Loading...
CC Resolution No. 11-020 Grant of Easement for Sidewalk Purposes, 19333 Vallco Parkway, APN 316-20-075 and 316-20-076 RESOLUTION NO. 11 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES, FROM APPLE INC., A CALIFORNIA CORPORATION, 19333 VALLCO PARKWAY, APN 316 -20 -075 AND 316 -20 -076 WHEREAS, Apple Inc., a California corporation, 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 19333 Vallco Parkway, more particularly described in Exhibit "A" and Exhibit `B ", 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 regular meeting of the City Council of the City of Cupertino this 15 day of February, 2011 by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ,ern ke)t �`-- City Clerk Mayor, City of Cupertin GRANT OF :EASEMENT FOR SIDEWALK PURPOSES APN 316 -20 -07:5 & 316 -20 -076 19333 Vallco Parkway, Cupertino, CA 95014 APPLE INC., a California corporation ( "Apple "), grants to the CITY OF CUPERTINO a non- exclusive easement for public sidewalk purposes, together with the obligation to construct any and all improvements which shall be or become necessary for the operation of the sidewalk (and to repair, operate and maintain any existing or future sidewalk improvements), over the hereinafter described property which is situated :n the City of Cupertino, County of Santa Clara, State of California, and is described as follows ( "Easement Area "): (see Exhibit "A" & "B ") Nothing herein contained shall prohibit Apple from constructing or allowing a third party to construct any improvement within the Easement Area, so long as such improvement does not permanently interfere with pedestrian use of the sidewalk within the Easement Area. r� IN WITNESS WHEREOF, executed this f " day of x , 2011. Ow - . f ' ; pl : I u c. a California corporation Waa�► Nan ' � .CL�4-To2-� Title (Notary acknowledgment to be attached) October 14, 2010 Job No. A09020 -1 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION FOR: SIDEWALK EASEMENT All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 1 and Parcel 2 as shown on that certain Parcel Map filed for record on March 26, 1978 in Book 438 of Maps at Pages 12 -13, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwesterly corner of said Parcel 1; Thence along the westerly line of said Parcel 1, North 01 °05' 14" West, 2.50 feet to a point on a line parallel to and distant 2.50 feet northerly at right angles to the northerly line of Vallco Parkway as shown on said Map; Thence along said parallel line, North 88 °54'46" East, 16.21 feet; Thence leaving said parallel line, along a non - tangent curve to the left having a radius 8.50 feet and to which point a radial line bears South 41 °12'23" East, through a central angle of 26 °54'54" for an arc distance of 3.99 feet; Thence South 64 °44'57" East, 7.18 feet to a point on said parallel line; Thence along said parallel line, the following three (3) courses and distances: 1. North 88 °54'46" East, 55.00 feet; 2. Along a curve to the right having a radius of 707.50 feet, through a central angle of 32 °50'37" for an arc distance of 405.56 feet; 3. South 58 °14'37" East, 87.72 feet; Thence leaving said parallel line, the following four (4) courses and distances: 1. North 31 °45'23" East, 10.00 feet; 2. South 58 °14'37" East, 10.50 feet; 3. South 31 °45'23" West, 0.50 feet; 4. Along a curve to the left having a radius of 9.50 feet, through a central angle of 90 °00'00" for an arc distance of 14.92 feel to a point on said parallel line; Thence along said parallel line, South 58 °14'37" East, 77.91 feet to a point on the easterly line of said Parcel 2; Thence along the said easterly line, South 31°45'23" West, 2.50 feet to a point on said northerly line of Vallco Parkway; I :`. PROJECTS .A09020 DOCS SURVEY DOCS LEGAL DESCRIPTIONS`.Sidewalk Easement Legal Description.doc October 14. 