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E-442 GRANT OF EASEMENT FOR PUBLIC UTILITY, ROADWAY, SANITARY SEWER OVERLAND RELEASE, WATER LINE & STORM DRAIN, CRISTO REY DR J: IJ>1 ~'_ r ') /1 .~/ 1 li~I":/41~tL-1I:,{.~~.-L / ~j{tLl L U, ~ J.-. r '7-' I - / j -:1 /I '. ( c~ ~5 cJ. f.- /--. {/ RECORDING REQUESTED BY E-/.j 4 ~ DOCUMENT: 14274466 Titles: I I Pages: 32 -.1 ./1 H 11111111111111111 City of Cupertino , I Ij\ ~' ;0;0014274466;0; Fees .+ No Fees Taxes. Copies. AMT PAID City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company RDE ** 102 7/09/1998 3:31 PM WHEN RECORDED MAIL TO (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QE=:DWll D~ N [), qg-/5g 1 ., J' ..:dJJ~~: (off", - .'~) o Original o For Fast Endorsement RESOLUTION NO. 98-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANTS OF EASEMENT FOR PUBLIC UTILITY, ROADWAY, SANITARY SEWER, OVERLAND RELEASE, WATER LINE, AND STORM DRAIN PURPOSES FROM THE ROMAN CATHOLIC BISHOP OF SAN JOSE; LOCATED ON CRISTO REY DRIVE (APN 342-52-005) WHEREAS, The Roman Catholic Bishop of San Jose has executed Grants of Easement which are in good and sufficient form, conveying to the City of Cupertino, Grantee, easements for public utility, roadway, sanitary sewer, overland release, water line, and storm drain purposes over property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in the attached exhibits and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located on Cristo Rey Drive, APN 342-52-005. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grants so tendered; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said Grants of Easement simultaneously with the five final maps. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of June, 1998, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: . ~~ City Clerk ~, THIS IS TO CERTIFY THAT THE WITHIN NT IS A TRUE AND CORRECT COpy I~FSi~~McfRIGINAL ON FILE IN THIS OFFICE, ATIES"" .{!~ l' . t9:tl CITY CLERK F THe CITY. OF CUPERTINO 2~: / .t-~J;iM -' BY CITY CLERK GRANT OF EASEMENT SANITARY SEWER PURPOSES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Corporation Sole. hereinafter called Grantor, hereby grant(s) to the CUPERTINO SANITARY DISTRICT, a public corporation, hereinafter called Grantee, the right to excavate for, install, replace (of the initial or any other size), maintain and use for sanitary sewer purposes 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 & 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 locating, constructing, repairing, maintaining, or replacing said sanitary sewer or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said sanitary sewer; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said overland release 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 WIlNESS WHEREOF, executed this f r.r- day Of~, 199 L. OwneJ: The R)oma~ath)olic Bishop of San Jose, A California Corporation Sole '7 / ' '. . ~~7h' :-)""~;/ ./ J Rev. Micba,eI J. Mitchell, Attorney-in-fact Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation ~J~ ~~ H. Brett Melendy, Presidentf' (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers . Surveyors . Planners April 29, 1998 BKF Job No. 960069-20 DESCRIPTION OF 10' SANITARY SEWER EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State ofCalifomia being a portion of the Lands of the Roman Catholic Bishop of San Jose, described in that certain Certificate of Compliance recorded on September 2, 1987 in book K282 at page 1393 of Official Records of the County of Santa Clara, State of California being a strip ofland 10 feet wide, the center line of which is described as follows: BEGINNING at a point in the westerly line of said lands at the southerly terminus of the course having a bearing of North 40058'37" West, and a length of31.47 feet; thence along said line