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CC Resolution No. 09-201 Grant of Easement 19770 Stevens Creek BoulevardRESOLUTION NO. 09-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR. SIDEWALK PURPOSES, EVERSHINE VI, L.P., A CALIFORNIA LIMITED PAR"1NERSHIP, 19770 STEVENS CREEK BOULEVARD, AYN 369-06-009 WHEREAS, Evershine VI, L.P., a California Limited Partnership, has executed a Grant of Easement for Sidewalk Purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for sidewalk purposes situate at 19770 Stevens Creek Boulevard, APN 369-06- 009, more particularly described in Exhibit "A", attached hereto and made a part hereof. 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 special meeting of the City Council of the City of Cupertino this 15th day of December, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the ('.ity Council Wang, Wong, Chung, Mahoney, Santoro None None None City Clerk APPROVED: or, City of Cupe o GRANT OF EASEMENT FOR SIDEWALK PURPOSES APN: 369-06-009 Evershine VI, L.P., A California Limited Partnership, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to use for sidewalk and pul:~lic access purposes the hereinafter described property which is situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Exhibit A) Grantor hereby further grants to Grantee t:he right and privilege to enter upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of accessing said Sidewalk Easement for the purpose of doing any necessary or lawful act in connection with the use of said Easement. IN WITNESS WHEREOF, executed this ~~~day of 1 - . 2009. OWNER: Ann, ie MH Chan, Managing Member (Notary acknowledgment to be attached) CALIFORNIA ALL-PURPOSE ACKNOW-LE~GMENT ~~f`r„o.~hcrC~a =v~.2!`^ ~`~~~.C`".c~C'~.~~K`_ ~ rr~~C`r2~ a'~C`~~~F'.~Y+.c~f`~i .~Y`~.p~~~+o~+' - - ~~x+~~C`- FM- ~~F1~.<v~- -^~.y_y _ State of California County of SA fJ T/4 C L ~ Q~ OnD~B'M6~~ S 2flribeforeme, Ar~IT(-kon[Y T_ !-LSE I~(o ~R•2`~ Pt.(13L1~ Date o ~ Here Insert Name an rtle of tha ,cer personally appeared ~ ~ fJ ~ ~ ~ . iN ~.' {-~~}sJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANTHONY i. lEE = commission # t gat ~9a I certify under PENALTY OF PERJURY under the laws -v _- Notary Public - California ~ of the State of California that the foregoing paragraph is sonta Clara county N9y C.orTtm. E~Ir~AQr26, tot i true and correct. WITNESS my hand a fficial seal. ~ %2?~ / ti Signature -!. !l t Place Notary Seal Above Signatur¢ of N ry Public OPT/ONAL_ Though the information below is not required by law, it may prove va/uab/e to persons relying on the document and cou/d prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: G 2A~T rr~~ T_ , ~ ~r+~s~)'~Lt~? ~o(Z Sit D ~ W~} LK Pi,t.RPOSES Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual O Individual D Corporate Officer -Title(s): O (corporate Officer -Title(s): O Partner - O Limited ~ General O Partner - L7 Limited O General _ O Attorney in Fact L~ Attorney in Fact CJ Trustee Top of thumb here Ol'rustee Top of thumb here O Guardian or Conservator D (guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. box 2402 • Chatsworth, CA 91313 2402 • www.NationalNOtary.org Item #5907 Reortlec Call Toll-Free 1-BOO-B]6-6827 "EXI~iBIT A" LEGAL DEfiCRIPTION SIDEWALK EASEMENT ALL THAT REAL PROPERTY in the County of Santa Clara, State of California, described as follows: A portion of Parcel "C" as shown on that certain Parcel Map entitled "Parcel Map being a portion of Lot 3 `Map of Craft Estate Partition' (L-M-28), which was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 