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CC Resolution No. 99-321RESOLUTION NO. 99-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR LANDSCAPE 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 Landscape 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 landscape 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, Cotmty 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 C~pertino GRANT OF LANDSCAPE EASEMENT APN: 316-26-017 10002 N. De Anza Blvd. Hossain E. Khaziri and Christine V. Khaziri, a California Limited Liability Company, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and use for landscape 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 landscape or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said landscape; 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 landscape and any repair thereof. The foregoing is subject to the following express conditions: The Grantor agrees to install and restore the ground surface and any improvements thereon to its original grade or condition as required by the City of Cupertino. IN WITNESS WHEREOF, said parties have executed this Grant ot~ Easement this day ofl~CP, 19C~ Owners; Christine V. Khaz'iri ,~' - (Notary acknowledgment to be attached) LEGAL DI;gdI:IIPTIOkl FOR LANDSCAPE 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 LANDSCAPE 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 2-LANDSCAPE 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 8.86 FEETTO THE TRUE POINTOF BEGINNING; THENCE CONTI.NUING ALONG SAID NORTHERLY LINE SOUTH 89' 54' 00" EAST 10.00 FEETTO. A POINTON A LINE WHICH IS PARALLEL TO THE CENTER LINE OF NORTH DE ANZA BLVD. AND DISTANT 78.86 FEETTHEREFROM, MEASURED AT RIGHTANGLES; THENCE ALONG SAID PARALLEL LINE SOUTH 0'04'00" WEST 118.32 FEETTO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL OF 23'39'55" FOR AN ARC DISTANCE OF 12.39 FEET; THENCE SOUTH 45' 05' 00" WEST 4.42 FEETTO A POINT ON A NONCONCENTRIC CURVE AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 45' 08'52" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 29'22'58" FOR A DISTANCE OF 15.38 FEETTO A POINT OF COMPOUND CURVATURE; THENCE CONTINUING ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 290.00 FEET THROUGH A CENTRAL ANGLE OF 1'20'08" FORA DISTANCE OF 6.76 FEETTO A POINT ON A LINE PARALLEL TO SAID CENTER LINE OF NORTH DE ANZA BLVD. AND BEING DISTANT 68.76 FEET THEREFROM, MEASURED AT RIGHT ANGLES; THENCE- ALONG SAID PARALLEL LINE NORTH0' 04' 00" EAST 113.81 FEETTOTHE TRUE POINT OF BEGINNING. CONTAINING 1279 SQUARE FEET, 0.029 ACRES, MORE OR LESS. ?ta ..... DATE DESCRIPTION PREPARED UNDER SUPERVISION OF KENNETH NELSON , CIVIL ENGINEER, - .~. [~ENNETH NEL~)N, RCE#22023 ~,~I'RXTION 09-30:2001 LINE TABLE:CU ¥E TAI LE: ! LINE BEARING DISTANCE CURVE RADIUS DELTA LENGTH  LI N89°54'W 8.8G' CI 290' :l°')..O'O~' ,, , L2 N 89°54'W I 0.00' C2 30' 51010'28" 26.79' ~'~ SCALE; I =30 ~/ L3 N45°OS'E 12.00' C3 .'~0' 29°~.5,~' I ~./ L4 S 44°55'E 12.00' C4 23.5C 29°35'0~ \-- (:~/ L5 S45°O5'W 12.00' C5 50.00' 'Z'~$9'5.~11 0 -- R.O.S. BK. IOOM. 9 ~ ~S 89° 54 O~ ~ ~00.99' ~ N 89~ 54~' W 77. 76 / STEVENS CREEK BLVD. PREPARED UNDER DIRECTION OF: ~E PLAT TO AC MPANY LEGAL DESCRIPTION SCALE 1','=30' KENNETH NELSON RCE N0.22023 LICENSE EXPIRES: 09/30/2001 DR. BY SFN & OBP ' NCSS & ASSOCIATES JOB 99-146 LANDSCAPE EASEMENT . 125 E. SUNNYOAKS AVE. SUITE 204 SHEET NO; 2:~ CAMPBELL, CA 95008 ~ OF 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. KHAZlRI 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 ray. nd o~icial seal. (Signature ~ Not~y-P[Jblic) (This area for notarial seal)