov"/"�m.o"ou/"yzz (408) rzross5
4 Santo Clara, California oso5^ fax (408) 727 5641 2 OF 7
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