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HomeMy WebLinkAboutBlaney and Mary Avenue Agreement - PG & E - 03.04.1974 PG & E BLANEY AND MARY AVENUE AGREEMENT 3/4/74 C a c"PIer""o 10300 Tone Avenue Cupertino,California 95010 Telephone(408)252-4505 OFFICE Of THE MAYOR Reed Spirks January 20, 1975 Pacific Gas and Electric Company Land Departwent 77 Beale Street, Room 1101 San Francisco, California 94106 Subject: Land Swap - Agreement by and between Pacific Gas and Electric Company and the City of Cupertino, dated March 4, 1974. Dear Sir: The following modifications and/or changes are to be made to the subject agreement. 1. Page 7, paragraph "H", the last sentence reads as follows: "This agreement shall service the execution and delivery of any deeds or other instruments hereunder" This sentence shall be corrected to read as follows: "This agreement shall survive the execution and delivery of any deeds or other instruments hereunder" Incorporated and agreed to this date by and between the Ci�y and Pacific Gas and Electric Company. Very truly yours, C,17, OF CUPrERTINO a r Reed Sparks{ Mayor City of Cupertino i Mr. R. K. Miller Vice President of Personnel and General Services Pacific Gas and Electric Company BD:be t AGREEI 11 T THIS AGE MENT mado this�day of �- G+�1-� - , 1974, by and between PACIFIC GfiS A0 ELECTRIC C0:•roANY, a California corporation, hcreinafver called "P G & E", and the CITY OF CUPERTINO, a municipal corporation, herein- after called "CITY". WHEREAS: 1. CITY owns a certain parcel of real property contiguous to and east. of, a public street known as Blaney Avenue, City of Cupertino, as more fully de- scribed in Exhibits "A" and "A-1", which are attached hereto and made a part hereof by reference. 2. CITY also owns a right of way for public street purposes over the entire surface of said parcel described in Exhibits"k" and "A-1". 3. P G & E wishes to acquire a fee interest in the entire parcel described In Exhibits "A" and "A-1" to be used for public utility purposes, subject to cer- tain easements being reserved to the CITY OF CUPERTINO, the CUPER.TINO SANITARY DISTRICT, TJHE PACIFIC TELEPEONE AtM TELEGRAPH COT,PAIN and the CGLIFORNIA WAT%R COMPANY. Said easements are more fully described hereafter. 4. P G & E owns a certain parcel of real property contiguous to, and west of, a public street known as Mary Avenue, City of Cupertino, and more fully de- scribed in Exb_7i.1, "F;' and "F-l`I, which are attached hereto and made a part hereof. 5. CITY wishes to realign Mary Avenue to a new location encompass .ng said parcel described in Exhibits "F" and "F-11'. CITY also wishes to acquire a slope easem,D►,t in a portion of the property adjacent to the property described in Exhibits "F" and "F-111. Said ensamont is more fully described hereafter. -1- IT IS THEREFORE AGREED BY Tf:E HNIIES HERETO AS FOLLOWS: A. CITY shall abandon fis right of way for public street purposes over the entire parcel described its Exhibits "A" and "A-1". B. CITY shall thereafter convey to P G & E the title to the parcel described in Exhibits "A" and "A-l" subject however to the following described easements and conditions: 1. CITY shall retain a. slope easement for the purposes of construction, mainte- nance and repair of existing earthen slopes within the hereinafter described strip of those certain premises, which are situate in the City of Cupertino, County of Santa Clara, State of California, and are described in Exhibits "B" and "B-1", which are attached hereto and made a part hereof, together with the right and privilege to enter upon lands contiguous to and along the line of said hereinabove described strip for the purpose of repairing or maintaining said slope; there is also granted the right to use the premises contiguous to the strip of land described in said Exhibit "B" as may be reasonably necessary during the maintenance and repair of said slopes. 