CC Resolution No. 9380RESOLUTION NO. 9380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM
THE ROMAN CATHOLIC WELFARE CORPORATION OF SAN JOSE, A
CALIFORNIA NON PROFIT RELIGIOUS CORPORATION, APN 316- 26-91,
DEANZA BOULEVARD
WHEREAS, The Roman Catholic Welfare Corporation of San Jose, a California
Nonprofit Religious Corporation, has 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, APN 316- 26 -91,
DeAnza 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 dedication and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of July ,1995, by the following vote:
J1.= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APP VED:
Mayor, laity of gpeMino
ATTEST: `
City Clerk
G PAW of SIDEWaR FASEMERr
APN 316 -26 -91
L'19W l WMALULLA 3 cualaflsa:us.. & Laia,aa,.,c..i ----f i r --- —
the Crest 5P Q>E+fIZPI m, a municipal corporation, hereinafter called
Grantee, the right to excavate for, install, replace (of the initial or
any other size), maintain area use for sidewalk purposes as Grantee shall
from time to time elect within the hereinafter described property of those
certain premises which are situate in the City of Cupertino, County of
Santa Clara, State of California, and described as follows:
(Description Attached)
Grantor hereby further grants to Grantee the right and privilege to
enter upon his lards contiguous to and along the line of said hereinabove
described strip for the purpose of locatiry, constructing, repairing,
maintainir , or replacim, said sidewalks or appurtenances thereto, and for
the purpose of doing any necessary to lawful act in =rr>ection with the
constriction or maintenance of said sidewalk; there is also granted the
right of the use of sufficient land aontiguoas 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 for ca wb ting said
sidewalk, and any repair thereof.
Zhe foregoing is subject to the following express conditions:
Zhe Grantee agrees to restore the groux-d surface and any improvements
thereon to its original grade or cacdition insofar as it is practicable
and reasonable to do so.
MEMF, s4id parties have Owartsd this Grant of Easement
this ,gWI2 day of 9S -
(Notary acknowledgment
to be attached)
STATE OF CALIFORNIA }
COUNTY OF SANTA CLARA ) Be.
}
On this 2nd day of June, 1995, before me, EDWARD D. NINO, a
Notary Public, State of California, personally appeared FATHER
MICHAEL J. MITCHELL, personally known to me to be the person whose
name (s)he subscribed to the within instrument and acknowledged to
me that (s)he executed the same in hie /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.
Witness my hand and official seal
tluu:mnnnnutatu��nafpnnunmrn�msw �
EDWARD D. NINO
COMM. #968416
a °
100TART rwuc — cuuu-nu
commr or MNTA cuu EDWARD D. NINO
C.� E■p. J.1y 13. 1996 1
MMUNUUMMUMMUNWAM
LEGAL DESCRIPTION
SIDEWALK EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
BEING A PORTION OF PARCEL 2, AS SHOWN ON THAT PARCEL MAP
FILED FOR RECORD IN BOOK 565 OF MAPS AT PAGES 6 AND 7,
SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF CENTERLINE OF STEVENS
CREEK BOULEVARD AND CENTERLINE OF DE ANZA BOULEVARD
(FORMERLY SARATOGA- SUNNYVALE ROAD);
THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE
CENTERLINE OF DE ANZA BOULEVARD NORTH 0 °04'00" EAST
440.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 3742 OF OFFICIAL RECORDS AT PAGE 398;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89 °59100" EAST
107.40 FEET TO THE TRUE POINT OF BEGINNING. SAID TRUE
POINT OF BEGINNING BEING 37.40 FEET DISTANT FROM THE
SOUTHEASTERLY CORNER OF THE ROADWAY EASEMENT RECORDED IN
BOOK D955 OF OFFICIAL RECORDS AT PAGE 216;
THENCE ALONG A LINE PARALLEL WITH AND DISTANT 107.40 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF
DE ANZA BOULEVARD.NORTH 0 °04100" EAST 40.00 FEET TO THE
NORTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89 059100" EAST
7.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND DISTANT 114.50 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF
DE ANZA BOULEVARD SOUTH 0 °04100" WEST 40.00 FEET;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 059100" WEST
7.00 FEET TO THE TRUE POINT OF BEGINNING.
DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND
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