CC Resolution No. 9077
RESOLUTION NO. 9077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
MICHAEL DEL MONACO, SR. AND ERNESTINE M. DEL MONACO, AS
TRUSTEE OF THE DEL MONACO FAMILY REVOCABLE LIVING TRUST
AGREEMENT DATED JANUARY 28,1981, AND AMENDED APRIL 21,1981,
FEBRUARY 2,1981, AND MARCH 13,1989, LOCATED ON THE WEST SIDE OF
NORTH DEANZA BOULEVARD SOUTH OF ROUTE 280
WHEREAS, Michael Del Monaco, Sf. and Ernestine M. Del Monaco, as Trustee
of the Del Monaco Family Revocable Living Trust Agreement dated January 28, 1981,
and amended April 21, 1981, February 2, 1981, and March 13, 1989, Grantors, have
executed a Grant of Easement which is in good and sufficient form, conveying to the City
of Cupertino, Grantee, an easement for Public Utilities 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,
consisting of approximately 0.017 acres, located along
the west side of North DeAnza Boulevard, south of Route 280.
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 of Easement and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of ADril ,1994, by the following vote:
~ Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
Isl Barb KODDel
Mayor, City of Cupertino
ATTEST:
Isl Kim Marie Smith
City Clerk
GRAN!' OF FASEJŒNl'
far
PUBLIC Ul'ILITIES
MI<1IAEL DEL K:IWD, SR., AND EHŒSl'DŒ K. DEL~, AS 'IRUSI'EE OF
'IHE DEL K:IWD FNŒUl REIIOCAB[E LIVIH:; '~1' AGREEMfNl', DM.'ED .:n\NUARJC 28,
1981 AND lIKEH)ID APRIL 21, 1981, FEl!RDI\m( 2, 1981, AND KAI<aI 13, 1989,
hereinafter called Grantor, hereby grant(s) to the CITY OF aJPERI'INO, a
municipal corporation, hereinafter called Grantee, the right to excavate
for, install, maintain and use PUBLIC Ul'IL1.'lY FASEJŒNl' as Grantee shall
from time to time elect within the hereinafter describerl property of
certain premises which are situate in the City of CUpertino, County of
santa Clara, state of California, and describerl as follows:
(Description Attached)
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 far the purpose of locating, constructing, repairing or
maintaining said PUBLIC Ul'IL1.'lY FASEJŒNl' for the purpose of doing any
necessary ar lawful act in connection with the construction or maintenance
of said EASœfNr; there is also granted the right of the use of
sufficient land contiguous to said strip on either or both sides thereof
for the pœ:poses of excavation of and deposit of earth and neces"'ary
Wilding materia during the time of constructing said EASœfNr and any
repair thereof.
'!he faregoing is subject to the following express con::litions:
The Grantee agrees to restore the ground surface and any ilTprovements
thereon to its ariginal grade ar condition insofar as it is practicable
and reasonable to do so.
IN WI'INESS WHERIDF, said parties have executed this Grant of Easement
this , of ~ day of ~~ <In h"YI Á 19 l' =1 .
-
(Notary acknowledgment
to be attached)
ALL-PURPOSE ACKNOWLEDGMENT
State of J1.Çt i ; t; ~v._ }
County of J~, (' ~ a./l ~ ./
On Odokt' .{t'11J before me,
DATE' ,
í¡ ,Ix h '>
NAM . TITLE OF OFFICER· E.G., "JANE NaTAR PUBLIC"
personally appeared ~c.fl-aL 11 t..... ~co ~ D,,¡wA'tte_M ~-.
NAME(S) OF SIGNER(S)
~ personally known to me - OR 0 ~,ô"ë;a t5 PRð 5A the Basis at satisfast8fr 8viQ9ASe
to be the person(s} whose name(s} is/@
subscribed to the within instrum t and ac-
knowledged to me that he/she ey ecuted
the same in his/her ei uthorize
capacity(ies), and tha his/her, eir
signature(s} on the instrument the person s},
or the entity upon behalf of which the person( s)
acted, executed the instrument.
Witnes~d ~nd official seal.
sl~k
OFFICIAL NOTARY SEAL
LILY VlJ
Notary PUblIC - California
SANTA CLARA COUNTY
My Como. EXPires JAN 13,1995
NO 209
CAp)cITY CLAIMED BY SIGNER
ß¡(;NDIVIOUAL(S)
o CORPORATE
OFFICER(S)
TlTLE(S)
o PARTNER(S)
o ATTORNEY-IN·FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OA ENTITY(IES)
ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could preven~fraUdulent altaCh~nl ollhis cerlilicate ~.nauthorized document.
THIS CERTIFICATE Title or Type of Document G Af}.ALt ~ f::t;vJ~
MUST BE ATTACHED -s
TO THE DOCUMENT Number of Pages -3 Date , Document lo! I / q?;
DESCRI8ED AT RIGHT: Signer(s) Other Than Named Above
If.'! 1991 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave. . P_O. Bo~ 7184' Canoga Park. CA 91304-7184
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
PARCEL "B"
All that certain real property situate in the City of Cupertino,
county of Santa Clara, State of California, being a portion of
Parcel 1 of that certain Parcel map filed for record in Book 344 of
Maps at page 10, Santa Clara County Records, more particularly
described as follows:
Beginning at the Southeast corner of said Parcel 1;
Thence Westerly along the Southerly line of said Parcel 1
South 89· 53' 51" West 2.95 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said Southerly line South 89· 53' 51" West
10.01 feet;
Thence North 02· 24' 26" West 121.51 feet along a line parallel
with and distant Westerly 10.00 feet, measured at right angles from
the westerly line of the afore described Parcel "A" and its
prolongation thereof to a point on the Easterly line of said Parcel
1;
Thence Southerly along said Easterly line South 08· 27' 51" East
94.78 feet to the Northerly corner of said Parcel "A";
Thence Southerly along the Westerly line of said Parcel "A" South
02· 24' 26" East 27.67 feet to the TRUE POINT OF BEGINNING.
Said Parcel "B" contains 746 +/- square feet. o.cr' ¡\ '\ /:
Legal Description prepared by Kier & Wright Civil Engineers &
Surveyors, Inc.
7 ~V)..07
v / , .
Date
0208LD1. CS
. "EXHIBIT A"
JUNIPERO SERRA FREEWAY
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DEARING DISTANCE ~~/ i '-----
S 89'53'51" W 10.01' DR/In-
S 89'53'51" W 2,95' .~
N 02'24'26· W 27.67'
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PARCEL "A·
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DEDICATION
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PARCEL 1 (344 M 10)
"ì:}{iiiiììlr II"
'KIER & WRIGHT
.
CIVIL ENGINEERS k SU(VEYORS, INC,
JJ50 SeeU 8uuhn,., BuIl41_. U (")717-666$
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DETAIL
DATE
2-<1-93
SCAlE
1"=IOD'
DR. BY
CSS
JOO 76076--10
760760[0.011(;
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SHEET NO.