14, 1978 in Book 424 of Maps, at Pages 39 and ~~0, more particularly described as follows: Con~rnencing at the most northeasterly cornea of said Parcel "C" also being a point on the southerly right of way of Stevens Creek Boulevard. as of October 21, 2009; thence Westerly, South 89°36'00" West along the northerly line of said Parcel "C", 1 .31 feet to the Point of Beginning. Said Point of Beginning is also the beginning of anon-tangent curve to the left, having a radial line which bears South 12°14'20" East, having a radius of 11.42 feet, Thence westerly along previously said non-tangent curve to the left, through a central angle of 26°37'27", an arc length of 5.31 feet.; Thence South 51 °08' 14" West, 4.02 feet to the beginning of a tangent curve to the right having a radius of 7.00 feet; Thence westerly along previously said tangent curve to the right, through a central angle of 38°36'53", an arc length of 4.72 feet; Thence South 89°45'06" West, 49.98 feet to -the beginning of a tangent curve to the right having a radius of 4.00 feet; Thence westerly along previously said tangerct curve to the right, through a central angle of 3 1 °47' 39", an arc length of 2.22 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the left, having a radius of 6.00 feet; Thence westerly along previously said tangerct curve to the left, through a central angle of 31°49'46", an arc length of 3.33 feet; Thence South 89°43'00" West, 59.33 feet to -the beginning of a tangent curve to the left having a radius of 32.00 feet; November 16, 2009 Page 1 of 3 F:\2OO6\JO61O9\LEGALS\SIDEWALK EASEMENT.doc Thence westerly along previously said tangent curve to the left, through a central angle of 13°02'26", an arc length of 7.28 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the right, having a radius of 45.00 feet; Thence westerly along previously said tangent curve to the right, through a central angle of 26°53'54", an arc length of 21.13 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the left, having a radius of 27.00 feet; Thence westerly along previously said tangexct curve to the left, through a central angle of 14°07'06", an arc length of 6.65 feet; Thence South 89°27'22" West, 40.61 feet to the beginning of a tangent curve to the left having a radius of 23.00 feet; Thence westerly along previously said tangerrt curve to the left, through a central angle of 15°20'50", an arc length of 6.16 feet to a poixit of reverse curvature. Said point being the beginning of a tangent curve to the right, having a radius of 20.00 feet; Thence westerly along previously said tangent curve to the right, through a central angle of 28°21 '21 ", an arc length of 9.90 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the left, having a radius of 40.00 feet; Thence westerly along previously said tangent curve to the left, through a central angle of 12°26' 15", an arc length of 8.68 feet; Thence North 89°58'23" West, 3.90 feet to the beginning of a tangent curve to the left having a radius of 55.00 feet; Thence westerly along previously said tangent curve to the left, through a central angle of 12°27'24", an arc length of 1 1.96 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the right, having a radius of 18.00 feet; Thence westerly along previously said tangerct curve to the right, through a central angle of 25°24' 1 O", an arc length of 7.98 feet to a point of reverse curvature. Said point being the beginning of a tangent curve to the left, having a radius of 35.00 feet; Thence westerly along previously said tangexct curve to the left, through