CC Resolution No. 99-035RESOLUTION NO. 99-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR PUBLIC ART PURPOSES FROM
MARDESICH COMPANY, A CALIFORNIA GENERAL pARTNERSHIP,
10023 SOUTH DE ANZA BOULEVARD, APN 359-08-019
WHEREAS, Mardesich Company, A California General Partnership, has
executed a Grant of Public Art Easement which is in good and sufficient form, granting to
the City of Cupertino, County of Santa Clara, State of California, easement over certain
real property for public art purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which
is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 10023 South De Anza
Boulevard.
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 1st day of Febrnary, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
Mayor, City c
GRANT OF
PUBLIC ART EASEMENT
APN: 359.-08-019
10023 S. De Anza Blvd.
Mardesich Comnanv, A California eeneral oartnership, hereinafter called Grantor, hereby
grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the
right to excavate for, install, replace (of the initial or any other size), maintain and use for public
att purposes as Crrantee shall from time to time elect within the hereina~er described property of
¢~ctain premises which are situated in the City of Cupertino, County of Santa Clara, State of
California, and described as follows:
(See Exhibit A & B)
Grantor hereby further ~ants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hcreinabove described strip for the purpose of locating,
conffffucting, repah'ing, rnnim'aining, or repla~ing said public art or appurtenances thereto, for the
. purpose of doing any necessary or lawful act in connection with the construction or maintenance
of said public art; there is also granted herewith thc right of thc usc of sufficient land contiguous
to said strip on either or both sidcs thereof for the purposes of excavation of and deposit of earth
and necessary building material during thc time of constructing said public art and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improvements thercon.to its
original grade or condition insofar as it is practicable and reasonable to do so.
The Grantee further ag~z~s that such excavation or building materials axe to be removed
form said contiguous land within a reasonable period of time and said placement of materials
shall not interfere with the normal operation of existing facilitics or land usc.
IN WfI'NESS WHEREOF, said parties have executed this ~rant of Easement this I:z'Tln
Owller~:
Mardesich Company,
A Califoraia general partnership.
Attached: Resolution No. 99-03C~~
(Please attach appropriate notary acknowledgment(s) on an 8-1/2" x 11" sheets)
C:~My Dogumm~\GmtD~daWam~m~nt~732.20\Otant~m-a~- d°¢ 7/24Dg 2:40 PM
EXHIBIT "A"
PUBLIC ART EASEMENT
Being an easement for Public A~t purposes and being a portion of the lands of Mardssich
Company, a partnership, as described in the Grant Deed recorded in Book 6143 of Official
Records at Page 144, Santa Clara County Records, and being mo~¢ particularly described as
follows:
Commencing at the Northwest coraer of Parcel One of aforementioned lands of
Mardesich Company, being a point 75.00 feet southerly of the eenterline of Stevens Creek
Boulevard; thence along the northerly line of said lands of Mardesieh 75.00 feet southerly and
parallel with the eenterline of Stevens Creek Boulevard, N 89o58, E, 309.08 feet; thence along a
curve to the right with a radius of 110.00 feet, through a central angle of 23°15'22", for a distance
of 44.65 feet to a Point of Compound Curve; thence along a curve to the right with a radius of
30.00 feet, through a central angle of 38°07'09'', for a distance of 19.96 feet; thence leaving said
boundary of the lands of Mardesich S 61°20'31" W, 0.55 feet to the Tree Point of Baginning of
the herein described PubLic Art Easement; thence N 60o57'42'' W, 12.00 feet; thence
S 29o02, 18" W, 12.00 feet; thence S 60o57"42" E, 12.00 feet; thence N 29o02, 18" E, 12.00 feet to
the Point of Beginning.
F:LoROJECT~C I~'/232~EXI-IIBITA-~nw.doc
POINT OF
COMMENCEMENT
NW CORNER
PARCEL 1
6143 OR 144
N 89'5B' E
STEVENS CREEK BLVD.
POINT OF TOTAL CURVE
COMPOUND R=30.O0'
5=51'12'28'
=26.81'
309.08' R-~30.O0'
A =38'07'09"
L~-19.96'
RICHARD h. F.
L.S. 4656
LICENSE EXPIRATI~
PUBLIC
1;
APN 359-08-19
/ 60'57'4~' W
12.00
S 29'02'18'
12.00' ; TRUE POINT
BEGINNING
12.00'
No. 4656
9-50-9~
'UBLIC ART"
~.ASEMENT
DETAIL
EAS~RLY
UNE
PARCEL
6143 OR
R=290/
~=15'32'10"
L-75.63'
R=30.O0' N ~
61'20'31" W
0.55'
~ TRUE POINT
OF BEGINNING
(nts)
iEXHIBI T "B" s.o,,,,,c A ART EASEMENT ON
THE LANDS OF MARBESICH CO.
I~~1~7 N. McDO~ BL~. PETALUMA, CA 94954 (707) 765-1660
+ ~ ~ ~ JOHN W. JOHNSON. ARCHI~CT JAMES H. RAY. CI~L ENGINEER
SCALE:
1"=30'
RHL~ 8732.20
DWN BY:AJS
DATE:6/98
SHEET ~:10F1
~'ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clare
On August 12, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared.Nick
Mardesich, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and
that by his signature on the instrument the person, or
the entity upon behalf of which the persons acted
executed the instrument.
OBERTAANN WOLFE
Comm. No. 1147789
~!OTARY PUBLIC' C~I~¥A
SANTA C~COUNT~
My Com~sion Expires
WlT~.~~d and official seal·
S~nature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[]INDIVIDUAL
[]CORPORATE OFFICER
~PARTNERS
[]LIMITED
~GENERAL
[]TRUSTEE(S)
[]GUARDIAN/CONSERVATOR
[]OTHER
Grant of Public Art Easement
TITLE OR TYPE OF DOCUMENT
ATrORN EY-IN-FACT
Three
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
~lardesich Co.
Au,qust 12, 1998
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE