12. Grant of Easement Sidewalk Villa Serra~~r
RESOi.u•riorl No. os-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMEi~1T FOR SIDEWALK PURPOSES,
VILLA SERRA APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP,
20800 AND 20900 HOMESTEAD ROAD, APN(S) 326-09-056, 029, 047, AND 048
WHEREAS, Villa Serra Apartment::, a California Limited Partnership, has
executed a grant of easement for sidewalk pur~~oses, 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, situated at 20800 and 20900 Homestead Road,
APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, more particularly
described in Exhibit ` .A" and Exhibit "B", attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOL\/ED, 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 3rd day of November 2008, by ~~he following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
~z-i
GRANT OF EASEMENT
FOR SIDEWALK PURPOSES
APN: 326-09-056, 326-09-029, 326-09-047, and 326-09-048
20800 and 20900 Homestead Road .
Villa Serra Apartments. a California Limited Partnership. hereinafter called Crrantor,
hereby grant(s) to the CITY OF CUPERT.INO, a municipal corporation, hereinafter called
Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and
use for sidewalk purposes as Grantee shall from time to time elect within the hereinafter
described property of certain premises which is situated in the City of Cupertino, County of
Santa Clara, State of California, and as described as follows:
(See Exhibit "A 8L B"}
Granter 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 locating,
constructing, repsiring, maintaining, or replacing said sidewalks or appurtenances thereto, for
the purpose of doing any necessary or lawful act in connection with the construction or
maintenance of said sidewalk; there is also granted the right of the use of sufficient land
contiguous to said strip on either or both sides thereof for the purpose of excavation of and
deposit of earth and necessary building material during the time of constructing said sidewalk
and any repair thereof.
The foregoing is subject to the following express conditions:
The Grantee 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 ~~' day of n`'~'=~''r 2008_
Owners:
VII.LA SERRA APARTMENTS, a
California limited partnership
By
By
~~-<
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
Coun^ty,~o..f. IS ~l-stii f+r~~G+LT' L~ ~ J} /} t # .} ~ L
On (fit ~lf'!~°J~l 2~ ~~'before me, ~AZ• Q Tt ~~ Sv ~K~ ~. ~~ G,.2 dC___ ~ y ~'0'~!e-5~ . r '~-y jLC.
Date Here Insert Name eM Tole rA the Olflcer
personally appeared Jfl lJG-"f ~. f~-/~~ ~~-~ -fit
Name(s) of Signers
p~1ME CAROL
_ Cem..wafon s l Si96i7
rlaary ttll~at•c ~ Carlomlo
son Mauro Co~tlt/
My Comm. ryfplras •ltaf 2e. 200
who proved to me on the basis of satisf~tory evidence to
be the person whose name~s/ar~subscribed to the
within instrument and acknowledged to me that
he/sl•feftUesr executed the same in hi r lr authorized
capacity{ies~ and that by his/hers§ignature(~) on the
instrument the personfs); or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of th(: State of .California that the foregoing paragraph is
true and correct.
WIT~JESS my hand and officials I. /~
Signatur ~ a'•'°~
Place Notary Seal Above Slgrmture of Notary Ptblb
OPT/ON.~I L
Though the Information below Is not required by law, rt may prove valuable to persons relying on the document
and could previenf fraudulent removal and reattachrnent of this form fo another document.
