CC Resolution No. 9547 ~ ~
RESOLUTION NO. 9547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTMO
ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK PURPOSES
FROM ALLAN G. BYER AND MARIAN BYER; LOCATED AT
20850 STEVENS CREEK BOULEVARD; APN 354-08-23
WHEREAS, Allan G. Byer and Marian Byer, Grantors, have executed a Grant of
Ensement, which is in good and sufficient form, conveying to the City of Cupertino,
Grantee, an easement for sidewalk purposes over the property situute in the City of
Cupertino, County of Sunta Clara, State of Califomia, 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 CnliFornia,
located ut 20850 Stevens Creek 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 uuthorized to recor~+
said Grant of Easement und this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of January, 1996, by the following vote:
YQI€ ~si1112CIS 4f IIh~ ~1LX ~9!lriCll
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
pTT~~ APPROVED:
~~m t[~,l.cn
~ ity Clerk Mayor, City of Cupertino '
~ ~
i
~ GRANT
OF
SIDEWALK EASEMENT
APN 359-08-023
20850 Steveas Creek Blvd.
AIIAn G. Bver snd MariAn Bver husband and wiFe, hereinaRer called Grantor, hereby gant(s)
to the CTTY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to
accavate for, instali, replace (of the initial or any other siu), maintain and use for aidewalk
purposcs as Grantee shall from time to timc elect within the hereinafter described proptrty of
certain premises which are situate in the City of Cupertino, County of Santa Clara, State of
California, and described as follows:
(~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, maintaining, or replacing said sidewalks or appurtenances thereto, for the
purpose of doing any necessary or lawful act in connection with the construction or maintenance
of said sidewalk; there is also granted the right of tha use of sufficient land contiguous to aaid
strip on either or both sides thereof for the purposes oF accavation of and deposit of earth and
necessary building material during the time of constructing said sidewalk and any repair ther~£
The forcgoing is subject to the following express conditions:
The Grantee agrees to reston the ground surface and any improvements thereon to its
origina! grade or condition insofar as it is practicable and reasonable to do so.
1N WTPNESS WI~REOF, aaid parties have executed this Grant of Easement this
day of /a -~,t _ l g Q5.
Owners:
~
Allan G. Byer
/
~iL~L< ~ `
Marian Byer
(Notary aclrnowledgment to be attached)
CALIFORNIA ALL•PUNP~ ACKNOWLEDGMENT • ~ 5~,
State of C~L~ L~~~t N' id
Countyof Sd~,/ ~rzaw ~~s
On ~iz i t. /S5~ before me, ~~N~ V~~ ~/f . N~7,v~y ~a ~c, ~
are wa~, nne oF o~~n. e.a.. •,uv+~ . noT~nr rue~~ ~
personatly appeared M~ i.o~~ or ~iC ,e,? ~ isy~`
r~ist oF sa~~s~
I~ personaliy known to me - OA - ~ proved to me on the basis of satisiactory evldence
to be the person(s) whose name(s) ~h/are
subscribed to the within instrument and ac-
knowledged to me that bs/r,Fre/they executed
c~ruva+ the same in p~is7~their authorized
~ ca~wtsvwe~t
~Qrr~a~-cdb,,,b ~ capacity(ies), and that by bisll~/their
~'"~°COC°~"^' si nature s p ~ ~
~+rcomm.~r..~~,~~ g on the instrument the erson s,
! or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and of(icial seal.
SMyATURE OF NOT~RY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persona relying on the document and could prevent
Iraudulent reattachment of this tortn.
CAPACITY CLAIMEO BY SIGNER OESCRIPTION OF pTTACNED DOCUMENT
? INDIVIDUAL
? CORPORATE OFFICER
T~~~ TITLE OR TYPE OF DOCUMENT
? PARTNER(S) ? LIMITEp
? GENERAL
? A7TORNEY•IN-FACT NUMBER OF PAGES
? TRUSTEE(S)
? GUARDIAWCONSERVATOR
? OTHER:
DATE OF DOCUMENT
SIGNER IS qEPpESENTING:
wwE OF PE0.401MS1 OR EHTrtVpE5)
SIGNER(S) QTHER THAN NAMED ABOVE
01993 NATIONAL NpTARV ASSOCIATION • 82N, Remmet Ave., P.O. Bo¦ 718a • Canoga Park, CA 91309~7f M
~ ~
File No. 9510
November 14, 1995
LE(iAL DEBCRIPTION
FOR
8ZDSIIAI,IC SABEMENT
BYBR TO CITY OP CIIPBRTINO
Heing a portion of that parcal of land conveyed to Al1an G. Syer
and Marian Byer by deed recorded September 2, 1993, in Book M980
at page 2074, Official Records of Santa Clara County, California,
more particularly described as Pollow:
Beinq a strip of 2and of the uniform width of 6.00 feet lying
contiquous to and southerly of the northerly line of said
premises and extendfnq from the easterly boundary line of said
, premises to the westerly line of said premise said northerly line
being more particularly described as Pollows:
I Beginninq at the northeasterly corner of said parcel conveyed to
Byer, said northeasterly corner also being on the southerly line
of Stevens Creek Houlevard, formerly Stevens Creek Road, said
street having a half width of 75.00 feet; thence alonq said
southerly line of Stevens Creek Boulevard, S 89° 57~ 15" W,
301.74 feet to northwesterly corner of said parcel conveyed to
Byer and the terminus of this description.
CONTAINING 1,810 square feet, more or less.
This real property description was prepared by me or under my
direction in conPormance with the ProPessional Land Surveyor's
Act.
S ignature : ..G~
Lester Ikegam , RCE 30520
Expires: 3-31-96 Q~p~ES~pN
~Q~,a~.~~R iKFC
~~,y
nata: _ /i~/y~9r ; ~ 9~ ~
z
~ No.30520 m
o~ ~
~~ti r.. J} q~,~, GVIt O~~a\~
`~~~TA * *
• ~F CAl\F
_
~ r ,
r~,; ~ . . ~ ~
N
~ ~ • e
-x e-
STEVENS CREEK BOULEVARD
SCALE: t"-100'
Wonument line
I - - - - - - -
n B~ SIpE~MAI.K EASEAIENT
(I'1T aF BF'CINNiN(`
in
n
- - - - - - - - s a~_sr is• w x~.~4'
- - -
~
~ n I
I W~ 1
~~g 1
1 g I~ I P.~'EZ D I
PARCBL C
I LANDS 0 81'ER ~ m
N ~ (M980-Of~ 2074)
~ ~
' ~sr~s•e ~ _
I 133.74' ~ -
~ . ' R/.S' ~a~B t7 c~
~ t (W
I u?NO oF uNioN ; I
CHURpi OF CUpERi1N0 I $
~ $ 1:? j N P.rRCrz a
i I
- ~------383.74__-----~~~ 16E.00' 1
_ _
5 80' S7' 15' Nt ~,74~
ROF ESS/p~,
~ER II~ e~
y
z
a No.30520
~
* ~ 3/ti/1G *
?
~ 9 f Cpl1F~~~~
PLAT FOR 6' SIDEWALK EASEMENT £NGIHEER/NC CONPANY DATE: it-14-95
~n~c cnK n«x,ccrn.
LANDS OF BYER ~ ~ °i °t~ C0N5u1"0
CITY OF CUPERTINO, CALIFORNIA ~~`µD ~ er_oc
Ia~~p ~ ~ G 9SI17
CHK: LI
.~os No.: 95t0