E-683 Temporary Easement Agreement, George and Yoshiko Blesch \imik/ OFFICE OF THE CITY CLERK
rip CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
�c.I9j, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
�
WEBSITE:www.cupertino.org
CUPERTINO
March 5, 2013
George &Yoshiko Blesch
22050 Stevens Creek Boulevard
Cupertino, CA 95014
An original copy of your Temporary Easement Agreement with the City of Cupertino is
enclosed. If you have any questions or need additional information, please contact the Public
Works department at (408) 777-3354.
Sincerely,
L.t7).4
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works
(Space above this line for recorder's use)
TEMPORARY EASEMENT AGREEMENT
Thisy.emporary Easement Agreement ("Agreement") is dated for identification this day
of Alk Z , 2013 and is made by and between the City of Cupertino, a municipal corporation
of the State of California, whose address is 10300 Torre Avenue, Cupertino, California, 95014,
hereinafter called"City", and George and Yoshiko Blesch, hereinafter called"Owner."
RECITALS
A. Owner is the Owner of certain real property located in the City, located at 22050 Stevens
Creek Boulevard, Cupertino, California("Property"), as currently identified by
Assessor's Parcel Number 357-10-002, and as described on attached Exhibit A.
B. City is the owner of certain real property("Blackberry Farm" and"Stocklmeir site")
located at 22100 and 22120 Stevens Creek Boulevard, Cupertino, California, as currently
identified by Assessor's Parcel Numbers 357-10-007 and 357-09-053, and as described
on attached Exhibit B-1 and B-2.
C. City has undertaken the Stevens Creek Corridor Park and Creek Restoration Phase 2
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 easement are as further described on attached
Exhibits C-1 and C-2.
EASEMENT
Now, therefore, in consideration of the facts set forth in the recitals above and other good and
valuable consideration, the parties agree as follows:
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1. Grant of Temporary Easement. Owner grants to City, subject to the terms and conditions
herein contained, and without warranty 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 C-2.
2. Character of Easement. This Temporary Easement is an affirmative non-exclusive easement
benefitting`Blackberry Farm"and the"Stocklmeir site" (Exhibit 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 reasonably 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 and reconfiguration of
the creek channel, associated earthwork, installation of drainage facilities, installation of
plantings, temporary dewatering facilities, access control fencing, and maintenance of the
Improvements.
4. Term of Agreement. The Temporary Easement shall commence upon execution 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.
5. Maintenance of Easement. City shall be responsible 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 by City, at City's expense, in a good and workmanlike manner.
6. Acceptance of Improvements and Release 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 t:he Improvements and will indemnify, defend and
hold the City harmless from any and all claims of third parties regarding the Improvements.
This Section 6 survives the expiration of the Agreement.
7. Hours of Work. City agrees and covenants that use by City representatives of the Temporary
Construction Easement Area, and construction of the Improvements thereon, will normally be
limited to the period from 7:00 a.m. to 5:00 p.m., Monday through Friday. Installation of
temporary dewatering facilities and the associated work to relocate fish prior to dewatering,
tasks which are anticipated to occur in June and July 2013, may selectively occur until sunset if
necessary. Emergency work, if required,will be authorized by the Director of Public Works or
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. Any other prior agreements,promises, or representations
not expressly set forth or referred 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 relates to this Agreement, or the performance or breach
thereof, the parties agree first to participate 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 creation and grant of the Temporary Easement.
In witness whereof, the parties have executed this Agreement as of the date first written
above.
