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E-612 Temp Easement, Kwon Wong Shaikh (Space above this line for recorder's use) TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement ("Agreement") is dated for identification this 13th day of May, 2008 and is made by and between the City oi' Cupertino, a municipal corporation of the State of California, whose address is 10300 Torre avenue, Cupertino, California, 95014, hereinafter called "City", and Kwon Wong Shaikh., Trustee of the Trust of Kwon Wong Shaikh, dated November 16, 2001, hereinafter called "Owner." RECITALS A. Owner is the Owner of certain real propert~r located in the City, located at 10371 Riviera Road, Cupertino, California ("Property"), as identified in the Record of Survey filed February 18, 1988 with the County Recorder in Book 583 Page 29, and as currently identified by Assessor's Parcel Number 35'7-08-023, and as described on attached Exhibit A. B. City is the owner of certain real property ("Blackberry Farm") located at 21975 San Fernando Avenue, Cupertino, California, commonly known as Blackberry Farm, as currently identified by Assessor's Parcel Numbers 357-10-007, 357-10-008, 357-08-020 and 357-12-001, and as described on attached Exhibit B. C. City has undertaken the Stevens Creek Corridor Park and Creek Restoration project ("Project"). City desires to acquire a temporary easement over and across a portion of the Property for purposes of constructing Project improvements, together with rights of access across, to and from such construction area. Owner is willing to grant such a temporary easement on the terms and conditions contained in this Agreement. The location and limits of the temporary easem~:nt are as further described on attached Exhibit C and shown on attached Exhibit D. EASEMENT Now, therefore, in consideration of the facts set forth in the recitals above and other good and valuable consideration, the parties agree as follow:: 1. Grant of Temporary Easement. Owner grants to City, subject to the terms and conditions herein contained, and without w~irranty express or implied, a temporary non- exclusive easement ("Temporary Easement") burdening "Property" (Exhibit A) for the purposes set forth herein over that specific portion of the Property labeled as "Temporary Construction Easement Area" and so designated on Exhibit D. 2. Character of Easement. This Temporary basement is an affirmative non-exclusive easement benefitting "Blackberry Farm" (Exxhibit B). Owner retains the right to use the Temporary Construction Easement Area provided that such use does not interfere unreasonably with the City's use of the Temporary Easement, as defined herein. 3. Description of Easement. The Temporary Easement is an easement for the purpose of constructing those improvements reasonable necessary for the Project ("Improvements"), related activities of construction staging, and construction of the creek restoration as described below. The Improvements may include, but are not limited to, grading realignment of the creek channel, associated earthwork, installation of drainage facilities, installation of plantings, access control fencing, and maintenance of the Improvements. 4. Term of Agreement. The Temporary Easement shall commence upon recordation of this Agreement and shall automatically expire, without any affirmative action, one year following acceptance of the Project by the City Council of the City of Cupertino. Upon expiration of this Agreement, City will cause to be recorded with the County Recorder of Santa Clara County a quit claim deed recom~eying this easement to Owner. 