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CC Resolution No. 9178 RESOLUTION NO. 9178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM PARVIZ I. NAMV AR, LOCATED OVER PORTION OF LOTS 36, 37, 38, AND 39, MIRAMONTE STREET WHEREAS, Parviz I. Namvar, Grantor, has executed a Grant of Easement which is in good and sufficient form, 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 0.16 acre, located over portion of Lots 36, 37, 38, and 39, 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 --ºt!L day of September , 1994, by the following vote: ~ Members of the City Council A1nES: Burnett, Dean, Sorensen, Koppel NOES: None AJBSENT: Bautista AJBSTAIN: None APPROVED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Roberta Wolfe Deputy City Clerk GRI\Rl' OF EI\SI!MI!Nr fer PUBLIC Ul'IL1'l'IES PARVIZ I. NI\MVAR hereinafter called Grantor, hereby grant (s) to the CITY OF aJPERTINO, a municipal ........~C1tion, hereinafter called Grantee, the right to excavate for, install, maintain an:! use PlELIC Ul'ILI'lY EASÐmIT as Grantee shall fran time to time elect within the hereinafter described property of certain prRIIi-es whicl1 are situate in the City of OJpertino, County of santa Clara, state of California, an:! described as follows: (Description Attached) Grantor hereby further grants to Grantee the right an:! privilege to enter upon his lams contiguous to an:! al0IJ3 the line of said hereinabove described strip for the purpose of locati.rq, constructi.rq, repairi.rq or maintainirq said PlELIC Ul'ILI'lY EI\SI!MI!Nr for the purpose of doi.rq any necessary or lawful act in oormec:tion with the canstruction or maintenance of said EASÐmIT; there is also granted the right of the use of sufficient Ian:! contiguous to said strip on either or both sides thereof for the plrposes of excavation of an:! deposit of earth an:! neces~~ry b.1i1.din;J materia duri.rq the time of constructi.rq said EASÐmIT an:! any repair thereof. 'lhe foregoi.rq is subject to the follc:JWi.n; express coniitions: 'lhe Grantee agrees to restore the ground surface an:! any improvements thereon to its original grade or coniition insofar as it is practicable an:! reasonable to do so. IN wrrnESS WHEmX>F, said parties have executed this Grant of Easement this 1~ day of A')(s ,1991-_" Q"~0~.. . Parviz I. -}II' Ir ~ (Notary acknow'ledgment to be attached.) AII·Purpose Acknowledgement GRANT OF EASEM;:NT FOR PUBLIC UTILITIES State of California County of Santa Clara On 8/4/94 , before me, } Brian C. UPton. l\ht-...TV 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 within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. <!nd and official seal. c.~ @"OFFICIALSEAL : ....., BRIAN C. UPTON , NOTARY PUBUG-CAL.IFORNIA , , PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA 'MY Comm"sion E,pire, Aug, 4. 1995 5-0260 (Rev, 4194) I Urian Kangas Foulk August 19, 1993 BKF Job No. 910309,10 fXH1B\T A ConsulungEngmeers PUBLIC UTILITY EASEMENT OVER A PORTION OF LOTS 36, 37, 38, & 38'0 P,,,. A,,"", Redwood City. CA 94063 415/365·0412 FAX 415/365·1260 SITUATE in the City of Cupertino, County of Santa Clara, State of California and described as follows: BEING a portion of Lots 36, 37, 38 and 39 as said lots are shown on the Survey filed 1>,'r-'!.",¡:"~r I~. 1993 in Book (,5L of Maps at Page /1 Clara County Records, more particularly described as follows: Record of . Santa BEGINNING at a point distant South 39° 12' 11" East 10.05 from the southeasterly line of said Lot 36 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,OO-foot wide right-of-way); THENCE, leaving said POINT OF BEGINNING, North 39° 12' 11" West 50.22 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 33° 35' 19" West for 495,00 feet, along an arc length of65.96 feet and through a central angle of 07° 38' 07" , to a point of compound curvature; thence, (2) northeasterly along a curve to the left, whose radius point bears North 41° 13' 26" West for 20.00 feet, along an arc length of 12.33 feet and through a central angle of 35° 19' 02" , to a point of reverse curvature; thence, (3) northeasterly, southeasterly and southwesterly along a curve to the right, whose radius point bears South 76° 32' 28" East for 34.00 feet, along an arc length of 146.60 feet and through a central angle of 247" 02' 36" , to a point of reverse curvature; thence, EXHIBIT "A" 910309,7 Page 1 of 2 Professional Services Since 1915 Public Utility Easement over a Portion of Lots 36, 37, 38 & 39 August 19, 1993 Page 2 (4) southwesterly along a curve to the left, whose radius point bears South 09° 29' 52" East for 20.00 feet, along an arc length of 11.17 feet and through a central angle of 32° 00' 44" , to a point of reverse curvature; and thence, (5) southwesterly along a curve to the right, whose radius point bears North 41 ° 30' 36" West for 545.00 feet, along an arc length of 70.44 feet and through a central angle of 07° 24' 18" returning to the POINT OF BEGINNING and CONTAINING 7,013 square feet of land more or less. Q,IIR et.CV(~ ,w.c.-.c 01" \<"->1 A plat showing the above-described easement is attached hereto and made a part hereof as Exhibit "B". This description was prepared by: Dated: By: PK:pw 910309,7 EXHIBIT "A" Page 2 of 2 )\ , ~ I / /~ ________________________1_ STEVENS CANYON ROAD t \- 36 ¡,:,..,p ,,'f' ~ X H :D :Þ X o Z -I "'I :D o :Þ o 1 I I I I I I ~ z I I ~~ OJ I \ in- oq , I '" Ñ I \ i\, ",-315°19'02" IJ1 . '" R-20.00 0'" I I:z: L-12.33 \ .... I ~:È I [,-7°38'07" ....- \ R-495.00 .. / _- I r------ " ,_,_ .1~~~ _ - - , , \' P.O.B. 10.0" _ , \ --....--- ¡..."-! \ I k:Jf!Í .~~ I \ \ [,-7°24'18' \ \ ' ",-32°00'44' \ 39 \ I R-20.00 , \ I L-U.17 M17S 10 R. 1494 \ I 38 I \ I /-1' -, -- -- "- \ \------- ~', \ LOT 37 LINE ADJUSTMENT ....." ",-247°02'36" "- \..---' R-34. 00 \ I L-146.60 I J (TOTAL) I '/ PUBLIC UTILITY EASEMENT 7,013 S.F. I / I - / 1- - - - - - - - - "....1_ _ ,,/ EXISTING LOT I MERGER LOT LINE I 20' 20' ~ FUTURE I I I R.O.H. LINEM200 10.R. I I 00' 41 ) ,-.,-5. / I C-_10.00' _ _ _ / I 40 1912 __ -_ ì /, U(k\\\%\1 W PUBLIC UTILITY EASEMENT OVER PORTION OF LOTS 36,3~38&39 CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA EXHIBIT "5" SRIAN KANGAS FOULK Oate: 6/14/93 Scale: 1" '50' CONSlLTING ENGINEERS By: A,F ,M, Sheet 1 540 PRICE AVENUE REDWOOD CIT~ CALIf. 94063 TELEPHONE (415) 365-0412 Pro, .No. A-910309.10 NPLOTM PLAT FOR OESCAIPTIONS_ - 354 (0, 12] PF: 910309 5409 15-Jun-93 08: 58 AM I 910309,10-E