Owner: Owner:
frk,1 ''. '. 11- 1-4(4.-George :lesch (o hiko Blesch
22050 Stevens Creek Boulevard 22050 Stevens Creek Boulevard
Cupertino, California 95014 Cupertino, California 95014
City of Cupertino: Attest:
City Clerk
________f _d. ‘0..r.f..— AA.. IP
Oa-
�TimmBorden Grace Schmidt
Director of Public Works City Clerk
Approved as to Form:
fYCaro1Korade
City Attorney
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EXHIEIIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO , COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Beginning at a harrow tooth in the center of Stevens Creek Road distant thereon South 89° 49' West
564.43 feet from a brass plug at the intersection thereof with the center line of Byrne Avenue, from
which an iron pipe on the Southerly line of Stevens Creek Road bears South 0° 11' East 20.00 feet distant
and running thence along the center line of Stevens Creek Road, South 89° 49' West 172.40 feet to a
harrow tooth and South 88° 56' West 147.52 feet to a road nail in a concrete bridge over the center of
Stevens Creek at the intersection of the centerline of Stevens Creek Road with the Northerly prolongation
of the center line of Stevens Creek, as shown on map recorded in Book "0" of Maps, page 88, records of
Santa Clara County, California, from which nail a 24 inch sycamore marked BTS bears North 54° 09' East
35.7 feet and from which road rail on the Southerly line of Stevens Creek Road bears South 47° 57' 40"
East 29.27 feet; thence up the center of Stevens Creek along the Westerly line of lands of F.W.
Stocklmeier, South 47° 57' 40" East 140.80 feet; South 59° 16' 30" East 130.16 feet and South 44° 27'
20" East 24.93 feet to a point from which an iron pipe on the East bank of Stevens Creek bears North 29°
32' 30" East 31.19 feet; thence leaving the center of Stevens Creek and running North 64° 50' 30" East
77.87 feet to an iron pipe; thence North 7° 28' 30" East 119.78 feet to an iron pipe; thence North 0° 11'
West 30.00 feet to the point of beginning and being part of Section 15, Township 7 South, Range 2 West,
Mount Diablo Base and Meridian.
Excepting therefrom the following described parcel of land, currently owned by Santa Clara Valley
Water District, and now known as Assessor's Parcel Number 357-10-001:
Beginning at the Northwesterly corner of said lands; thence along the Northerly line of said lands also
being the centerline of Stevens Creek Road, North 880 56' 00" East 90.74 feet; thence at right angles
South 010 04' 00" East 84.93 feet to a point on the Southwesterly line of said lands; thence along said
line North 47° 57' 40" West 124.29 feet to the point of beginning.
APN: 357-10-002
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EXHIBIT B-1
LEGAL DESCRIPTION •- BLACKBERRY FARM
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, COUN`! " OF SANTA
CLARA, STATE OF CALIFORNIA; DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STEVENS CREEK
BOULEVARD AS ESTABLISHED BY RECORD OF SURVEY RECORDED IN BpOK469 OF MAPS, AT
PAGE 57; OFFICIAL.'RECORDS, OF SANTA CLARA,COUNTY AND AS SHOWN ON PLAN LINE MAP
RECORDED IN BOOK 7 OF PLAN LINE MAPS, PAGES 113 TO 121, SANTA CLAM COUNTY
RECORDS WHICH.BEARS SOUTH 89° 48'.00" WEST A DISTANCE OF 260,77 FEET AND NORTH
12° 30' 23" EAST A DISTANCE OF 5,19 FEET FROM THE INTERSECTION OF BYRNE AVENUE AND
OLD STEVENS CREEK BOULEVARD'AS SHOWN ON THE MAP OF TRACT NO 150, "STEVENS
CREEK SUBDIVISION MAP NO 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 NO 6574' RECORDED IN BOOK 443'OF MAPS, PAGES 34 AND 35, SANTA CLARA
