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E-515 Right-of-Way Easement, Stevens Creek Canyon When recorded, return to: County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Record without fee under Section 6103 California Government Code RIGHT-OF-WAY EASEMENT Park: Stevens Creek Project: Stevens Canyon Road APN: 351-21-9 COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation (CITY) An easement for public roadway with the right to construct, repair, operate, and maintain all public utilities and improvements necessary for the public safety, welfare, and convenience on all that real property in the County of Santa Clara, State of CaliFornia, described on the attached Exhibits A-1 and A-2, under the following conditions: 1. Indemnity -CITY shall indemnify, defend and hold harmless the COUNTY, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of the exercise of this Easement by CITY, its agents, employees, or subcontractors. CITY shall reimburse the COUNTY for all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising out of CITY's exercise of this easement. Excepted from this indemnity are losses, injuries or damage caused by the acts or omissions of the COUNTY. 2. Reversion - If the easement area described in E:KhibitsA-1 and A-2 is not used for roadway purposes for a consecutive twelve month period, and such use is not resumed within thirty days after COUNTY's written notice to CITY, then CITY shall extinguish this Easement by executing such documents as are reasonably necessary to accomplish the same, and COUNTY shall thereafter own the property free and clear of any such easement. When COUNTY receives CITY's document that clears this easement; COUNTY sf~all reimburse CITY t $600 purchase price within 45 days. j Dated : ~ `'~ Donald F. Gage Chairpers State of California ) County of Santa Clara ) ss. On ~~~ 'y, , 2002, before me, Ke~t~, ~i^C1+G S~ ~l"S a Notary Public in and for said State, personally appeared Donald F. Ga4e who F~roved to me on the asis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted executed the instrument. HELEN IRENE SALYERS Comm. # 1194807 rn d NOTARY PUBLIC•CALIfORNIA ~' ,.(LV.y~,~ . Santa Clara County ~ - .~•, ess: My Comm. Expires Aug. 29, 2002 Notary Public ht-of-Way Easement -City of Cupertino - St. Canyon Road Page 1 of 4 ~~. JU~f (~ ~ X002 RIGHT-OF-WAY EASEMENT Exhibit A-1 Park: Stevens Creek Project: Stevens Canyon Road APN: 351-21-9 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the parcel as described in that certain deed to the County of Santa Clara recorded on January 10, 1966 in Book 7241 of Official Records at page 721, Santa Clara County Records, more particularly described as follows: Commencing at a monument at Station 30+15.68, as shoNm along the monument line of Stevens Canyon Road on that certain Record of Survey recorded on~~ 2001 in Book 742of Maps at pagesl3_2]~through, said county records; Thence along said monument line South 66°48' 16" West, 9.88 feet; Thence leaving said monument line, at right angles South 23°11'44" East, 20.50 feet to a point on the northerly line of the above said parcel, said point being the TRUE F'OINT OF BEGINNING; Thence along said northerly line, the following five(5) co»rses: 1) North 56° 19' 35" East, 14.84 feet; 2) North 24°51' 15" West, 0.57 feet; 3) North 71°54'54" East, 49.52 feet; 4) North 81°57'06" East, 49.61 feet; 5) South 87°28'22" East, 74.31 feet to the northeasterly corner of said Parcel, also being the westerly corner of the parcel described in the deed recorded on June 28, 2000 as Document No. 15294858, in the office of the Recorder of Santa Clara County; Thence along the line common to last said parcels South '>8°41' 16" East, 15.10 feet; Thence leaving said common line, North 83°54'56" West, 46.90 feet to the beginning of a curve to the left; Thence along said curve having a radius of 279.50 feet, tl~-rough a central angle of 29°16'49", for an arc length of 142.83 feet; Thence South 66°48' 16" West, 9.88 feet , to the TRUE F'OINT OF BEGINNING; Containing an area of 736 square feet, more or less. A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit ~4' z This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. Billy 1Glartin, LS 5797 License Expires 6/30/2( IC1Six9R99020/~DWGLepals~SCFEEMS.DOC O SAND S~ 9 GF< , BILLY MARTIN x; EXP.6l30/2004 ~. No. 5797 ~C`~Q, \DF CA~~EO Dated: ~u6 ~~/ Right-of-Way Easement -City of Cupertino - St. Canyon Road Page 2 of 4 RIGHT-OF-WAY EASEMENT Exhibit A-2 Park: Stevens Creek Project: Stevens Canyon Road APN: 351-21-9 )<AlS~ri ~E;~~~l~~~11" r~3 ~ Jri J o ~~, STEVENS Ci~NYON ROAD ~' STA 30+15.68 31+00 - 1- - h~ PO=_~-- MONUMENT LINE ~- _` ~'Sh 1..~ PER=Z~~ __MAPS ~.~= 25 _'- L6 32+ 3o+p0 L5 ~ ~_ ,~ ~~ ~ \ ~ o0 ~ L10 ~ ~~ ~ TPOB ROADWAY EASEMENT (g ~ ~~ - 736 sq. ft. f 7241 OR 721 COUNTY OF SANTA CLARA JrI~ALL~ D~~ 1~JJ. 1~2J%~J3 237 MAPS 9 tsp.., i BEA RING DISTANCE TABLE LINE BEARING LENGTH L1 S 66°48'16" W 9.88' L2 S 23°11'44" E 20.50' L3 N 56°19'35" E 14.84' L4 N 24°51'15" W 0.57' L5 N 71°54'54" E 49.52' L6 N 81 °57'06" E 49.61' L7 S 87°28'22" E 74.31' l8 S 58°41'16" E 15.10' L9 N 83°54'56" W 46.90' L10 S 66°48'16" W 9.88' CURVE TABLE CURVE RADIUS DELTA LE C1 279.50' 29°16'49" 142.83' TPOB - TRUE POINT OF BEGINNING Subject ROADWAY EASEMENT ~7an 540 Price Avenue STEVENS CANYON ROAD, CUPERT I NO Redwood City, CA 94063 Job No. 990204 CO MSU LTINO [MOIMEE~S sso/482-s3oo gy WS Date 08 14 O1 Chkd. ML 650/482-6399 (FAX) SHEET 1 OF 1 LEGEND 0 h -- - - - PROPERTY LINE - - - EASEMENT LINE --- -- - MONUMENT LINE OR - OFFICIAL RECORDS POB - POINT OF BEGINNING GTFi N Right-of-Way Easement -City of Cupertino - St. Canyon Road Page 3 of 4 Project: Stevens Canyon Road APN: 351-21-9 CERTIFICATE OF ACCEPTANCE CITY OF CUPERTINO This Certificate of Acceptance is given to comply with Section 27281 of the government Code. This certifies that the interest in real property conveyed by the Right-of-Way Easement dated May 7, 2002, from the County of Santa Clara to the City of Cupertino, a government agency, is hereb~r accepted by order of the City Council on April 15, 2002, and the Grantee consents to its recording by the City's duly authorized officer. Date : ~ ! ~ ~ /vim By: ~l Administrative Clerk City of Cupertino Right-of-Way Easement -City of Cupertino - St. Canyon Road Page 4 of 4