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CC Resolution No. 9528 . • . • ~ RESOLUTION•NO. 9528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEP'fING A GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM BOLLINGER II ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, LOCATED AT THE NORTHWEST CORNER OF SARATOGA- SUNNYVALE ROfiD AND BOLLINGER ROAD WHEREAS, Bollinger I[ Associates, a Califomia Limited Purtnership, Grantor, has executed a Gr~nt of Easement which is in good und sufficient form, conveying to the City of Cupertino, Grantee, an easement for sidewulk purposes over the property situate in the City of Cupertino, Counry oF Santa Clarn, State of Califomin, more purticularly described in Exhibit "A" nnd Exhibit "B", attached hereto and made a part hereof• Alt that certain reat property situnte in the City of Cupertino, County of Santa Clara, Statc of Califomia, located at the northwest corner of Saratoga-Sunnyvale Road nnd Boilinger Road NOW, THERHFORE, BE IT RESOLVED, thut the City of Cupertino uccept said grant so tendered: nnd BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said Grant of Easement and this resolution. PASSED AND AD4PTED at a regula~ meeting of ttu City Council of the City of Cupertino this 2nd day of )anuary, 1996, by the following vote: y~p,tg Members of the GitX ouncil AYES: Bautiata, Chang. Dean, Sorenaen, Burnett NOES: None ABSENT: None ABSTAIN: None APPROVED: N - Mayor, City of Cupertino ATTEST: City Clerk • ~ GRA~ff OF SIDEWALK EASEMENT When Recorded Mail to: City of Cupertino 10300 Torre Avenue Cupertino, Calffornia 95014 Attentfon: City Engineer Record without fee under ' Sectlon 6103 - Government Gode, State of Calffomia SPACE ABOVE THIS UNE FOR RECORDER'S USE ' @~llinaer II Asanr.iataa A Cafitomia Ltmited Partnershio, hereln8fte~ Called Grantor, hereby grant to the CITY OF CUPERTINO, a municipal corporatlon, here(nafter called Grantee, the right to excavate Tor, install, replace (of the iniUal or any other size), malntain and use for sidewalk purposes as Grantee shall irom time to tfine elect within the herefnafter described property of those certain premises which are situate in the Ciry of Cupertlno, County of Santa Clara, State of Califomia, and described as follows: (See Attached Exhibit "A'~ Grantor hereby further grants to Grantee the right and privilege to enter upon his lands conUguous to and along the Ilne of sald hereinabove described strip tor the purpose of locat(ng, constructing, repairing, maintalning or replacing sald sidewalks or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connectfon with the construction or maintenance of said sidewalk; there is also granted the right of the use of sufiicfent land conUguous to sald strip on either or both sides thereaf tor the purposes of excavatlon oi and deposit oi earth and necessary building mate,~ial during the time of constructing said sidewalk, and any repair thersof. The foregoing is subject to the following express conditlons; The Grantee agrees to restore the ground sur(ace and any improvements thereon to its original grade or condition insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, said parties have executed this Grant of Easement this 29th dayof November , 19 45 o n ae , A Cal omia Li ed Partnershi (Notary acknowledgment to be attached) t~leao CALIFORNIA ALL-PU ~ SE ACKNOWLEDGMENT • Ha. 5907 S13t8 Of California COUnty Of Santa Clara O~ November 29, 1995 before me, Susan A. Ga[to. Notarv P~b i~ DAiE NAME. TITLE OF OiFICEfl. E.4.'JAI~ OOE. NOTMY PUBLIC ' personally appeared Charles K. Stegner