COUNTY RECORDS, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 302.26 FEET
TO THE SOUTHWEST 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' 58" EAST A DISTANCE OF 101.84 FEET; 2. SOUTH 060 43' 32" WEST A l
DISTANCE OF 126:15 FEET; 3. SOUTH 15° 03' 52" EAST A DISTANCE OF 95,55 FEET; 4• SOUTH
01° 32' 17" EAST A DISTANCE OF 92.26 FEET; 5, SOUTH 06° 17' 53" EAST A DISTANCE OF
48.91 FEET; 6. SOUTH 28° 551 53" EAST A DISTANCE OF 141,02 FEET; 7. SOUTH 04° 26'48"
EAST A DISTANCE OF 139.85 FEET; 8. SOUTH 63° 13' 56" WEST A DISTANCE OF 109.72 FEET;
9. SOUTH 08° 29' 30" EAST A DISTANCE OF 101.56 FEET; 10• SOUTH 46° 15' 30" EAST A
DISTANCE OF 48.95 FEET; 11. SOUTH 00° 00' 00" EAST A DISTANCE OF 473.35 FEET TO A
POINT ON THE NORTHERLY LINE OF SAN FERNANDO AVENUE; THENCE SOUTH 57° 30' 00"
WEST, ON SAID NORTHERLY LINE, A DISTANCE OF 165,89 FEET TO THE NORTHEAST CORNER
OF LOT 59 OF TRACT NO 211, "STEVENS CREEK SUBDIVISION MAP NO 4" AS RECORDED IN
VOLUME 7 OF MAPS, PAGE 31, SANTA CLARA COUNTY RECORDS; THENCE SOUTH 00° 10' 58"
WEST, ON THE EAST LINE OF SAID LOT 59,A DISTANCE OF 30.00 FEET; THENCE SOUTH 69°
09' 51"WEST A DISTANCE OF 124.89 FEET 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""8"THE FOLLOWING 7 COURSES: 1. NORTH 76° 49'03" WEST A DISTANCE OF 86.30
FEET; 2. SOUTH 790 14' 51""WEST A DISTANCE OF 30.17 FEET; 3. SOUTH 60° 29' 51"WEST A
DISTANCE OF 60.00 FEET; 4. SOUTH 40° 44' 21" WEST A DISTANCE OF 19.99 FEET; 5. SOUTH
12° 19'43" EAST A DISTANCE OF 50.82 FEET; 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 48 OF SAID TRACT NO. 211; THENCE ON THE
SOUTHWESTERLY LINE OF SAID TRACT NO 211 THE: FOLLOWING 4 COURSES; 1. 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 751.45 FEET; 4. SOUTH 45° 33' 00" EAST A
DISTANCE OF 189.70 FEET TO THE NORTHWEST 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
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DISTANCE OF 61.20 FEET TO THE NORTHWEST 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 CLARA COUNTY RECORDS, A DISTANCE OF 328.67
FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "A" OF TRACT NO 5873, 'THE
SYCAMORES"AS RECORDED IN BOOK 383 OF MAPS, PAGES 51 AND 52, SANTA CLARA COUNTY
RECORDS;THENCE ON THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL"A"THE
FOLLOWING 3 COURSES: 1. NORTH 02° 44' 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 DISTANCE: OF 31.54 FEET; 2. NORTH 18° 18' 25"
EAST A DISTANCE OF 124.23 FEET; 3. NORTH 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; 6. NORTH 13° 11' 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 46°48' 00" EAST, CONTINUING ON SAID EASTERLY LINE, A
DISTANCE OF 206,74 FEET TO THE MOST SOUTHERLY 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" EAST, ON THE
SOUTHEASTERLY LINE OF SAID TRACT NO. 5915, A DISTANCE OF 178.14 FEET; THENCE
NORTH 52°45'45" EAST, CONTINUING ON SAID SOUTHEASTERLY LINE, A DISTANCE OF
139.19 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN
BOOK "I" 410 OF OFFICIAL RECORDS, PAGE 635, SANTA CLARA COUNTY RECORDS;THENCE
ON THE EASTERLY LINE OF SAID PARCEL THE 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 8026 FEET; S, 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
136.68 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: 1. 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-OF-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 THE POINT OF BEGINNING OF THIS DESCRIPTION.