Description of Attached Document -
Title or Type of Document: /~ % ~ ~ ~ ~ /~I C~C,~a..iGQ~ CI~.~O~O
Document Date: ~C~2~"~ Zf Number of Pages: _ (rte
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: .S:igner's Name:
O intlividual C7 Individual
~ Corporate Officer -Title(s): C7 Corporate Officer -Title(s):
CJ Partner - i] Limited C] General _ _ C7 Partner - C7 Limited O General _
O Attorney in Fact • O Attorney in Fact - •
O Trustee Top of thumb here [] TfUStee Top of thumb here
C7 Guardian or Conservator C] Guardian or Conservator
C7 Other C] Other:
Signer Is Representing: ~cigner !s Representing:
02007 Natbnal Notary Aasociatbn • g3;A De Sob Avo., P O.13®c 2402 • Chatsworth, CA 91;5132402 • www.NationelNOtaryorg hem 05907 Reorder: Cab Tog-tree ~-800-876 6827
12-3
EXHIBIT "A"
LEGAL DESCRIPTION
SIDEWALK EASEMENT
VILLA SERRA APARTMENTS
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTiNO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF THAT LAND DESCRIBED AS PARCEL
TWO OF DOCUMENT NO. 16267440, COUNTY OF SANTA CLARA RECORDERS OFFICE;
THENCE NORTH 89°47'00" EAST, ALONG THE NORTH LINE OF SAID PARCEL TWO, SAID
NORTH LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF HOMESTEAD ROAD AS SHOWN
ON THAT CERTAIN RECORD OF SURVEY RECORDED MARCH 4, 1969 IN BOOK 249 OF MAPS AT
PAGE 51 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, A DISTANCE OF 20.14 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT, CONCAVE TO THE
EAST, HAVING A RADIAL BEARING OF SOUTH 59°43'22" EAST, A RADIUS OF 20.00 FEET, AN
ARC LENGTH OF 7.70 FEET, AND A DELTA ANGLE OF 22°02'46°;
THENCE THE FOLLOWING COURSES AND DISTANCES:
NORTH 85°05'49" EAST, A DISTANCE OF 10.75 FEET;
NORTH 44°57'49° EAST, A DISTANCE OF 7.25 FEET;
NORTH 89°40'08° EAST, A DISTANCE OF 207.42 FEET;
SOUTH 44°57'38° EAST, A DISTANCE OF 5.23 FEET;
SOUTH 82°30'34" EAST, A DISTANCE OF 4.70 FEET;
SOUTH 00°00'53" EAST, A DISTANCE OF 7.69 FEET;
NORTH 89°59'07" EAST, A DISTANCE OF 4.91 FEET;
THENCE NORTH 00°03'29" WEST A DISTANCE OF 8.00 FEET TO ANON-TANGENT CURVE;
THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE TO THE LEFT, CONCAVE TO THE
WEST, HAVING AN ENDING RADIAL BEARING OF NORTH 58°26'55" EAST, A RADIUS OF 15.04
FEET, AN ARC LENGTH OF 8.27 FEET, AND A DELTA ANGLE OF 31 °29'20° TO THE NORTH LINE
OF PARCEL B SHOWN ON SAID RECORD OF SURVEY, SAID NORTH LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY OF HOMESTEAD ROAD AS SHOWN ON-SAID RECORD OF SURVEY;
THENCE SOUTH 89°47'00" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY OF HOMESTEAD
ROAD, A DISTANCE pF 21.90 FEET TO THE MOST NORTHWESTERLY CORNER OF PARCEL
THREE OF SAID DOCUMENT NO. 16267440;
_.
THENCE SOUTH 00°13'08" EAST, ALONG THE WEST LINE OF SAID PARCEL THREE, A
DISTANCE OF 3.00 FEET, TO THE MOST NORTHEASTERLY CORNER OF PARCEL ONE OF SAID
DOCUMENT No. 16267440;
SHEET 1 Of S
12-4
Adm I nd ata/Leg a V 207131 . P E D-ESM T. doc
THENCE SOUTH 89°47'00" WEST, ALONG THE NORTH LINE OF~SAID PARCEL ONE, A DISTANCE
OF 209.87 TO THE TRUE POINT OF BEGINNING.
PARCEL 2
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS=
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL B;
THENCE NORTH 89°47'00" EAST, ALONG THE P~ORTH LINE OF SAID PARCEL B, A DISTANCE OF
34.78 FEET TO THE TRUE POINT OF BEGINNING:;
THENCE SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT, CONCAVE TO THE
EAST, HAVING A RADIAL BEARING OF SOUTH 6~'~°02'46" EAST, A RADIUS OF 1 5.43 FEET, AN
ARC LENGTH OF 8.12 FEET, AND A DELTA ANGLE OF_ 30°09'42";
THENCE THE FOILOWWG COURSES AND DISTANCES:
NORTH 82°08'35" EAST, A DISTANCE OF 9.65 F"E ET;
NORTH 44°5T49" EAST, A DISTANCE OF 5.18 FEET;
NORTH 89°10'27" EAST, A DISTANCE OF 181.98 FEET;
SOUTH 44°5T38" EAST, A DISTANCE OF 7.49 FEET;
SOUTH 85°41'1 8" EAST, A D]STANCE OF 4.88 FEET;
SOUTH 00°27'15° EAST, A DISTANCE OF 6.10 FEET;
NORTH 89°45'33° EAST, A DISTANCE OF 5.99 FEET;
THENCE NORTW 00°14'27" WEST, A DISTANCE OF 2.69 FEET TO ANON-TANGENT CURVE;
THENCE NORTHWESTERLY ALONG SAID NON-TP.NGENT CURVE TO THE LEFT, CONCAVE TO THE
WEST, HAVING AN ENDING RADIAL BEARING OF NORTH 59°43'1 O" EAST, A RADIUS OF 20.00
FEET, AN ARC LENGTH OF 1 0.56 FEET, AND A DI_LTA ANGLE OF 30° 15'06" TO-THE NORTH LINE
OF PARCEL B SHOWN ON SAID RECORD OF SUF2VEY, SAID NORTH LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY OF HOMESTF~4D ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE SOUTH 69°47'00" WEST, ALONG THE IVORTH LINE OF SAID PARCEL B, A DISTANCE
OF 206.99 TO THE TRUE POINT OF BEGINNING.