2010 Job No. A09020 -I Page 2 of 2 Thence along said northerly line the following three (3) courses and distances: 1. North 58 °14'37" West, 185.63 feet; 2. Along a curve to the left having a radius of 705.00 feet, through a central angle of 32 °50'37" for an arc distance of 404.13 feet; 3. South 88 °54'46" West, 80.00 feet to the Foint of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. it A4/ y9 F� o � /D — (7 / Date Ryan M. Amaya, L.S. 8134 ` s' j. 4 ' 0. 81 3 Q' % OF CM1-�F�� 1:` PROJECTS A09020`DOCS'SURVEY DOCS'LEGAL DESCRIPTIONS `Side wwall; Easement Leval Description.doc 1 ■ CURVE TABLE: LINE TABLE: CURVE RADIUS DELTA LENGTH LINE BEARING DISTANCE C1 8.50' 26 °54'54" 3.99' L1 N 01 °C5'14" W 2.50' C2 9.50' 90 °00'00" 14.92' L2 N 88 °54'46" E 16.21' L3 S 64 °44'57" E 7.18' L4 N 88 °54'46" E 55.00' L5 S 58 °14'37" E 87.72' — L6 N 31 °45'23" E 10.00' L7 S 58°14'37" E 10.50' �\ L8 S 31 °45'23" W 0.50' — L9 S 58 °14'37" E 77.91' rL7 / L10 S 31°45'23" W 2.50' z -102, i —1-1-111 �, L1 1 S 88 °5;4'46" W 80.00' w \\ - 1 0 Ni N L5 J \ L 1 i Y i Tr! U, L3 I P ARCEL 2 Q \ T `^` , (438 M 12 -13) 0 / v / in J \,. / / o ! • i PARCEL 1 405.5 1 L5 L9 _� L10 (438 M 12 -13) 32 °5 ° -� ----- 404.13' 1 } N 58 °14'37" W 0 � 3 �. 185.63' \ ,I: i �o1 5 0,3 5 — VALLCO PARKWAY it ..., ., o � i , � o �o , I< �� w L1 4 w POINT OF �'' > BEGINNING i 7 �, LAND S�� NOTE `` P� m. 44i -,, / The easement offset is exaggerated © ® r "of on this plat for visual clarity. Z` )rP /0 qT F OF CAS \FOS` N- I DATE OCT.2010 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: SIDEWALK EASEMENT SCALE 1" = 100' CUPERTINO CALIFORNIA DR. BY SB 1< KIER & WRIGHT SOB A09020 -1 EXHIBIT "B" CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO. / 3350 Scott Boulevard, Building 22 (408) 727 6665 J R ;barbs' °ROJ :,4099 n. ,dri:' D J emen , "- PL /Ldwo ()MEP 14 ?[1Q 4' Santa Clara, California 95054 fax (408) 727 5641 1 OF 1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT !' State of California 1, County of .7 I 1 � On V�,` /-.QI/ before me, /3/2'�/?f'J/. M01-6S S, A.h J (Here insert n c and title of the of cer) / / G I' ■ i personally appeared /,/ Gc1h /SPi')#7V/ / i 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 • capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of 1 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ii is true and correct. . - . R. MAESTA$ 1 WOW ►` Com mlislon • 1141519 �i WITNESS my hand and official seal. �I .,� Notary C� - Ca California il 1 S Comm. is Oct 17 2013 1 Signature of Notary Public (Notary Seal) 11 1 ADDITIONAL OPTIONAL INFORMATION ( INSTRUCTIONS FOR COMPLETING THIS FORM A i ny acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate aclatowledgment form must be 11 properly completed and attached to that document. The only exception is if a ■! document is to be recorded outside of California. In such instances, any alternative ! acknowledgment verbiage as may be printed on such a document so long as the I (Title or description of attached document) verbiage does not require the notary to do .something that is illegal for a notary in I California (i.e. cert('ing the authorized capacity of the signer). Please check the (Title or description of attached documcnt continued) document carefully for proper notarial wording and attach this form if required. I II • State and County information must be the State and County where the document II Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. I • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date thc acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her 1 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at thc time of I notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the convect singular or plural forms by crossing off incorrect forms (i.e. I I ❑ Individual (s) he/she /they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of documcnt recording. I! ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. I ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of j the county clerk. I ❑ Attorney - - Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. i Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this documcnt to the signed documcnt 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasscs.com