Loading...
CC Resolution No. 03-172 (reference E-545)RESOLUTION NO. 03-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTiNG A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM YUVAL SCARLAT, 11477 LINDY PLACE, APN 326-50-034 WHEREAS, Yuval Scarlat has 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 Califomia, 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 11477 Lindy Place, APN 326-50-034. 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 15th day of September 2003, by the following vote: Vote Members of the City Council AYES: None NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ~OVED: ~ ~ . Mayor, City of Cupertino GRANT OF EASEMENT FOR PUBLIC SERVICES APN: 356-24-004 11477 Lindy Place Yuval Scarlat~ 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 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 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 (Notary acknowledgment to be attached) Owners:I ,~ ALL-PURPOSE ACKNOWLEDGEMENT State of California County of c.~.,q,4/~7 ~.5~7Av,4g $$' On ,A-Aa/ ~do2~w'~.~/t93 beforeme, ~:~2~,07~' ~"~R¥~ ' personally appeared' ~personally known to me - OR - [] pro me on NOTARY PUBLIC-CAUFORTIIA Santa Clara County Comm. Excfes A~ri122, 2004 of satisfactory whose name(s) evidence to be the person( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci,ty(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgemenI to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ~NDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 lob No. 2000567 Legal Description - 10' P.S.E. A Public Service Easement (P.S.B.) easement 10.00 feet in width situate in the C1TY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying within Parcel 2 as shown on that certain parcel map recorded April 28, 1971 in Book 292 of Maps at Page 25, Santa Clara County Records and a portion of Section 26, Township 7S, Range 2W, M.D.B. & M., more particularly described as follows: Beginning at the Southeast comer of said Parcel 2; thence along the Southerly line of Parcel 2 North 89° 23' 19" West, 94.84 feet; thence along the Westerly line of Parcel 4 as shown on PM 4664, which map was recorded in Book 423 of Maps at Pages 15 and 16, Santa Clara County Records, South 0° 36' 41" East, 22.6g feet to a comer of Lot 3 of the last said Parcel Map; thence along the Northerly line of said Lot 3, North 72° 00' 31" West, 10.48 feet; thence parallel with and distant I0.00 feet at right angles form the aforesaid Westerly line of Parcel 4, North 0° 36' 41', East, 29.55 feet; thence parallel with and distant 10.0 feet at fight angles form the aforesaid Southerly line of Parcel 2, South 89° 23' 19" ]East, 100.10 feet to a point on the Easterly line of Parcel 2; thence along said Easterly line South 24° 45' 22" East, 11.07 feet to the point of Beg~nu~ng. % t PARCEL 1 ~.o.a PARCEL 4 PARCEL MAP 4664 423 P.M. ~,.._.~ ~ ~o,~'~ Drawing LOCA 'i~oN: N: '~projecf:s \ 99_JOB$ ~ 99509 ~ dwg ~ 99509ESMT. dwg