CC Resolution No. 08-148 Grant of Easement for Sidewalk Purposes, Villa Serra ApartmentsRESOLUTIOr~T NO. 08-148
A RESOLUTION OF THE CITY COUI~~CIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEME7VT 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 Apartments, a California Limited Partnership, has
executed a grant of easement for sidewalk purpposes, 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 RESOLVED, that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that thc; 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 the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~~ \~.
City Clerk Mayor, City of Cupcrtino
GRANT OF EASEMENT
FOR SIDEWALK PURPOSES
APN: 326-09-056, 326-09-029, 326-09-047, and 326-09-048
20800 and 20900 F[omestead Road
Villa Serra Apartments. a California Limited Partnership. hereina8er called Grantor,
hereby grant(s) to the CITY OF CUPERTINO, 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 8~ 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, repairing, 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 aa' day of Oc-~~''~ 2008.
Owners:
VILLA SERRA APARTMENTS, a
California limited partnership
By:
By:
CALIFORNIA ALL-PURPOSE ACKNOW'LE~GMENT
State of California -~
Coun^ty,o~f IS i9-r~t ,,f-+cr~ CST F_ ~~ r1 f~
On r r ~ c~FJ-PJ~, 22j U~' a~efo re me, (~1i. . o ~-z .J £. ~ ~. ~~-S ~-2 a~ ~ ~Or~-1~`~ , T '•^~ 1 tC.
Date Here Insert Name antl Title of the Officer
r-~
personally appeared Jfl/`~G-~~ ~`-/~- ~rtiye(`~wSigner(s)
who proved to me on the basis of satisfa tory evidence to
be the person(s}~whose names/ a subscribed to the
within instrument and acknowledged to me that
he/sK~/tlaesi executed the same in his/f~t~r authorized
p~571~lECMOLS1E11M11RD capacity(i~ and that by his/har/ff`l~,etr~"ignature(~) on the
Comm~+s 15691617 instrument the personfsj~or the entity upon behalf of
~ie~'C°~~O ~ which the person(s) acted, executed the instrument.
San Matoo Ga~tly
My Comm.rycpul~s.hs+2s.2o I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNI.SS my hand and official sal. ~ n
~1~ ~ GLr-oV
Signatun
Place Notary Seal Above Signature of Notary Public
OPT/ONAI'_
Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document
and cou/d prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document f\~• n
Title or Type of Document: ~ % ~ ~? ~ ~ U C.PX_E {.-f ~Q~, ~~~-~
Document Date: ~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Si)ner's Name:
~ Individual ~ Individual
~ Corporate Officer -Title(s): O Corporate Officer -Title(s):
~ Partner - (] Limited D General _ _ _ (] Partner - O Limited O General _ _ _
~ Attorney in Fact • D Attorney in Fact • •
~ TfUStee Top of thumb here O Trustee Top of thumb here
D Guardian or Conservator ~ Guardian or Conservator
0 omer: o other:
Signer Is Representing: Sic3ner Is Representing:
02007 National No[ary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • www.Na[ionalNOtary.org Itam #5907 Reortler: Call Toll-Free t-BOO-876-6827
EXHIBIIT "A"
LEGAL DE.:CRIPTION
SIDEWALK EASEMENT
VILLA SERRA /'APARTMENTS
ALL THAT CERTAIN REAL PROPERTY SITUATE IN "fHE 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 "fHE 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 RECORC~ED 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 1=EET;