2. An easement shall be granted to the CUPERTINO SANITARY DISTRICT for the right to excavate for, install, replace (of the initial or any other size), mr.in- tain and use for conveying sewage such pipe line or lines within the strips of land which are situate in the City of Cupertino, County of Santa Clara, State of California, and described in Exhibits "C" and "C-111, which are attached hereto and made a part hereof, together with the right and privilege to enter upon lands contiguous to and along the line of said strips for the purpose of locating, constructing, repairin-, maintaining, or relaying said pipe line or lines or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said pipe line or lines. -2- ®. . ., 0 Said easement shall be kept open and free of buildings and structures of any kind except lawful fences, irrigation systems, and parking facilities which includes but is not limited to street improvements and lighting equipment. Any disturbance to existing ground surface or any improvements thereon, resulting from construction, replacement, repairing, and/or maintaining sewer lines owned by Grantee, whether performed by Grantee or authorized agent of Grantee, shall be restored to their original grade or condition insofar as it is practicable and reasonable to do so. 3. An easement shall be granted to THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY for the right to install, replace (of the initial or any other size) , maintain, and use existing pole lines and underground conduits and manholes within the strip of land situate in the City of Cupertino, County of Santa Clara, State of California, and described in Exhibits "D" and "D-111, which are attached hereto and made a part hereof together v:2th the right and privilege to enter upon lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing and maintaining said pcle lines and underground conduits and manholes or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said pole lines and underground conduits and manholes. Said easement shall be kept open and free of buildings and structures of any kind except lawful fences, irrigation systems and parking facilities which includes, but is not limited to, street improvements and lighting equipment. Any disturbance to existing ground surface or any improve- ments thereon, resulting from construction, replacement, repairing, and/or main- taining said pole lines and underground conduits owned by Grantee, whether per- formed by Grantee or authorized agent of Grantee, shall be restored to their original grade or condition insofar as it is practicable and reasonable to do so. -3- r 4. An easement shall be granted to the CALIr'ORNIA WATER COMPANY for th© right to excavate for, install, replace (of the initial or any other size), maintain, and use for conveying water such pipe line or lines within the strip of land situate in the City of Cupertino, County of Ssnta Clara, State of California, and described in Exhibits "E" and "E-11', which are attached hereto and made a part hereof together with the right and privilege to enter upon lands contiguous to and along the line of said hereinabove described strip for the purpose