a central angle of 13°26'51", an arc length of 8.21 feet; Thence South 89°31'31" West, 26.84 feet to the beginning of anon-tangent curve to the right having a radial line which bears South 77°03'37" East, having a radius of 27.00 feet, Thence northerly along the previously said non-tangent curve to the right, through a central angle of 1 O°23' 19", an arc length of 4.90 feet to the northerly line November 16, 2009 Page 2 of 3 F:\2006\J06109\LEGALS\SIDEWALK EASEMENT.doc of said Parcel "C", said line also being the southerly right of way of Stevens Creek Boulevard; Thence easterly along said northerly line, North 89°36'00" East, 283.81 feet more or less to the point of beginning. Containing 1,423+/- square feet. November 16, 2009 Page =i of 3 F:\2006\JO61O9V.EGALS\SIDEWALK EASEMENT.doc CURVE TABLE CURVE LENGTH RADIUS DELTA C1 5.31' 11.42' 26'37'27" C2 4.72' 7.00' 38'36'53" C3 2.22' 4.00' 31'47'39" C4 3.33' 6.00' 31'49'46" C5 6.16' 23.00' 15'20'50" C6 g.g0' 20.00' 28'21'21" C7 8,68' 40.00' 12'26'15" CS 11.96' 55.00' 12'27'24" C9 7.98' 18.00' 25'24'10" C10 8.21' 35.00' 13'26'51" C11 4.90' 27.00' 10'23'19" ( IN FEET ) 1 inch = 10 ft. m D N m m z •~ ,~3L__________ S89'45O6 W r----------------------~~ GRAPHIC SCALE 49'98 10 0 5 10 20 40 N W W Z W w STEVENS CREEK BLVD w-~ ~ ~ \'~~POB C, h - w PARCEL C W Z_ J 2 Q LEGEND LINE TABLE LINE LENGTH BEARING L1 4.02' S51'08'14"W L2 3.90' N89'58'23"W 424 M °~ N O ~~ 39-40 POINT OF BEGINNING POB ~~ypR POINT OF COMMENCEMENT POC ~,`~~~~~,11M ~ ADJACENT ~ ~ ~ -- - - -- -- _ - - - -- - - -- - - PROPERTY LINE z° a ~ °' Q ~ N_ ~ MATCHLINE J ~ ~z -- -- PROPERTY LINE p ~Nb~~ ~ ~ ~ ~ SIDEWALK EASEMENT ~f BOUNDARY LINE N~j~ 1 b J ~a U 5 ~ ~ I U ~ ~ O U' t0 U ~ I II ~ o _ , _ ~ ~ ~ d ~ ~c z ., ?~ U y N ~ N U ~ J 0] Q W w ~ ~ o z U ~ ~ Z >w> ~ w G N x ~~ o ~W ~ ~W o z rn w ~ __ a I ~ O U POC ~ m H~o m v `o "^ z ~~a d!. ~ „g ~~~~ O H ~^~~~ Or yam 3mr~.v" d~~ 61a~ ~z ° ~~ ~9a WW=~~ O N~ ~~ z0 ~°v o= ~~'~~~ SEE SHEET 3 v ii ~ MATCHLINE -,>N ci v rn ~! o rn o ch rn T n V 1 n zl r ~ fTl rn -~. rv Z p ~~ W W LyJ fTl ~ C.7~ O W -P Oo rn IT1 _ - O o z ~ m n v \c''w ~ rv ~ V 1 D o !~' N N II ~? o ~ o - -~ o - < 1 fv W I-t- (~ N CO v, . cD t s C rl W O O / ~ NORTN ~ / ~ 11 ~' \ F~ SIDEWALK EASEMENT MATCH LINE SEE SHEET 1 MARKETPLACE Date: 11-16-09 UNDERWOOD 8c scale 1°=10' A ROSENBLUM, ~Nli. SIDEWALK EASEMENT Dwn by: CR ~ civil engineers and surveyors Checked: MGC 1630 Oakland Rood Ste. A714 San Jose, Co. 95131 Tel. No. (408) 453 1222 Fax No. (406) 453 1207 19620 -19780 STEVENS CREEK BLVD. Job No. J06109 CUPERTINO CALIFORNIA Sheet 2 of 4 SEE SHEET 4 MATCH LINE ~ ~„ ~~~ ~ I~ ~~ I' 1 ~ N ~ f J n V ` ~ ~ V 1 (7 ~ \ 1 C~ ~ l~ L~-~ I 1- I I I I I I I~ cD •° Iv ~ • N - I tv I~ SIDEWALK I EASEMENT MATCHLINE I I SEE SHEET 2 I ~ I I „oR,,R ~~~ ~ MARKETPLACE Date: 11-16-09 UNDERWOOD 8c scale 1°=10• ROSENBLUM, INC_ SIDEWALK EASEMENT Dwn by: CR ~ civil engineers and surveyors Checked: MGC 1630 Oakland Rood Sfe. A174 San Jose, Ca. 95137 Tel. No. (408) 453 7222 Faz No. (408) 453 1207 196 20-19780 STEVENS CREEK BLVD. Job No. J06109 CUPERTINO CALIFORNIA Sheet 3 of 4 i i i ~ p~. .~ ~~r ~ v~/ T V 1 W/ v~ ~ cD l 1 ~/ ~~ f ~ ~~_ ~ j ~ SIDEWALK EASEMENT n o ~~ MATCH LINE ~~~ SEE SHEET 3 ~ NOJtTR ' I \ 7~ ~~ n MARKETPLACE Date: 11-16-09 UNDERWOOD 8c scale 1°=10• ROSENBLUM, INC. SIDEWALK EASEMENT Dwn by: CR ~ civil engineers and surveyors Checked: MGC 7630 Oakland Rood Ste. A714 San Jose, Ca. 95137 TrJ. No. (408) 453 1222 Fax No. (408) 453 7207 19620-19780 STEVENS CREEK BLVD. Job No_ J06109 CUPERTINO CALIFORNIA Sheet 4 of 4