5. Maintenance of Easement. City shall be r~:sponsible for the cost of maintaining the Temporary Easement Area during its use under the term of this Agreement. Any damage to improvements within the Temporary Construction Easement Area or on Owner's Property resulting from City's use of the Temporary Easement or construction of the Improvements shall be promptly repaired b}~ City, at City's expense, in a good and workmanlike manner. 6. Acceptance of Improvements and Releasf~ of All Claims. Owner may review the Improvements that are constructed within the Temporary Construction Easement Area and may receive copies of any tests, reports and other public records prepared by City relating to construction of the Improvements. Upon expiration of the Temporary Easement as described in Paragraph 4, Owner hereby accepts the Improvements releases any and all claims against the City made as a result of the construction of the Improvements and will indemnify, defend and hold the City harmle;>s from any and all claims of third parties regarding the Improvements. This Section fi survives the expiration of the Agreement. 7. Hours of Work. City agrees and covenants that use of the Temporary Construction Easement Area, and construction of the Improvements thereon, will be limited to the period from 7:00 a.m. to 5:00 p.m., Monday through Friday. Emergency work, if required, will be authorized by the Director of Public Works ~~r his designated representative and will be allowed at any time. 8. Entire Agreement. This Agreement constitutes the entire agreement between Owner and City relating to the Temporary Easement. A.ny other prior agreements, promises, or representations not expressly set forth or refi°rred to in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Owner and City. 9. Disputes. If a dispute arises out of or relate~~ to this Agreement, or the performance or breach thereof, the parties agree first to parti~~ipate in nonbinding mediation in order to resolve the dispute. 10. Binding Effect. This Agreement and the covenants and conditions contained herein, shall be construed to be a benefit and a burden upon the Property, shall run with the Property and shall be binding on and shall inure to the benefit of the heirs, executors, successors and assigns of Owner and City. 11. Governing Law. This Agreement shall be governed by the laws of the State of California. 12. Payment of Fees. City shall pay any documentary transfer tax, recording fees and any other costs or expenses attributable to the cre-ation and grant of the Temporary Easement. 13. Recordation. Upon execution by the parties, this Agreement shall be recorded with the County Recorder of Santa Clara County. In witness whereof, the parties have executed this Agreement as of the date first written above. Owner: 1 c~ ~ ,; J Kwo ong Shaikh ~~ 1 71 'viera Road unertin ,California 95014 City of Cupertino: `~-dL..d C.~Q t~ u lit s Ralph A. Qualls, Jr. Director of Public Works Approved as to Form: ,/ ~~' ~` / ,~ G % - -- Charles Kilian (Notarization) Attest: City Clerk Kimberly Smi City Clerk City Attorney CALIFORNIA ALL-PURPOSE ACKNOINLEDGMENT State of California County of ~~~~~~ C-~~~~i On ~ ~ ~ t ~~ ~ before me, ~U1~~11 ~~ I'~1~ ~ - ~~v^ w~ , ~~ ~1/r,~, ~ ~ ~ C , Date Here Insert Name and Title f the Officer i ~ personally appeared lrU~ -~l (~~ ~ ~ ~hq ~ ~~ - N~rn (sl of Sianerlsl who proved to me on the basis of satisfactory evidence to be the person('whose name(,aj' is/are-subscribed to the within instrument and acknowledged to me that lae/slte/#kiey executed the same in ~s/her/their authorized ~ capacity(;ss} and that by kais/her/tk~eir-signature(s~-on the _ ~ t`t~ instrument the person(s~, or the entity upon behalf of INoloi~lh~c-CaMatio ~ which the persons}acted, executed the instrument. laMa Cleo