CC Resolution No. 9469RESOLUTION NO. 9469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
LOTUS DEVELOPMENT AND CONSTRUCTION, INC., A CALIFORNIA
CORPORTAION, LOCATED 10130 ORANGE AVENUE, APN 357 -17 -104
WHEREAS, Lotus Development and Construction, Inc., a California Corporation,
Grantor, 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 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, at 10130 Orange
Avenue.
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 and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October, 1995, by the following vote:
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor, City o upertino
ATTEST:
Crit—yClerk --
GRANT OF EASEMENT
for
PUBLIC UTuxnES
10130 Orange Avenue
APN 357 -17 -104
Lotus Development & Construction Inc -, a California corvoration 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 UTILITY 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 UTILITY 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 materia 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 - SREOF, said parties have executed this Grant of Easement this
day of .
Lotus evelopment onst.Inc.
A California corporation
(Notary acknowledgment
to be attached)
1
• .
r-".!! 31 n
(APN 357 -17 -104)
An easement for public utilities consisting of all of that real property
lying within the limits of incorporation of the City of Cupertino,
California described as follows:
BEGINNING at the Northeast corner of Lot "E" in Block 4 as shown upon that
certain map entitled " Resubdivision of Subdivision No. 1 Town of Nonta
Vista" as recorded in Book P of Naps at page 24 Santa Clara County records;
thence along the North line of said Lot E West 115 feet; thence along a line
that is parallel to the center line of Orange Avenue, 30 feet wide, as shown
on the above mentioned map, said Orange Avenue being vacated by Resolution
No. 5929 of the City Council of the City of Cupertino, South 40 feet to the
TRUE POINT OF BEGINNING thence continuing along said line South 40 feet;
thence West 10 feet; thence North 40 feet; thence East 10 feet to the TRUE
POINT OF BEGINNING.
Containing 400 square feet and being a portion of the above mentioned Lot E.
(PUE dedication)
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ORANGE A VENUE
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40.00' 40.00' — o
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L 40.00 _ L 40.00' J
SOUTH
ExHiBIT B
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 3, 1995, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Barre
Barnes, personally known to me to be the person
whose name is subscribed to the within instrument
and acknowledged to me that he executed the
same in his authorized capacitie and that by his
signature on the instrument the person, or the
rocococosoRcOBERTA cAoNeN ci oWoOcoLFE � entity upon behalf of which the
person acted,
Comm. No. 996834 yt� executed the instrument.
QNOTARY PUBLIC • CAUFORNIA in '
SANTA CLARA COUNTY O
WITN m hand and official seal.
My Commission Expires June 11, 1997
y
�c�c�oac�cx�cucracr�c�cyacr��cxa�Yac
Si nature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE
❑PARTNERS ❑LIMITED
❑GENERAL
❑TRUSTEE(S)
❑GUARDIAN /CONSERVATOR
❑OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Lotus Development & Const. Inc.
Grant of Easement
TITLE OR TYPE OF DOCUMENT
ATTORNEY -IN -FACT
NUMBER OF PAGES
October 3. 1995
DATE OF DOCUMENT
N=
SIGNER(S) OTHER THAN NAMED ABOVE