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CC Resolution No. 98-044-- RESOLUTION NO. 98-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES FROM TRINET ESSENTIAL FACILITIES X INC., A MARYLAND CORPORATION, LOCATED SOUTH OF HOMESTEAD ROAD AND EAST OF TANTAU AVENUE WHEREAS, Trinet Essential Facilities X Inc., as a condition of its use permit, is required to grant to the City an irrevocable offer of dedication for future street purposes, if and when the need arises in the future; and WHEREAS, Trinet Essential Facilities X Inc., a Maryland Corporation, has executed an Irrevocable Offer to Dedicate Property for Street Purposes to fulfill the conditions of the use permit; and WHEREAS, the plat and description attached to the grant fully delineates the right-of- way which may be required for future street purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby accepts the Irrevocable Offer to Dedicate Property for Street Purposes and authorizes the City Clerk to have said grant recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, NOES: None ABSENT: None ABSTAIN: None James, Statton, Chang ATTEST: City Clerk ~ROVED: ~ r--, Mayor, City of Cupertino IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES The undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the City of Cupertino, a municipal corporation, an easement and fight of way for a public street upon, under, over and across that certain real property situated in the City of Cupertino, County of Santa Clara, State of California and more particularly described as follows: (SEE EXHIBIT "A" AND "B") The undersigned understand that the within offer can only be accepted by resolution of the City Council of the City of Cupertino pursuant to California Streets and Highways Code Section 1806 and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. WITNESS WHEREOF, executed this __ [~1~. dayof ~awaa~ , 199~ Owners: T~acilities ~., a Maryland Corporation (Notary acknowledgment to be attached) ALL-PURPOSE ACKNOWLEDGMENT personally appeared L))~J)k~ [~'4. personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~e subscribed the within ins~ment and to ac~owledged to me ~at h~she/~ey ex~uted the same in his/her/their authorized capacity(ies), and that by his/her/their ................... ::.:.::.:~ signature(s) on the ins~ment the person(s), ~~ ~1 g.~~ ~ or the entity upon behalf of which the .~ comm,~uouu, a ~ n I~ ~~ ~0~ ~UBUC-C~U~0R~ . perso (s) acted, executed the ins~ument. WITNESS hand ~d offici~ se~. my isvo o informfion ~low is not required by law. However, it ~uld prevent Raudulent attachment of ~is ac~owl- edgment to ~ unaumofized d~ument. A~OR~Y-IN-FACT GUARD~/CONSERVATOR ~ ~OTHER: ~ APA 1/94 VALLEY-SIERRA, 800-362-3369 October 9, 1997 Job No. 89 ! 89-21 Page 1 of 3 LEGAL DESCRIPTION OFFER FOR DEDICATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 6 AND PARCEL 8 AS DESCRIBED IN A DOCUMENT ENTITLED "RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT", RECORDED JUNE 2, 1972 IN BOOK 9862, AT PAGE 476, OFFICIAL RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 6; THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING SEVEN (7) COURSES: NORTH 0009'05'' EAST 20.00 FEET; NORTH 89o24'05'' EAST 337.38 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°15'00'', HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 46.73 FEET; NORTH 0o09'05'' EAST 233.50 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27o22'53'', HAVING A RADIUS OF 180.00 FEET, AN ARC DISTANCE OF 86.02 FEET TO THE BEGINNING OF A REVERSE CURVE; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26o38'57'', HAVING A RADIUS OF 220.00 FEET, AN ARC DISTANCE OF 102.33 FEET; NORTH 0°34'51'' WEST 174.28 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DOCUMENT ENTITLED "DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES", RECORDED ON NOVEMBER 8, 1967 IN BOOK7923 AT PAGE 278, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG SAID LINE THE FOLLOWING TWO (2) COURSES: SOUTH 80o57' 19" EAST 37.48 FEET; NORTH 89o25'09'' EAST 3.05 FEET; THENCE THE FOLLOWING FIVE (5) COURSES: SOUTH 0°34'51'' EAST 168.01 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26038'57'', HAVING A RADIUS OF 180.00 FEET, AN ARC DISTANCE OF 83.72 FEET TO THE BEGINNING OF A REVERSE CURVE; \\server 1 \admin\word\89189-21 \lgldesc.doc October 9, 1997 Job No. 89189-21 Page 2 of 3 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°45'43", HAVING A RADIUS OF 220.00 FEET, AN ARC DISTANCE OF 10.61 FEET; SOUTH 0009'05'' WEST 374.50 FEET; SOUTH 89°24'05' WEST 386.99 FEET TO THE POINT OF BEGINNING. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. DATE TED L. WILSO~I, L.S. NO. 64t~ f:\word\89189-2 l\lgldesc.doc j H OMESTEAD ROAD MONUMENT LINE LINE TABLE: P.O.B ~ LINE N 89'25'09" E 226.99 r.~?, l¢_ J L4, ~Ii--T~'' Lt L2 L3 L4 L5 OCTOBER 10, BEARING S 80'57'19" E 37.48' N 80"57'19" W 94.09' I N 00"09'05" E 20.00' 40.00' N 89'25'09" E 3.05' -J S 89°25'09" W 26.95' OFFER FOR DEDICA PON -~'~~ CURVE TABLE: CURVE RADIUS DELTA LENGTH Cl 220.00' 26'38'57" 102.33' C2 180.00' 27'22'53" 86.02' C3 30.00' 89'15'00" 46.73' C4 220.00' 2'45'43" 10.61' C5 180.00' 26'38'57" 83.72' OFFER FOR DEDICA nON ~,%, N 89~4'OS" E 35Z38' 1997 8:39 AM H: \DWG\89 ! 89\-2 ! PD. DWG 20. 00' -::C' .--... C'-.i PLAT TO ACCOMPANY LEGAL DESCRIPTION TANDEM UPERTINO CALIFORNIA OFFER FOR DEDICATION KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 3350 Scott Boulevord. Building 22 (408)727-6665 Son ta C 1 or a, Co I i f or n ia 95054 FAX (408) 727-5641 DATE OCT. 1997 SCALE 1" = 100' DR. BY MK JOB 89189--21 SHEET NO. 3 oF3