CC Resolution No. 99-322RESOLUTION NO. 99-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR PUBLIC ART PURPOSES FROM
HOSSAIN E. KHAZIRI AND CHRISTINE V. KHAZIRI, 10002 NORTH DE ANZA
BOULEVARD, APN 326-17-022
WHEREAS, Hossain E. K_haziri and Christine V. Khaziri has executed a Grant of
Easement for Public Art Purposes which is in good and sufficient form, granting to the
City of Cupertino, County of Santa Clara, State of Califomia, 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 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: Bumett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk ~7-
APPROVED:
Mayor, City of O~p~o
GRANT OF
PUBLIC ART EASEMENT
APN: 316-26-017
10002 No. De Anza Blvd.
Hossain E. Khaziri & Christine V. Khaziri, hereinaiter 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 art purposes as 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 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 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 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 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 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 from 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.
OC '~' WITNESS WHEKEOF said parties have executed this Grant of Easement this c:~' day of
~t-, ,1999. '
iri~ C'/~
· [Please attach notary acknowledgment(s)]
LI BiL Dl §l l lPTIO
FOR
PUBLIC ART FASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PARCEL OF LAND
FOR PUBLIC ART EASEMENT PURPOSES, SAID PARCEL 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 3-PUBLIC ART EASEMENT
COMMENCING AT A POINT ON THE EASTERLY LINE OF SAID 0.487 ACRE PARCEL
OF LAND, ABOVE DESCRIBED, SAID POINT LYING 7.00 FEET NORTHERLY OF THE
SOUTHEASTERLY CORNER THEREOF; THENCE LEAVING SAID EASTERLY LINE
ALONG A LINE WHICH IS PARALLEL WITH AND DISTANT 52.00 FEET NORTHERLY,
MEASURED AT RIGHTANGLES, FROM THE CENTER LINE OF STEVENS CREEK
BOULEVARD NORTH 89' 54' 00" WEST 100.99 FEET TOA POINTOF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
23.50 FEET, THROUGHA CENTRAL ANGLE OF 30° 11' 27" A DISTANCE OF 12.39
FEETTOTHE TRUE POINT OF BEGINNING OFTHE PARCEL HEREIN DESCRIBED;
THENCE CONTINUING ALONG SAID ARC OF A CURVE TO THE RIGHTHAVlNG A
RADIUS OF 23.50 FEET, THROUGH A CENTRAL ANGLE OF 29' 35' 06" A
DISTANCE OF 12.13 FEET; THENCE NORTH 45° 05'00" EAST 12.00 FEET;
THENCE SOUTH 44° 55' 00" EAST 12.00 FEET; THENCE SOUTH 45' 05' OO"WEST
12.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 145 S.F., MORE OR LESS.
DESCRIPTION PREPARED UNDER SUPERVISION OF KENNETH NELSON , CIVIL
ENGINEER.
DAT~ - ~.~11~ "2-2023
~1~ ~ EXPIRATION 0~30-2001
~~'~ ~t~x.,
LINE TABLE: CURVE TABLE:
I"LINE, BEARIN~ DISTANCE CURVE RADIOS D~_LTA Lr~_N~g
L2 NB~'W tO.O0' C2 30' 51o10'28'' 26.79'
% SCALE: ,":~0'2/ L3 N45°OS'E t2.00' C~ ~0' ~2¢58' .1¢.~'
~/ L4 S 44°55'E I 2.00' C4 23.~ 290~'~' 12.13'
x ~ N 45"~ E ~. ~' C6 23.50 30 27 12.39
~ L6
S 89 54 O0 E i49.7
~ 60.00'
'0 ~: ROS BK OOM 9
- ~ oW Llo ..... ,
~ ~ ~ .'~ ~ EASEMENT
. S 89° 54' 0~' E [00.99'
Z
N 89 54 O0 W ~7.76'
STEVENS CREEK BLVD, ?/'~
:REPARED UNDER DIRECTION ~:~ DATE'
~UN~ =4,
PLAT TO AC~MPANY' SCAL~
LEGAL DESCRIPTION KENNETH NELSON RCE No.2202~ DR. BY
LICENSE EXPIRES: 09/~0/200[ SFN ~ OBP
~ NCSS A ASSOCIATES JOB 99-146
PUBLIO ART EASEMEN~ [25 E. SUNNYOAKS AVE. SUITE 204 SHEET
~; NoJ
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On October 25, 1999
before me, D. PATRICK
(Name, Title of Officer)
personally appeared HOSSAIN E. KHAZIRIANDCHRISTINEV. 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(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.
WlTN E~"~ my~ and .official seal.
(Si'gna~-~r~of Notary Public)
(This area for notarial seal)