09. Grant of Easement 19770 Stevens Creek Blvd.RESOLUTIOI`J N0.09-201
DRgFi
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOIE SIDEWALK PURPOSES, EVERSHINE
VI, L.P., A CALIFORNIA LIMITED PARTNERSHIP, 19770 STEVENS CREEK
BOULEVARD, APN 369-06-009
WHEREAS, Evershine VI, L.P., a California Limited Partnership, has executed a
Grant of Easement for Sidewalk Purposes, which is in good and sufficient form, granting
the City of Cupertino, County of Santa Clara, State of California, easement over certain
property for sidewalk purposes situate at 197'; 0 Stevens Creek Boulevard, APN 369-06-
009, more particularly described in Exhibit "A", attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOL~TED, 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 and this resolution.
PASSED AND ADOPTED at a speciall meeting of the City Council of the City of
Cupertino this 15th day of December, 2009, by the following vote:
Vote Members of the !~~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
9-1
GRANT OF EASEMENT
FOR SIDEWALK PURPOSES
APN: 369-06-009
Evershine VI,L L.P., A California LimitedPartnership, hereinafter called Grantor,
hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called
Grantee, the right to use for sidewalk and public access purposes the hereinafter described
property which is situate in the City of Cupertino, County of Santa Clara, State of California, and
described as follows:
(See Exhibit A)
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for the purpose of accessing
said Sidewalk Easement for the purpose of doing any necessary or lawful act in connection with
the use of said Easement.
IN WITNESS WHEREOF, executed this day of,y`009.
OWNER:
yciw/Z.LN ~--~~y/~~
Annie MH Chan, Managing Member
(Notary acknowledgment to be attached)
s-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '
County of SA N T14 C t, ~ r'2A~~ ~
On ~~ ~ 3 ~4~ jbefore me,
ate
:L
- - ..__...._..._ _.._ ..,.~ ~....a ~...~~.
personally appeared ~ N ~ ~ ~ . ~(~ (,' ~! { tt~
Name(s) of Signers
who pn~ved to me on the basis of satisfactory evidence to
be the person(s) whose name{s) is/are subscribed fo the
within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capacit?~{ies}, and that by his/her/their signature(s) on the
instrument the persons}, or the entity upon behalf of
which tl~e person(s) acted, executed the instrument.
ANTHpNY T, LEE
Commission # 1741794
I certify under PENALTY OF PERJURY under the laws
Z :-~e `Notary Public - California ~ of the :Mate of California that the foregoing paragraph is
santa tiara county
MyComm. E~iresA[x26, 2011 true anti correct.
WITN^SS my hand fficial seal.
~~ r
Si
Place Notary Seal Above gnature
Signature of N Public
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tit[e or Type of Document: ~~,f}'~7 0 ~ ~~i
Gt~s~H~1~7 ~8(Z S'J 17~~~}Lk f t~.RPoSES
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~ Signer's Name:
^ Individual ^ Individual
^ Corporate Officer -Title(s): ^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General _
~ ^ Psirtner - ^ Limited ^ General
^ Attorney in Fact ~ - _ _
^ Aiorney in Fact ~-
^ Trustee Top of thumb here ^ TrUStBe Top of thumb here
^ Guardian or Conservator ^ Guardian or Conservator
^ Other: D Other:
Signer Is Representing: Signl:r [s Representing:
®2007 Nattonel Notary Assoda8on •8350 DB Sob Ave„ P.O. Box 2402 •Chatsworth, CA 813t3-2~~• www NadonalNotaryorg Item 15907 peorder: CaR TothFree 1.800-878~B27
9-3
"EXHIBIT A"
LEGAL DESCRIPTION
SIDEWALK EASEMENT
ALL THAT REAL PROPERTY in the County of Santa Clara, State of California,
described as follows:
A portion of Parcel "C" as shown on that certain Parcel Map entitled "Parcel Map being a
portion of Lot 3 `Map of Craft Estate Partition' {L-M-28), which was filed for record in
the office of the Recorder of the County of Santa Clara, State of California on August 14,
1978 in Book 424 of Maps, at Pages 39 and 40, more particularly described as follows:
Commencing at the most northeasterly corner of said Parcel "C" also being a point on the
southerly right of way of Stevens Creek Boulevard as of October 21, 2009; thence
Westerly, South 89°36'00" West along the northerly line of said Parcel "C", 1.31 feet to
the Point of Beginning.
