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20. Grant of easement San Mateo Ave .,> RESOLUTION NO. 07-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR PUBLIC ACCESS PURPOSES FROM 1200 SAN MATEO AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY CORPORA TION,.1 0495 N. DE ANZA BOULEVARD, APN 326-33-110 WHEREAS, 1200 San Mateo Avenue, LLC, a California Limited Liability Corporation, has executed a Grant of Easement for Public Access 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 public access purposes, situate at 10495 N. De Anza Boulevard, APN 326~33-11 0, 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 18th day of December 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: A TrEST: APPROVED: City Clerk Mayor, City of Cupertino Attachments: EXHIBIT A & EXHIBIT B 20 - 1 . -" GRANT OF EASEMENT' FOR PUBLIC ACCESS PURPOSES APN: 326-33-110 10495 N. De Anza Boulevard 1200 San Mateo Avenue. LLC4 a California Limited Liability COJ1)~ration4 hereinafter , called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal co!!,oration, herei~after called Grantee, the right to enter and use a,Public Access Easement as Gra.Utee shall from time to time elect within the hereinafter described property of certain piemises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: . "':J (See Exln'bit A and B) Grantor hereby further grants to Grantee the right and privilege to. enter upon his lands contiguous to and along the line' of said hereinabove descnbed strip for the purpose of access said - Public Access Easement for the purpose of doing any necessary o! lawful act in connection with the use of said Easement. The foregoing is subject to the following express conditions: -The Grantor agrees to restore the gro~d surface and any improvements thereon to its original ~de or condition insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, executed this _day of o (Notary acknowledgment to be attached) 20 - 2 "I< Chappell Surveying Services land Surveying Geographic Information Systems Precision Agriculture Exhibit "A" Public Access Easement #1 All that certain real property situate in the City of Cupertino, County of Santa Clara, state of California being a portion of Parcel B as said parcel is shown on that certain parcel map filed for record in the. office of the Recorder for said Santa Clara County on August 27th, 1980 in Book 469 of Maps at page 39 and being more particularly described as follows: Commencing at the Northwest Corner- of said Parcel B being a point on the southerly right-of-way line of Mariani Drive as shown on said map; thence North 89"52'24" East, along the northerly line of said Parcel B coincident with said right.-of-way line, 43.35 feet to the Point of Beginning; thence North 89052'2411 East, along said line, 75.46 feet; thence South 73030'00" West, leaving said line, 28.08 feet; thence South 89.52'24" West, 32.73 feet; thence North 63030'00" West', 17.66 feet to the Point of Beginning. Public Access Easement #2 All that certain real property situate in the City of Cupertino, County of Santa Clara, state of California being a portion of Parcel B as said parcel is shown on that certain parcel map filed for record in the office of the Recorder for said Santa Clara County on August 27th, 1980 in Book 469 of Maps at page 39 and being more particularly described as follows: Commencing at the Northwest Corner of said Parcel B being a point on the southerly right-of-way of Mariani Drive as shown on said map; thence North 89052'24" East, along the northerly line of said Parcel B coincident with said right-at-way, 333.40 teet to the Point of Beginning; thence North 89052'2411 East, continuing along said line coincident with said right-at-way, 8.92 feet to the beginning of a curve to the right having a radius of 30,00 feet; thence along said right-at-way and along said curve through a central. angle of 90.02'07", an arc length at 47.14 feet to a the beginning of a compound curve having a radius of 57.00 feet being a point on the westerly right-of-way of De Anza Boulevard as shown on said map coincident with the easterly line of said Parcel B; thence along said right-at-way and along said curve through a central angle of 16041 '57", an arc length of 16.61 feet; thence South 16036'2811 West, along said right-of- way, 19.19 feet to the beginning of a curve