CC Resolution No. 05-133
RESOLUTION NO. 05-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ACCEPTING A DIRECTOR'S DEED OF REAL
PROPERTY FROM THE STATE OF CALIFORNIA, APN 362-31-004
LOCATED AT THE SOUTH EASTERN END OF CLEO AVENUE
ADJACENT TO HIGHWAY 85 IN THE CITY OF CUPERTINO
WHEREAS, the City has approved the acquisition of real property from the State
of California Department of Transportation, APN 362-31-004, located at the south
eastern end of Cleo Avenue adjacent to Highway 85; and
WHEREAS, the State of California Department of Transportation has executed a
Director's Deed which is in good and sufficient form granting to the City of Cupertino,
County of Santa Clara, State of California, the fee title to that certain real property to be
utilized for public purposes, situated in the City of Cupertino and more particularly
described in Exhibit A, attached hereto and made a part hereof, located at the south
eastern end of Cleo Avenue adjacent to Highway 85 in the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the Certificate of Acceptance of the property on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 16th day of August 2005, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
. ·~ti
Ci~
ATTEST:
Nwnber
DD-020832-0 1-0 1
EXlllBIT "A" ,
A portion of Cleo Avenue (46.48 feet wide) as described in PARCEL 1 in the
Relinquishment No. 40230 to the City of San Jose recorded January 28,1970 in Book 8813,
Page 14, Official Records of Santa Clara County and portions of those parcels of land described
in the deeds to the State of California recorded as follows:
State Deed No.
20832
20833
20834
Recording Date
OS/28/1959
. 10/14/1958
08/03/1959
Volume
4432
4199
4500
Page
25
471
526
all of Official Records of Santa Clara County, more particularly described as follows:
COMMENCING at the Southeasterly terminus of that certain course described as
"S. 35°23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-0l recorded February 13,
1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence
along the Southeasterly prolongation of said course, South 35°23'09" East, 186.58 feet; thence
South 72°21 '32" East, 43.63 feet; thence South 37°21' 17" East, 17.39 feet to the Southerly line
of said parcel (State Deed No. 20832); thence along last said line and the Southerly lines of said
parcels (State Deed No. 20833 and 20834), North 89°08'42" West, 167.63 feet to the Westerly
line of said parcel (State Deed No. 20834); thence along last said line and its Northerly
prolongation, North 00°51 '10" East, 145.05 feet; thence North 47°16'03" West, 16.28 feet to the
curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to
the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783,
Official Records of Santa Clara County; thence along said curve, from a tangent that bears
North 29°44'22" East, along a curve to the left with a radius of 30.13 feet, through a central
angle of 40°54' 55", an arc length of 21.52 feet to the general Southerly line of that parcel ofland
described in said Director's Deed; thence along last said line, South 89°08'42" East, 13.84 feet to
the Point of Commencement.
EXCEPTING THEREFROM that portion of the above-described parcel of land lying
within the bounds of said Cleo Avenue (46.48 feet wide).
CONTAINING 11,938 square feet, more or less.
ALSO, the State of California, acting by and through its Director of Transportation, does
hereby remise, release and quitclaim unto the hereinabove named grantee, all right, title and
interest in and to said exception to above described real property, lying within the bounds of said
Cleo Avenue (46.48 feet wide).
CONTAINING 1,275 square feet, more or less.
Number
DD-020832-0 I -0 I
-2-
There shall be no abutter's rights of access appurtenant to the above-described real
property in and to the adjacent State freeway.