CourUll uAyc°mm•~Ir~NOV9' I certify under PENALTY OF PERJURY under the laws of thf~ State of California that the foregoing paragraph is true .end correct. WITPJESS my hand and official seal. Signature ~ -~1~.'tili'7 Place Notary Seal Above Signature of Notary Public OPTION<I L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ' ' /~ ~ ~ ~ ~ - ` ' Ct / Title or Type of Document: Tee ~G~ 1 ~l CC~ V ~,+/~~-/~ - T ~~~ ~~ 1 ~ c D D f tiv ocument ate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ~>igner's Name: ^ Individual ^ Individual ^ Corporate Officer -Title(s): ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Partner - ^ Limited ^ General - ^ Attorney in Fact ^ Attorney in Fact • ^ Trustee Top of thumb here ~~ TrUStee Top of thumb here ^ Guardian or Conservator ^ Guardian or Conservator ^ Other: ^ Other: Signer Is Representing: ~;igner Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91 313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California County of fan-I-c~ ~~ C~1~'~'~ On .~U~'1sL ~ ~~C~~I~ before me, [~1'r2r1 ~'-t'~r'~ - ~-,~' t/i l~t}~~ar~ ~u b`ctC Date ~ Here Insert Name and Title of the O icer personally appeared k~~ ~ IfMEN t~NA~D•GU N ComniMon ~ 161 d~49 Notary n~ - CaMon+~a laMo Cbo Coady lNy Colmm. EMp1N~ Nov 9. ZO who proved to me on the basis of satisfactory evidence to be the person(,a'~whose name(,s~'is/atesubscribed to the within instrument and acknowledged to me that he/sk-eJ~ey executed the same in his/I~e+rftFieir-authorized capacity(aes), and that by his/faer~e+~-signatures}-on the instrument the person(, or the entity upon behalf of which the person(s}-acted, executed the instrument. I cer~:ify under PENALTY OF PERJURY under the laws of thf3 State of California that the foregoing paragraph is true i~nd correct. WIT~JESS my hand and official sell, Signatur~C~ ~ Place Notary Seal Above Signature of Notary Public OPTION~I L Though the information below is net required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachr~ent of this form to another document. Description of Attached Document Title or Type of Document: TAM ~~~~~ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ TfUStee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: ~. Number of Pages: ~tigner's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact Trustee [_] Guardian or Conservator ^ Other: ~~igner Is Representing Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91;113-2402 • www.NationalNotary.org Item k5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A THE LAND REi=ERREQ TO HEREIN BELOW IS STIUATED IN THE CIT! 4F CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOW5: Parcel One: Lot Z9, as shown on that certain Map entitled, "Map of Monte Yista Park", vrhich Map was filed far record in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "f" of Maps, at page 19. Parcel Two: Aii that certain real property situated within City of Cupertino, Santa Clara County, California, being a portion of Riviera Raad as said road is shown on "Map of Monta Vista Park°, fjled for record in Book "F" of Maps, at page 19, Santa Cara County Records, described as follows: 1) On the North, bounded by the Easterly extension of the Northerly line of Lot 29 of said Monta Park. 2) Ortithe Sautfi, bounded by the Easterly extension of the Southerly fine of said tot 29. 