North 40058'37" West, a distance of 2.00 feet to the TRUE POINT OF BEGINNING; thence North 49001'23" East, a distance of37.60 feet; thence North 10012'14" East, a distance of 111.45 feet; thence North 54006'13" East, a distance of 8.83 feet to the westerly line of the sanitary sewer easement described in that certain document recorded on in Book of Official Records at page in the Office of the recorder of the County of Santa Clara, containing an area of 1,578 square feet more or less; The side lines of said 10' strip of land to be extended or shortened to terminate at the westerly line of said of lands and said easement. The bearing North 81011'40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. Dated:~ ~41 Expires: 3/31/98 K:IMAlN\I996\960069\LEGALS\FORUMSS. WPD Exhibit "A" Page 1 of 1 540 Price Avenue . Redwood City, CA 94063 . (650) 482-6300 . FAX (6501482-6399 \ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \\\ \ \ \ \\\\ \ \. \ "r EXISTING SANITARY 10' SEWER EASEMENT BK OR PG THE , , / ~ '5/ , i, ~- ~-! /4J 4J ~ ~/ /.- "<( C'I 4J :- 0::' o ff/ , ;/~ ,U I ' )' o'Y / .,~b<l ) ~~. / .' ~ / / ,-'},":>'/ .c' / ~Qj ~ cQ / 1.. / 11II ~ FORUM lIFECARE BK K282 OR PG 1393 INC. R=400,OO' ~tl.=37.55'43. L=264.79' o N II LANDS OF ROMAN CATHOLIC BISHOP OF SAN JOSE BK K282 OR PG 1391 P .O.B. R=700.00' ,6=12.45'00" ,,- L=155,77' irian .... fila Enllln_... . SUrYeyo... . Plonn.... 540 Price Avenue Redwood City, CA 94063 650/482-6.300 650/482-6399 (FAX) Subject EXHIBIT "B" 10' SANITARY SEWER LINE EASEMENT Job No, By RCS Date 04/10/98Chkd. SHEET 1 OF 1 State of California ) )SS. County of Santa Clara ) On this the 8th day of June 1998 . before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael 1. Mitchell. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. N (1'( \\ ~ C'\"< \~z.. Notary Public t~~~~~~~~~~~~i ,,_.. ~. MARTIN CORTEZ - .. Commission #1071664 z i . -,,; . ': Notary Public - CaHfomIo ~ 1 " " : Santo Clara Cou'tty ! _ .... ~ ~ ~~:~:;X~8I~~I~~ Witness my hand and seal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF S'aAlTc::t {!{Cll/l(p On 9 J"UA.IC/??? before me, Edward H. Schulte, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared, /I B;<z-err M.e L eA.Jdt/ personally known to me (or proved to me on the basis of sati{factory evidence) to be the person~ whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/sReI they executed the same in histRerltheir authorized capacity(~, and that by his/J:tefARetr signatu r~ on the instrument the person{et; or the entity upon behalf of which the person~acted, executed the instrument. WITN ESS my hand and official seal. ?l2~{!:t dvJJz, NOTARY PUBLIC SIGNATURE (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT &,eQA.JT (!,r EQS e J'f.-( eA/'/ ~,.u i72:u-{( S euJ~ 7iI~oS<.s DATE OF DOCUMENT B -::]U1Je. /YPf NUMBER OF PAGES S'/1t.. I' AJo A./.e_ SIGNER(S) OTHER THAN NAMED ABOVE GRANT OF EASEMENT OVERLAND RELEASE PURPOSES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Como ration Sole. hereinafter 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 overland drainage release purposes 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 & 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 locating, constructing, repairing, maintaining, or replacing said overland release or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said drainage release; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said overland release 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 fir-day of ~. 