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CC Resolution No. 98-182RESOLUTION NO. 98-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM ROBERTO TAM AND CATHY L. TAM, 20425 SILVER. ADO AVENUE; APN 369-39-015 WHEREAS, Roberto Tam and Cathy L. Tam have executed a Grant of Easement for Sidewalk Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for sidewalk purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 20425 Silverado Avenue. 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 6~ day of July, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk~Ork~~ ~ROVED: Mayor, City of Cupertiho - y GRANT OF SIDEWALK EASEMENT APN 369-39-015 20425 Silverado Avenue Roberto Tam and Cathy L. Tam, hereinafter called Grantor, hereby grant(s) 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 sidewalk purposes as Grantee shall fi'om 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 his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing, maintaining, or replacing said sidewalks or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said sidewalk; 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 sidewalk 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, said parties have executed this Grant of Easement this day of ~o~,~ , 19c~1. Owners: Cathy L. Ta]h (Notary acknowledgment to be attached) EXHIBIT 'A" LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being an easement for Sidewalk Purposes and more particularly described as follows: Being the southerly 2.00 feet of Lot 1 as said Lot is shown on that certain Map entitled, "Tract No. 1100, SILVER MANOR", filed for record on November 17, 1953 in Book 46 of Maps at page 30, Santa Clara County Records; Said parcel of land containing 162 square feet, more or less. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/01 I-OT I TRACT No. Ho~ $1D£I, VAI. Z" PuHIsoSz:'s '.~ N ~Ooo'vV 81. o0 1 · ~1l- V£1~DO ~ VENUE KIRKEBY ENGINEERING :2397 FOREST AVENUE SAN JOSE, CA 95128 (408) 984-0331 EX~t/B/T ",~" PLAT TO ACCOMPANY'DESCRIPTION SCALE: Et~Eh'1/--IVT FOR ROADWAY DATE: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On ~)tF ~ Date Name and Tille of Officer (e.g., "Jane Doe, Nola~ Public") persona~ly appeared Name(s) et Signer(s) ~ personally known to me ~proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is~ubscribed to the within instrument and acknowledged to me that he/sheg~ executed the same in his/he~uthorized capacity(ies), and that by his/he~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Netaly Publio OPTIONAL Though the information below is not required by law, il may prove valuable to persons relying on the document and could prevent fraudulent re[nova/and reattachment o! this form to another document. Description of Attached Document Title or Type of Document: ~'/~,~/~/7 ~/¢:2 Document Date: 0"0 ~- Y ~/./c. ('q~7 Signer(s) Other Than Named Above: _ /~J ~)A/'~' Number of Pages: "~//~-~' Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual ~ Corporate Officer Title(s): [] Partner -- [] Limited [] General E~ Attorney-in-Fact ~ Trustee [~ Guardian or Conservator ~ [] Other: Top of thumb here I-2] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General L~ Attorney-in-Fact I~) Trustee [] Guardian or Conservator ~ ~] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary AsSCcialion · 8236 Remmet Ave., PO. Box 7184 · Canoga Park, CA 91309-7184 Prod. 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