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CC Resolution No. 9159 RESOLUTION NO. 9159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR WATER LINE PURPOSES FROM LOTUS DEVELOPMENT AND CONSTRUCTION, INC., LOCATED 10486 SAN FERNANDO AVENUE WHEREAS, Lotus Development and Construction, Inc., Grantor, has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for water line 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 approx- imately 0.014 acre, located along the southerly boundary of Lot 4, Tract No. 8585, San Fernando Avenue. 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 3rd day of Dc tober , 1994, by the following vote: ~ AYES: NOES: ABSENT: ABSTAIN: Members of the Ci~ Council Bautista, Burnett, Dean, Sorensen, Koppel None None None APPROVED: / s / Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk GIWiI'I' œ l!:ASI!JII!Iœ 1IIm!R LIIŒ l'UCtUimj IOI.œ ~ AlÐ CDc:>'.DU.:J:'.IU'I. INC. hereinafter called GRANroR, hereby grants to the Cl'lY OF aJPERl'INO. a IIL1nicipal \AJL~dtion, hereinafter called GRANl'EE, the right to excavate far. install, replace (of the initial ar any other size). maintain am. use far water line p.n:pases as Grantee shall fran time to time electric within the hereinafter described property of those certain pr<>m; -es which are situate in the City of 0Jpertin0, Ca.II1ty of Santa Clara. state of California, am. described as follows: (Description Attached) Grantor hereby further grants to Grantee the right am. privilege to enter upon his lands c:ontiguoos to am. al<D3 the line of said here:inabJve described strip far the p.npose of locatirKJ, constructin;J, repairin3', mai.ntainin;r, ar replacin3' said water line ar a¡;:p¡rtenances thereto, am. far the p.¡rpose of doin3' any J'}()OOS"!\rY ar lawful act in connection with the construction ar maintenaIDe of said water line there is also granted the right of the use of sufficient lan::1 contiCJl.D]S to said strip on either ar both sides thereof far the p.¡rpose of excavation of am. deposit of earth am. ~~uy brllding material durin3' the time of COb.l.LI.lctin3' said waterline, am. any repair thereof. '!he foregoin3' is subject to the follCIWÏn:J express ocnlitions: '!he Grantee agrees to restore the groom surface am. any iDprovements thereon to its ariginal grade ar ocnlition insofar as it is practicable am. reasonable to do so. IN.~ WHmEDF, '"j ~es have ~ this Grant of F:o-T1t this A. day of ~ ï- I 199 -L. ~~.£tia>. >re, ,"$/J0t¿C $¡¡.æ..UC!1 , ?i¿fS. I (NotaJ:y ackna.rlMgJnøT1t to be attached) ALL.PURPOSE ACKNOWLEDGMENT State of {¡~~~ } County ~~ 7. (JJ.~ /J Or - II, - ý' i before me, '-6.-/, z:.. ~ iJ~ DATE ~E, TITL OFFICER· E.G.. ·JANE DOE, NOTARY PUBLIC personally appeared Xr; r r (:j.. r ~ .¿ .5 AME(S) OF SIGNER(5) . ~perSOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~ whose name¡B) is/aFe subscribed to the within instrument and ac· knowledged to me that he/she.~hey executed the same in his/her/their authorized capacity(ies-), and that by his/Rer'thllir signature,l6) on the instrument the person\S1, or the entity upon behalf of which the person¡g) acted, executed the instrument. Witness and and official seal. On \C!)C<!)¡;<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)C<!)~ ¡¡ " ROBERTA ANN WOLFE ~ ¡¡ ~. Comm. No. 996834 )" U ~~~~~1· NOTARY PUBLIC· CAlIFORN1A ,: V'I \(_...M;., Y ( '! ,ci/i;.. SANTA CLARA COUNT ä % My Commission Expires June 11, 1997 ,~ ,~~~~~~~G);:2~~~~G»:)~C¡ SIGNATURE OF ARY NO 209 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL(S) ãf CORPORATE /I OFFICER(S) ¡; u ,cL~" f- TITLE(S) o PARTNER(S) o ATTORNEY·IN·FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: p'-, ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment ot this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document lj/l.A .I- ~ fì -' .A .ß~ MUST BE ATTACHED /~ 9' / Ú TGTHE DOCUMENT Number of Pages Date of Doc ment - (b - f DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ~. . , - 01991 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave. ' P.Q, Box 7184' Canoga Park, CA 91304·7184 LEGAL DESCRIPTION WATER LINE EASEMENT DEDICATION 10486 San Fernando Avenue All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a Southerly portion of Lot 3 of that certain Map of Tract 8585, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 17, 1993 in Book 649 of Maps, at Page 41 and 42. Beginning at the Southwest corner of Lot 3 of said Map of Tract 8585; thence from said POINT OF BEGINNING along the Southerly property line of said Lot 3, East 116.94 feet to a point of intersection with Northerly line of McClellan Road; thence along said Northerly line from a tangent bearing ofN 28° 57' 18" W along a cUlVe to the right with a radius of 80.00 feet through a central angle of 4° 48' 29" for an arc length of6.71'; thence leaving said Northerly line, West 122.94 feet to a point in the Westerly line of said Lot 3; thence along said Westerly line S 0° 08' 40" W 3.00 feet to the POINT OF BEGINNING. Containing: 359 sq. ft. or 0.008 acres, more or less. """'", '" ,,7 A ~ '. ,"<, 't '.' ~ II ,," . .', ,.,,,! L._:-~_~;1 '~_}i & ... 350.78' '0 .. .; .. LOT =50' 1 SCALE !' o ~ 0 .. 0 p ci o .. o on 85.00' 589'51'20"E LOT 2 \j 125.00' 589"5"20"E o a 2:: «fLu 2:: .::> Q 2:: Lu Lu k .> 2:: « « C/) S89"51'20"E .....~\ Y'~ i. ~. i. LOT 7 '46.68' N89'S1'20"W ~ .~. .. .. ~ " '" ,..: '" 12'52'00· 80,00' 17.97' ",. R . l . LOT 3 359. sq. It. ..., 0.008 oeres 22.9'" i" o .. .. p o o z \?---r 182.03' - LOT 4 C() LOT 6 5.79' 589"51'20"E ;,. o ,,' .., LOT ~ '~/'- - .. !f) _. " " ¡;; ig fj 633. sq. It. 0.014 acre, RO AN 6 - O~·48·29· R - 80.00' L . 6.71' N90"OO'OO"W N 28'57'18" .37' 21 210.69' S90'OO'OO'E 3.08' w 5362 TRACT () ? PLOT TO ACCOMPANY LEGAL DESCRIPTION 'iIT 8 1--1 i Pv , i\