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CC Resolution No. 99-300RESOLUTION NO. 99-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM KELVIN KANG AND MARTHA KANG, TRUSTEES OF THE KANG REVOCABLE TRUST DATED SEPTEMBER 15, 1994, 10334 MIRA VISTA ROAD, APN 357-02-021 WHEREAS, Kelvin Kang and Martha Kang, Trustees of the Kang Revocable Trust Dated September 15, 1994, 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 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. All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10334 Mira Vista Road, APN 357-02-021. 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 18~ day of October, 1999, by the following vote: Vote Members of the City .Council AYES: Bumett, Chang, Dean, James, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Ma}'~r, City ~/[~"'pertino GRANT OF EASEMENT for PUBLIC UTILITIES 10334 Mira Vista Road APN 357-02-021 Kelvin Kan§ and Martha Kang, Trustees of the Kang Revocable Trust dated September 15, 1994, 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 SERVICE 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 SERVICE 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 materia 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 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 ,19 Owners: (Notary acknowledgment to be attached) Trustees of the Kang Revocable Trust Dated September 15, 1994 ~el¢in Kang/ EXHIBIT "A" DESCRIPTION OF LAND FOR PUBLIC SERVICE EASEMENT A strip of land five feet in width, across the southerly five feet, front and rear measurements, of Lot 24 of Tract No. 1113, a map of which was filed on February 9, 1954 in Book 48 of Maps at pages 8 and 9, in the Office of the Recorder of the County of Santa Clara, State of California. Refer to EXHIBIT "B", Plat, which is hereby made a part of this description. Situated within the City limits of the City of Cupertino, County of Santa Clara, State of California. Date: August 26, 1999 Address: 10334 Mira Vista Rd., Cupertino , CA. '0 Pl~ OPO,-G ED ~' 1;::DU BLIC EXI-II~I-I'"L~" EASEMENT -to THE Cl-fh' OF CU ?E;Rq-INIO, CA. $C.A, aF--: I"= 40 IODD~ ~t~ Vl$-rb, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of £AI I FORNiA Countyof (~ANTA £1 ARA. On 8TH OCTOBER 1999. beforeme, ZIGGIE DUDZIUK-NOTARY PUBLIC. personally appeared KELVIN KANGCMARTHA KANG.- ....................... Name(s) ol Signer(s) [] personally ~ known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).isfare subscribed to the within instrument and acknowledged to me that he/,~;~e/they executed the same i~r/their authorized capacity(les), and that by ,h~/h'er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Though the information below ~s not required by law, it may prove fraudulent removal and reattachmen Description of Attached Document T~tle or Type of Document: GRANT OF EASEHENT Document Date: Signer(s) Other Than Named Above: FOR PUBLIC UTILITIES. Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ,,~ Individual Corporate Officer Title(s): E~ Partner -- [] Limited [] General [] Attorney-in-Fact ~Trustee [] Guardian or Conservator L~l Other: Signer Is Representing: Top ol thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top ol thumb heCe