Loading...
CC Resolution No. 99-319RESOLUTION NO. 99-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES FROM HOSSAIN E. KHAZIRI AND CHRISTINE V. KHAZIRI, 10002 NORTH DE ANZA BOULEVARD, APN 326-17-022 WHEREAS, Hossain E. Khaziri and Christine V. Khaziri has executed a Grant of Easement for Sidewalk Purposes 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 California, located at 10002 North 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 November, 1999, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, James, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: Mayor, City of (~pertino GRANT OF SIDEWALK EASEMENT APN: 316-26-017 10002 N. De Anza Blvd. Hossain E. Khaziri and Christine V. Khaziri, 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. sidewalk purposes as Grantee shall from time to time elect within the hereinafter described property of certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Exhibit A & 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 described strip for the purpose of locating, constructing, repairing, maintaining, or replacing said sidewalks or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said sidewalk; there is also granted the right of the 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 constructing 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 improvemehts thereon to its original grade or condition insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, said parties have executed this Grant ot~ Easement this o9.~" day of Owners: , -. (Notary acknowledgment to be attached 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 STRIP OF LAND FOR PUBLIC SIDEWALK PURPOSES, SAID STRIP OF LAND BEING A PORTION OF THAT 0.487 ACRE PARCEL OF LAND SHOWN UPON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 100 OF MAPS AT PAGE 9, SANTA CLARA COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1-SIDEWALK EASEMENT COMMENCING AT THE NORTHWEST CORNER OF SAID 0.487 ACRE PARCEL OF LAND ABOVE DESCRIBED: THENCE ALONG THE NORTHERLY LINE OF SAID 0.487 ACRE PARCEL SOUTH 89° 54' 00" EAST 24.36 FEET TO THE TRUE POINT OF BEGINNING; BEING ALSO A POINTON A LINE WHICH IS PARALLEL WITHAND DISTANT 84.36 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF NORTH DE ANZA BOULEVARD; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0'04'00" WEST 118.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TOTHE LEFT HAVING A RADIUS OF 23.50 FEETTHROUGH A CENTRAL ANGLE OF 89'58'00" A DISTANCE OF 36.90 FEETTO A POINT WHICH IS PARALLEL WITH AND DISTANT 52.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF STEVENS CREEK BOULEVARD; THENCE ALONG SAID PARALLEL LINE SOUTH 89'54'00" EAST 100.99 FEET TO A POINT IN THE EASTERLY LINE OF SAID 0.487 ACRE TRACT OF LAND ABOVE DESCRIBED; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 12' 00" WEST 7.00 FEETTOA POINTIN THE NORTHERLY LINE OF STEVENS CREEK BLVD.; THENCE ALONG SAID NORTHERLY LINE OF STEVENS CREEK BLVD., NORTH 89' 54' 00" WEST 77.76 FEETTO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 23' 15' 22"A DISTANCE OF 44.65 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 21' 47' 30"A DISTANCE OF 11.41 FEET.TO A POINT; THENCE NORTH 45' 05' 00" EAST 4.42 FEET TO A POINT ON A NONCONCENTRIC CURVE; THENCE, NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, CONCAVE TO THE RIGHT, FROMA TANGENT WHICH BEARS NORTH 23'35' 55" WEST, HAVING A RADIUS OF 30.00 FEET, THROUGHA CENTRAL ANGLE OF 23' 39' 55" 12.39 FEETTOA POINTOF TANGENCY; THENCE NORTH 0' 04' 00" EAST 118.32 FEET TOA POINTIN SAID NORTHERLY BOUNDARY LINE OF SAID 0.487 ACRE PARCEL; THENCE ALONG SAID NORTHERLY BOUNDARY LINE, SOUTH 89' 54' 00" EAST 5.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1566 SQUARE FEET, 0.036 ACRES, MORE OR LESS DESCRIPTION PREPARED ENGINEER. DATE~ UND~E_R_.S.~UPERVISION OF KENNETH NELSON , CIVIL I~.~ ;;!1 ~ENNETH NELSON, RCE~220~ >~ ~7 EXPIRATION 0~30-2001 IJ.l I SCALE: I"=30' ~0.00' LINE LI NE I0. TABLE: BEARING DISTANCE NB9°54'W 8.86' N 89<:'54'W 24.36' N 45°05'E 4.42' N O° 04'E 7.00' S 89°54'O0''E CURVE TABLE: CURVE RADIUB CI 290' C2 /:30' C3 II10' c4 /23.~d : C5 /ZO', Ic6 /30 149. 7 R.O.S. BK. lO0 M. 9 DELTA LEI~,,T H 1°20'0E 6.76' 51°10'28'' 26.79' 23°15'22'' 44.65' 89o5¢od' 23°39'0,~ 21047'~' 36.90' 12.39' 140.31' -~ Cl C6 /,, PUBLIC ART / %~, ~-f' EASEMENT ) / STEVENS S 89054' O0"E PLAT TO ACCOMPANY LEGAL DESCRIPTION CREEK PREPARED UNDER DIRECTION ~TTT6-N ~o~ LICENSE EXPIRES: 09/30/200 SIDEWALK EASEMENT ': No~ 1' NCSS 8, ASSOCIATES 125 E. SUNNYOAKS AVE. SUITE 204 CAMPBELL1 CA 95008 ...... JUNE 24, 1999 SCALE I"= ~0' DR. BY SFN & OBP JOB 99-146 SHEET t OF3 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On October 25, 1999 before me, D. PATRICK (Name, Title of Officer) personally appeared HOSSAIN E. KHAZIRI AND CHRISTINE V. KHAZIRI 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(les), 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. (Signature ~ Notary Public) (This area for notarial seal)