RESERVING unto the State of California, its successors or assigns, an EASEMENT for
stOlID drain purposes with the right to construct, place, inspect, maintain, replace and remove
facilities consisting of stOlID drain lines, fixtures and appurtenances, together with the right of
ingress thereto or egress therefrom, upon, over, under, and across aU that real property described
as follows:
COMMENCING at the Southeasterly terminus of that certain course described as
"S. 35°23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13,
1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence
along the Southeasterly prolongation of said course, South 35°23'09" East, 186.58 feet; thence
South 72°21 '32" East, 43.63 feet; thence South 37°21 '17" East, 17.39 feet to the Southerly line
ofsaid parcel (State Deed No. 20832); thence along last said line, North 89°08'42" West,
19.09 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles
from the course described above with the length of 17.39 feet; thence along last said parallel line,
North 37°21'17" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly,
measured at right angles from the course described above with the length of 43.63 feet; thence
along last said parallel line, North 72°21'32" West, 43.91 feet to a line paraIlel with and distant
15.00 feet Southwesterly, measured at right angles from the course described above with the
length of 186.58 feet; thence along last said paraIlelline, North 35°23'09" West, 193.46 feet to
the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062
to the City of Cupertino recorded December 23,2004 under Recorder's Serial No. 18159783,
Official Records of Santa Clara County; thence along last said curve, from a tangent that bears
North 02°55' l1'~East, along a curve to the left with a radius of 30.13 feet, through a central
angle of 14°05'44", an arc length of 7.41 feet to the general Southerly line of that parcel of land
described in said Director's Deed; thence along last said line, South 89°08' 42" East, 13.84 feet to
the Point of Commencement.
CONTAINING 3,693 square feet, more or less.
The bearings and distances used in the above descriptions are on the California
Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000537 to obtain ground
level distances.
.,
Number
DD-020832-01-01
-3-
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Date
I/.s I :zooS
Signature
LiC~eyOr
Number
DD-020832-01.-01.
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by iaw and, in
particular, by the Streets and Highways Cede.
1'4. WITNESS m-uand and the seal of the Department of Transportation of the State of California, this
-z.. -- day of fl-r"'"'ï 20 c? .
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
~
~N
DI ation
By ,.
R. A. MACPHERSON
Attorney in Fact
Deputy District Director - Right of Way
A.TTORNEY
DEPARTMENT OF TRANSPORTA.TION
\
\ )
'-'
STATE OF CALIFORNIA
County of ~
On this the !:/!i day of -':Ju~
R. Æ. 11I"@C'~Qf-?\(')Ñ
} 55
PERSONAL ACKNOWLEDGMENT
20 ..oS. . before me,
SU.NNI~ S'~1uN, AJo~ßJ1Ù::
Name. Tille of Officer-E.G., "Jane Doe, Notary ubfic"
personally appeared
Name of Signer
o personally known \0 me
;81.. proved to me on the basis of satisfactory evidence.
~be the person whose name Is subscribed to the within Instrument and acknowledged \0 me that lheìshe executed the same in -
~eT authorized capacity, and !hat by @'her signature on the instrument the person, ~ty upon behelf of which the person
acted, executed the ins1Tument
}------..-----~
. SUNNIESTANTON
_ Commission II' 1341873 z
~ Notar' Public - Califi>mla ~
'¡a"r¡~d.a County
MyCr,nrr. Expi"",Jan31,2006
(fornotarysealorstarrp)
THIS IS TO CERTIFY that the California Transportation
Commission has authorized the Director of Transportation
to execute the' foregoing deed at its meeting regularly called
and held on the 14th day of July 2005, in the City of
San Diego.
Dated this 18th day of July 2005.
¿)¡w ~..£ dbY<
DIANE C. EIDAM, Executive Director
CALIFORNIA TRANSPORTATION COMMISSION
Form RW S-I(S) (Revised 02105)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Director's Deed
by the State of California, Department of Transportation, dated July 18, 2005 ,
to the City of Cupertino, grantee, a governmental agency (under Government
Code Section 27281), is hereby accepted by the undersigned officer on behalf
of the Grantee, pursuant to authority conferred by resolution of the City
Council on August 16.2005.
GRANTEE: f
C;ty)J:"4'0'
By:· )/;JcJ~~ /1
Title: City Manager q
Authorized Representative
Date: August 17. 2005