rwaE~s, a eqr~rµs, ' ~ personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- ! knowledged to me that helshe/they executed ! the same in his/heNthelr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or tho entity upon behalf of whlch the oooaooaoaooooooooooavaooovcvcv person(s) acted, executed the instrument. ~ SUSAN A DATTO ~ Comm.No.1o10728 > ~ ranwra~euc.c~u~wu ~ WITNE S my hand and official seal. Q SlUJTACUIRA COUNiY My Commhsim E~~ Dxombar 2.1~7 ~ Aua~+u~~a~ ~9 TURE flF NpTARV OPTIONAL Though the data below is not required by Iaw, it may prove valuable to persons relying on the document and could prevent traudulent reattachment ol this lorm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ? INDIVIDUAL ? CORPORATE OFFICER Grant of Sidewalk Easement TITLE OR TYPE OF OOCUMENT ~ PARTNER(S) LJ LIMITED ? GENERAL 3 ? ATfORNEY-IN-FACT NUMBER OF PAGES ? TRUSTEE(S) ? OUARDIAN/CONSERVATOR ? OTHER: November 29, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: rur.~ oc venspNS~ oa enrtm~s~ Rollinger II Asaoclates SiGNER(S)OTNERTHANNAMEDABOVE O1B93 NATIpNAL NpTAHV AS$pCIATiON • 82~g Remmet Ave.. P.O. Bo:71B1 • Canppa PaAt. CA 91J09-7184 • ~ 95027 #782 6/6/95 RBP DESCRIPTION PUBLIC UTILITY EASEMENT (PUE). SIDEWALR EASEMENT (SWE) All that certain real property aituate in the City of Cupertino, County of Santa Clara, State of California being an easement for the inatallation and maintenance of public utilities and aidewalk facilitiea deacribed as followa: BEGINNING at the Northeasterly corner of that certain parcel of land shown on that certain Record of Survey for Harbor Service Statione inc. recorded in Book 213 of Mapa at Page 39, Santa Clara County Recorda; thence leaving said POINT OF BEGINNING along the general Easterly and Southeasterly line of said Parcel South 0 deg. 03 min. 00 sec. Weat 117.46 feet and along a tangent curve to the right with a radius of 60.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 94.44 feet; thence leaving said general Southeasterly line from a tangent bearing of South 89 deg. 46 min. O1 sec. East along a curve to the left with a radiua of 55.00 feet through a central angle of 90 deg. 10 min. 59 sec. for an arc length of 86.57 feet to a point on a line parallel with and diatant 5.00 feet Westerly measured at right angles from said Easterly line of said Parcel; thence along said parallel line North 0 deg. 03 min. 00 sec. East 122.45 feet to a point on the general Northerly line of said Parcel; thence leaving eaid parallel line along said Northerly line 89 deg. 54 min. 30 aec. East 5.00 feet to the POINT OF BEGINNING. Pr red June 5, 199 !0~ N(ARK THOMAS R ~{y `~yc+ \ 4 'b . Phillip R 26231 ' Expirati 3/31/ si~~OF C ~F~Q'' 6~ ~~~T A E~~ ' ~ CITY OF CUPERTINO SANTA CLARA COUNTY, CALIFORNIA 5.00' P.0.8. P.U.E. de 10'P.G.dcE.ESMT (BK.4351 O.R.435) S.W.E. - - IJ$§'~4~b"~ 13~.4~'- - - ~ 3'P.U.E. 5' S.W.E. & ~I io P.U.E. ~ O EX P Tl . MT.II ~ ~ ~ ` BK.J818 O.R. 1805 W ~`'II o ol I W APN: 359-23-017 RECORD OF SURVEY oii o a BK. 213 PG. 39 Z~~ Z ~ AREA 0.53 ACRES ~i z = w~ z ~ ~ ORIVEWAY EASEMENT ~ 60 00,59 ~ (8K.7505 O.R. 600) L=94.44' / ~ R=55 0059w~/ O ~i~9~ ¢ 35.19' ~ N89'46'b1 N89'46 Ot W 74.81 Q N BOLUNGER ROAD PLAT TO ACCOMPANY DESCRIPTION PUBUC UTIUTY EASEMENT (P.U.E.) AND SIDEWALK EASEMENT (S.W.E.). CUPERTINO CAUFORNIA MARK j.kfOMAS` & C0. INC. coa~r~c uvn. crcnKUa . xrrcn~.~ ruu.,us OTtU2 I!! SAn .A~'E'JGTUR ~SM.RAKH70 ~wD SalOUi " TwP ~m 'ag . ~ ~ 95027 1 / Q. h TM+ i/ ' u,rc 5/8/9S ~Jpg j ~,~c-- ~ ~n.c ~n v' 1'=40' v¢ ra `1 (F.~ f.J'`%~ 95027NEW ~ ~6~~~f!'.~~.'~I~~~. . . . . . . . . . _ . .