3) on the West, bounded by the Easterly and Northeasterly line of said tot, and 4) Qn the East, by the Easterly line of said Riviera Road. Parcel Three; A private easement for road purposes in favor of all the owners of Pots as shown upon that certain Map entitled, "Map of Monta Vista Park", which Map was filed for record in the office of the Recorder of the County of Santa Clara, on April 11, 1917 in Book °P" of Maps, page 19, Said easement having been granted by Superior Court Judgment, Case No. iQ6i55 a certified copy of which was recorded April 8, 1968 in Book 8081, page 737, Santa Clara County Offrclal Records, said easeri~ent being described as follows: _: That Riviera Avenue running Northerly from Palm AverSi:e to the North line of tot 3Z. EXHIIBIT B LEGAL DE;SCRIPTIOiV Real properly in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL TWO: ALL THAT REAL PROPERTY SITUATE IN SECTION 15, TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE MOUNT DIABLO BASE LINE AND MERIDIAN, CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHER_Y RIGHT-OF-WAY LINE OF STEVENS CREEK BOULEVARD AS ESTABLISHED BY RECORD OF SURVEY RECORDED IN_ 800K 469 OF MAPS, AT PAGE 57, OFFICIAL RECORDS, OF SANTA C!.ARA COUNTY AND AS SHOWN ON PLAN LINE MAP RECORDED IN BOOK 7 OF PLAN LINE MAPS, PAGES 113 TO 121, SANTA CLARA COUNTY RECORDS WHICH BEARS SOUTH 89° 48' 00" WESTA DISTANCE OF 260.77 FEET AND NORTH 12° 30' 23" EAST A DISTANCE OF 5.19 FEE" FROM THE INTERSECTION OF BYRNE AVENUE AND OLD STEVENS CREEK BOULEVARD AS SHOWN ON THE MAP OF TRACT N0. 150, "STEVENS CREEK SUBDIVISION MAP hIO. 2", RECORDED IN BOOK 5 OF MAPS, PAGES 4 AND 5, SANTA CLARA COUNTY RECORDS; THENCE SOUTH 12° 30' 23" WEST, ON THE WESTERLY LINE OF 'TRACT N0. 6574", RECORDED IN BOOK 493 OF MAPS, PAGES 34 AND 35, SANTA CLARA COUNTY RECORDS, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 302.26 FEET TO THE SOIJTHWEST CORNER THEREOF AND THE NORTHWEST CORNER OF SAID TRACT NO. 150; THENCE ON THE WESTERLY LINE OF SAID TRACT NO. 150 THE FOLLOWING 11 COURSES; 1. SOUTH 03° 02' S8" EAST A DISTANCE OF 101.84 FEET; Z. 50UTH 06° 43' 32" WEST A DISTANCE OF 126.15 FEET; 3. SOUTH 15° (}3' S2" EAST A DISTANCE OF 95.55 FEET; 4. SOUTH 01° 32' 17" EAST A DISTANCE OF 92.26 FEET; 5. SOUTH 06° 17' S3" EAST A DISTANCE OF 48.91 FEET; 6. SOUTH Z8° 55' S3" EAST A DISTANCE OF 141.02 FEET; 7. SOUTH 04° 26' 48" EAS T A DISTANCE OF 139.85 FEET; 8. SOU"I"Fi 03° 13' S6" WEST A DISTANCE OF 109.72. FEET; 9. SOUTH OS° 29` 30" EAST A DISTANCE OF 101.56 FEEI"; 10. SOUTH 46° 15' 30" EAR A DISTANCE OF 48.95 FEEi'; 1i. 50UTH 00° t}0' 00" EAST A DISTANCE OF 473.35 FEET TO A POINT ON THE NORTHERLY LINE OF SAN F=RNANDO AVENUE; THENCE SOUTH 57° 30' 00" WEST, ON SAID NORTHERLY [1NE, A DISTANCE OF 165.89 FEET TD THE NORTHEAST CORNER OF LOT 59 OF TRACT N0. 211, "STEVENS CREEK SUBDMSION MAP NO. 4" AS RECORDED IN VOLUME 7 OF MAPS, PAGE 31, SANTA CLARA COUNTY RECORDS; THENCE SOUTH 00° 10' S8" WEST, ON THE EAST LINE OF SAID LOT 59, A DISTANCE OF 30.00 FEET; THENCE SOUTH 6'9° 09' Sf" WEST A DISTANCE OF 124.89 FEEF TO THE NORTHWEST CORNER OF SAID LOT 59; THENCE SOUTH 83° 09' 00" WEST, ON THE NORTHERLY LINE OF SAID TRACT NO. 211, A DISTANCE OF 239.08 FEET TO THE MOST EASTERLY CORNER OF PARCEL "B" AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN BOOK 146 OF MAPS, PAGE 56, SANTA CLARA COUNTY RECORDS; THENCE ON THE NORTHERLY, WESTERLY AND SOUTHERLY LINES OF SAID PARCEL "B" THE FOLLOWING 7 COURSES: i. NORTH 76° 49' 03" WEST A DISTANCE OF 86.30 FEET; 2. SOUTH 79° 14' S1" WEST A DISTANCE OF 30.17 FEET; 3. SOUTH b0° 29' S1" WEST A DISTANCE OF 60.00 FEET; 4. SOUTH 40° ~~4' 21" WEST A DISTANCE OF 19.99 FEET; 5. SOUTH 12° 19' 43" FAST A DISTANCE OF 50.82 Ff_ET; 6. SOUTH 39° 06' 00" EAST A DISTANCE OF 72.31 FEET; 7. NORTH 55° 54' 00" EAST A DISTANCE OF 43.18 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF LOT 46 OF SAID TRACT NO. 211; THENCE ON THE SOUTHWESTERLY L.iNE OF SAID TRACT NO. 211 THE FOLLOWING 4 COURSES; i. SOUTH 36° 42' 00" EAST A DISTANCE OF 34.45 FEET; 2. SOUTH 33° 31' 00" EAST A DISTANCE OF 93.06 FEET; 3. SOUTH 30° 31' 00" EAST A DISTANCE OF 79.45 FEET; 4. SOUTH 45° 33' 00" EAST A DISTANCE OF 169.70 FEET TO THE NORTF-lWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK K982 OF OFFICIAL RECORDS, PAGE 1197, RECORDS OF SANTA CLARA COUNTY; THENCE SOUTH 11° 38' 08" EAST, ON THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 61.20 FEET TO THE NORTH'EST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 2366 OF OFFICIAL RECORDS, PAGE 499, RECORDS OF SANTA CLARA COUNTY; THENCE SOUTH 24° 04' 30" EAST, ON THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 92.58 FEET; THENCE SOUTH 12° 51' 30" WEST, CONTINUING ON SAID WESTERLY LINE, A DISTANCE OF 172.35 FEET TO A POINT ON THE NORTH LINE OF TRACT NO. 5362 AS RECORDED IN BOOK 323 OF MAPS, PAGE 41, SANTA CLARA COUNTY RECORDS; THENCE NORTH 90° 00' 00" WEST, ON THE NORTH LINE OF SAID TRACT NO. 5362 AND ON THE NORTH LINE OF LOT "Z" OF THE MAP OF "COLONY TRACT MONTA VISTA" AS RECORDED IN BOOK "P" OF MAPS, PAGE 21, SANTA CIARA COUNTY RECORDS, A DISTANCE OF 32$.67 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "A" OF TRAC t NO. 5873, "THE 5YCAMORES" AS RECORDED IN BOOK 383 OF MAPS, PAGES 51 AND 52, SANTA CLARA COUNTY RECORDS; THENCE ON THE EASTERLY AND NORTHERLY LINES O,F SAID PARCEL "A" THE FOLLOWING 3 COURSES: 1. NORTH 02° 4~f' 11" EAST A DISTANCE OF 206.97 FEET; 2. NORTH 20° 25' 11" EAST A DISTANCE OF 153.50 FEET; 3. NORTH 58° 17' 31" WEST A DISTANCE OF 708.51 FEET TO A POINT ON THE WESTERLY LINE OF LOT "C" OF THE "MAP OF MONTA VISTA PARK" AS RECORDED IN BOOK "P" OF MAPS, PAGE 19, RECORDS OF SANTA CLARA COUNTY; THENCE ON THE WESTERLY AND NORTHERLY LINES OF SAID LOT "C" THE FOLLOWING 7 COURSES: 1. NORTH 00° 10' 31" WEST A CISTANCE OF 31.54 FEET; 2. NORTH 18° 18' 25" EAST A DISTANCE OF 124.23 FEET; 3. NOF:TH 44° 48' 25" EAST A DISTANCE OF 123.86 FEET; 4. NORTH 38° 03' 25" EAST A DISTANCE OF 79.23 FEET; 5. NORTH 08° 03' 25" EAST A DISTANCE OF 137.94 FEET; 5. NORTH 13° ii' 35" WEST A DISTANCE OF 82.00 FEET; 7. NORTH 76° 48' 25" EAST A DISTANCE OF 10.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID MONTA VISTA PARK; THENCE NORTH 13° 11' 35" WEST, ON SAID EASTERLY LINE, A DISTANCE OF 70.56 FEET; THENCE NORTH 4b° 48' 00" EAST, CONTINUING ON SAID EASTERLY LINE, A DISTANCE OF 206.74 FEET TO THE MOST :iOUTHERLY SOUTHEAST CORNER OF TRACT NO. 5915, 'THE MEADOWS OF CUPERTINO" AS RECORDED IN BOOK 384 OF MAPS, PAGES 18 AND 19, SANTA CLARA COUNTY RECORDS; THENCE NORTH 49° 03' 05" FAST, ON THE SOUTHEASTERLY LINE OF SAID TRACT NO. 5915, A DISTANCE OF 178.14 FEET; THENCE NORTH 52° 45' 45" EAST, CONTINUING OhI SAID SOU T t-IEASTERLY LINE, A DISTANCE OF 139.19 FEET TO THE MOST SOUTHERLY C{)RNER OF THAT PARCEL OF LAND DESCRIBED~IN BOOK "I" 410 OF OFFICIAL RECORDS, PAG; 635, SANTA CLARA COUNTY RECORDS; THENCE ON THE EASTERLY LINE OF SAID PARCEL 1~-lE FOLLOWING 7 COURSES; 1. NORTH 37° 07' 43" EAST A DISTANCE OF 107.38 FEET; 2. NORTH 25° 37' 43" EAST A DISTANCE OF 54.12 FEET; 3. NORTH 36° 37' 43" EAST A DISTANCE OF 199.32 FEET; 4. NORTH 24° 37' 43" EAST A DISTANCE OF 80.26 FEET; 5. NORTH 04° 45' 43" EAST A DISTANCE OF 231.66 FEET; 6. NORTH 02° 59' 17" WEST A DISTANCE OF 122.10 FEET; 7. NORTH 44° 22' 17' WEST A DISTANCE OF 13b.68 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK G295 OF OFFICIAL RECORDS, PAGE 548, RECORDS OF SANTA CLARA COUNTY; THENCE . ON THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING 3 COURSES: i. NORTH 64° 50' 30" EAST A DISTANCE OF 77.87 FEET; 2. NORTH 07° 28' 30" EAST A DISTANCE OF 119.78 FEET; 3. NORTH 00° 11' 00" WEST A DISTANCE OF 32.97 FEET TO THE AFOREMENTIONED SOUTHERLY RIGHT-0F-WAY LINE OF STEVENS CREEK BOULEVARD; THENCE NORTH 89° 49' 00" EAST, ON SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 261.54 FEET; THENCE NORTH 86° 53' 46" EAST, CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 40.58 FEET TO 7HE POINT OF BEGINNING OF T7-1IS DESCRIPTION. EXCEPTING THEREFROM: PARCEL "A" AS ;KNOWN ON THAT RECORD OF SURVEY RECORDED IN BOOK 148 OF MAPS, PAGE 58, RECORDS OF SANTA CLARA COUNTY, DESCRIBED A5 FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 83° 09' 00" EAST A DISTANCE OF 28.12 FEET AND NORTH 06° 51' 00" WEST A DISTANCE OF 37.16 FEET FROM THE NORTHWEST CORNER OF LOT 49 OF TRACT NO. 211, "STEVENS CREEK SUBDMSION MAP NO. 4" AS RECORDED IN VOLUME 7 OF MAPS, PAGE 31, RECORDS t)F SANTA CLARA COUNTY; THENCE NORTH 10° 04' 00" WEST A DISTANCE OF 97.98 FEET; THENCE NORTH 61° 48' 00" EAST A DISTANCE OF 77.12 FEET; THENCE SOUTH 70° 14' 00" EAST A DISTANCE OF 71.22 FEET; THENCE SOUTH 03° 13' 00" EAST A DISTANCE OF 94.18 FEET; THt=NCE 50UTH 83° 09` 00" WEST A DISTANCE OF 124.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. March 7, 2008 Job No. A03 i 41-9 Page 1 of 2 EXHIBIiT C LEGAL, DESCRIPTION Temporary Construction Easement Ali that certain real property lying within the City ~of Cupertino, County of Santa Clara, State of California and being a portion of Parcel "Two" asdescribed in that certain Grant Deed recorded June 18, 2007 and shov~m as Deed Parcel "B" on tl:~at certain Record of Survey filed for record on February 18, 1988 in Book 583 of Maps at page 29, Santa CIara County Records, described as follows: Commencing at the northeast comer of Lot 29 as shown on that certain Map of "Montana V ista Park" filed for record in Book P of Maps at page l 9, Santa Clara County Records, said comer also being the northwest corner of said Deed Parcel "B" as shown on said Record of Survey; Thence North 89°52' 18" East, 10.50 feet along the northerly line of said Deed Parcel "B" to the Point of Beginning; Thence leaving said northerly line South 6°25' 19" East, 77.24 feet; Thence South 11°46'31" East 23.78 feet to a point on the southerly line of said Deed Parcel "B"; Thence North 83°52' 18" East, 16.50 feet along said southerly line to the southeast corner of said Deed Parcel "II"; Thence North 0°07'42" West, 100.12 feet along the easterly line of said Deed Parcel "B" to the northeast corner thereof; T'herce South 89°52'18" West, 29.50 feet along said northerly line of said Deed Parcel "B" to the Point of Beginning. Said Temporary Construction Easement contains ~ 378 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date ~ l o o~ ~ ll Jimir~ R. Vigil, L.S. 256 ~~~,~ 1..1'. ~ rJ .~',r, T ,,~ ~~~ :~ cp~9T ~~~. 6~.~~0 ~~'`y ~~t7~ GAS-~°:%'~ I:IPROJECTS1A03141-9~DOCSILEGALSITCE.doc SCENIC B{3ULEYA~ID ~~~ LINE TABLE: LINE BEARING DISTANCE Ll S 89'52'18" W 44.40' L2 N 89'52'18° E 23.54' aa.t L3 N 89°52'18" E 10.54' :••• ? L4 5 89'52'18" W 29.50' ~ ~a L5 N 89°52'18" E 16.54' l6 S 11°06'31" E 23.78' y '~ , ~,_ .:t i~ 1 LET IC7 (383 r~ 52y RIVIERA ROAD _ ~-``, P~~RCE;:I_ "r;" (383 ~ti ;lp} ,' ~IVIER~ R4f~fJ V~;C~TED TEMPORARY CONSTRUCTION EASEMENT A'~EA~ 2378 ~ S.F. PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE MARCH, 2008 FOR: TEMPORARY CONSTR!lCTION EASEMENT SCALE ~, . 50` CUPERTINO CALIFORNIA QR' BY CSS/MWD EXHIBIT D ~, KIER & WRIGHT ~°~ Ao3141-9 i~~IL SHE C ENGINEERS & SURVEYORS, INC. ET No, 3350 Scott eouievard, Buliding 22 (408) 727 6665 t Cl lif S C i 95054 f 4 --yy OF an ara, a a orn a ax ( 08) 727 Sfi~ t G N 40°47'42" W 104.12' LeT z~ (P 1~1I 19} ~ 41=ED I'GL "~° (:i83 in 29} ~ ~~N tb ~~fV t'V ~'~ t! 7 01 N ~ :'~''p U N ~,C tb r Q .~.. pip ~ to o- ~ ~ POINT OF w ,,, COMMENCEMENT w O N 04'47'42" _w_ 1 ao.l r ~6 -~"' ~ ~. ~~. POINT OF 7 .24 ~~ , -~ •.. ~~~ ~•• \ e)= J BEGINNING ~~ N 4' 7'42" .144.12 ~