CC Resolution No. 9177
,.
RESOLUTION NO. 9177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
PARVIZ L NAMV AR, LOCATED OVER PORTION OF LOTS 38, 39, 40,
AND 41, MIRAMONTE STREET
WHEREAS, Parviz L Namvar, Grantor, has executed a Grant of Easement which
is in good and sufficient fonn, conveying to the City of Cupertino, Grantee, an easement
for Public Utility purposes over the property situate in the City of Cupertino, County of
Santa Clara, State of California, more particularly described in Exhibit "A" and Exhibit
"B", attached hereto and made a part hereof:
All certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, consisting of approximately 0.18
acre, located over portion of Lots 38, 39, 40, and 41, Miramonte Street.
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 of Easement and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~ day of September , 1994, by the following vote:
~ Members of the Ci~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Dean, Sorensen, Koppel
None
Bautista
None
APPROVED:
I sl Barb Koppel
Mayor, City of Cupertino
ATTEST:
Isl Roberta Wolfe
Deputy City Clerk
GRAHl' OF EASfMI!Nl'
fer
PUBLIC Ul'ILlTIES
PARVIZ t. IWIVAR hereinafter called Grantor, hereby grant(s) to the
CITY OF aJPERI'INO, a mmicipal corporation, hereinafter called Grantee,
the right to excavate for, install, maintain an:i use PŒLrC Ul'IL1.'lY
F.ASPMPBl' as Grantee shall fran time to time elect within the hereinafter
described ptope1:ty of certain premises which are situate in the City of
CUpertino, 0Junty of Santa Clara, state of California, an:i described as
follows:
(Description Attached)
Grantor hereby further grants to Grantee the right an:i privilege to
enter upon his lan:ls contiguous to an:i alOl¥J the line of said hereinabove
described strip for the p.u:pose of locatin;¡', const.ructin;J, repairin:.J or
mainta:inin:J said PŒLrC Ul'IL1.'lY EASfMI!Nl' for the p.u:pose of doin:.J any
necessary or lawful act in =nnection with the construction or maintenance
of said F.ASPMPBl'¡ there is also granted the right of the use of
sufficient lard contiguous to said strip on either or both sides thereof
for the p.n:pcsæ of excavation of an:i deposit of earth an:i I"""""'~ary
b.1ildin:.J materia clurin:.J the time of OOJo:;LLI.lctin:.J said F.ASPMPBl' an:i any
repair thereof.
næ foregoin:.J is subject to the followin:j express OOIrlitions:
næ Grantee agrees to restore the grourd surface an:i any iJrproveJœnts
thereon to its original grade or OOIrlition insofar as it is practicable
an:i reasonable to do so.
IN ~ WHEmDF, said parties have executed this Grant of Easement
this -4-1h- day of f\- \!:> 6 ' 19 q 4-.
,W~0-.c.,'" ~
ParV1z I
(Notary acknowledgment
to be attached.)
AII,Purpose Acknowledgement
GRANT OF EASÐ'ENT FOR
PUBLIC UTILITIES
State of California
}
County of Santa Clara
On 8/4/94 , before me, Brian c. Upton. Notarv Public
personally appeared
Parviz I. Namvar
o personally known to me - or - GJ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the w~hin instrument and acknowledged
to me that he/she/they executed the same in hislher/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.
q and official seal.
C.
Q" OFFICIAL SEAL
:": . BRIAN C. UPTON
I;.. ',' . .~', ~ NOTARY PUBLIC-CALIFORNIA
.~ . '$' PRINCIPAL OFFICE IN TI-1E
. ~ ..,¿' COUNTY CF SANTA CLARA
,.,:,~, ~_:'t... _ . . ....~
.-- My Commls5ion b~!h'!S Au!!. 4, IS:.!,;
5-0260 (Rev, 4194)
I Brian Kangas Foulk
August 19, 1993
BKF Job No, 910309,10
í,:'1 \..'Yó \1 ~
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PUBLIC UTILITY EASEMENT OVER A PORTION OF LOTS 38, 39, 40 & 41 Dmsul"ngEng",,"
540 Price Avellue
SITUATE in the City of Cupertino, County of Santa Clara, State of California and Redwood C'I"1)\ 94063
described as follows: 415/365·0412
fAX 415/365·1260
BEING a portion of Lots 38,39,40 and 41 as said lots are shown on the Record
of Survey filed 'Dn~""l,elf' iq , 1993 in Book (,52... of Maps at
Page 11 . Santa Clara County Records, more particularly described as
follows:
BEGINNING at a point distant South 39° 12' 11" East 10.02 feet from the
northwesterly line of said Lot 41 at the intersection thereof with a line that is
parallel to and distant 15.00 feet northeasterly by perpendicular measurement from
that certain line common to the southwesterly lines of said lots and the
northeasterly line of Miramonte Road (a 40.00-foot wide right-of-way);
THENCE, leaving said POINT OF BEGINNING, North 39° 12' 11" West 50,09 feet
along said parallel line to a point of non-tangent curvature;
THENCE, leaving last said parallel line the following five (5 ) courses:
(1) northeasterly along a curve to the left, whose radius point bears North 35°
40' 46" West for 775.00 feet, along an arc length of 82.00 feet and through
a central angle of 06° 03' 44" , to a point of compound curvature; thence,
(2) northeasterly along a curve to the left, whose radius point bears North 41 °
44' 30" West for 20.00 feet, along an arc length of 11.76 feet and through
a central angle of 33° 41' 35" , to a point of reverse curvature; thence,
(3) northeasterly, southeasterly and southwesterly along a curve to the right,
whose radius point bears South 75° 26' 05" East for 34.00 feet, along an
arc length of 146.64 feet and through a central angle of 247° 06' 51", to a
point of reverse curvature; thence,
(4) southwesterly along a curve to the left, whose radius point bears South 08°
19' 14" East for 20,00 feet, along an arc length of 11.67 feet and through
a central angle of 33° 26' 08" , to a point of reverse curvature; and thence,
EXHIBIT "A"
910309,2 Page 1 of 2
Professional Services Since 1915
Public Utility Easement over a Portion of Lots 38, 39, 40 & 41
August 19, 1993
Page 2
(5) southwesterly along a curve to the right, whose radius point bears North 41"
45' 22" West for 825.00 feet, along an arc length of 84.42 feet and through
a central angle of 05" 51' 46" returning to the POINT OF BEGINNING and
CONTAINING 7,762 square feet of land more or less. C '\'ð O-U'(( Vl^Cyc.
öv- \~><'.
A plat showing the above-described easement is attached hereto and made a part
hereof as Exhibit "B".
This description was prepared by:
By:
. 13,776
PK:pw
910309.2
EXHIBIT "A"
Page 2 of 2
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~ PUBLIC UTILITY
/ r EASEMENT
i"t.1D.ot _ ~./ 7,762 S.F.
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\ I L-11.67 M200 P R. 1912
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[X~IßIT liB"
PUBLIC UTILITY EASEMENT
OVER PORTION OF LOTS 38,39,40 &. 41
CITY OF CUPERTINO SANTA CALRA COUNTY CALIFORNIA
SRIAN KANGAS FOULK Date: 611<193 Scale: 1"'50'
CONSlLTING ENGllEERS By: A,F,M, Sheet 1
540 PRICE AVENUE REDWOOD CITY. CALIF. 94063
TELEPHONE (415) 365-0412 Peol.No. A--910309.10
*PLOh PLAT FOR DESCRIPTIONS - 354 (0.12] PF; 910309 5410 15-Ju~-g3 DB: 59 AM / 910309.1Q-E