PARCEL 3
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT-THE MOST NORTHWESTERLY CORNER OF SAID PARCEL B;
THENCE NORTH 89°47'00" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, A DISTANCE OF
267.30 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY ALONG ANON-TANGI.NT CURVE TO THE LEFT, CONCAVE TO THE
EAST, HAVING A RADIAL SEARING OF SOUTH 70°44'15" EAST, A RADIUS OF 15.00 FEET, AN
ARC LENGTH OF 5.7 5 FEET, AND A DELTA ANGLE_ OF 1 9°40'23";
SHEET 2 of 5
12-5
Admindata/Leg a V207131. PED-ESMT.doc
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00°19'06° EAST, A DISTANCE OF 6.53 FEET;
NORTH 89°44'54° EAST, A DISTANCE OF 6.04 FEET;
NORTH 02°47'17" EAST, A DISTANCE OF 6.58 FEET;
NORTH 85°O2'42n EAST, A DISTANCE OF 3.09 FEET;
NORTH 44°57'49° EAST, A DISTANCE OF 5.33 FEET;
NORTH 89°47'54" EAST, A DISTANCE OF 307.90 FEET;
SOUTH 44°5738°, EAST, A DISTANCE OF 5.23 FEET;
THENCE SOUTH 82°27'38° EAST, A DISTANCE OF 2.40 FEET TO ANON-TANGENT CURVE;,
THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE TO THE LEFT, CONCAVE TO THE
SOUTHWEST, HAVING A RADIAL BEARING OF SOUTH 48°34'1 1 ° WEST, A RADIUS OF 15.00
FEET, AN ARC LENGTH OF 12.77 FEET, AND A DELTA ANGLE OF 48°46'58" TO THE NORTH LINE
OF PARCEL B SHOWN.ON SAID RECORD OF SURVEY, SAID NORTH LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY OF HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE SOUTH 89°47'00° WEST, ALONG THE NORTH LINE OF SAID PARCEL B, A DISTANCE
OF 315.07 TO THE TRUE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 1 ,436 SQUARE FEET MORE OR LESS.
JULY 23, 2008
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
X13 D SUR/.
~ • CAg~`cfo
-9~
x.10.
7796 ~
t. 12f31109 ~~f~ i~~
~2~~ ` /
OF
SHEET 3 of 5
1i-s
Admindata/LegaV207131.PED-ESMT.doc -
LEGEND=
ALL DISTANCES AND DIMENSIONS ARE IN FEET- AND DEC'MALS THEREOF.
- - BouNDARY LINE GRAPHIC SCALE
.-.~ ..~~ ~r~~-~- ~s-~ SIDEWALK EASEMENT `r-4NV~`~ O s is 24 3z 40
PARCEL LINES POC- POINT OF COMMENCEMENT
- - - - STREET CENTERLINE TPOB TRUE POINT OF BEGINNING ~ 1 inch = 4 o ft.