of lo:_Aing, constructing, repairing, maintaining or relaying said pipe line or lines' or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said pipe line or lines. Said easement shall be kept open and free of buildings and structures of any kind except lawful fences, irrigations systems and parking facili- ties which includes, but is not limited to, street improvements and lighting equip- ment. Any disturbance to existing ground surface or any improvements thereon, re- sulting from construct=on, replacement, repairing and/or maintaining said pipe lines owned by Grantee, whether performed by Grantee or authorized agent of Grantee, shall be restored to their original grade or condition insofar as it is practicable and reasonable to do so. C. P G & E will landscape and maintain said slope easement described in Exhibits "B" and "E-111, which are attached hereto and made a part hereof and shall bear the full cost of all installation, maintenance, water and other supplies necessary to undertake and maintain said easement. D. P G & E shall convey to CI71 the title to the parcel described in Exhibits "F" and "F--111, which is attached hereto and made a part hereof, subject to the following ea3ement3 and conditions: -4- 1. Reservation of thi. ­_ght to suspend, replace, remove, maintain and use such crossarms, wires and cables supported by or suspend from poles, towers or other structures located on lands adjacent to said parcel of land described in Exhibits "F" and "F-1" as PG&E shall from time to time deem to be reasonably required for the transmission of electric energy and for communication purposes together with a right of way, on, along, and in all of the -;'--ip of land described in Exhibits "I" and "I-1" PG&E further reserves: (a) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on said strip of land and the further right from time to time to trim and to cut down and clear away any trees oa either side of said strip of land which now or hereafter in the opinion of PG&E may be a hazard to PG&E's facilities within said strip of land by reason of the danger of falling thereon, provided however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of CITY but all tops; lops and brush shall be burned or removed by PG&E; (b) the right to :nark the location of raid strip of land by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use CITY shall make of said strip vi land. (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strip of land. CITY shall have the right to use said str:.p of land for purposes not incon- sistent with PG&E's full enjoy-ment of the rights hereby reserved, provided that CITY shall not erect or construct any building or other structure, or drill or operate any well, within said sl:rip of land. -5- 2. An easement to the City of Cupertino for the purpose of construction, maintenance and repair of existing earthen slopes within the h^reinafter described strip of those certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described in Exhibits "G" and "G-l", which ,are attached hereto and made a part hereof, to- gether with the right and privilege to enter upon lands contigUOLls to and along the line of said hereinabove described strip for the Purpose of repairing or maintaining said slope; there is also granted the right to use the premises contiguous to the strip of land described in said Exhibit "G" as may be reasonably necessary during the maintenance and repair of said slope. 