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CC Resolution No. 07-211RESOLUTION N0.07-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR PUBLIC ACCESS PURPOSES FROM 1200 SAN MATED AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION, 10495 N. DE ANZA BOULEVARD, APN 326-33-110 WHEREAS, 1200 San Mateo Avenue, LLC, a California Limited Liability Corporation, has executed a Grant of Easement for Public Access 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 public access purposes, situate at 10495 N. De Anza Boulevard, APN 326-33-110, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. 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 and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18~' day of December 2007, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk APPROVED: `\ ' "~` Mayor, City of upertino Attachments: EXHIBIT A & EXHIBIT B GRANT OF EASEMENT FOR PUBLIC ACCESS PURPOSES APN: 326-33-110 10495 N. De Anza Boulevard 1200 San Mateo Avenue, LLC, a California Limited Liability Coruoration, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to enter and use a Public Access Easement as Grantee shall from time to time elect within the hereinafter described property of certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Exhibit A and B) 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 access said Public Access Easement for the purpose of doing any necessary or lawful act in connection with the use of said Easement. The foregoing is subject to the following express conditions: The Grantor agrees to restore the ground surface and any improvements thereon to its original grade or condition insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, executed this ~ t G LGL r au (Notary acknowledgment to be attached) - ,~ ~- ~.. Exhibit "A" Public Access Easement #1 Chappell Surveying Services Land Surveying Geographic Information Systems Precision Agriculture All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel B as said parcel is shown on that certain parcel map filed for record in the office of the Recorder for said Santa Clara County on August 27th, 1980 in Book 469 of Maps at page 39 and being more particularly described as follows: Commencing at the Northwest Corner of said Parcel B being a point on the southerly right-of-way line of Mariani Drive as shown on said map; thence North 89°52'24" East, along the northerly line of said Parcel B coincident with said right-of-way line, 43.35 feet to the Point of Beginning; thence North 89°52'24" East, along said line, 75.46 feet; thence South 73°30'00" West, leaving said line, 28.08 feet; thence South 89°52'24" West, 32.73 feet; thence North 63°30'00" West, 17.66 feet to the Point of Beginning. Public Access Easement #2 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel B as said parcel is shown on that certain parcel map filed for record in the office of the Recorder for said Santa Clara County on August 27th, 1980 in Book 469 of Maps at page 39 and being more particularly described as follows: Commencing at the Northwest Corner of said Parcel B being a point on the southerly right-of-way of Mariani Drive as shown on said map; thence North 89°52'24" East, along the northerly line of said Parcel B coincident with said right-of-way, 333.40 feet to the Point of Beginning; thence North 89°52'24" East, continuing along said line coincident with said right-of-way, 8.92 feet to the beginning of a curve to the right having a radius of 30.00 feet; thence along said right-of-way and along said curve through a central angle of 90°02'07"; an arc length of 47.14 feet to a the beginning of a compound curve having a radius of 57.00 feet being a point on the westerly right-of-way of De Anza Boulevard as shown on said map coincident with the easterly line of said Parcel B; thence along said right-of-way and along said curve through a central angle of 16°41'57", an arc length of 16.61 feet; thence South 