CC Resolution No. 10-197 Accepting partial Quitclaim of Easement from Pacific Bell DBA AT&TRESOILUTION NO. 10 -197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A PARTIAL QUITCLAIM OF EASEMENT FROM PACIFIC BELL
TELEPHONE COMPANY, DBA AT &T CALIFORNIA TO THE CITY OF CUPERTINO
WHEREAS, the City Council of the City of Cupertino has approved the partial quitclaim
of easement from the Pacific Bell Telephone Company, dba AT &T California to the City of
Cupertino due to the removal of their facilities in the easement at the Mary Avenue Bicycle
Footbridge North tower.
WHEREAS, The City of Cupertino will accept the partial quitclaim of easement, which is
in good and sufficient form, quitclaiming to City of Cupertino, the easement over real property,
situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached
hereto and made a part hereof, and
WHEREAS, the City Manager has been authorized to sign any necessary documents to
accept the partial quitclaim of the easement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves
said partial quitclaim of easement so tendered; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said
partial quitclaim of easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1 st day of November, 2010, by the following vote:
Vote Members of the City Council
AYES:
Wang, Wong, Chang, Mahoney, Santoro
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
OPPR(1VFTl-
AFTER RECORDINC RETURN TO:
PACIFIC BELL TELEPHONE COMPANY
dba AT &T California
347513 N. FIRST STREET, Rm. 600B
SAN JOSE, CA 95134
Attn: Shirley Victor
No Compensation Paid
By: Shirley Victor
Right of Way Manager
APN: 326 -05 -082
LOC: Mary Ave. & Hwy 280 Pedestrian Overpass
THIS SPACE FOR RECORDER'S USE
GEO: P696
BK: Tract 5722, Bk.361 pgs.33 -34
PARTIAL OUITCLAJM OF EASEMENT
PACIFIC BELL. TELEPHONE COMPANY; a California Corporation; dba AT &T California does hereby
release and quitclaim to the CITY OF CUPERTINO the hereinafter described real property; all of its right; title
and interest in and to a portion of that certain easement recorded July 2, 1968 as Document No. 344283 35 in
Book 8178 Page 31 of Official Records in the Office of the County Recorder of Santa Clara County, State of
California, and described as:
SEE EXIBIT "A" and EXIBIT `B" ATTACHED, HERETO AND INCORPORATED HEREIN FOR
LEGAL DESCRIPTION OF QUITCLAIMED PORTION OF EASEMENT.
Executed this day of September, 2010
Pacific Bell Telephone Company
dba AT &T California
BY:
Edward C. Mitz
Area Manager
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA}
On / 2010, before me a Notary Public
of the tate of California, personally appeared _-12"W, /1,11. proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me
that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PER.TURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature o otary Public
SHIRLEY VICTOR
COrm. N0.1720369
e NTARY PUBLIC - CALIFORNIA a
ANTA CUM COUNTY
LW�M�Y-Q'
m m. E*m Jon. 25, 2011
July 14, 2010
Job No. A03229 -4
Page 1 of 2
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EXHIBIT "A"
LEGAL DESCRIPTION
Pacific Bell Telephone Company Easement To Be Quitclaimed
A portion of that certain Easement situate in the 'City of Cupertino; County of Santa Clara, State
of California recorded on June 2; 1968 in Book 8178 at page 31, Santa Clara County records
being more particularly described as follows;
Beginning at the southwesterly corner of the land conveyed to Fremont Union High School
District of Santa Clara County, by deed recorded October 25, 1960 as Book 4960 at page 136 of
Official Records and being on the northerly right -of -way line of the Lands of the State of
California;
Thence along said northerly right -of -way line, South 76 °07'42" West, 30.00 feet:
Thence leaving said northerly right -of -way line North 00052'43" East, 5.17 feet;
Thence continuing along a line parallel with and distant 5.00 northerly measured at right angles
from said northerly right -of -way line, North 76 °07'42'' East, 30.00 feet to a point on the westerly
line of said land conveyed to the Fremont Union High School District;
Thence leaving said parallel line and continuing along said westerly line, South 00 052'43" West,
5.17 feet to the Point of Beginning.
As shown on Exhibit `B" attached hereto and by tivs reference made a part hereof.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
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EXHIBIT "B., k,1, KIE:R & WRIGHT JOB A03229 -4
CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 ';cott Boulevard, 8uildina 22 (4 08) 727 6665
USER: bnquycn I:�aROrCTS�AU322e -2�Dw �WRvEnEr ,L ENTS�e -Fikl Er E- eaxT —; JU�Y:N, 2DID M3A nu Santa Clara, California. 95054 fax (408) 72.7 5641 2 OF 2