3. An easement for the purposes of ingress and egress tc the SANTA CLAM COUNTY FLOOD CONTROL DISTRICT over those certain premises which are situated in the City of Cupertino, County-of Santa Clara, State of California, and which are described in Exhibits "11" and "H-1", which are attached hereto and made a part hereof. E. CITY will landscape and maintain said slope easement described in Exhibits "G" and "G--1", which are attached hereto and made a part hereof and shall bear the full cost of all installation, maintenance, water and other supplies necessary to undertake and maintain said easement. F. All escrow, title policies, and recording fees shall be borne one-half (1/2) by PG&E one-half ;1/2) by CITY. CITY will not be responsible or bear the expense of any back taxes owning on aay parcels involved in the exchange of properties herein described. Taxes to be handled in accordance with Section 4986 of the Revenue and Taxation Code. G. All notices and demands shall be given in writing by registered or certified mail, postage prepaid, and return receipt rcqucsted. Notice shall be considere;l given when mailed. 'Notice shall be addressed as appears below for the -6- respective party; but, if any party gives notice of a change of address, said notices shall thereafter be given as in that notice. City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Pacific Gas and Electric Company Land Department 7? Beale Street, Room 1101 San Francisco, California 94106 H. This Agreement supersedes any prior Agreement and contains the entire Agreement of the parties on the matters covered. No other Agreement, Statement, or Promise made by any party, or by any employee, officer, or agent of any party, that is not in writing and signed by all the parties to this Agreement shall be binding. This Agreement shall service the execution and delivery of any deeds or other instruments hereunder. I. The parties shall proceed with due diligence, and shall execute such additional instruments, give such escrow instructions and take further action, as may reasonably be required fully to effectuate the intent and purpose of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this day of `�l�Cv�-tom,. _ , 19l��/ PACIFIC GAS AND ELECTRIC COMPANY Its Vice President, Personne'l & General Services Acid By J. F. -;AYLOR Secretary CITY C By - Its Aayor And By Its Clerk -7- 1 GRANa A11 oat cc-.t:-in real i'ro;lc:ty tIt'U:ltc in ,t:1C City Of CU;Crtino, Colinty of Sarita C1ar:1, StntC Of California, i.�oze particularlyGf' iCXi.1Ji.: • a1S i O l l U'J.,. . Begini'L q; at the. Soathc,ni;z Corner Of t,,at parcel -of 1and 4,vscribc!c2 In the T)CP.(! fi0:1 the Slate of C:iliO:;lia t() C:.ty Of CuperLi1:0 rCCOrtiCG on October 3, 19J6 in boo . 7523 Of Of i lCial. :!'_cords fEt Pa�;C 263; Santa C1::Ya COUllty ta1..(1:( ;; it:('.ii:^ i:. 79023' 31" 1'1I. itloo,i the SOU::Ri_rly 1;I1_^. Of said parcel for a 6J*st:—,.ce Of 51.59 z1.4t; t:.C:1C CO<;i:I.Jlui:u a10:1" SOU":Crl line i:. 5S°O4' 02r' I.% for adisu.I1Ce Of 74.67 ;iCCt; tl1C;1Ce ::. 0046' 21," for it OL 0'9. S9 fc.:.t; ti=,ci AJ.O;; I ur-n-e t CUrvc, t0 the �la1V:i.I1�, a r:i(iiUS 0i 375.00 f eeL CCIltr21 aan1 -,1.0 Of 160.55'10" for an arc distance of 253- 39 fcct; ti';.:13i! N. 17041'_04" E. Ior a Ci1St:ance OL 100. 16 Ccet; ti,,encc: :21O:i={ :' t7:7"' 1t curve t0 t11C l.C: t liavin- .a Z':itiiUS Of 575.Cr✓ • O� ICet c^TICl aC(:ni l:r l :1r,.�1i: 70�.�' �. y0i: .an arc distance of 72. 32 iced:; t(1eace.. S. 8903'"W" L. -L or a d is t::1CC of 7.95 f ceL; ti:tynce_ S. 0043'1J" 1 . alon., E.a1C+ E.