CC Resolution No. 00-009RESOLUTION NO. 00-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM
BEN SHYY AND MONICA H. SUN, 19028 STEVENS CREEK BOULEVARD,
APN 375-11-071
WHEREAS, Ben Shyy and Monica H. Sun 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 19028 Stevens Creek
Boulevard.
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 3ra day of January, 2000, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk
Mayor, City of Cupertino
GRANT OF
SIDEWALK EASEMENT
19028 Stevens Creek Blvd
APN 375-11-071
Ben. Sh~d and Monica H. Sun, 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 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, 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 Iqov. ,19 99.
Owners:
Ben Shy~
Monna I~. Sun(~ 'J
18
(Notary acknowledgment to be attached)
"EXHIBIT A"
SIDEWALK EASEMENT TO THE CITY OF CUPERTINO
NOVEMBER, 1999
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
All of Lots 2 and 4, as shown upon that certain Map entitled, "Tract No. 502 Loree Estates Unit
No. 1", which Map was filed for Record in the Office of the Recorder of the County of Santa
Clara, State of California on Jnne 2, 1948 in Book 18 of Maps, at Page 35, and more particularly
described as follows:
Beginning at thee point of the northwest corner of said Lot 2, thence running along the northerly
boundary of the property line N 89 deg. 44' 00' E 105.04 feet:
Thence on a curve to the right, along the boundary of the property line with a radius of 20 feet,
through a central angle of 45 deg. 34' 23 ", for a distance of 15.91 feet;
Thence running parallel with the said northerly boundary of the property line S 89 deg. 44' 00"
W 119.33 feet;
Thence running with the westerly boundary of the property line N 00 deg. 23' 00" E 6.00 feet to
the Point of Beginning.
Containing:
A.P.N.:
689 square feet, more or less.
0.016 acres, more or less
375- I1-071
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SANTA CLARA / ss.
County of
11-18-99
On
Date
personally appeared
Alice No, Notary Public
, be~re me,
Name and Tille of O~icer (e g , 'Jane Doe, Notary Public')
Ben Shyy and Monica H. Sun
~J personally known to me
El proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i~/are
subscribed to the within instrument and
acknowledged to me that ~/they executed
the same in i'¢~h~r/their authorized
capacity(les), and that by Ri~f~3~/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
~ MyComm. E~J,~ 17,'~*~, WITNESS m/~ h~/,nd a~ official seal.
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: GRANT OF SIDEWALK EASEMENT ~.('~-¢
Document Date: 1 1 - 18- 9 9 Number of Pages: ~ THREE
NONE
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: BEN SHYY AND MONICA H SUN
I~ Individual
I I Corporate Officer -- Title(s):
L~ Partner-- ½ Limited IJ General
LJ Attorney in Fact
[] Trustee
LJ Guardian or Conservator
E] Qther:
Signer Is Representing: