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13. Lot 5 - Catalano Ct. dedication DRAFT RESOLUTION NO. 07-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR SIDEWALK PURPOSES FROM PANCAL CATALANO, L.P., A CALIFORNIA LIMITED PARTNERSHIP, LOCATED LOT 5 -CATALANO COURT WHEREAS, Pancal Catalano, L.P., as a condition of its use permit, is required to grant to the City an irrevocable offer of dedication for future sidewalk purposes, if and when the need arises in the future; and WHEREAS, Pancal Catalano, L.P., a California Limited Partnership, has executed an Irrevocable Offer to Dedicate Property for Sidewalk Purposes to fulfill the conditions of the use permit; and WHEREAS, the plat and description fully delineates the right-of-way which may be required for future sidewalk purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby acknowledges the Irrevocable Offer to Dedicate Property for Sidewalk Purposes, reserves the right to accept at a later time, and authorizes the City Clerk to have said offer recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 5t day of August 2007, by the following vote: V ote Members of the City Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino IRREVOCABLE OFFER OF DEDICATION FOR SIDEWALK PURPOSES APN 362-18-003 LOT 5 - CATALANO COURT Pancal Catalano, L.P., A California Limited Partnership, grant(s) to the CITY OF CUPERTINO for sidewalk purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & Plat to Accompany Exhibit "A") IN WITNESS WHEREOF, executed this IOthday of JilLY ,2007. Owner: PItNCJ1L CltTfJLf1~O" ~p. ti'f: ~rere. MY ~~/O~ 0 eFJ et>I<P,;C7.? ~6/?A~ r- 1&Y: B'enjamin hui/ V. p. v (Notary acknowledgment to be attached) Page 1 of 1 IRREVOCABLE OFFER OF DEDICATION EXHIBIT A SIDEWALK EASEMENT All that certain property lying within the limits of the incorporation of the City of Cupertino, described more particularly as follows: Beginning at the Southeast corner of Lot 5 as shown on the map for Tract No. 9656 as recorded in Book 807, page 39, Santa Clara County Records; thence proceeding along the Easterly lot line of said Lot NOooOO'58"W 5.00 feet to a point of intersection with the Northern boundary of the 5.00 foot wide Public Pedestrian Easement; thence leaving said Easterly lot line and proceeding along the Northerly boundary line of said Easement S89059'02"W 35.26 feet to a point of non-tangent curvature and the TRUE POINT OF BEGINNING, thence along a non-tangent curve to the right with a radial bearing of N20049'50"E, a radius of 7.30 feet, a delta of 3r 11'35" an arc length of 4,74 feet to a point of reverse curvature; thence along a tangent curve to the left having a radius of 14.39 feet, a delta of 116002'51" an arc length of 29.14 feet to a point of tangency; thence along a tangent curve to the right having a radius 7,30 feet, a delta of 3r11'35" an arc length of 4.74 feet to a point of non-tangency, said point also being in the Northern boundary of aforementioned 5.00 foot wide Public Pedestrian Easement; thence N89059'02"E 31.60 feet to the TRUE POINT OF BEGINNING. Containing 1 97 square feet and being a portion of the aforementioned Lot 5. /'~~~~~1. ..e~\) ,.~: ~. .x.i.-'" ~~:~;;.~~i~~' '" If'/~~; <~i:'- 1~1 t~, rXf{ 9/01 ;'~71''1l\ f~~.~ . ~\\~ ~.rw'~;'~ ',~~; (..:=:. ~ ,t""",.,. ~",'t....<i-.J. .~ f~i...,. ! \-.'J.\~'~. ~.l~el \ if-" c- (' ~" / \ ,',. .(,t';l~. " - \'~?!"oi~-k~~.''';;(''~ ~~-;/ June 28. 2007 , , .6=37"11'35" R=7.30 L=4.74 / / EXIST. 5.00' / PUBLIC PEDESTRIAN EASEMENT I \ SCALE: 1"=20' \ \ JUNE 27, 2007 PLAT TO ACCOMPANY EXHIBIT A FOR THE CREATION OF A SIDEWALK EASEMENT IRREVOCABLE OFFER OF DEDICATION --, LOT 5 TRACT NO. 9656 .6=116002' 51" \-~.:=14.3; .6=37"11 '35" \ _-29.1. -R=7.30 \ I L;74 ~ 1$ ~S89059'02"W J. -31.60'- ~I t.f) ,- _ 0 o 0 o . o t.f) o o z S89059'02"W 35.26' l -- T.P.O.B. ~ P.O.B. CAT A LA N 0 CT. LEGEND: ~ SIDEWALK. EASEMENT State of California couse; of SJo>.ff^ CI..AfeA On UI..IIO,20D7 before me. LEb;.lItfiUj /fut=iuN, HOlM..} PUSLlC , (here insert name and title of bfficer) personally appeared J3..-~:T/Ti"1 J N CHi) I personally known to me (or 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 his/her/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. WITNESS my hanJ ! fficial seal. 6 I Signature '\ /7 ... ~.~;V I (Seal) r H ~: . . . ~EoNAAD HUFTON . , ( z: . COMM. #1634204 m fB Notary PubIIo-CaIlromI S! SANTA CLARA COUNTY ... My ComnL Exp. ... 30, 2010