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CC Resolution No. 07-098 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, 10130 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 10130 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: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Kwok, Lowenthal, Mahoney, Sandoval None None None ATTEST: APPROVED: ~~ City Clerk GRANT OF EASEMENT FOR ROADWAY PURPOSES 10130 Santa Clara Avenue APN 326-14-014 . Emilio J. Francisco and Fatima M. Franc~sco. Husband and Wife as Joint Tenants. grant(s) to the CTIY 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 California, and as described -as follows: (See Exhibit flAil & flB") IN WITNESS WHEREOF, executed this _day of . 2007. Owners: E~v!k~ 'iE P;~u:oe-- Enuho 1. Fran sco .. . ~~ dJ~ ~ . !!P - ~A' ~ C'-D Fatima M. Francisco . (Notary acknowledgment to be attached) EXHIBIT A LEGAL DESCRIPTION FOR STREET DEDICATION THE LAl'-lTI REFERED -TO IN THIS REPORT IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF-SANTA CLARA, STATE OF CALIFORNIA MTJ) DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 11 AND 12 OF BLOCK #5 AS SAID LOTS ARE LAID OUT AND SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF FIRST ADDITION, MaNTA VISTA" VVHICH MAP IS Fll..ED FOR RECORD ON THE 11 th DAY OF APRIL, 1917, IN BOOK "P" OF MAPS AT PAGE 23; RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARY DESCRlBED 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 WESJERL Y LINE OF SAID LOT 11 AND LOT 12 "WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST S9UlliWESTERL Y CORNER OF SAID LOT 12, AS SHOWN ON SAID MAP THENCE RUNNING ALONG TItE WES'fERL Y LINES OF SAID LOT 12 A1\.TJ) LOT 11, - N 24050'00" W 50.00 FEET, THENCE RmjNING EAST ALONG THE MOST NORTHERL Y LINE OF SAID LOT 11 N 65010'00" E 5.00 FEET, TIffiNCE RUNNING soum S 24050'00" E-SO.OOFEET, THENCE RUNNING ALONG THE SqUTHERLY LINROF SAID LOT 12 N 65010'00" E 5.00 FEET TO THE POlNT OF BEGINNING. ; '_ ~lic:i$SO . - ----1 o lci ~ _ I U1 0~ 'V-1- ~ j q~ ~ ~ q" ~ 00 ~ I.~ Q)v 00 I V? qj. - - ~ 100.00 I ~ ~I ~ q 20.00 ~ LOT 10 N 65010'00. E 100.00 -- -- 5.00 STREET DEDlCA TION LOT 11 PROPOSED RIGHT OF VAY LOT 12 S 65.10'00. 'vi LOT 13 POINT OF BEGINNING .. C ~ '-- GRAPHIC 20 0 10 ~ ~ (Y: 1"=20' t- SCALE 20 I :040 ~ ~ -I ~ ~ ~ ~ ~ u E:: ~-I ~ l -1 L '----- GRAND A VENUE (40' WIDE) EXHIBIT A _ PLA T MAP FOR STREET DED/CA TlON TO THE CITY OF CUPERTINO - 10130 SANTA CLARA AVENUE, CUPERTINO, CA DATE: JANUARY 18, 2007 SCALE: "'=20' JOB NO.: 26110 Sheet 1 of 1 rr SMP ENGINEERS Civil Engineers - .Land Surveyors 1534 Carob Lane - Los Altos. CA 94024 Tel. (650) 941-8055 Fax (650) 941 ~6755 CALIFORNIA ALL..PURPOSE ACKNOWLEDGMENT State of California } County Of~ C ~ 05. No1 On~.1 f{f^P>>7 before me, ~t.Jth1~ . , ' . - J Dale '/ ' _ _ . , Name and TIlle Sl!.Qltic&r J-sr- "Jane Doe. N,",:~nci , perSO.nallyappeared f'1'Y), , D. J , f'fCV'Y'-Ci 5lt? 'k M m Y>14. f" J , p.Y~"r>,~ ~ Name(s) gf Slner(s) ---- n r'ir~onally known to me . ~ # proved to me on the basis of satisfactory / evidence . . PARESH AFRICAWALA Commission # J 545734 Notary Public - California l Santa Clcro County My Comm. Expires Feb IS, 2009 to be the person(s) whose name{s) ~ subscribed to 'tt'rl:r wit~=en~ acknowledged to me that the executed the same in ~ authorized capacity(~, and th~ 1-; IthelD signatur~) on the instrument the pers s), or the .entity upon behalf of which the person(s) acted, executed the instrument. _ OPTIONAL Document Date: 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 ~ /J/yflJ # _ -"'_ -I--- lJ..-./ rJr' v . _ . f)'\{f'~ TV I ,,~ /Lf0~ Number of ~'~ ~ - - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ------ . ---' Signer.s Name: t6 Individual 5 (5 Corporate Officer - Trtle(s): D Partner - D Umited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other. r-- Signer Is Representing: " @1999 NalianaJ Nalary Assaoiilflon' 9250 De Sola Ave_. P.O. Box 24Cl2' Chalswarth, CA91313-2402' www.lUllianalnaIBry.o.!l Prod. No_ 5907 Aeardor. CaD TaC-Free 1-600-676-6627