Said Point of Beginning is also the beginning of anon-tangent curve to the left, having a
radial line which bears South 12°14'20" East, having a radius of 11.42 feet,
Thence westerly along previously said non-tangent curve to the left, through a central
angle of 26°37'27", an arc length of 5.31 feet;
Thence South 51 °08' 14" West, 4.02 feet to the beginning of a tangent curve to the right .
having a radius of 7.00 feet;
Thence westerly along previously said tangent curve to the right, through a central angle
of 38°36'53", an arc length of 4.72 feet;
Thence South 89°45'06" West, 49.98 feet to the beginning of a tangent curve to the right
having a radius of 4.00 feet;
Thence westerly along previously said tangent curve to the right, through a central angle
of 31 °47'39", an arc length of 2.22 feet to a point of reverse curvature. Said point being
the beginning of a tangent curve to the left, having a radius of 6.00 feet;
Thence westerly along previously said tangent curve to the left, through a central angle of
31°49'46", an arc length of 3.33 feet;
Thence South 89°43'00" West, 59.33 feet to the beginning of a tangent curve to the Left
having a radius of 32.00 feet;
November I6, 2009 Page 1 of 3
F:~2006U061091LEGALS~,SIDEWALK EASEMENT.doc s ' 4
Thence westerly along previously said tangent curve to the left, through a central angle of
13°02'26", an arc length of 7.28 feet to a point of reverse curvature. Said point being the
beginning of a tangent curve to the right, having a radius of 45.00 feet;
Thence westerly along previously said tangent curve to the right, through a central angle
of 26°53'54", an arc length of 21.13 feet to a point of reverse curvature. Said point being
the beginning of a tangent curve to the left, having a radius of 27.00 feet;
Thence westerly along previously said tangenr. curve to the left, through a central angle of
14°07'06", an arc length of 6.65 feet;
Thence South 89°27'22" West, 40.61 feet to file beginning of a tangent curve to the left
having a radius of 23.00 feet;
Thence westerly along previously said tangenl: curve to the left, through a central angle of
15°20' S0", an arc length of 6.16 feet to a point of reverse curvature. Said point being the
beginning of a tangent curve to the right, havi~xg a radius of 20.00 feet;
Thence westerly along previously said tangent: curve to the right, through a central angle
of 28°21'21", an arc length of 9.90 feet to a point of reverse curvature. Said point being
the beginning of a tangent curve to the left, having a radius of 40.00 feet;
Thence westerly along previously said tangenl: curve to the left, through a central angle of
12°26' 15", an arc length of 8.68 feet;
Thence North 89°58'23" West, 3.90 feet to thc; beginning of a tangent curve to the left
having a radius of 55.00 feet;-
Thence westerly along previously said tangent: curve to the left, through a central angle of
12°27'24", an arc length of 11.96 feet to a point of reverse curvature. Said point being the
beginning of a tangent curve to the right, having a radius of 18.00 feet;
Thence westerly along previously said tangent. curve to the right, through a central angle
of 25°24' 10", an arc length of 7.98 feet to a pc-int of reverse curvature. Said point being
the beginning of a tangent curve to the left, having a radius of 35.00 feet;
Thence westerly along previously said tangent curve to the left, through a central angle of
13 °26' S 1 ", an arc length of 8.21 feet;
Thence South 89°31'31" West, 26.84 feet to file beginning of anon-tangent curve to the
right having a radial line which bears South 7 ~'°03'37" East, having a radius of 27.00
feet,
Thence northerly along the previously said non-tangent curve to the right, through a
central angle of 10°23' 19", an arc length of 4.!10 feet to the northerly line
November 16, 2009 Page 2 ~of 3
F:~2d06U061091LEGALSISIDEWALK EASEMENT.doc s - 5
of said Parcel "C", said line also being the southerly right of way of Stevens Creek
Boulevard;
Thence easterly along said northerly line, North 89°36'00" East, 283.81 feet more or less
to the point of beginning.
Containing 1,423+/- square feet.
L
//~~`~~ ~~,. Rd$~~ `9~~~
%~ 2 ~ o
'' ~ E~.12-31-10 ~ '°
No. 6395
November 16, 2009 Page 3 of 3
F:~2006V06109~L,EGALS~SIDEWALK EASEMENT.doc 9 - s
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 5.31' 11.42' 26'37'27"
C2 4.72' 7.00' 38'36'53"
C3 2,22' 4.00' 31'47'39"
C4 3.33' 6.00' 31'49'46"
C5 6.16' 23.00' 15'20'50"
C6 9.90' 20.00' 28'21'21"
C7 S.fiB' 40.00' 12'26'15"
C8 1 i .96' 55.00' 12'27'24„
C9 7.98' 18.00' 25'24'10°
Ci 0 8.21' 35.00' 13'26'51
C11 4.90' 27.00' 10'23'i9"
LINE TABLE
LINE LENGTH BEARING
L1 4.02' S51'08'14"W
L2 3.90' N89'S8'23"W
~~ ~ ~ ~ cn
~v
~I~. STEVENS ~~~
CREEK BLVD . ~ Se
~",
I~ s~ ~~
~~
Y'.
. r.:... ~ : ~r.C:LC3~ I POB
CRQ•dS'f1F"W ~-LI y~
~ +fri w ~ ~ ae : r A nr a. ~ ri iw ~ ~ e '~ ~ rr ~ ~ ~ ~ s rr
GRAPHIC. SCALE 4s'g$'
10 0 5 10 20
N ~ -
~ W { IN FEET )
W ~ Z 1 inch = 10 ft.