16°36'28" West, along said right-of- way, 19.19 feet to the beginning of a curve to the left having a radius of 73.00 feet; thence along said right-of-way and along said curve through a central angle of 16°41'57", an arc length of 21.28 feet; thence South 00°05'29" East, along said right-of- way, 104.27 feet to the beginning of a curve to the left having a radius of 73.00 feet; thence along said right-of-way and said curve through a central angle of 6°48'25", an arc length of 8.67 feet to the southeast corner of said Parcel B; thence South 89°52'24" West leaving right-of-way and along the southerly line of said Parcel B, 2.01 feet to the beginning of anon-tangent curve to the right having a radius of 75.00 feet, a radial line 1 of 2 Phone: (209) 845 9694 • Fax: (209) 845 9654 ~ email: survey@garlic.com 680 Esther Way Oakdale, CA 95361 to said beginning bears South 83°16'59" West; thence along said curve through a central angle 6°37'32" an arc length of 8.67 feet; thence North 00°05'29 West, 39.31 feet; thence South 89°54'31" West, 3.40 feet; thence North 00°05'29 West, 20.71 feet; thence North 89°54'31" East, 3.40 feet; thence North 00°05'29 West, 26.87 feet; thence North 1 1 °53'07 West, 29.22 feet to the beginning of a curve to the right having a radius of 50.00 feet; thence along said curve through a central angle of 28°29'35", an arc length of 24.86 feet; thence North 16°36'28" East, 14.74 feet to the beginning of a curve to the left having a radius of 20.00 feet; thence along said curve through a central angle of 68°51'33", an arc length of 24.04 feet; thence North 52°15'05" West, 23.26 feet to the Point of Beginning. See Exhibit "B" attached hereto and made a part hereof. This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyor's Act. Brett J. Cha ell, P.L.S. 7547 Expires: 12/31 /2007 ® ~,(~® ~ k. ,. Cliq ~°p~. U~ <~~ -~ ° EXP. 3/ o ~ .~\ N0.7547 i~ ~ `~ ~~~ 2 of 2 Phone: (209) 845 9694 • Fax: (209) 845 9654 ~ email: survey@garlic.com 680 Esther Way Oakdale, CA 95361 DE ANZA BOULEVARD R=57.00' d=16 41 'S7" R=30.00' L=16.61' R=73.00' I 4=9062'07" d=16 41'57" L=4714' ~7 L=21.28' 77 ' 60' ' P.A.E.,~2 S00~5 29 E 104.27' ~3~ ~ ~L¢ L5 ~ L7 ~~ L9 ~~' R=50.00' I 8.92' d=2879'35" L=24.86' ' R=20.00' P.O.B. a=6831'33" P A E ~2 L=24.04' J I ~ 30' I ~ ~ N O Z I Q : ~ ' " ~ 573;30 00 W I ~ zs o8 N ~l o~ 2 ~ 158932'24"W 132.73' P.A.E.~1 I N6330'00"W R 17.66' rite P.O.B. P.A.E.~1 PARCEL B 469 MAPS 39 58932'24"W 2.01' / /NF Td R/ F CURVE TABLE I LINE BEARING LENGTH L 1 516 :36'28"W 19.19' L2 N5275'05"W 23.26' L3 N16 :36'28"E 14.74' L4 N1153'07"W 29.22' L5 N001~5'29 "W 26.87' L6 N89"54'31 "E 3.40' L7 NDO'OS 29"W 20.71 ' L8 589"54'31 "W 3.40' L9 N002~5'29"W 39.31' CURVE RADIUS DELTA LENGTH Cl 73.00' 648'25" 8.67' C2 75.00' 637'32" 8.67' ~ ~ ~1 PARCEL A 584 MAPS 23&24 ~ LEGEND BOUNDARY LINE - CENTER LINE - - - - - - - DESCRIBED EASEMENT LINE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.A.E. PUBLIC ACCESS EASEMENT (R) RADIAL ~ ,~ P.O.C. - ~ - - ~ - - EXHIBIT "B" PUBLIC ACCESS EASEMENTS ^ ^ CHAPPELL SURVEYING SERVICES 680 Esther Way J\ J LAND SURVEYING Oakdale, CA 95361 GEOGRAPHIC INFORMATION SYSTEMS (209) 845 9694 Job No. 2005035 By BJC Ck By BJC Date t0-03-07 Scale: t "'=50' Sheet t of t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ~ Y1 ~l ~~ on Nowe--~-rn-~er 15, 7.c~1 before me (' ' '~~ ~~ Sn ~ ~ ` ~~'~ ~ ~'^ ~~ t U DATE NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeared, ~~~~ / ~~~~- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sl whose name( is/tee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/11~ar/tli~ir authorized capacity(i~as), and that by his/1'i~r/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 hand and official seal. AMBER RESNICK ' l v Y '- ~ L, NOTARY rtILLIC ~ CALIFORNIA SAN MATEO COUNTY (SEAL.) ~~• ~P• JUKE 25, 20G NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYCNG ON THIS NOTART~~~ DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT