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09. Grant of easement DRAFT RESOLUTION NO. 07-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM EMILIO J. FRANCISCO AND FATIMA M. FRANCISCO, HUSBAND AND WIFE AS JOINT TENANTS, 1 0130 SANTA CLARA AVENUE, APN 326-14-014 WHEREAS, Emilio J. Francisco and Fatima M. Francisco, Husband and Wife as Joint Tenants, have executed a Grant of Easement for Roadway 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 roadway 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 10 130 Santa Clara 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 5th day of June 2007, by the following vote: V ote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: A TrEST: ApPROVED: City Clerk Mayor, City of Cupertino 9 - 1 GRANT OF EASEMENT FOR ROADWAY PURPOSES 10130 Santa Clara Avenue APN 326-14-014 Emilio J. Francisco and Fatima M. Francisco, Husband and Wife as Joint Tenants. grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which. shall be or become necessary for preservati~n of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of Cali fomi a, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this _day of . 2007. Owners: EMt~~k~ iE r:~~e.- Emilio J. Fran sco . C;;PL &.'-I~~CD Fatima M. Francisco ' (Notary acknowledgment to be attached) 9-2 -- EXHIBIT A LEGAL DESCRIPTION FOR STREET DEDICATION THE LAND REFERED .TO IN TIllS REPORT IS STIUA TED IN THE CITY OF CUPERTINO, COUNTY OF-SANTA CLARA, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 11 AND 12 OF BLOCK #5 AS SAID LOTS ARE LAID OUT AND SHOWN UPON TIIAT CERTAIN MAP ENTITLED "MAP OF FIRST ADDITION, MONTA VISTA" WHICH MAP IS FILED FOR RECORD ON THE 11th DAY OF APRIL, 1917, IN BOOK "P" OF MAPS AT PAGE 23, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: A STREET DEDICATION FOR RIGHT OF WAY PURPOSES TO THE CITY OF CUPERTINO, ALONG AND UNDER A STRIP OF LAND 5.00 FEET wIDE THE WESTERLY LINE OF SAID LOT 11 AND LOT 12 WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 12, AS SHOWN ON SAID MAP THENCE RUNNING AWNG THE WESTERLY LINES OF SAID LOT 12 AND LOT 11, N 24050'00" W 50.00 FEET, THENCE RUNNING EAST ALONG THE MOST NORTHERLY LINE OF SAID LOT 11 N 65010'00" E 5.00 FEET, THENCE RUNNING SOUTH S 24050'00" E 50.00 FEET, THENCE RUNNING ALONG THE SOUTHERLY LINE OF SAID LOT 12 N 65010'00" E 5.00 FEET TO THE POINT OF BEGINNING. ,&4r ttc=iSSO . 9-3 ~ ~ ~ ~ .. c ~ '- ~ ~I ~ ~ ~ 0::: ~ u ~ ~I ~ lJ-l ---1 o I d ~. Ilf') 0'<1 'li--1. ~ i' q'r ~ ~ q" ~ OU ~ I.~ (Qv 00 I V) ~. --~ 65.10'00' 'vi 100.00 I LOT 10 N 65.10'00' E 100.00 -~ -- 5.00 STREET DEDlCA nON LOT 11 PROPOSED RIGHT OF 'vIAY LOT 12 S LOT 13 20.00 POINT OF BEGINNING ~ o ~ GRAPHIC 20 0 10 ~ .~ SCALE 20 I '40 I 1"=20' -1 ~ L "--- GRAND AVENUE '(40' WIDE) exHIBIT A PLA T MAP FOR S I Ht:t:: I DEDlCA 110N TO THE CITY OF CUPERT1NO . 10130 SANTA CLARA AVENUE. CUPERTINO, CA . SMP ENGINEERS Civil Engineers - )..and Surveyors 1534 Carob Lane Los Altos. CA 94024 Tel. (650) 941-8055 Fax (650) 941--6750 DATE: JANUARY 18, 2007 SCALE : "'=20' 9-4 JOB NO.: 26110 Sheet 1 of 1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } Coootyof~C~ ss. Nt;'f On ~ 15!:~/? ~ore_me. ~}.!!;2~_ " personally appeared f"'ff'l) 1 c> ..j . f"(Q/r.fA Stt? C1 M lJ7 m 4 . 'of J . J:"Yf/h, (A 5. Name(s) of s1!net(S) ---- n ,,~rE:Qnally known to me ~ proved to me on the basis of satisfactory / evidence to be the person(s) whose name(s) ~ subscribed to 'ttl1r within ins -enh-d acknowledged to me that he xecuted the same in Itheir authorized capacity(iW, and that y IthelD signatur~) on the instrument the pers s), or the .entity upon behalf of which the person(s) acted, executed the instrument. ~......., PARESH AFRICAWAlA , $ .: ,~,~ '. Commission # J 545734 ~ .,:.. Notary PublJc - Call'ornla ~ " . Santa Clera County MyComm. expires Feb 15, 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 t1 _ _ --L- f1P1lJ TrtleOrTypeofDocum~~ ~ ~/L{ D~m~Dwe; ~ _ _ !:ofei)-tl~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ---------- --- Signer's Name: i6" Individual 5 (t] Corporate Officer - Trtle(s): D Partner - D Limited D General o Attorney-in-Fact D Trustee o Guardian or Conservator o Other: -- Top of thumb here Signer Is Representing: <<> 1999 National No1arJI AssociaIIon' 9350 De Solo Ave., P.O. Box 2402' Chalswof1h, CA 91313-2402' www.nallonalnol8ry.org Prod. No.5l107 _r. Gal ToII-Free 1-llOlHl76-68Z7 9-5