199 L. Owner: The Roman Catholic Bishop of San Jose, A California Corporation Sole I _ ) (};'Z-;;l(1}l~r( ./ ! I Rev. Michael J.,Mitchell, Attorney-in-fact / Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation H. Brett Melendy, Preside 'i} U (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers . Surveyors · Planners April 20, 1998 BKF Job No. 960069-20 DESCRIPTION FOR OVERLAND RELEASE EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose, as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at page 1393 of Official Records of the County of Santa Clara, State of California and being more particularly described as follows: BEGINNING at the most easterly corner of Parcel B as shown on that certain tract map entitled "Tract No, 9054, Oak Valley - Unit 1," recorded on in Book of Maps at pages inclusive, Santa Clara County Records; thence along the easterly line of said Parcel B North 33018'21" West a distance of 1143,03 feet to the TRUE POINT OF BEGINNING; thence continuing along said easterly line North 33018'21" West a distance of 147,70 feet; thence leaving said easterly line North 56041 '39" East a distance of 32.32 feet; thence South 22049'39" East a distance of 150.20 feet; thence South 56039'51" West a distance of5,OO feet to the easterly line of said Parcel B to the TRUE POINT OF BEGINNING, containing an area of 2,756 square feet more or less, A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B", This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. ~14] Expires: 3/31/2002 ~=~~''''' Exhibit "A" Page 1 of 1 540 Price Avenue. Redwood City, CA 94063 · (650)482-6300. FAX (650)482-6399 --------------------------------------------------------------------------- L(. name: ORE-7 North: 70922.5275 Line Course: N 33-18-21 W North: 71045,9680 Line Course: N 56-41-39 E North: 71063,7152 Line Course: S 22-49-39 E North: 70925.2793 Line Course: S 56-39-51 W North: 70922.5316 Perimeter: 335,22 East: 19160,8764 Length: 147,70 East: 19079,7732 Length: 32.32 East: 19106,7847 Length: 150,20 East: 19165,0560 Length: 5,00 East: 19160.8787 Area: 2,756 sq. ft. 0,06326 acres Mapcheck Closure - (Uses Error Closure: 0.0046 Error North: 0.00404 Precision 1: 72,730,13 listed courses, radii, and deltas) Course: N 28-49-23 E East: 0.00222 State of California ) )SS. County of Santa Clara ) On this the 8th day of June 1998 . before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael J. Mitchell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and seal. @ MARTIN COInII - ComrnlalonlJ10111M I -,,; . Notary P\j)Iic - CdIMIIIL _ . Santa Clara C j _ ,.. ~ ~ :~:~~x~es~~ ~ t l:tCAY \,:.. ~y \e.2 Notary Public GRANT OF EASEMENT for PUBLIC UTILITIES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Corporation Sole, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and use PUBLIC UTILITY 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 & 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 locating, constructing, repairing or maintaining said PUBLIC UTILITY EASEMENT for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building materia during the time of constructing said EASEMENT 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. Q/- il t;/ IN WITNESS WHEREOF, executed this ~day of', """- , 199-+J-' V Owner: The Roman Catholic Bishop of San Jose, A California Corporation Sole ~ " 1).';f Rev. Michiel J Mitc~ell, Attorney-in-fact ./ Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation CYJ ~ H. Brett Melendy, Presid t (Notary acknowledgment to be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 5~.uT4. {! ire ttC( On 7'<h lUe /Y9f? before me, Edward H. Schulte, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, 1/. $;C~TT /!~<! L -e1'0' cI V personally known to me (or proved to me on the basis of satisf~tory evidence) to be the person~ whose namefe} is/afe subscribed to the within instrument and acknowledged to me that he/wI they executed the same in his/Aer/tAeir authorized capacity~), and that by his/Rer/tQeif signature(.Eij on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. C1I)y~Jp/lz;(SEAL) NOTARY PUBLIC SIG ATURE Edwara H. Schulte . Comm. 'HI72501 Cl ~ ~- .: NOTMY PUIILlC. CALlFO"NlAn ~ S"NT" CLA"" oeUNTY . , Comm. Exp. Sept. 21,1," ... OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT fr,ecU.JT of &5(#!f',uT uveJ<LQd ??eleCt-sf' ~}<..PGt5es / DATE OF DOCUMENT 8~.ue /998 NUMBER OF PAGES Set/~';u M.,u~ SIGNER(S) OTHER THAN NAMED ABOVE Brian Kangas Foulk Engineers . Surveyors . Planners April 20, 1998 BKF Job No, 960069-20 DESCRIPTION OF PUBLIC UTILITY EASEMENT WITHIN THE FORUM AREA All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Lands of the Roman Catholic Bishop of San Jose, described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 of Official Records at page 1393 at the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: BEGINNING at the most northeasterly corner of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book D 197 of Official Records at page 696 at the Office of the Recorder of the County of Santa Clara; thence along the northerly line of said parcel, South 81011'40" West, a distance of 164,55 feet to the TRUE POINT OF BEGINNING; thence continuing along said line, South 81011 '40" West, a distance of 49.45 feet to an angle point in the westerly line of said Lands of the Roman Catholic Bishop of San Jose; thence along the westerly line of said lands, North 33018'21" West, a distance of297.1O feet; thence North 56041'39" East, a distance of 20,00 feet; thence South 33018'21" East, a distance of 151.33 feet; thence North 53016'08" East, a distance of25,04 feet; thence South 33018'21" East, a distance of 167,77 feet to the TRUE POINT OF BEGINNING, containing an area of 10,066 square feet more or less, The bearing North 81011'40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings, A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. Dated: ~+ -I 5~ ~dley A, Bilbo, P,L.S, 6141 Expires: 3/31/2002 K:IMAIN\I996\960069\LEGALS\FOR]UE.WPD Exhibit "A" Page 1 of 1 Lot name: FOR PUE 2 North: 69974.8108 East: 19837.3922 Line Course: S 81-11-40 W Length: 49.45 North: 69967,2409 East: 19788.5251 Line Course: N 33-18-21 W Length: 297.10 North: 70215.5427 East: 19625.3851 Line Course: N 56-41-39 E Length: 20.00 North: 70226.5248 East: 19642.1001 Line Course: S 33-18-21 E Length: 151.33 North: 70100.0506 East: 19725.1966 Line Course: N 53-16-08 E Length: 25.04 North: 70115.0260 East: 19745.2650 Line Course: S 33-18-21 E Length: 167.77 North: 69974.8120 East: 19837.3888 Perimeter: 710.69 Area: 10,066 sq. ft. 0.23108 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0036 Course: N 71-06-53 W Error North: 0.00117 East: -0.00342 Precision 1: 196,450.22 State of California ) )SS. County of Santa Clara ) On this the 8th day of June 1998 . before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael J. Mitchell. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ~Q~ \ ,'v- (~,~~ Notary Public - ~ ~.- ~ ::;~-~ l ) a Commission #1011661 ~ i -,,; Notory PU)lic - CalfomIa _ . Santo Clora ~ 1_ ... ~ ~cO.:,;:;x~....~lC:l~ t Witness my hand and seal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Savitt Cl.A..rtq On 7JU'u(:./i?8 DATE before me, Edward H. Schulte, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, personally known to me (or proved to me on the basis of s~ti factory evidence) to be the personfs}. whose name(6-) is/8fe subscribed to the within instrument and acknowledged to me that helsAe/ tRey executed the same in his/fler'4Beir authorized capacityfies-), and that by hi&lRer/#leir signature(s) on the instrument the person~), or the entity upon behalf of which the perso~) acted, executed the instrument. WITNESS my hand and official seal. ff~~~h NOT RY PUBLIC SIGNATURE (SEAL) Edward H. Schulte . Comm. .1072511 : NOT AftY PUBLIC. CALlFOIIHIAO SANTA CLAIlA COUNTY Comm. Elp. Sept. 21. 1!te1 .. