CC Resolution No. 9548 ~ ~ ~
RESOLUTION NO. 9548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES
FROM ALLAN G. BYER AND MARIAN BYER; LOCATED AT
20850 STEVENS CREEK BOULEVARD; AAN 359-08-023
WHEREAS, Allan G. Byer And Mnrian Byer, Grantors, have executed u Grant of
Easement, which is in good und sutlicient 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 Califomia, more particularly described in
I Exhibit "A" and Exhibit "B", attached hereto and made a part hereof
All that certain real pmperty situate in the City of
Cupedino. County of Santu Clara, State of Califomia,
located at 20850 Stevens Cccek 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 nuthoriud to record
said Grant of Easement and this resoludon.
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 votc:
Y.~t~ ~~mbsts Qf th~ S~itX ~uncil
AYES: Bautiata, Chang, Dean, Sorensen, Burnect
NOES: Nane
ABSENT: None
ABSTAIN: None
p'('~ : APPROVED:
l~°Y' /i.P~Y'4ilN
ity Cierk Mayor, City of Cupertino
~ ~
GRANT OF EASEMENT
for
PUBLIC UTlL1ZTES
APN 359-08-023
20850 Stevens Crcek Blvd.
Allan G. Bver and Marian Bver husband and wife, hereinaftec catled Grantor, hereby grant(e)
to the CTfY OF CLTPERTINO, a municipal corporatioq hereinafter called Grantee, thQ right to
excavate fnr, install, maintain and use PUBLiC UTILITY EASEMENT as Grante~ d}~all from
time to time dect within the hereinafter described property of certain premises which are eituate in
the City of Ctipertino, County of Santa Clara, State of California, and described as followa:
: (See Exhibit A & Bl
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the 6ne of said hereinabove described strip for the purpose of locating,
constructing, repairing or maintaining said _P_UBLiC UTT~ I1'Y EASEMENT for the purpoae of
doing any necessary or ~awfW 8ct in coMection with the construction or maintenance of said
EASEMENT: ther~ ~s also granted the right of the use of sufficient land contiguous to aaid 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 consUucting 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 thercon to its
original grade or condition insofar as it is practicable and reasonable to do so.
1N WITNESS WI~REOF, said parties have executed this Grant of Easement this
dayof 1995.
Owners:
~
Allan G. Byer
~~L..tt_u..~.e_ /~e.,t~.~
Marian Byer ~
(Notary acknowledgment to be attached)
~
CAIIFORN!A ALL-PURP~E ACKNOWLEDGMENT •
No 5907
State of C/~-t ~L N ~ i,~
County of Slr~/ ~h,~~~ c~ s r..
On ~Z-t iz /5 ~.s/ before me, Gl~/iNU I/.,N vGf . N~7~~Yp'+i~°~
OATE NAAIE. TIiIE OF OFFICER • EO..'JANE ARY PUBl1C ~
personaliy appeared _ l~-/,6it /i~J ~ ~-CLA~I ~yzn-
w~?~rei ~ s~9~ '
rsonally known to me - OR proved to me on the basis of satisiactory evidence
to be the person(s) whose name(s) istare
subscribed to the within instrument and ac-
~ knowiedged to me that-h~/they executed
the same in 4t~l~ief/their authorized
capacity(ies), and that by tiisth~heir
~ ~w~-cwromw ~ signature(s) on the instrument the person(s),
~~.~.°,~v°~i.",vo~ or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
; v,~
TURE OFNOTANY
OPTIONAL
Though the data below is not required by law, it may prove va~uable to persons relying on the document and could prevent
iraudulent reattachment of this forrn.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED OOCUMENT
? INDIVIDUAL
? CORPORATE OFFICER
TITI.E OR TYPE OF DOCUMENT
? PARTNER(S) ? UMITED
? GENERAL
? ATTORNEY•IN•FACT NUMBER OF PAGES
? TRUSTEE(S)
? GUARDIANlCONSERVATOR
? OTHER:
DATE OF DOCUMENT
SIGNER IS RHPRESENTING:
wv~E oa rv+sorqs) ~ EHmr(~st .
• SIGNER(S) OTHER THAN NAMED ABOVE
0199J NATipNAL NpTARY A$$OqA71pN • 8T36 Remmet Ave.. P.O. Box 7181 • Canoga Park. CA 913pg-7184
~
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• •
File No. 9510
November 14, 1995
LEOAL DSBCRIPTION
pOR
PIIBLIC BSRpICE EA881((gDiT
BYSR TO CITY OB CIIPBRTINO
' Beinq a portion of that parcel oP land comeyed to Al1an G. Byer
and Marian Byer by deed recorded September 2, 1993, in Book M980
at page 2074, ofPicial Recorda of Santa Clara County, California,
more particularly described as follow:
Heing a strip of land of the uniform width of 10.00 Peet lyinq
premis~esuand~extendinghfrom theteasterlyeboundary lineaof said
premises to the westerly line of said premfse said northerly line
being more particularly described as follows:
Beqinninq at the northeasterly corner of said parcel convayed to
Byer, said northeasterly corner also beinq on the southerly line
of Stevens Creek Boulevard, formerly Stevens Creek Road, said
street havinq a half width of 75.00 feet; thence alonq said
southerly line of Stevens Creek Boulevard, S 89° 57~ 15" W~
301.74 feat to northwesterly corner of said parcal conveyed to
Byer and the terminus of this description.
CONTAINING 3,01~ square feet, more or less.
This real property description was prepared by me or under my
direction in contormance with the prolessional Land Surveyor~s
Act.
Signature: ~ ,~A•
Lester Ikega , RCE 30520
Expires: 3-31-96 Q(~OFESS/~N
~~~.o~.~ER ir;F~,'~~c~
Date: ~
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~ a No.30520
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SCALE: 1"=100'
Monument Lins
- - - - - - - - - - - L'- - -
^ t0' PUBUC SERVICE EASEMENT
~n
S a9' SY 13' W- 301.74'
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i g I~ I P.1~4CtZ D I PARCEZ C
I b~ LANOS 0 BYER ~ o
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I LANO OF UNION ~ I ( g
~ CHURCH OF CUPERTINO ~y~
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:
303.74_-----~~~.16d.00'
- - -
5 a9' 37' 15' qr 301,74'
QRpF ESS/p~,
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w~ y
u, No.30520
o ~ S/si fc
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PLAT FOR 10' PUBUC SERVICE Aw~ fNC/N£fR/NC CpMp,uyy DA1E: I1-14-95
A ONK1011 0~ M-di CDt~SUlT1NC ENCYtEERS. MC.
EASEMENT C0i311N0 owc 9Y: oc
3170 N{1LW5 Rp~p ~U 95117
LANDS OF BYER ~.o,~ z.,_,9~o CHK: LI
CITY OF CUPERTINO~ CALIFORNIA
~oe No.: 9510