=astorly 1i;li for FI CiiSi:<:11CC Of 617.95 fee-L t0 ti:c3 [OJ.iit: Oi: Ee�zil:lzn�;; (-Uiltaiil�ir� a-)?I'O;;l;::<1tC1y 1a2 Fa 0•i CrCS, f:20rC Or less. e I-DO ITT " „rr . 11 l `/ 11 �+� �•.t�l I 1.�i 1 , r• N i 1 . t-Li � I y 0 Lij ' .•�• � P,iN T E • l Jun 11 nC R4 � • . `'� BInney !,venue All that certain real property situate in the City Of Cupertino, CoU.ILy of Santa Clara, State of California, more particularly described as follo::s: BcOnnin- at the Southwest corner of that certain parcel of lAnd ecs- crived in the Dccd fro.:: the State of Cali or:iirI to City of Cupertino, recorded on UCrober 3, 1966 in Book 7523 of Of:icial 1:ecords at Page M, Santa Clara COU-nLy RticordS; tilence 79019' 39" alon" the SUuti:Ci ly lire of said parcel for a di;t ince, of 67.085 feet; thence continuing alone said Southerly lire S. 89013' 36" E. for a distance of 54.00 feet to Lhe YOillt Of uC(-innino; thence N. 004024" G. for a4 distance Of 69 .89 feel:; • thence aloe; a ta;:� ill curve to the right havin- a radius of 875.00 fact and a central an-le of iC-°55'10" for an arc distance of 258.39 feet; the-nce iq.. 17041' .34" G. for a distance of 42. 31 feel.; t:ience alOn� a tan7ent Cur� G' LO the right havin ; a radius of 10.00 feet and a central angle of 16300V I C)" for. all are, distance of 28.45 feet; thence S. 12005'0."" E•:. , 77.29 feet; the:.ce S. 043'13" U. for a distance of 3420.00 fee"; thence ti. 55004'02" 1 . for a distance of 64.39 feet to the True Point of Beginning. Containing approxi- mately 0.47 acres, more or less. �\•i1TT17 n� �111�� j av't r7 N ^ J L_►.J c , , r C % Dl:,J\'.:lt��l J'^t.. �).� I1 5�1.\.Lr.�.•,•\a �.'�•.•.0 1::`C...�..'�'1 G: r A of 1--inC. 10 i c-ct." in WJ.CGi :1, �..0 Ccnite ' line Of WA�11C:i. y 1. '�_•. a. •. Dec Come Oi L l.�l. C ctc-t:La oarccl of land in the c: .:•� ; C." t;� of c �o • Cupc::. a_i:1o, rt..corc.eca in Book!� 7 Gu`1 t'. �J�✓ , ��i1CjC ?_U3 , CIZ, -a C thence, aloncj :C' .:OLi'. IiCr �1ine of :LG -arc-cI to C tinc), NO;:i.4 •i9° 23 ' 1 6 . 0, f0..ct i:.0 ,. i1c T:"L:. Po:::t• o -�- C(l i1)1l.liC_ O chi Lf C'-nce ;.,ar th ai:Q�Cll:o rlcj.lt a:,C.j1C_s iiO l t:1'v O: :.Cjinal Ca:;tCTl`j Z:Li;C3 Oi: l3 .a-inn..- A%rcn I I c (50 . 00 J LCt . :1 a..a v91Ci''� , 'i 7°4i.} l•OJ" 1 43 ' 13" Ei-,,`, 501's . 2': at a :joint on t,e sou--- caster ly 11, 11e o:� 31ancy Avc:;-Auc as i t not, P<17.col N70. 2 ?1 St)'lp Of 1anO 10 f'oo. , in wide-h tY.c Cc;1te2: l-rie Of W:il.C:1 is described as fo 1).Q,.;s : IIedil�,.:a)1� ,.,,e ,ot;, .:cast cor_;acr Of Ga.aat c4'-tai:1 parcel Of land c,cscr. iDocl in file c:rtc: : o City Qf: C11�?C)Y tin0, rccorC C. in Book 752"' , pac,,C 263 , C)::-fic-L..l o c c r e,s of scni- l Clare; coullt`J' ►1)C-ncL. , a Ion cl tl1C` s0ut- c Iine 0 : S a d Ji rcol t0 Cli:} 0, G11-)e-- 43.i10 FOr t:1 c O 1 3 " a. r t'C „• ti \_ �° ` 1 ^1 �� � 23 �1 1' e.,-c .J1 . �� :=ec� �,..c: :.o::�;1 5 0 V la:csL- 74 . 6'i fCC_'i:; t.Iie;1ce forth 0° ,G ' 24, „ I.a.:3t 9 . G5 fcot to I.-:1c 'J�):ll•' Poini O� i--C.(l::': :Cf O. t111S C.O-sc: 7 [�O �11 �i�1° 171i" .`i. ,10 7; 4.11I.11.-C 11 Eas t 79 . .17 CC'L; t iiC :1C L No �.:1 81r ° 15 ' 10" Ez-, �t 35 • /7 J 3 i7c:ct tc) a >>0J.:1t Q)1 1.,10 line Q 1111i~ancy Avo:iuc ditsta t.1.l... CO 0:C ..11 U 43 1.., ha:S'L UO . U•i .:CQa: 11a7.;1 i::1i: aiO:1:C:.iC„';ia.iO:iC:: SULIt�.Ci1:;t C:CJ: ;IC i 0: SL;1.C; C:it;j 0a cup or i. L:lO Jii1GC:1 ).X111111'r "C•" T! i iti V ��-A Y . 47 s � ' All LIVIL real SJ.LU;ltC i-­ ',:hc City 0"' Cupertino, County of Santa Cj.;ira, S-,z,Lo of Califoviii.n., more particularly describet', as f ollows: Dc.%c)-i;)tio:i for 10' 11. 