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EXCEPTING THEREFROM: PARCEL"A"AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN
BOOK 148 OF MAPS, PAGE 58, RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS 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 SUBDIVISION MAP NO. 4"AS RECORDED IN
VOLUME 7 OF MAPS, PAGE 31, RECORDS OF 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;THENCE SOUTH 83° 09' 00"WEST A DISTANCE OF
124.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION..
APN: 357-10-007
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EXHIBIT B-2
LEGAL DESCRIPTION - STOCKLMEIR SITE
PARCEL ONE
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE STEVENS
CREEK ROAD, AS IT FORMERLY EXISTED 40 FEET WIDE, WITH THE CENTER LINE OF STEVENS
CREEK; THENCE IN A GENERAL SOUTHERLY DIRECTION ALONG THE CENTER LINE OF STEVENS
CREEK THE FOLLOWING COURSES AND DISTANC:ES: SOUTH 48° 30' EAST 110.55 FEET; SOUTH
59° 45' EAST 132.00 FEET; SOUTH 45° EAST 162.03 FEET; SOUTH ° 37' EAST 122.10 FEET;
SOUTH 4° 8' WEST 231.66 FEET; SOUTH 24°WEST 80.26 FEET; SOUTH 363° WEST 199.32
FEET; SOUTH 25°WEST 54.12 FEET; AND SOUTH 36° 30'WEST 107.38 FEET TO A STATION
DESIGNATED D.S.S FROM WHICH A SYCAMORE 14 INCHES IN DIAMETER MARKED B.T.D.S.5
BEARS SOUTH 36° 15' EAST 17.82 FEET; THENCE LEAVING THE CENTER LINE OF S I EVENS
CREEK AND RUNNING ALONG THE EASTERLY LINE OF MONTH VISTA PARK, THE MAP OF
WHICH IS OF RECORD IN BOOK"P"OF MAPS, PAGE 19, SANTA CLARA COUNTY RECORDS, AND
ALONG THE EASTERLY LINE OF INSPIRATION POINT, MONTA VISTA,THE MAP OF WHICH IS OF
RECORD IN BOOK"P" OF MAPS, PAGE 18, SANTA CLARA COUNTY RECORDS, THE FOLLOWING
COURSES AND DISTANCES: NORTH 4° 41'WEST 339,24 FEET TO A STATION DESIGNATED
D.S.r; NORTH 4° 11' WEST 191.40 FEET TO A PIPE; AND NORTH 12° 1'WEST 448.00 FEET TO A
PIPE AT THE NORTHEASTERLY CORNER OF SAID INSPIRATION POINT, MONTA VISTA;THENCE
NORTH 37°42'WEST 13.00 FEET TO A PIPE ON SAID SOUTHERLY LINE OF STEVENS CREEK
ROAD;THENCE ALONG SAID SOUTHERLY LINE OF STEVENS CREEK ROAD, FORTH 89° EAST
84.48 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF THE SAN ANTONIO RANCHO,
AND BEING SHOWN UPON THAT CERTAIN MAP ENTITLED"MAP OF A SURVEY MADE FOR
ADELHE:ID M. STOCKLMEIR IN THE SAN ANTONIO RANCHO", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON DECEMBER 29, 1915, IN BOOK "0" OF MAPS, PAGE 88.
