CC Resolution No. 99-034RESOLUTION NO. 99- 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM
MARDESICH COMPANY, A CALIFORNIA GENERAL PARTNERSHIP,
10023 SOUTH DE ANZA BOULEVARD, APN 359-08-019
WHEREAS, Mardesich Company, A California General Parmership, has
executed a Grant of Sidewalk 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 sidewalk 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 Califomia, 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 February, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
Cit~
APPROVED:
May0r,~ity offfupertin
GRANT OF
SIDEWALK EASEMENT
APN: 359-08-019
10023 S. De Anza Blvd.
Mardesich Company, A California eeneral partnership, hereina~er called Grantor, hereby
grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the
fight to excavate for, install, replace .(of the initial or any other size), maintain and use for
sidewalk purposes az Grantee shall from time to time elect within the hereinafter described
property of certain premises which are situated in the City of Cupertino, County of Santa Clara,
State of California, and described az follows:
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for the purpose of locating,
con.vtmcting, repairing, ron~ntaining, or replacing said sidewalks or appurtenances thereto, for the
purpose of doing any necessary or lawful act in connection with thc construction or maintenance
of said sidewalk; there is also granted the right of thc use of sufficient land contiguous to said
strip on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building material during the time of coustmcting said sidewalk and any repair thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
The Grantee further agrees that such excavation or building materials are 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 facilities or land use.
IN '~VI'fNESS WHEREOF, said parties have executed this Grant of Eusement this
dayof .~s'?, , 19a~
Mardesich Company,
A California general partnership.
A~tached: Reso~ut±on ~I~l~l ~: ' ~
I~o. ' 99-03~
(Plezze a~ch appropriate notary acknowledgment(s) on an 8-1/2" x 11" sheets)
C:~My Docum~nta~C~mtDedshV. as~nent~8732.20\Cmmtesm.swk- doc 7/24/98 2:46 PM
EXHIBIT "A "
SEDEV~'ALK EASEMENT
Being easement for sidewalk purposes and being a portion of the lands of Mardcsich Company, a
partnership, as described in the Grand Deed Recorded in Book 6143 &Official Records at Page
144, Santa Clara County Records, and being more particularly described as follows:
Commencing at the Northwesterly comer of Parcel One of aforementioned lands of Mardesich
Company, being a point 75.00 feet southerly of the centerline of Stevens Creek Boulevard; thence
along the said Southerly line of Stevens Creek Boulevard 75.00 feet southerly and parallel with
said centerline N 89°58' E, 225.17 feet more or less to the Non, west comer of that parcel
described in Book 9069 of Official Records at Page 273, Santa Clara County Records, and being
the Tree Point of Baginnlng of the herein described sidewalk easement; thence continuing on the
Southerly line of Stevens Creek Boulevard N 89058, E, 21.47 fe,~; thence leaving said Southerly
line of Stevens Creek Boulevard and along a curve to the left, fi.om a tangent that bears
S 26°29'33'' E, with a radius of 2.00 feet, through a central angle of42°54'15'', for a distance of
1.50 feet to a Point of F, everse Curve; thence along a curve to the right, with a radius of 31.00
feet, through a central angle of 18°07'06'', for a distance of 9.80 feet to a Point of Reverse Curve;
thence along a curve to the lei~ with a radius of 19.00 feet, through a central angle of 35045, 1
for a distance of 12.85 feet to a point herea~er known as Point "A', being 85.00 feet and at right
angles from the aforementioned centerline of Stevens Creek Boulevard, thence parallel with and
85.00 feet southerly of said centerline N 89058, E, 86.63 feet more or less to a point on the
easterly line of aforementioned Parcel 1, thence along said Easterly line on a curve to the right
from a tangent that bears S 62°04'5 I" E, with a radius of 30.00 feet, through a central angle of
18°56'33'', for a distance of 9.92 feet; thence leaving said Easterly line parallel with and 91.00
feet southerly of said centerline of Stevens Creek Boulevard S 89°$8" W, 94.47 feet more or less
to a point from which aforementioned Point "A" bears N 0°02, W, 6.00 feet; thence continuing
S $9~58' W, 42.93 feet to the westerly line of aforementinned parcel recorded in Book 9069 at
Page 273; thence along said Westerly line N 0002, W, 16.00 feet to the Point of Bcglnning.
PLS 4656
F:,p RO JEC'DC H~87322'~)O C~ XHI BITA'r hw-doc
STEVENS CREEK BLVD.
POINT OF R-51.00'
COMMENCEblENT Yk-18'07'06" '
NW coR.E:. ~
P,...c,'. ', ~
/6145 OR 144 F,, Am4-2'?,,4'15' \
/ ~ L-1 50~ \ L=12.85 .,,
\ 309.08' (TOTal m=S28'29 33'~
%,~"" N 8g'58' E: A1r :21.47' ~K~. \ ~ '(RAD) ~5'a', /' ~L-9.g2
/ / ~/ ~ /'-i~'' I i N~'5~'~ ' ~-~-~0
OF BJEGINNING'~ /
~ ' ~
N o'o~ w _../ / .
~/
-/
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I ' ,
I, J ........... ..-.""
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Am42"54'1§"~ // ~, R-31.O0'
L-1.50' \ ,~,.~18'0T06'
L-9.80'
EXHIBIT
TH[ I. AND~; QF MARDESICH CO. 1"=30' DWN BY: AJS
11'~7 N. McDOWELL BLVD. P£TALUMA, CA 94954 (707) 785-1660
I~ ~ ~ `JOHN W. `JOHNSON. ARCHITECT ,JAMES H. R~Y. C~L E:NeN[ER SHEET ~ 10F1
-~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
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.
Corem, No. 1147789
NOTARY ~UBLIC - CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires
Ju~y 21,2001
W~N,~ my hand and official seal.
Signature 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 ATrACHED DOCUMENT
[3INDIVIDUAL
r~CORPORATE OFFICER
~PARTNERS
DLIMITED
~GENERAL
DTRUSTEE(S)
~GUARDIAN/CONSERVATOR
QOTHER
Grant of Sidewalk Easement
TITLE OR TYPE OF DOCUMENT
ATI'ORNEY-IN-FACT
Three
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Mardesich Co.
August12,1998
DATE OFDOCUMENT
None
SIGNER(S)OTHER THAN NAMED ABOVE