W a J
LEGEND
W
~ ~~ ~ POiNT OF BEGINNING POB
````~ WPOWT OF COMMENCEMENT POC
~~
ADJACENT
~~~`~-"-"-'------'~' PROPERTY LINE
~~.~ ~l~ ~U~>•~>II~ ~ ~~'t•,ix;~ :~..~~~~,, ,•t,=t:~~= ~~Iri:~f 1 ~j ~~~' M ATCHLI N E
~ a ~;.•O t;e.,l t~'i; gin. ' 3 f ~.~,;. .titi
-°°~- °~°° ~- PROPERTY LINE
_ _ _ SIDEWALK EASEMENT
~~ ~ .^ ,. ~ .^ ~ e BOUNDARY LINE
W
s
40 ~'
O~
PARCEL C o,
a
424 M 39-40
~~~~~~R b
~, ~~~vM o
° o~`'
4 ~ ~ CO U
~ ~~ o
~~s ~Nb~~
~~~~ ~
o~ Q,
0
~ p U ~ ~ ~
I II
r a
r ~ ~ ~ r
r m -~ Y Z a.
o v 3 .l~C ~
~ N C U ~ to
W m
~ s
~
O
~~~, U
~ ' U
aW ~ ~ ~ ~ °z
__
.
~
~
n
O ~
U
POC
. `~
°-~
Z ~ ~~
~ ~~
~y~~
0~~~~
~ ~ <"
0
3m~y~
o~z =~~
W W '~~
D Ni m ~
:~O'~~=
~~'~~~
SEE SHEET 3
_
_ K ~,
~, ~_~
.
,
.~., -
,
MATCHLINE ~;~'~
o v c~
~! o ~
o ~
o~ `
. V1
~~ r
fTl ~ -A N
`' Z
~ M
D Ui~ N t
D L JJ
-~
m ~ o
L ~
Z r,.i
~T v
~l
g
N
a
r
l ~
U;
t n
,c
D
II ~
o N ~, N
No ~
N Q -
~ ^.
< ~
H-
Cn LyJ
~ W
L
co
. ~
to ~
w o
o
~roxrx ~ i 1 \ ~1
SIDEWALK
EASEMENT
MATCHLINE
SEE SHEET 1
MARKETPLACE ~~~ 13-16-Os
UNDERWOOD & ~ s~aie 3"=10'
. ROSENBLUM
INC. ~~~~ Dwn by: CR
, BASEMENT
~ civil engineers and surveyors checked: Mcc
id
{~)ss9i2oi
~~(~a a} ~ ~zr~ A14F giro 3 X620-39780 STEVENS CREEK BLW. Job No. J06109
.
. CUPERTINO CALJFORNIA Sheet 2 ~_
SEE SHEET 4
MATCHLINE
~`x"•
~a~8
,-
~-3
t~
t~
C~
t~
t~
a
N
d
SIDEWALK
MATCHLINE
~~~~~~
SEE SHEET 2
~a~a ~
~- -
MARKETPLACE Date: 11-16-09
UNDERWQ~D. & sale 1°=10'
ROSENBLUM INC. SID~~ Dwn by: CR
~ ~ EASEMENT
~ civil engineers and surveyors checked: MGC
1630 Oakland Road Ste. A114 San Jose, Ca. 95131 19620-19780 STEVENS CREEK BLVD. Job No. Jflfi109
Td. No. (408) 453 1222 Fax Na {4~) 453 1207
CUPERTINO CALIFORNIA Sheet 3 a,¢_ ~
2f
v
Wj
v~ ~
~7 N ~
~I°'w
~ a'
r'
MATCHLINE
-- -_ --- _ .w.,, _...
i ~ ~'
SEE SHEET 3
C.
yors
95131
(408) 453 1222 fax Na (SOB} 453 1207 .
y
t~
t~
SIDEWALK
EASEMENT
~8 ~~ (~ ~
~~
MARKETPLACE
SIDE~YALK
EASEMENT
19620--19780 STEVENS CREEK BLVD.
CUPERTINO CALIFORNIA
Date• 11-16-09
Scale 1"-10'
Dwn by: CR
Checked: MGC
Job No. J06109
Sheet 4 ~f 1~1
UNDERWOOD.
• ROSENBLUNI, IN
~ civil engineers and surve
1630 Oakland Road Ste. A114 Smi Jose, Ca.
7d. Na
ir,~s
10071.
10075 --
Adopt a resolution accepting a Grant of Easement for Sidewalk Purposes, Evershine
Vl, L.P., A California Limited Partnership, 19770 Stevens Creek Boulevard, APN 369-
06-009, Resolution No. 09- ~cS ~
The property owner of this commercial development agrees to grant to the City an
easement for public sidewalk purposes, together with the right to use for sidewalk and
public access purposes and construct, repair and maintain public sidewalk
improvements, over a portion of the property.
e;,