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT G,ea.vT of bt:i..5-C/t1e.uT r;.e Tlti/..iC UTI Lit; ~s DATE OF DOCUMENT gr'u~ /<f9q" NUMBER OF PAGES 5ev-eA:./ AJo.A-Je_ SIGNER(S) OTHER THAN NAMED ABOVE GRANT OF EASEMENT for WATERLINE APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Corporation Sole, hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and use WATER LINE 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 & 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 locating, constructing, repairing or maintaining said WATER LINE EASEMENT for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building materia during the time of constructing said EASEMENT 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 g.-r day of ~;"".L ,199 $.. Owper: '. The Roman CathOlic, Bishop of San Jose, A California Corporation Sole ).~4lt )~4 Rev. ~icbael JJMitcheU, Attorney-in-fact / Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation ~J. H. Brett Melendy, Presid (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers · Surveyors . Planners April 20, 1998 BKF Job No. 960069-20 DESCRIPTION OF WATERLINE EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Lands of the Roman Catholic Bishop of San Jose, as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 of Official Records at page 1393 in the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: BEGINNING at the most northerly comer of the parcel described in said Certificate of Compliance recorded in Book K282 of Official Records at page 1391; thence along the northerly line of said parcel South 65058'26" East, a distance of 40.03 feet to an angle point in the westerly line of the parcel described in Book K282 of Official Records at page 1393; thence along said westerly line the following seven (7) courses: 1. South 5002'20" West, a distance of 159.35 feet; 2. South 1027'23" West, a distance of 100.00 feet; 3. South 1 016'37" East, a distance of 100.00 feet; 4. South 3002'54" East, a distance of 68.84 feet to the beginning of a tangent curve to the left; 5. along said curve having a radius of 400.00 feet, through a central angle of37055'43", an arc length of 264.79 feet; 6. South 40058'37" East, a distance of31.47 feet to the beginning of a tangent curve to the left; 7. along said curve having a radius of 700.00 feet, through a central angle of 0024'33", an arc length of 5.00 feet to the TRUE POINT OF BEGINNING; thence North 49001'23" East, a distance of28.41 feet; thence South 40058'37" East, a distance of 37.00 feet; thence North 49001'23" East, a distance of 59.25 feet; thence North 69001'23" East, a distance of30.50 feet to the westerly line of the existing water line easement; thence along said line South 23057'29" East, a distance of 10.01 feet; thence South 69001'23" West, a distance of 29.26 feet; thence South 49001'23" West, a distance of 67.48 feet; thence North 40058'37" West, a distance of 37.00 feet; thence South 49001 '23" West, a distance of 18.27 feet to the westerly line of said parcel described in Book K282 of Official Records at page 1393 and the beginning of a non-tangent curve to the right, from which point a radial line bears North 47047'43" East; thence along said curve having a radius of 700.00 feet, through a central angle of 0049'07", an arc length of 1 0.00 feet, to the Exhibit "A" Page 1 of2 540 Price Avenue · Redwood City, CA 94063 · (650) 482-6300 . FAX (650) 482-6399 TRUE POINT OF BEGINNING, containing an area of 1,536 square feet more or less. The bearing North 81011'40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. ~ ey A. Bilbo, P.L.S. 6141 Expires: 3/31/2002 Dated: 3!1.fj {Cf8 K:\MAIN\l996\960069\LEGALS\FOR_ WL.WPD Exhibit "A" Page 2 of2 S 01'6'37" E 100.00' LANDS OF THE ROMAN CATHOLIC BSHO? OF SAN J03E BK K2D2 OR ?G J39J .............................. DE Y AiL:' o'r' wA ifR~ 'L~NE" ~'AsEMEWf""" .. s' 23:5 "7'"2,9'':' ~ ~ ~ S 05'02'20" W SCALE 1 - 30 N 69'01'23" E 1 O.