CC Resolution No. 9676· ~ RESOLUTION NO. 9676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM
FORGE-HOMESTEAD LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, HOMESTEAD ROAD AT FRANCO COURT
WHEREAS, Forge-Homestead Limited Partnership, a California Limited
Partnership, 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
certain the property situate in the City of Cupertino, County of Santa Clara, State of
California, easement, particularly described in Exhibit "A" and Exhibit "B", attached
hereto and made a part hereofi
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located on Homestead Road and Franco
Court.
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 authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of August, 1996, by the following vote:
Vote Members of the City Council
AYES: gautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: . APPROVED:
GRANT OF EASF~iENT
PUBLIC UTILITIES
Forge-Homestead Limited Partnership
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 ~ublic utilities
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:
(Description Attached)
Grantor hereby further grants to Grantee the right and privilege to
enter '~pon his lands contiguous to and along the line of said hereinabove
described strip for the purpose of locating, constructing, repairinF, or
maintaining said public ntil itie.~ for the
purpose of doing any necessary or lawful ack in connection with the con-
- struction or maintenance of said public utilities - -
there is also granted the right of the use of sufficient land contiguous
said strip on either or both sides tilereof for the purposes of excavation
of and deposit of earth and necessary building material during the time
of constructing said public utilities and any repair
the res f.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improvements
thereon to its oristnal grade or condition insofar as it is practicable and
reasonable to do so.
IN WITNESS WIIEREOF, said parties have executed this Grant of Easement
Forge-Homestead Limited Partnership
a California limited partnership
4ob3~ T. Vidovich, General Partner
/S~evg~ J. ~dovich, General Partnar
(Notary acknowledgment "
to be attached.)
- I,EC~AI, I~SCRIPTION
F~ASEMF~NT FOR PURl,lC UTII,ITI~S
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, being an easement for public utilities purpose and is described as follows:
Beginning at a point in the center line of Homestead Road, distant thereon S 89047'35'' W
710.82 feet from an underground granite monument set at the point of intersection of the said '
center line of Homestead Road with the center line of Saratoga-Sunnyvale Road, said point of
beginning being the southeasterly comer of that certain 11.254 acre tract conveyed by Henriette
Melegare, et vir, to George H. Briggs, by Deed dated April 21, 1914 and recorded April 24, 1914
in Volume 417 of Deeds, at page 39; thence along the westerly line of the tract so conveyed to
Briggs, N 00°18'25" W 45.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
line parallel with and distant 45.00 feet from the center line of Homestead Road S 89047'35" W
614.77 feet to a point on the easterly line of that certain 20 acre tract of land conveyed to Bank of
America National Trust and Savings Association, by Trustee's Deed dated December 13, 1935
and recorded in December 17, 1935, under Recorder's Serial Number 64645; thence northerly
along said last mentioned easterly line N 00°13'10'' W 10.00 feet; thence leaving said easterly
line parallel with and distant 55.00 feet from the center line of Homestead Road N 89047'35'' E
614.75 feet to the said westerly line of Briggs; thence southerly along said westerly line
S 00018'25" E 10.00 feet to the TRUE POINT OF BEGINNING.
Marvin D. Kirkeby , ..-.,~
Expires 3/31/96 ,~e~v ~/
89' 46' 05' E G1~,.79
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o I N 89' 4~ 35" E 614.77 0 L
__ __
H 0 M E S T E A D R 0 A D~//~ ~.~.~
KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (406) 984-0331
PLAT TO ACCOMPANY D~$¢RIPT/ON
'Scale: I*' = I00' IDate: JUNE 1996_- laob No. 94018
ALL-PURPOSE ACi~IOWLEDGMENT
State of California
~on~ly append
~ personally known to me - OR-
evidence to
i~ sub~fi~ to
~owl~g~
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on ~e ~s~ent ~e ~son(s),
or the entity upon behalf of which thc
~on(s) ~md, executed
~ ~ "OTARY ~8UC-CALI~ORNIA
~ ~~/ ,,., c,,. ~., . / Ih, ~,-'( /!',~,,,..~
~~My Cmn.
' O~ON~ ~O~~ON
~e ~fi~ ~low is not w~ by law. H~ever, it ~d ~vent ~dul~t attach~nt of ~s ac~owl-
~g~m to ~ ~u~ ~t.
~AC~ C~D
.
~ GUARD~ONS~VATOR
SIGNER IS REPRESENTING-