NORTH 44°57'49" EAST, A DISTANCE OF 7.25 FEET;
NORTH 89°40'08" EAST, A DISTANCE OF 207.4e: 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-TAIVGENT CURVE TO THE LEFT, CONCAVE TO THE
WEST, HAVING AN ENDING RADIAL BEARING OF PJORTH 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 OF 21 .90 FEET TO THE MOSS- NORTHWESTERLY CORNER OF PARCEL
THREE OF SAID DOCUMENT NO. 16267440;
THENCE SOUTH 00°13'08" EAST, ALONG THE V~~EST 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 5
Ad m i nd ata/Leg al/207131 . P E D-ESMT. doc
THENCE SOUTH 89°47'00" WEST, ALONG THE I~IORTH 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 -fHE 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
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 63`02'46" EAST, A RADIUS OF 15.43 FEET, AN
ARC LENGTH OF 8.1 2 FEET, AND A DELTA ANGLE OF 30°09'42";
THENCE THE FOLLOWING COURSES AND DISTANCES:
NORTH 82°08'35" EAST, A DISTANCE OF 9.65 FEET;
NORTH 44°57'49" EAST, A DISTANCE OF 5.18 FEET;
NORTH 89°10'27" EAST, A DISTANCE OF 181.91 FEET;
SOUTH 44°57'38" EAST, A DISTANCE OF 7.49 FEET;
SOUTH 85°41'18" EAST, A DISTANCE OF 4.88 FEET;
SOUTH 00°27'15" EAST, A DISTANCE OF 6.1 O FEET;
NORTH 89°45'33" EAST, A DISTANCE OF 5.99 FEET;
THENCE NORTH 00°14'27" WEST, A DISTANCE OF 2.69 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 1JORTH 59°43'1 O" EAST, A RADIUS OF 20.00
FEET, AN ARC LENGTH OF 10.56 FEET, AND A DELTA ANGLE OF 30°15'06" 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 PIORTH 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-TANGENT CURVE TO THE LEFT, CONCAVE TO THE
EAST, HAVING A RADIAL BEARING OF SOUTH 70"44'15" EAST, A RADIUS OF 15.00 FEET, AN
ARC LENGTH OF 5.1 5 FEET, AND A DELTA ANGLE: OF 1 9°40'23";
SHEET 2 Of S
Ad m i n d a t a/Le g a 1/207131 . P E D-E S MT. d o c
THENCE THE FOLLOWING COURSES AND DISTA~JCES:
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°02'42" 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°57'38" 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 DE=LTA ANGLE OF 48°46'58" TO THE NORTH LINE
OF PARCEL B SHOWN ON SAID RECORD OF SUF:VEY, 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 PJORTH 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.
~FID S/j~,`
~ - CAB~F~o
~l
fif0.
~~~/ ~ /`
).1213~I09 J~`~i~c~
~~~ / /
O~
O F C A~-~~` _
SHEET 3 of 5
Adm ind ata/Leg a l/207'131 . P ED-ESMT. doc
LEGEND=
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIIdALS THEREOF.
- - BOUNDARY LINE
C , _ _ _ _ _ _:~ SIDEWALK EASEMENT 4NO~
PARCEL LINES POC POINT OF COMMENCEMENT
- - - - - STREET CENTERLINE TPOB TRUE POINT OF BEGINNING
TIE LINE
S/DEWALK EASEMENT PARCEL -7
AREA= 458 fSF
~~~ \~ TPOB HOMESTEAD ROAD (PUeuc Row)
J 3 ~ ~_
L O~~ S89 4700 "W 209.87'
1 ~C1 ~ L2- N89 40'08'E 207.42'
L7 PARCEL Di~JE
PARCEL 7sJa DJC i~10 18201%!=b0
JDG 1~1G
I 16~~7h11J
L/NE TABLE
L/NE LENGTH BEARING
LO 20. 14 N89'47'OO E
L 7 10. 75 N85 °OS'49'E
L2 7 25 N44 57'49 E
L 3 5.23 S44 57'38' E
L 4 4. 70 S82 30 34 "E
L 5 7 69 SOD °00'53 E
L 6 4.97 N89 59'07' E
L7 8.00 NDD'0329"W
L 8 3. 00 500'13'08 "E
L9 34.78 N89'47'00"E
L70 9.65 N8208'35'E
~~~~\R6~ TPOB
L9 T ~_~--
POC =' `U0 U7
~ I
GRAPHIC SCALE
8 16 24 32 4Q
1 inch = 4o ft.
