CC Resolution No. 07-193
RESOLUTION NO. 07-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
JOHN D. WAHLER AND SUSAN C. WAHLER,
22331 SANTA PAULA AVENUE, APN 357-04-002
WHEREAS, John D. Wahler and Susan C. Wahler have executed a Grant of
Easement which is in good and sufficient form, conveying to the City of Cupertino,
Grantee, an easement for public utility purposes over the property situate at 22331 Santa
Paula Avenue, APN 357-04-002, in the City of Cupertino, County of Santa Clara, State of
California, more particularly described in Exhibit "A" and Exhibit "B", attached hereto
and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept 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 20th day of November 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Sandoval, Lowenthal, Mahoney
None
None
None
ATTEST:
APPROVED:
~~
City Clerk
GRANT OF EASEMENT
FOR
PUBLIC UTILITIES
ALPN: 357-04-002
22331 Santa Paula Avenue
John D. Wahler and Susan Co Wahler. husband and wife as joint tenants. hereinafter called
Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter
called Grantee, the right to excavate for, install, maintain and use PUBLIC UTILITY
EASEMENT as Grantee shall from 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 or maintaining said PUBLIC UTILITY EASEMENT for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said
EASEMENT; 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 EASEMENT and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and.my improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
The granting of this PUBLIC UTILITY EASEMENT hereby nullifies and voids any
public utility easement recorded May 23,2007 as Series No. 19441293 of Official Records.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this b
day of tJ<:rJC1I'\8L--12-, 20 D"7.
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(Notary acknowledgment to be attached)
SCALE: 1" = 50'
REVISED 11-14-07
EXHIBIT A
PUBLIC UTILITY EASEMENT
LANDS OF TfAHLER
15' R/W 5571 OR 163l ___ 20
15'- N89'53'OO'4 1 00.12' -~
.- N89'53'0Q.:.w...2 00.12' -1
/- N89"53'00"W-115.12' -/'f 85.00' -
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'- 75.00'
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PARCEL B
10,141.27SQ.FT.
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g' DEDICATION
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SANTA PAULA AVENUE
NOTE: THE BOUNDARY INFORMATION
FOR THIS PLAT WAS OBTAINED
FROM THE RECORD OF
SURVEY RECORDED IN BOOK
222 OF MAPS AT PAGE 48,
SANTA CLARA COUNTY
RECORDS
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EXHIBIT B
Dedication for PUE
All of that certain property situate in the City of Cupertino, County of Santa Clara,
State of California described as follows:
BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet
wide, said pipe also being the Southwest corner of Parcel lA' as show on the Record
of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records;
thence proceeding along the West boundary of said Parcel 'A" and the projection
thereof NooOTOO"E 1 09.12 feet; thence leaving said boundary and proceeding parallel
to said North boundary of Santa Paula Avenue S89053'00"E 9.00 feet; thence parallel
to said West boundary of Parcel 'A' SooOTOO"W 109.12 feet to the North boundary of
the aforementioned Santa Paula Avenue; thence along said North boundary
N89053'00"W 9.00 feet to the point of BEGINNING"
Containing 982 square feet more or less and consisting of portions of Parcels lA' and
IB' as shown on the above mentioned Map.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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On I i 1_ b 1.)..0 0, before me,
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Name(s) of Signer(s)
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DAKS~ K. PA1Q
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to be the person(iS) whose name~tg/are subscribed to the
within instrument and acknowledged to me that
l1efsfte/they executed the same in AisIfter/their authorized
capaci~, and that by hisA:ler/their signature(S) on the
instrument the person~), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
!PA
Signature of Notary Pubiic
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: or.:v-J- oJ eO\.st2.i-A e..r-;r
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Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
/
Signer Is Rep~ng:
igner's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
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Signer Is Representing:
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