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CC Resolution No. 9087 RESOLUTION NO. 9087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES FROM THE ROMAN CATHOLiC BISHOP OF SAN JOSE, A CORPORATION SOLE, SUCCESSOR TO ROMAN CATHOLiC ARCHBISHOP OF SAN FRANCISCO; AND RANCHO SAN ANTONIO RETIREMENT HOUSING CORPORATION; SOUTH OF ROUTE 280, WEST OF FOOTHILL BOULEVARD WHEREAS, the Fomm Group, as a condition of its use permit, is required to grant to the City an irrevocable offer of dedication for future street purposes, if and when the need arises in the future; and WHEREAS, the Roman Catholic Bishop of San Jose, a Corporation Sole, Successor to Roman Catholic Archbishop of San Francisco; and Rancho San Antonio Retirement Housing Corporation have executed an Irrevocable Offer to Dedicate Property for Street Purposes to fulfill the conditions of the use permit; and WHEREAS, the plat and description attached to the grant fully delineates the right-of-way which may be required for future street purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby accepts the Irrevocable Offer to Dedicate Property for Street Purposes and authorizes the City Clerk to have said grant and this resolution recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May , 1994, by the following vote: ~ AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Dean, Sorensen, Koppel None None None APPROVED: Isl Barb Koppel Mayor, City of Cupertino ATTEST: Isl Kim Marie Smith City Clerk AUG 137 ""1 15: 33 JTC&B SI'<II JOSE P.2 . . , ''"-'' , '-'" IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES £3 I<tvt- .'or '1411:14618 QOI:u;;iQe:Ea~.\.en, thp- undersigned owners of the hereinafter described real property, hereby warranting that they . constitute all of the owners therp-of, for themselves, their heirs, successors and assigns, hereby irravocably offer to dedicate to the city of Cupertino, a municipal 'corporation, an easement and right of way for a pubUc street upon, under, over and acros~ that certain real property situated in the city of C\)'~í' ìh f) 0 , County of Santa Clara, State of California and mor! particularly described aa follows: Beginning at the hereinabove mentioned Southeasterly corner of Parcel lEi thence from said point of beginning along said Southwesterly line of said Parcel lE North 65" 58' 47" West 40.87 feet to the inter.saction thereof with the centerl1ne of the paved roadway leading to saint Joseph's Seminary at the true point of beginning of this description; thence from said true point of beginning along said centerline of said roadway as follows: South 05° 02' 20" West 159.41 feet, South 01°'27' 23" West 100.00 feet, South 01° 16' 37" East 100.00 feat, South 03° 02' 54" East 67.84 feet. Southerly along an arc of a tangent curve to the left with a radius of 400.00 feet, through a central angle of 370 55' 43", an arc distance of 264.79 feet, tangent to the preceding curve South 40° 58' 37" East 31.47 feet, Southeasterly along an arc of a tangent curve to the left with a radius of 700.00 feet, through a central angle of 12° 45' 00", an arc distance of 155.77 feet, tangent to the preceding curve Sout.h 53° 43' 37" East 189.70 feet, and Southeasterly along an arc of a tangent. curve to the right with a radius of 600.00 f~êt, through a central angle of 20° 26' 20", an arc distance of 214.04 feet to the terminus of this easement. The Northeasterly ter.minal line for this easement being said Southweaterly line of Parcel IE. The undersigned understand that the within offer can only be accepted by resolution of the City council of the City of Cupertino pursuant to California Streets and Highways Code ,.:.u¡~ 07" "? 1 . '=: ":'..1 t:,:::: 8 '~;.r'1 !¡='=.::: '-' F.3 --- Section 1806 and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be binding upon our heirs, personal represèntatives, sucoessors and assigns. The plural as used herein shal1 include the singular, and the singular shall include the plural. Executed this ~ day of ~)\j:sr , 1991. ROMAN CATHOLIC BISHOP OF SAN JOSE, A CORPORATION SOLE, SUCCESSOR TO ROMAN CATHOLIC ~ISHOP OF SAN FRANCISCO OÚ~~~- RANCHO SAN ANTONIO RETIREMENT HOUSING CORPORATION BY'~ Its: ' STATE OF CALIFORNIA } COUNTY OF ~ANfA t. LA-I¿¡~ SS, On A-IÂ-(;;Ju..s.r f! J q 9 I before me, tbe undersigned, a Notary Public in and for said State, personally appeared .<..A-RP:f'<", LA Ill£) personally known to mc or proved to me 0 tbe basis of satisfactory evidence to be tbc person wbo executed the within instrument as the - President, and Its: 4t:/-c:-v'1h¡ - IVI CAT. NO. NNOO737 ., TO 21945 CA (1-83) (Corporation) t .. . .. z :! ~ ! I I , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrUment as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS ~d and o.fficial seal. , , Signature ð1......