CC Resolution No. 93820 0
RESOLUTION NO. 9382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM
THE ROMAN CATHOLIC BISHOP OF SAN JOSE, A CALIFORNIA
CORPORATION, APN 316- 26 -87, DEANZA BOULEVARD
W'-IEREAS, The Roman Catholic Bishop of San Jose, a California 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 - 26-87,
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 j ,mot y , 1995, by the following vote:
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
eel
Mayor, City of no
ATTEST:
City Clerk
0 0
GRAwr of S1DISr` Z MS MEHr
APN 316 -26 -87
SSE HIM C1lEHOLIC OF SAN amE ]1 Gi+il��rA .ua�
hereinafter called Grantor, hereby grant to the CITY OF CLTERTIIU, a
municipal corporaticn, hereinafter called Grantee, the right to excavate
far, install, replace (of the initial or any other size), maintain and use
for sidewalk purposes as Grantee shall fr time to time elect within the
hereinafter described property of those certain premises which are situate
in the City of Wpertino, county of Santa Clara, State of California, and
described as follows:
(Description Attached)
trantar hereby further grants to (hantee the right and privilege to
enter upon his lands contiguous to and along the line of said hsreinabom
described strip for the purpose of locating, oocstnctirg, repairing,
maintaininig, or replacing said sidewalks or appurtenances thereto, and for
the purpose of doing any necessary to lawful act in connection with the
construction or maintenance of said sidewalk; 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 excavaticn of and deposit of earth
and necessary building material during the time for om structiM said
sidewalk, and any repair thereof.
one foregoing is subject to the following express conditions:
one 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 Winans w9 MFS, said parties have executed this Grant of Easement
this ?.w day of - - 1 199 f•
(Notary acknowledgment
to be attacine3)
0
STATE OF CALIFORNIA
COUNT! OF SANTA CLARA
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0
On thin ind 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 his /her authorized capacity, and
that by hie /her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the
instrument.
W ness my hand and official seal
ung"MMUUmm"annmmmmurm
EDWARD D. NINO
a Comm. #9691416 ;
a `" rmun PUMM - CALVO&M ZDW D. VINO
Cailm a SAWA CuaA
c.... Erµ My 13. 1996
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LEGAL DESCRIPTION
SIDEWALK EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DE ANZA
BOULEVARD (FORMERLY SARATOGA- SUNNYVALE ROAD) WITH THE NORTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED
IN BOOK 3454 OF OFFICIAL RECORDS, PAGE 341, SANTA CLARA COUNTY
RECORDS, SAID POINT OF COMMENCEMENT BEING ON SAID CENTERLINE
DISTANT NORTH 0'03" WEST, 660 FEET FROM THE INTERSECTION WITH THE
CENTERLINE OF STEVENS CREEK BOULEVARD;
THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID NORTHERLY LINE
NORTH 89'55000" EAST 97.60 FEET TO THE TRUE POINT OF BEGINNING;
THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING ALONG SAID
NORTHERLY LINE NORTH 89'55'00" EAST 7.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND DISTANT 104.60 FEET EASTERLY
MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF DE ANZA BOULEVARD
SOUTH 0'03'00" EAST 135.26 FEET;
THENCE SOUTH 17.09134" EAST 33.31 FEET;
THENCE SOUTH 0'03000" EAST 12.90 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL DESCRIBED IN THE DEED RECORDED IN BOOK 3454 OF OFFICIAL
RECORDS, PAGE 341;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'55'00" WEST 7.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND DISTANT 107.40 EASTERLY
MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF DE ANZA BOULEVARD
NORTH 0'03100" WEST 11.85 FEET,
THENCE NORTH 17.09134" WEST 33.31 FEET;
THENCE NORTH 0'03000" WEST 136.31 FEET TO THE TRUE POINT OF
BEGINNING.
DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND LAND
SURVEYORS, INC.
Ij1N0 sUR
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,� ^ � _a�•� �,,` �. 6Vl�s Aso
DATE TW WILSON, L.S. 64
EXPIRATION 12 -31 -9
* EXP.
yo. 642 �P
Q OF CAUF�Q�
0706LD.MK
s
�1• _ n Ott ji uu c
40.00' J0.00'
T.P.0.8. 7.00'
- P.o.c. 30.00
—� 7.00
�L--1 SIDEWALK EASEIENT
AA.I 1.1093
PLAT TO ACCOMPANY SCALE
LEGAL DESCRIPTION DR. By UK
K I ER & WR I GHT m 70076 -20
SIDEWALK EASEMENT CIVIL ENGINEERS t SURVEYORS. INC. SKET la.
3250 Scell b.10e4. N1141.1 22 (1061n1 -6667
$.to Cie.. Glllernl• 0074 TAX 106 T2T -7611 1 of 1
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LINE TABLE:
LINE
BEARING DISTANCE
L1
N 17'09'34' W 33.31'
L2
N 00'03'00' W II.JO'
L3
N 00'03'00' M 11.85'
STEVENS
CREEK BOULEVARD
DATE
AA.I 1.1093
PLAT TO ACCOMPANY SCALE
LEGAL DESCRIPTION DR. By UK
K I ER & WR I GHT m 70076 -20
SIDEWALK EASEMENT CIVIL ENGINEERS t SURVEYORS. INC. SKET la.
3250 Scell b.10e4. N1141.1 22 (1061n1 -6667
$.to Cie.. Glllernl• 0074 TAX 106 T2T -7611 1 of 1