to the left having a radius of 73.00 feet; thence along said right-of-way and along said curve through a central angle of 16.4,1 '57", an arc length of 21.28 feet; thence South 00.05'29" East, along said right-ot- way, 104.27 feet to the beginning of a curve to the left having a radius of 73.00 feet; thence along said right~of-way and said curve through a central angle of 6048'2511, an arc length of 8.67 feet to the southeast comer of said Parcel B; thence South 89052'24" West leaving right-of-way and along the southerly line of said Parcel B, 2.01 feet to the beginning of a non-tangent curve to the right having a radius of 75.00 feet, a radial line lof2 Phone: (209) 8459694. Fax: (209) 8459654. email: survey@garlic.com 20 - 3 680 Esther Way Oakdale, CA 95361 " to said beginning bears South 83016'59" West; thence along said curve through a central angle 6037'32" an arc length of 8.67 feet; thence North 00005'29 West, 39.31 feet; thence South 89054'31" West, 3.40 feet; thence North 00"05'29 West, 20.71 feet; thence North 89054'31" East, 3.40 feet; thence North 00005'29 West, 26.87 feet; thence North 11053'07 West, 29.22 feet to the beginning of a curve to the right having a radius of 50.00 feet; thence along said curve through a central angle of 28"29'35", an arc length of 24.86 feet; thence North 16"36'28" East. 14.74 feet to the beginning of a curve to the left having a radius of 20.00 feet; thence along said curve through a central angle of 68"51'33", an arc length of 24.04 feet; thence North 52"15'05" West, 23.26 feet to the Point of Beginning. ~. See Exhibit "B" attac:hed hereto and made a part hereof. This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyor's Act. ~~ Brett J. Cha ell, P.L.S. 7547 Expires: 12/31/2007 ' :', 20f2 Phone: (209) 845 9694. Fax: (209) 8459654. email: survey@garfic.com 20 - 4 680 Esther Way Oakdale, CA 95361 " .. - 1- " -T- 60' , SB9"52'24"W 2.01. DE ANZA BOULEVARD 1=57.00' tF16"41'57'" L=16.61' R=73.oo' ::g-:~r .L tF16.41'~7'" L-47.14' l., L-21.28 -. P.AEI2 SOO"OS'2~E ..L04.27' --t- -- ~_J: L9 /.03--1- -\- -/.... LS ~ L7 ~ \ R-50.OO' ll-28"2S.J5'" L-24.86' -'. y: /v- \a92' I \ P.O.B. I P.AEI2 ~ .,;: e '- ~ ~ ~I 30' I -. ~ ~ Q ~ I::! Q: ~ b co -.(. ~ I ~ ~ S7J.JO.OO-W ~ 1\ 28.08' ~ \ ~, .1 :c= ~l S89"52'.24"W ~I J2.7J' )'- P.AE.11 ~ ~:J"JO'OO'"W ~~66' [P.o.B. P.A.EI1 tr) _ ~ P.O.C. -- R=20.00' !r=68151'JJ" L=24.04. .,~ PARCEL B 469 MAPS 39 ,EXHIBIT "B" PUBLIC ACCESS EASEMENTS (fsS)s . CHAPPElL SURVEYING SERVICES , LAND SURVEYING GEOGRAPHIC INFORMATION SYSTEMS 71 ' C1 c2/ ~ ...l 0) Oi (Q I ~ ~I UNE TABLE UNE BEARING it S1636'28"W L2 NS2"15'OS"W LJ N1636'28"E L4 N11 "5J'OrW L5 NOO"OS'2S"W L6 N89"54'3,"E L 7 NOO"05'29"W L8 589"54'31"W L9 NOO"OS'29"W I CURVE TABLE I CURVE RADIUS C1 7J.00. C2 7S.00' LENGTH '9.19' 23.26. 14.74' 29.22' 26.87' 3.40' 20.71' 3.40' 39.3'. DELTA 6'48'2S" 6.37'32" LENGTH 8.67' 8.67" I I /"':l..ifl~ \Y C..-' - PARCEL A 584 MAPS 23&24 I I LEGEND I I BOUNDARY LINE CENTER LINE DESCRIBED EASEMENT LINE POINT OF BEGINNING POIN T OF COMMENCEMENT PUBLIC ACCESS EASEMENT RADIAL P.O.B. P.O.C. P.A. E. (R) Job No. 2005035 By BJC Ck By . BJC Date 10-03-07 Scale: 12o":'~O' Sheet -L of -L 680 Esther Way Oakdale, CA 95361 (209) 845 9694 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CAUFORNIA COUNTYOF ~Y) mcrt-e_u ) ) On ~O\lerY\buI5, z.o.o 1 be&. ;\mbt( R-e sn;cJC" Nc)b~ R bLl.O lore me, -; DATE NAME, TITLE OF OFFICER - E.G.., ~ JANE DOE, NOTARY PUBLIC personally appeared, J -e-1-t-r ' .p ~ ' personally known to me (or proved~to me on the basis of satisfactory evidence) to be the person~ whose name~ is/lbe subscribed to the within instrument and acknowledged to me, that he/~elt.hcy executed the same in his/herlt.lmir authorized capacity~), and that by his!ltM/tb6ir signature(5) on the instrument the person~ or the entity upon behalf of which the perso~ acted, executed the instrwnent WITNESS my hand and official seal. .' AMBER RESNICK ~ cbMu. .1589954 ~ NOTARY ..u.uc eCALlFORNIA , , SAMMATEO COUNTY , Comm. Exp. JUNE 25, 200 .' ~ (4)''2rv'4'Y c (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SBCTION IS NOT RBQUIRBD BY LAW BUT MAY BE BENEPICIAL TO PERSONS ltPLYlNGON THlS NOTARIZED DOCUMIlNT, TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTIIER THAN NAMED ABOVE SIGNER'S NAME , SIGNER'S NAME RIGHT 11RlMBPIUNT RIGHT 11lUMBPRINT 20 -6