- a - ~ PS\CCS\888881B6.W50 '~f ., TICOR TITlE INSURANCE ~~I:0""""""""""""""'''''''''''''''''''''''''''''''G><!>''''''1 3 Q..., OFFICIAL SEAL: G . .~~ LOitl A. FR::DIANf ~ ~ l\;;;?" NOTARY ?UBlIC - CAllrORNIA 3 ~ '. . SANTA CLARA COUNTY a ~ ,My Commission ExpirÐs Feb. 4, 1994 ~ JGN,;¡\,oN, I.oNtI.aN,/GN!G);.:;¡~~~(;}-!JG~G~G~~~G~ (This area for official DOwial seal) - 2 - STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ) ss. ) On August 9, 1991, before me, EDWARD D. NINO, personally appeared ROBERT E. SUMMERS, personally known to me to be the person whose name is subscribed to this instrument as the attorney-in-fact for THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a Corporation sole, and acknowledged to me that he subscribed his name as attorney-in-fact for THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a Corporation sole. -- (t EDWMDD,. 1IOTAR'f PI8JC - CMIIØM SANrA ClARA COIIIIY M earn... bpi.. lull 13, I. , I Brian Kangas Foulk October 7, 1993 Job No. 880186-A1 PROPERTY DESCRIPTION FOR DEDICATION OFFER FOR STREET PURPOSES ConStJJtmgEngineers 540 Pnce..I\vt!nue RedwoodC¡r/, CA94063 415/365-0411 SITUATE in the City of Cupertino, County of Santa Clara, State of California an¿AX4151365.;160 described as follows: BEING a strip of land of uniform width of 50.00 feet by perpendicular measurement, the centerline of said strip being more particularly described as follows: BEGINNING at the most westerly corner'of that certain 54.04 acre Parcel as said Parcel is described in Volume 2590 of Official Records at Page 95, Santa Clara County Records, said point being also North 65° 58' 47" West, 40.87 feet from the southeasterly corner of the Parcel as described in Volume 7096 of Official Records at Page 183, Santa Clara County Records said point being the TRUE POINT OF BEGINNING of this description; THENCE from said TRUE POINT OF BEGINNING along the westerly boundary of said 54.04 Parcel South 05° 02' 20" West, 159.41 feet; THENCE South 01 ° 27' 23" West, 100.00 feet; THENCE South 01° 16' 37" East, 100.00 feet; THENCE South 03° 02' 54" East, 67,84 feet; THENCE along a curve to the left having a radius of 400.00 feet through a central angle of 37° 55' 43" an arc distance of 264,79 feet; , THENCE South 40° 58' 37" East, 31.47 feet; THENCE along a curve to the left having a radius of 700.00 feet through a central angle of 12° 45' 00" an arc distance of 155.77 feet; THENCE South 53° 43' 37" East, 189.70 feet; THENCE along a curve to the right having a radius of 600.00 feet through a central angle of 20° 26' 20" an arc distance of 214.04 feet to the terminus of this easement. EXHIBIT A Page 1 of 2 Professional Services Since 1915 Property Description for Dedication Offer for Street Purposes Job No. 880186-A 1 October 7, 1993 Page 2 The northeasterly terminus for this easement being the southwesterly line of aforesaid Parcel as described in Volume 7096 of Official Records at Page 183, Santa Clara County Records. Description prepared by: Billy Martin, L,S. 5797 License Expires 06/30/96 Signed: ß~~ Dated: O¿;7." //. /917$ " MLM:pms:pw EXHIBIT A Page 2 of 2 "-.../ "" COú, (~85. 'Nry p 80·R'4RI( . 38) LANDS OF THE STATE OF CALIFORNIA INTERSTATE 280 ~ :.. GROUND LEASE TO FORUM LIFECARE. INC, (K387 0, R , 1708) ~ u ~ TRUE P.D.B. I I I I I I ~ 1 ~ t I Ig~1 \....(;1 I on I I ~ I ~ \ ~~ I I g::' I I'" C; \ \ on I I I \ 0\ I \ \ \ \ \ ~ \ \ ~ ~ \ ~. \ \ þ ~ \ ""it \ v. , \ .....~ . 0 " , '" '" :...J.í1'. '\ , 'tJ.~. , ¡:::j \ -- ROMAN CATHOLIC BISHOP OF·SAN JOSE (2590 0, R. 95) 54,04 ACRES \ \ DEAJ1I~ 5 03"02'54ÐE N 65"58'4J"W Dl9TAICE 67.84 040.67 ROMAN CATHOLIC BISHOP OF SAN JOSE (2590 O,R. 95) ~o. ".t. 0", "'40\'1'; +"''''/' " " ..... 17 " . " ...... .....1? $ ð ..... ...... :,jI...... ..... J{l, 'tJl':;, ..... ..... 9'>0 >~ ...... " "" " " " " " ...... -9, "- ... ~o:..... ...... {.. 0 ..... (J.... '00 "- " "'0 <1 " " ., \:>0. "- ..... I''',f. ~ð'. "- ..... 06' ~O' " ......> . , " " , EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION OF DEDICATION FOR STREET PURPOSES OVER FORUM LIFECARE. INC. PROPERTY CITY OF CUPERTINO COUNTY OF SANTA CLARA BRIAN KANGAS FOULK CONSULTING ENGINEERS 540 PRICE AVENUE REOWOOD CITY. CALIF. 9<4063 TELEP'WNE (4151 365-0412 Date: 10/0B/93 Scale: 1'0100' By: CM/AFM Sheet 1 OF 1 JlPLOTw 100 SC SIHEET Uè.UICArION 4/92 - 6t3LO. 12JPf; BBtOG 589 Pro .No. BBOI86-AI tt-Oel-g] 08:55 AM 1880t86.51-'