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CC Resolution No. 9529 R.~ . . < ~.s«, . . _ ~ ~ ~ RESOLUTION NO. 9529 A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF CUPERTINO ACCEPT[NG A GItANT OF EASEMENT FOR PUBLIC UTILITIES FROM BOLLINGER II ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, LOCATED AT THE NORTHWEST CORNER OF SARATOGA-SUNNYVALE ROAD AND BOLLINGER ROAD WHEREAS, Bollinger II Associates, o Cttlifomia Limited Partnership, Grnntor, has executed a Grant of Esuement 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", attuched hereto and made a part hereoE I All that certain real properry situate in the City of Cupertino, Counry of Santa Clara, State of Califomiu, located at the northwest corner of Saratoga-Sunnyvale Road and Bollingcr Road NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED, that the City Cierk is hcreby authorized to record suid Grant of Easement and this resolution. PASSED AND ADOPTED at a regular mecting of the City Council of the City of Cupertino this 2nd day of January,1996, by the foilowing vote: /~@ Members of ~he Gity .o mcil AYES: Bautista, Chang, Dean, Sorensen. Burnett NOES: None ABSENT: None ABSTAIN: None APPROVED: Mayor, City of Cupertino ATTEST: ~ ~ City Clerk . . GRANT OF PUBUC UTI~ EASEMENT ~ When Recorded Mall to: Ciry of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attention: City Engineer Record without fee under ' Section 6103 - Govemment Code, State of Calitomia SPACE ABOVE THIS LINE FOR RECORDER'S USE , hereinafter called Grantor, hereby graM s) to the CITY OF CUPERTINO, a municipal corporation, hereinaiter called Grantee, the right to excavate for, install, maintafn and use tor public utlliry purposes as Grantee shall from time to time elect within the hereinafter described property of certain prem(ses which are situate in the City of Cupertino, Counry of Santa Clara, State of California, and described as follows: (See Attached Exhibit'A') Grantor hereby further grants to Grantee the right and privilege to enter upon his lands contiguous to and along the line of safd hereinabove described strip for the purpose of locatfng, construcdng, repairing or maintaining safd public utilitles or appurtenancea thereto, and tor the purpose of doing any necessary or lawful act (n connection with the construction or maintenance oi said public utilfties; there is also granted the ~ight of the use of sufficlent land contiguous to said strip on either or both sides thereof for the purposes of excavaUon of and deposit of earth and necessary building mate~ial during the time of constructing said public utilities, and any repair thereof. The toregoing is subject to the following express conditions: The Grantee agrees to restore the ground suriace and any improvements thereon to its origfnal grade or conditfon insofar as ft fs practicable and reasonable to do so. IN WITNESS WHEREOF, said parties have executed this Grant of Easement th(s 29th dayof November , 19 95 A C gemia Lfm d Partnersh (Notary acknowledgment to be attached) n~.uem CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT ~ r~.,~, St8t8 Of California COUnty Of Santa Clara Ofl November 29. 1995 befors me, Susan A. Ga[Eo. Notarv Public ~ ~TE tL1ME. iRIE OF OFiiCER • E0..'JMIE OOE. NOTANY PUBUC ~ personally appeared Charlea K. Steener ~l~l a ~19) ~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wlthin instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by h(s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ~ Sus~wq,c3qrTp person(s) acted, executed the instrument. ~ . Comm. No.1010728 p NOiARYPL~IiC•GW~IIA N s~rrr~cu?w? c~urm °X WITNE S my hand and official seal. ~ My commisston E~N.s oaameor2,1so7 ~ ~o ~ s n~ ov Norusr OPTIONAL Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED OOCUMENT ? INDIVIDUAI ? CORPORATE OFFICER Grant of Public U[ility Easement TITLE OR TYPE OF DOCUMENT ~ PARTNER(S) ~ UMITED ? ~ENERAL g ? ATfORNEY-'N-FACT NUMBER OF PAGES ? TRUSTEE(S) ? GUARDIAWCONSERVATOR ? OTHER: Nwember 29. 1995 DATE OF DOCUMENT SIGNER IS REPRESEt~tTiNQ: wu,~ aF rEnsowsi oa er+mv~s~ Bollinzer II Aasociatea SIGNER(S) OTHER THAN NAMED ABOVE 01999 NATIONAL NOTARY ASSOC~ATIpN • 82~8 Remmet Ava., P.O. Box 7184 • Cgnoya par1~ CA g13pg.71 gA ~ ~ . ~ _ . ~ . . Y...~~ „ ~.~a,~ ~ x~: . . . ~ ~ ~ ~ 95027 #782 6/6/95 RBP DESCRIPTION PUBLIC UTILITY EASEMENT (pLiE), SZDEWALK 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 utilitiea and aidewalk facilitiea described as followa: I SEGINNING at the Northeasterly corner of that certain parcel of land ahown 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 Southeaeterly 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 Weaterly measured at right anglea from eaid Eaeterly 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 said 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 '10~ ~ THOMAS R. ~ c~'y~ 4 b ~ Phillip R a' E~2823i y' Expirati 3/31/ sP~jfOFCA~~F~~~ f~61GD1~ A~9 CITY OF CUPERTINO SANTA CLARA COUNTY, CALIFORNIA 5.00' P.O.B. P.U.E. & 10'P.G.dcE.ESMT (BK.4351 O.R.435) S.W.E. IV$~'~4'$~"~ 134.43T - - ~ 3'P.U.E. 5' S.W.E. & ~I in P.U.E. ~I ~ O E.P I Ti. MT~~^ ~ BK.J818 O.R. 1805 ~ o~ ~ °o APN: 359-23-017 ~~I ~ W RECORD OF SURVEY oii o > BK. 213 PG. 39 Z~~ z AREA 0.53 ACRES I~ Z . Z ~ • DRIVEWAY EASEMENT p-90'10;59" N (BK.7505 O.R. 600) R=60.00 ~ L=94.44' / +~y ~a9~~~~~59~ ~ Q L=86.57' ~ ~i~9 R=55.00' ~ ~ i 35.19' a N89'46'b1 W N89'46 01 W 74.81 ~ Q N BOL~INGER ROAD PLAT TO ACCOMPANY DESCRIPTION PUBUC UTILITY EASEMENT (P.U.E. AND SIDEWALK EASEMENT (S.W.E.3. CUPERTINO CALIFORNIA MARK T~fBM~S & C0. INC. ~t~c ava acarcc,~s ~ ~aucv.~ ru~wus Qrms oi s,w Asywan~o s~.n,wrxro ~wo sKUUs R7fOt? ~Y TVP ~ O~ .m ra a[lT Q~ „ THM - 95027 1 / e+tt 5/8/95 n / y t~ ru ~n ~ ~ I'=4o• aa w ~~a-~' ~..r.,':;% 95027NEW ~ ~ ~~F~~~~~~T R"