EXCEPTING THEREFROM ALL THAT CERTAIN LANI) CONVEYED TO THE CITY OF CUPERTINO, A
MUNICIPAL CORPORATION RECORDED SEPTEMBER 29, 1986 AS INSTRUMENT NO. 8962038 IN
BOOK.3861, OFFICIAL RECORDS, PAGE 2072, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SAN ANTONIO RANCH() BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF'TRACT NO. 5915"RECORDED IN
BOOK 384 OF MAPS AT PAGES 18 AND 19, SANTA CLARA COUNTY RECORDS, SAID POINT
BEING THE NORTHEASTERLY BOUNDARY CORNER OF "LOT 30"AS SHOWN UPON SAID MAP;
THENCE FROM SAID POINT OF BEGINNING,ALONG SAID EASTERLY BOUNDARY LINE OF
'TRACT NO 5915", NORTH 11° 58'43" WEST 42.00 FEET TO THE NORTHEASTERLY BOUNDARY
CORNER OF THE "MAP OF INSPIRATION POINT, MONTA VISTA", AS RECORDED IN BOOK"P" OF
MAPS AT PAGE 18, SANTA CLARA COUNTY RECORDS, SAID POINT ALSO BEING THE "TRACT
NO. 5915"AND DESIGNATED AS "STEVENS CREEK BLVD.";
THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF "TRACT NO. 5915", NORTH 37° 55'03"
WEST 5.80 FEET TO THE INTERSECTION THEREOF=WITH A NON-TANGENT CURVE HAVING A
RADIUS OF 988.01 FEET,THE RADIUS POINT OF WHICH BEARS SOUTH 13° 18'30" EAST, SAID
POINT BEING'THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE FROM SAID TRUE POINT OF BEGINNING, EASTERLY ON THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 0° 12' 43", FOR AN ARC LENGTH OF 3.66 FEET TO A POINT
OF COMPOUND CURVATURE;
THENCE CONTINUING EASTERLY ON THE ARC OF A CURVE HAVING A RADIUS OF 35.00 FEET;
THROUGH A CENTRAL ANGLE OF 27° 21' 15", FOR AN ARC LENGTH OF 16.71 FEET TO A POINT
OF REVERSE CURVATURE;
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THENCE CONTINUING EASTERLY ON THE ARC OF A CURVE HAVING A RADIUS OF 20,00 FEET;
THROUGH A CENTRAL ANGLE OF 25° 19' 20", FOR AN ARC LENGTH OF 8,84 FEET, A RADIAL AT
SAID POINT BEARS SOUTH 11° 03' 52" EAST;
THENCE NORTH 78° 56' 08" EAST 6.62 FEET;
THENCE NORTH 82° 57' 52" EAST,42.66 FEET TO A POINT IN THE CENTERLINE OF STEVENS
CREEK, SAID POINT BEING IN THE SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK
BOULEVARD (40,00 FEET WIDE AS IT FORMERLY EXISTED);
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD,
SOUTH 88°46' 38" WEST 81.76 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD,
SOUTH 37° 55' 03" EAST 657 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL TWO
ALL OF LOTS 30 AND 31, SHOWN ON THE MAP ENTITLED, "TRACT NO, 5915 THE MEADOWS OF
CUPERTINO", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF TFIE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 30, 1976, IN BOOK 384 OF
MAPS AT PAGES 18 AND 19.
APN: 357-09-053
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EXHIBIT C-1
DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT AREA
THE LAND REFERRED TO BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL PROPERTY WITHIN THE CHANNEL AND BANKS OF STEVENS CREEK AND WITHIN 40 FEET
MAXIMUM NORTHERLY OR EASTERLY OF THE SHARED PROPERTY LINES OF THE PARCEL
DESCRIBED IN EXHIBIT A, OWNED BY GEORGE AND YOSHIKO BLESCH AND KNOWN AS APN 357-
10-002, AND THAT PARCEL DESCRIBED IN EXHIBIT B-2, OWNED BY THE CITY OF CUPERTINO AND
COMMONLY CALLED THE 'STOCKLMEIR SITE' AND KNOWN AS APN 357-09-053. LANDS WHICH
ARE ABOVE OR OUTSIDE OF THE CREEK CHANNEL TOP OF BANK (ABOVE AN ELEVATION OF
APPROXIMATELY 291 FEET NGVD, 1929 DATUM) ARE EXCLUDED FROM THIS TEMPORARY
CONSTRUCTION EASMENT AREA.
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EXHIBIT C-2
VICINITY MAP- TEMPORARY CONSTRUCTION EASEMENT AREA
R.0.S. 469/ 5/ THRU 59 40'
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