7. & T. Eascment and 2-1/2' linchor EISC'..-.Onts on LXiGti;1�. 'Facilitics Col-nar Of twit certzvj'n parcel 0.1 jald SL;.4C 0:: to City Of CuperL111.0 recorded, in.:;ock. 7523 0,-ficia! 263, S;i;,.,,:.i Clara cownt:y Records; Li1c.,.CC al on- Clc I`.,e •07 said parcel :'OrLii 0043'13" Eala 8.0-3 rc!i.t to Lh:! OF ZZ.-I_k*.­.­k­.%*i_.'; Lhencc; 1,�.-nv`n- salL! Lastiorly lino. 0 u 75()05' 3/1.04 fe,,t; thcace South 0 43'13" I.:e-,;L 10.53 feet to .1 pv` _- on C.0 Sou,_-Ilaviv 11.,v^ of sa;.G pcirccl ; Lhcnce aiun;-. said SouLlhor"), line NO-rL111 fc,.c!t; ti­,c!;jcc 10 'Norc'.-, C)c)/.3' !3" 14.55 \orth 750 0.5' Uos--. 1.20.00 feet; 11ozicc ',:or-,I, 1'.0-715' 2.5,0 fec! -,*. .;ice S4� 1 0, C_ uLli 7.500", E'ast: 1.9.32 :.or,-a 0 31; 22.86 fcc,:; t'lici,ce ":or-L-11 31�t''1313611 theoco ::O;:L',i )O'w"24" 2.0.00 fcct; L!-,c!nc.-.! Soi-.Lh S90.13'-16" West 71.6y CCL; East 71.67 fi-_ot; (A'.,?;!L'.0 NO.-Lill 0"43'13" East: 330.50 fcoL` thence 89"16'47" Wc-st 2-'- .00 11cet; thence !:orth GO.13'13" E-':st: 2.50 fcct; 1:!..Cnc_, South 39016'47" Kant 21. 22 feet; thence North 10045' East 230.99 feet t 0 - Point 0;1 the Nor tllc-rh litie of said Parce-1 ; Lhcnce !,�Csc.-ly alon.c. saidt Nortb.crly So(jtjj 99('34 '0" EifL 2.55 Sect r- the corincr Of Said parcel; vh.2nca a1011'; tho LasLorly lina SouLli 00 1 tt .3 West 43.00 loeL; tilencc Said, Ez1stel-1v lilc South 101,51 189. .S feet; tholice sc-lut'i 0O."3'13" WosL 361. 69 feet; ',:!lC!!CC SOLICI 75005' East 34.0., feet to a -)oil,,: ;-,-. t,he a!;L.or 1 .11.-c! of said p,irca1; t 1i o n C e A10113 Said Enstorly line S'DUL11 ooli'A .1'1.3" Wos.'t 10.32 fcot to the T.\UZ rOj,.'.-f T'I i 0, al cl% m Z c *% %% .. r All that cc:ta:n rc^ si turtn in 01C City of Cu,crtino, County Of SiiilC.1 C111i1, SL---tC Of C3liiC':';11,-., i.:OrC part1CUlarly dcscTlo,: d as f011Oa!; A 20 foot vido c!;o.:!':lt sole 61t; 1CC:t l.Il 1a:a��1, fi.C)J'C I)iil'�iCU�.a1 l.� describe:.' as ar, eas C ::C over the Ca(;tcrl! 20 a,C:C;: Of the f O110 rin;; cribed land: - neg].nnlll,; at tile SCattl;'3:[, Coruna., Of that I)iirCCl Of land desCribe(: ill t.1C DecoI a Ci!a Lilt,'. .$;�.( C O- (tii7— :1J..1 t0 A. U :I]: ( pi T ilU Ci rCCOid( C: on October 3, 196v in !;oak 7523 of O icicl :,ccort:> ilt i'a"e 263, Santa Ci::1 :l County i ecoO:t:s; tt1Cncc N. %902.3`3L'� i:. <:J-U:� t:7C SJli;llC:l! llil' Ui .ncc OF 51 .59 J ei!t; ;: 5<< Ct fCJr i! di.-t.. �li:nee Col-,tinuin", along said S0ltu;c�::ty parcei line iIZ. 5:1O0`1 , 02" l:. for a t11Sta:lr(-.•. Oi: ili.07 iCCt; CCia?i:CC N. UOW24" ,.. for a diSLt :11CC: Oi 69 .,C9 fCot; t:i:C::1CCi alOit`; it L.-mi;cnt curve to the rihtlt havI.i ,, a r.-C:l.u.`: of S/5.CC .1:1(: <. Central 7:a-;iC O 1. 0551J,Utl iOi' i!il RYC CIisu—i0cc Of 253.39 Ti-O-C; t:nC::: :� 04 t" " T � •�.� .. l% •.1 :.•t t'. 1 OL a (.iS t<:.iICC oil 1.83.1r icet; t(1cace aloe:,, it CurVc t0 the lei% hai'la, a rndius Of 515.010 feet and a C0t7t;P.l il: ^_1%:� Oi 7o" 22 i:Ur an FtrC (iir,tzi 7Cc, Ui 72.32 iCCt; S. C O t r t u 7.95 ::f t; tlianCC! S. 00 43113" 1'% tha_i1Ca: vOJ .J"-. • % t �C� it ::i:;�•:.:1CC Oi: aloe- sale <r'„"1i;`' r � � tl Pout% oS; " ��'.i'.�-Y 1.ii:C: i.Or i. <IiSi.<.uCa: C1i 017.9.E LC'a?I: tQ t. £. - Begi7l i,11 ;; COatill n ino 1.263 acTC!: , ;IlOra or less. ) r• �r n ,tea sue.��• �. 20 v CAL-L.;ATZ:R .rASErOSNT l r r Mary Avenue GRANT DEED All that certain real property, situate in th., City of Cupertino, County of Santa Clara, State of California, described as follows: (APN 326-06-34, S.B.E. 135-43-57 Pcl. 1) Beginning at the southeast corner of the 2.165 acre parcel of land described in the deed from Joe A. Sorci and wife to Pacific Gas and Electric Company dated July 31, 1963 and recorded in Book 6130 of Official Records at pa e 263, Santa Clara County records, and running thence along the southerly boundary line of said 2.165 acre parcel of land (1) south 89° 47' 56" west 56.19 feet; thence leaving said southerly boundary line (2) northerly on a curve to the left with a radius of 5658.00 feet, through a central angle of 0° 10' 47", and tangent at the southerly terminus thereof to a line which has a bearing of north 4° 05' 19" west, an arc distance of 17.75 feet; thence (3) north V 16' 06" west 178.96 feet; thence (4) northerly on a curve to the right u.-ith a radius of 5742.00 feet, through a central angle of 1° 31' 48", and tangent at the southerly terminus thereof to the preceding course, an arc ristance of 153.33 feet to a point in tha northwesterly boundary line of said 2.165 acre parcel. of land; thence running along said northwesterly boundary line (5) northeasterly on a curve to the right with a radius of 750.00 feet, :hrou,-h a central angle of 7° 27' 32" and tangent at the southwesterly terminus thereof to a line which has a bearing of north 51° 02' 21" east, an arc distance of 97.66 feet to the most northerly corner of said 2.165 acre parcel of land; thence leaving said northwesterly boundary line and running along the easterly boundary line of said 2.165 acre parcel of land (6) south 0° 04' 00" cast 405.30 feet, more or less, to the point of beginning; containing 0.604 acres, more or less, and being a portion of said 2.165 acre .parcel of land. Subject to the easement for drainage purposes and incidents thereto granted in the deed from Pacific Gas and Electric Cc,npany to State of California dated August 25, 1966 and recorded in Boo.c 7603 of Official Records at page 540, Santa Clara County Records. EX111111T "i'" Mary Avenue SLOPE EASM!'-' !T All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: (APN 326-06-34, S.B.E. 135-43-57 Pcl. 1) Beginning at the southwest corner of said 0.604 acre parcel of land and running thence along the southerly boundary line of said 2.165 acre parcel of land (1) south 89° 47' 56" west 28.89 feet; thence leaving said southerly boundary line (2) north 8° 42' 53" west 307.20 feet to a point in the northwesterly boundary line of said 2.165 acre parcel of land; thence running along said northwesterly boundary line (3) northeasterly on a curve to the right with a radius of 750.00 feet, through a central angle of 5° 15' 28" and tangent at the southwesterly terminus thereof to a line which has a bearing of north 45° 46' 53" east, an arc distance of 68.84 feet to the most westerly corner of said 0.604 acre parcel of land; thence leaving said north,.-esterly boundary line and running along the westerly boundary line of said 0.604 acre parcel of. land (4) southerly on a curve to the left with a radius of 5742.00 feet, through a central angle of 1° 31' 48" and tangent at the southerly terminus thereof to the succeeding course, an are distance of 153.33 feet; thence (5) south 4° 16' 06" east 178.96 feet; thence (6) southerly on a curve to the right with a radius of 5658.00 feet, through a central angle of 0° 10' 47" and tangent at the northerly terminus thereof to the preceding course, an arc distance of 17. 75 feet, more or less, to the point of beginning. EXHIBIT "C" s °r 1 j i 1 � f 2• iU t'. / ' PLAT TO ACC.-?.ti.-�.�,•.�r GRA1,1T O%E.D i P ROt..i tb e- �. . e .r • a•^yn y Vooti . /' Cie rn ► S.•e` j CD j' ► PLAT TO ACCC)r..v:l.,t•11' i GRA,\j-r of. St~C)PL CAS;:t�":E ct- r:,, OM ;.r.�'>\ t .c ► J. r., �'�c P;�C1�-1C GAS GLC:C7f;ir_ c CITY oc= cur- DR . 1:X111,1;1.'1, "G--)." f'L•�t't: is INGRESS AND EGRESS EASEMMT FOR SANTA MARA COUI7rY FLOOD CONTROL AND WATER DIS DUCT A strip of land of the uniform width of 10 feet extending from the southerly boundary line of the 2.165 acre parcel of land described in the deed from Joe A. Sorci and wife to Pacific Gies and Electrio Company dated July 31, 1963 and recorded in book 6130 of Official Records at pages 263, Santa Clara County Records, northerly to the northwesterly boundary lino of said 2.165 acre parcel of land and lying 5 feet on each side of the lire which bagins at a point in the southerly bounuu y line of said 2.165 acre parcel of land and runs thence north 80 421 53" crest 317.68 feet, more or less, to a point in the northwesterly boundary line of said 2.165 acre parcel of land; said point of beginning bears south 890 479 5611 west 69.91 feet distant from the southeast corner of said 2.165 acre parcel of land. EMBIT "H" yy • a 4 M 4A tr y y 1 �s5&5g,y�•' p�o�t750 ,Azp�•C. Ls � tr��C'� • r � p• Mary Avenue RESERVATION OF TO:dER LINE RIGHTS . All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more. particularly described as follows: A strip of land of the uniform width of 80 feet extending from the easterly boundary line of said 0.604 acre parcel of land described in Exhibit "F" and "F-1" southwesterly to the westerly boundary line of said 0.604 acre pare=l of land and lying 40 feet bn each side of the line which begins at a point in the easterly boundary line of said 0.604 acre parcel of land and runs thence south 46° 00' 30" west 103.75 feet, more or less, to a point in the westerly boundary line of said 0.604 acre parcel of land; said point of beginning bears north 0° 04' 00" west 328.98 feet distant from the southeast corner of said 0.604 acre parcel of land. EXHIBIT "I" I ,, fo0 I 1 ok 4 to + 671, 1 X0. / 'c 10 M �- N • �'�� ►•� men =� \ &' 01,10 (o4.91 �~ A RESOLUTION NO. 3626 A RESOLUTION OF THE CITY COU°;CTI, OF THE CITY OF CUPERTINO AMORIZING THE EXECUTIO`; OF A IODIFIED AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PACIFIC GAS AND ELECTRIC COM- PANY PROVIDING FOR THE EXCILNCE OF CERTAIN REAL PROPERTIES ON BLANEY AVENUE AND MARY AVENUE WHEREAS, on October 15, 1973, t'.ie City Council adopted Resolution No. 3557 authorizing execution of F.n agreement between the City of Cuper- tino and the Pacific Gas and Electric Company providing for the exchange of certain real properties on Blaney Avenue and Mary Avenue; and WHEREAS, subsequent to the approval of said agreement, the Pacific Gas and Electric Company discovered that they inadvertently omitted the reservation of tower line rights for their existing tower line through the City of Cupertino; and WHEREAS, a modified agreement has been presented to the City Council including Pacific Gas and Electric Company tower line rights, and the Fro- visions of said agreement have been approved by the Director of Public Works and the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement herein referred to in behalf of the City of Cupertino. PASSED F1\TD ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th _day Df March _, 1974, by the following vote: AYES: CouncilmL,. - Frolich, Je.ckson, Meyers, Sparks, Irwin NOES: Councilmen - None ABSENT: Councilmen - None APPROVED: i f 1s/ Keith E. Trwin_ Mayor, City of Cupertino ATTEST: ,1s/ Wm. E. U er t City Clerk