5 E~
~
S89 47'00 °W
a 26 ~<R>
5
L8 21.so' N ~
_ _ o
~ C2 ¢
P AR CI:L rr~~gF L3 ~iIL7
I =
roc ,~1~ L4 I t'~
Isz~>~a~ L5 L6 ¢
'
I
LINE TABLE
L/NE LENGTH BEAR/NG
L 11 5.78 N44 57'49'E
L 72 7 49 S44 57'38'E
L73 4.88 S85°47'78'E
L74 6. JO S0027'>5'E
L 75 5.99 N89 45'33'E
L 76 2.69 N0074 27"W
CURVE TABLE
CURVE LENGTH RADIUS DEL TA
C1 770 20.00 22°02'46"
C2 8.27 15. 04 37 29 20"
C3 8. 12 75. 43 30 09'42"
C4 1056 20.00 30°75'06"
S/DEWALK EASEMENT PARCEL -2
AREA= 555 fSF
HOMESTEAD ROAD (PUBLIC Row)
S89 47'00 "W 206.99'
•N89'70 2T E c-~ = 181.98'
JJ/ l A ~ ~RR71 AP7.. PARCH l
1J-~L1-5/
~0 E
N5i ki ~R~
m
m
L72 C4 =
L 73 L 16'
L74 L75 ~
TO BE ACCOMPANIED BY A LEGAL DESCRIPTION EXHIBIT"B"
DATE: 09 29 08 SHEET
5 A N D 1 5 C1V1L an919..a. scAEE: ,°=ao• SIDEWALK EASEMENT
iiwin~nss DRAWN BY: SLK
APPROVED BY L.,c VILLA SERRA 4
605 Gztro Stitt[ I Mountain Vbw~ U 94041 I F. 650.969.6900 ~ 0. 650.969.6472 ~ 9rwvsandls.nae DRgW NG NO:
• - • • ~ • 207 ~ 3 ~ CUPERTINO CALIFORNIA of 5 sHeErs
~miai
3
LEGEN~~
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
- - BOUNDARY LINE
E . ___ _ - _ _ _,_ _;~ SIDEWALK EASEMENT AN
PARCEL LINES POC POINT OF COMMENCEMENT
- - - - STREET CENTERLINE TPOB TRUE POINT OE BEGINNING
TIE LIN E
TP O
'
~'~
~7 ``SE'
J
r
L77 /
m cs
POC °
° L>8
_
I
~ L79
~ '
GRAPHIC SCALE
O a ~ s za sz 40
1 inch = ao ft.
S/DEWALK EASEMENT PARCEL -3
AREA= 423 fSF
HOMESTEAD ROAD (PUBLIC Row)
S89 47'00"'W 375.07'
N89 47'54 'E 307.90'
mil/ / A S~rfRA AP7S PAFIC~L
J~{:J -'llJ"J
~
U I ~,
~ HOMESTEAD ROAD (PUeuc Row) ~~1 /~~11
U
_
~~ S89 4T00'W
~^ C6
37 5.07' S~~
~ ~ N89 4754'E 307.90' L23 L24
~ I JILLrI S rtr17J 71P7S PARCEL
LINE TABLE
L/NE LENGTH BEAR/NG
L 17 267.30 N89 47'OD'E
L 78 6.53 SOO'19'06'E
L79 6.04 N8944'S4'E
L20 6.58 N02'47'77'E
L27 3. 09 N85 02'42'E
L22 5.33 N44 57'49'E
L23 5.23 S44 57'38'E
L24 2.40 S82 27 38'E
~O LArv u SU~*,v
a'~P ~ CgQ~-9
v ®M~~
IU
U
i~
I ~
~~.~~ c~~+n~
i /09
CURVE TABLE
CUR /E LENGTH RAD/US DEL TA
CS 5. 15 15. 00 79'40 23"
C6 12.77 15.00 8"
BE ACCOMPANIED BY A LEGAL DESCRIPTION
DATE
SAND 1 S ~ :~iz.::= ""' SCAE
DRAM
APPR(
605 CasLO S[[eH ~ Moun[aln View. CA 94011 1 Y. 650.969.6900 ~ I. 659.969_64J3 ~ VrWW~endla.net w~.•
' ~ O F C A~-`~
EXHIBIT"B"
' SHEET
SIDEWALK EASEMENT
VILLA SERRA 5
f d