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CC Resolution No. 07-138 RESOLUTION NO. 07-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR SIDEWALK PURPOSES FROM P ANCAL CATALANO, L.P., A CALIFORNIA LIMITED PARTNERSHIP, LOCATED LOT 5 - CATALANO COURT WHEREAS, Pancal Catalano, L.P., as a condition of its use permit, is required to grant to the City an irrevocable offer of dedication for future sidewalk purposes, if and when the need arises in the future; and . WHEREAS, Pancal Catalano, L.P., a California Limited Partnership, has executed an Irrevocable Offer to Dedicate Property for Sidewalk Purposes to fulfill the conditions of the use permit; and WHEREAS, the plat and description fully delineates the right-of-way which may be required for future sidewalk purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby acknowledges the Irrevocable Offer to Dedicate Property for Sidewalk Purposes, reserves the right to accept at a later time, and authorizes the City Clerk to have said offer recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 st day of August 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Sandoval, Lowenthal, Mahoney None None None ATTEST: APPROVED: . dnci_ c~ IRREVOCABLE OFFER OF DEDICATION FOR SIDEWALK PURPOSES sidewalk purposes, toge nhi grant(s) to the CITY OF CUPERTINO for Pancal Catalano L.P. utilities and improvemen , repair, operate, and maintain any and all public necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino,. County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & Plat to Accompany Exhibit "A") IN WITNESS WHEREOF, executed this (()1J,day of JULY, 2007. Owner: PAtJCJ1L tltTfJLA1l0.. ~p. 6'(: dRJ!!I*~ PAY c.uus7"Ae17~ · ell C!cRP..f7.P. ~~A~ r- 1&'1: Benjamin hui" V. p. ." (Notary acknowledgment to be attached) Page 1 of 1 IRREVOCABLE OFFER OF DEDICATION EXHIBIT A SIDEWALK EASEMENT All that certain property lying within the limits of the incorporation of the City of Cupertino, described more particularly as follows: Beginning at the Southeast comer of Lot 5 as shown on the map for Tract No. 9656 as recorded in Book 807, page 39, Santa Clara County Records; thence proceeding along the Easterly lot line of said Lot NOooOO'58"W 5.00 feet to a point of intersection with the Northern boundary of the 5.00 Toot wide Public Pedestrian Easement; thence leaving said Easterly lot line and proceeding along the Northerly boundary line of said Easement S89059'02"W 35.26 feet to a point of non-tangent curvature and the TRUE POINT OF BEGINNING, thence along a non-tangent curve to the right with a radial bearing of N20049'50"E, a radius of 7.30 feet, a delta of 37011'35" an arc length of 4.74 feet to a point of reverse curvature; thence along a tangent curve to the left having a radius of 14.39 feet, a delta of 116002'51" an arc length of 29.14 feet to a point of tangency; thence along a tangent curve to the right having a radius 7.30 feet, a delta of 37011'35" an arc length of 4.74 feet to a point of non-tangency, said point also being in the Northern boundary of aforementioned 5.00 foot wide PubHc Pedestrian Easement; thence N89059'02"E 31.60 feet to the TRUE POINT OF BEGINNING. Containing 1 97 square feet and being a portion of the aforementioned Lot 5. ./~~~ . l: ~.,. VA:;' 4,."5> ~~ f:.. /ff~~ ':,,-,~ $V;'" -r-./~ ~ .~ ._~~,;... . . ~r ~ ~~rX({9/o1'~ .~, {~~. &..v. ~' ~ ~,;:el ~ .~ :,/~ '4#1 ~~ June 28, 2007 SCALE: 1 "=20' --- \ \ . JUNE 27, 2007 PLAT TO ACCOMPANY EXHIBIT A FOR THE CREATION OF A SIDEWALK EASEMENT IRREVOCABLE OFFER OF DEDICATION ~- -- --I I I I LOT 5 TRACT NO. 9656 6=116'02'51 " R=14.39 6=37'11'35" L=29.14 R=7.30 L=4.74 -- /.JJ .& 0,) ,":;f- . C ~ SS9'S9'02"W 31.60' . 35.26' --L-- T.p.a.B. , , 6=37'11'35" R=7.30 L=4.74 -'t-- ~, ~- 0' _LOi / / EXIST~ 5.00' / PUBLIC PEDESTRIAN . EASEMENT I \ CATALANO CT. LEGEND: I I I ~- _ 0 00 o . tol!) o I Z ~ SIDEWALK EASEMENT State of California CourJ!Y of SJrNiA CI.-MCA On \JUl..f 10" .2.0D 7 before rile.. LB:;:)/J/tIiU) JivFT'DN, /VOT'/ttel Pus !..Ie (here Insert name and tItle of officer) personally appeared i3eN::TN'1 IN CHU/. personally known to me (or 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 which the person(s) acted, executed the instrument. WITNESS my han~ / / fficial seal. .,; :.:' Signature (Seal)