- - - TIE LINE
SIDEWALK EASEMENT PARCEL -7
~`r`sv- TPOB
~.p~ ~?~ ti
_ L OAF -
POC Cl-L1 _ L2'~-
PARCEL 7w0
nnc Ha
~ I ~szs~aaa
AREA= 458 ~-SF - ~°E
S89 47 00 »W 26 5~
HOMESTEE~D ROAD (PUeuc Row) L8 21.90' N`'g ~Rl
_~ S89 47:00»W _ __,__ 209.87 -.~ :~~~ _ ,
N89 40'08 E
PARCEL ON.E
17JC Jdo 16287<1<i0
L/NE TABLE
L/NE LENGTH BEAR/NG
LO 20. 14 N89 47 00 E
L 1 70. 75 N85 OS'49 E
L2 7.25 N44 5749 E
L3 5.23 S445738'E
L 4 4. 70 S82 30 34 E
L 5 7.69 SOO DO 53 E
L 6 4.91 N89 59'07'E
L 7 8.00 NOO D3 29 "W
LS 3.00 SOO'13'OS'E
L9 34-78 N894TDO E
L 10 9.65 N82 08 35'E
207.42' -" - CZ
PARCEL THREE L3~~
nac ~a L4 ~ L7
iszs>-ijio L5 L6 I ¢
' ~
L/NE TABLE
L/NE LENGTH BEARING
LJ7 5. >8 N445T49'E
L 12 7.49 S44 57 38'E
L 73 . 4.88 585 41 '78 E
L 74 . 6. 10 50077'15 E
L 75 5.99 N89 45 33 E
L 76 2.69 N0074 27°W
CUR 1/E TABLE
CURIE LENGTH RAD/US DELTA
C7 7.70 20.00 22 02'46»
C2 8.27 15 04 31 29 20»
C3 8. >2 75. 43 30 09'42"
C4 1D.56 20.00 3075'06»
SIDEWALK EASEMENT PARCEL -2
s\o2 TPOB AREA= 555 fSF ,~~
~'~J ~g6F HOMESTEAD ROAD (PUeuc Row) Q3~i
N5~ ~ ~Rl
L 9 ~ S89 47 OD »W 206.99' m
POC ~ C3 L77 N897027»E ~~ 181.98' X12 ~ C4 =
U I L10 l/Jr i A S~RRA .9P~'S PaRC~L B L13 L16
2~9 ~-51 L74 L15 ' ~
TO BE ACCOMPANIED- BY A LEGAL DESCRIIPTION EXHIBIT"B"
DAIS, 09 2B OB SF~f i
® SAND 1 S I ~~~~~..6t96.., S`"~E' ,-=`O' SIDEWALK EASEMENT r
{9..5799. 4
.~...... ORAWN Bn suc y~ SERRA
AIPtOYEO 8Y I.IC
605 Castro SbM ( 6s9untaM Vfesw CA 94041 ~ P 650_949-6900 ~ F 650.969.6472 ~ 19~15.saAlsme oeAwNG ~~ _
• • • • 207131 CUPERTWO CALFORNA or= 5 swEErs
- - - - 207131
LEGEN~~
ALL .DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF_
- - aouNOARY uNE GRAPHIC SCALE
[=_~~~~=~-~~,~~ ,_~ SIDEWALK EASEMENT 'r-4N O s ie 2a s2 40
- - PARCEL LINES POC POINT OF COMMENCEMENT
--- - STREET CENTERLWE TPOB TRUE POINT OF BEGINNING 1 inch = 4o ft.
--- -- TIE LINE
S/DEWALK EASEMENT PARCEL -3
AREA= 423 .t SF
=~p¢ TPOB 1-10MESTEAD ROAD CP>JBUC Row) I ~
L 17 ~~J ~ ~S F S89 47 00 °W 315.07 U
_ _
POC m L 18 ~ _ .~ L22 N89 47 54 E 307.90'
I L27 YILLA S~RRA APTS PARCEL .g ~
~' L 19 , L20 2-~lJ- -~1-51 '
~
f ~,
~ HOMESTEAD RQAD (PUeuc ROW) ~R1 ~.
1k'~1
~
_ S89 47'00°W 315.07' - CB y
5h`d
N89 4754E 307.90' L23 L24
~' 1/IL LA 5~~,4RA APTS PARC£L 8
2119-~LJ-5l
L/NE TABLE
L/NE LENGTH BEARING
L 17 267.30 N89 4700 E
L 18 6.53 50079'06 E
. L 19 6. 04 N89 44 54 E
L20 6.58 N02=4777'E
L21 3. 09 N85 02'42'E
L22 5.33 N44 57'49 E
L23 5.23 5445738E
L24 2 40 S827736 E
CURi/E TABLE
CURIiE LENGTH RAD/US DELTA
CS 5. 15 15.00 79 40 23"
C6 >2. 77 15.00 8
TO BE ACCOMPANIED BY A -LEGAL DESCRI
® S A tV ~ 1 S ( i~ww iiws~ "~
605 CiiMO Swe~ ~ MOVntam V(M_G 9041 ~ R QiO%93900 ~ R 650S6DfN72 ~ ~sandls.a~t
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Q_ '12J3~ 109
qTf OF CAS-~~`~~~`~
EXHIBIT"B"
SHEET
SIDEWALK EASEMENT
VILLA SEA $
,2-8
PEflTINO CALIFOFPfA of 'S sHEFrs