~,- -V : ___159.35' #0 ~ 30.50' J..-'- ): ''k~ /",- 'fl : ~~ '/ ~~~: ..q~'O. ~ -69"0",: + A '" ~. ~'\.... ""'S '2.9.'2.6 : ~ /-, ~ ~~ >y 1 / . / ''''0. #0 v~<?~ '\, ~ : u'..)"'~. ~'9./~tr-O~~tO : / ~~.." .~~~ "~~~~~"J~;~'" E / '''0. < ~~~ "'f~ : \S' u'}\t~. ~tr- 9 ~"J : : "'.9. 'O~u'..)~ ~ ~~~' : : ~/ 0,,0 : ~O". "' ~ ~?.. : : 6"" .,."(S'''~ 6 ..' '~i:"~ ~ / : tj,"J/ ~.,.o or;s ... ~ " : ~"j/ ~ 9" ...~ : ~-~ ~,~ : ~ ."" .. .... ........ .,~ ... ... ... ... ........... ........... .......... ............. ...... ....... ............... .' ".... .:~ /..'" ~ S 01 '27'23" W __..___100.00' S 03'02'54" E 67.84' THE FORUM BK K282 OR PG 1393 o o II R=700.00' A=00'24'33- l=5.00' T.P.O.B. WATER LINE EASEMENT (AREA = 1,536 SQ. FT. :i:) SEE DEl All ABOVE ~ "/? ^' // ,V / R= 700.00' ~ A=11'31'20" l=140.77' 11II ~ 540 Price Avenue Redwood City, CA 94063 650/482-6300 650/482-6399 (FAX) Subject EXHIBIT "B" WATER LINE EASEMENT 960069-20 Dote 04/20/98Chkd. SHEET 1 OF 1 ........ r..k Enllln..,. . Surveyors . Planners Job No. Sy RCS --------------------------------------------------------------------------- Lot name: W A TERLN 1 North: 71485,7449 East: 18592.2773 Line Course: N 49-01-23 E Length: 28.4083 North: 71504.3738 East: 18613.7249 Line Course: S 40-58-37 E Length: 37.0000 North: 71476.4398 East: 18637.9878 Line Course: N 49-01-23 E Length: 59.2460 North: 71515.2906 East: 18682.7170 Line Course: N 69-01-23 E Length: 30.4977 North: 71526.2086 East: 18711.1934 Line Course: S 23-57-29 E Length: 10.0136 North: 71517.0577 East: 18715.2596 Line Course: S 69-01-23 W Length: 29.2552 North: 71506.5846 East: 18687.9433 Line Course: S 49-01-23 W Length: 67.4828 North: 71462.3324 East: 18636.9956 Line Course: N 40-58-37 W Length: 37.0000 North: 71490.2664 East: 18612.7326 Line Course: S 49-01-23 W Length: 18.2654 North: 71478.2888 East: 18598.9427 Curve Length: 10.0012 Radius: 700.0000 Delta: 0-49-07 Tangent: 5.0006 Chord: 10.0010 Course: N 41-47-44 W Course In: N 47-47-43 E Course Out: S 48-36-50 W RP North: 71948.5359 East: 19117.4672 End North: 71485.7449 East: 18592.2773 Perimeter: 327.1700 Area: 1,536 sq.ft. 0.03526 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: N 73-36-49 W Error North: 0.00002 East: -0.00008 Precision 1: 4,032,482.9263 State of California ) )SS. County of Santa Clara ) On this the 8th day of June 1998 . before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael 1. Mitchell. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and seal. l~---~-=~~-l ~ _. Notary N:llIc - CalfomIa - Z Santo Claro ~ 1- _ _ ~ :",:,,:..~.._,",: ~ ~ t ~f1X \ \\A.l'f \e l. Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ST A TE OF CALIFORNIA C /i" COUNTY OF vC1...~..JTQ LLcl H'(,9 On J;;.,.ue 7, /9?J7 before me, DATE Edward H. Schulte, Notary Public NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC" personally appeared, personally known to me (or proved to me on the basis of satis ctory evidence) to be the person~ whose name{s-) is/8fe subscribed to the within instrument and acknowledged to me that helsfote/ they executed the same in his/her/tMeir authorized capacity(1es), and that by his/ner/tMJfr signatur~ on the instrumentthe perso~, orthe entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. d2~cR7f-JiJz/ NOTARY PUBLIC SIGNATURE (SEAL) 't--- .-. .-. .-. ..... ..... .... .... .-. JO. ..... _ .- ~ v . ,"".. Edwar. H. Schulte:' Cl -. . Comm. .1072501 · ~ ' : NOTAII'" ~uellC, CAlIFO"NIA' "' SANr A CLARA COUNlY () " Comm. Exp. s.". 21,1," .. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT GM,UT of b,s'e.A4edT TOL l.ubTeJ-! !-/.-u-e DATEOFDOCUMENT 8JU,<Je 17ft? NlJMBER OF PAGES Eli/iT SIGNERlS) OTHER THAN NAMED ABOVE A/o~e GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 342-52-005 Cristo Rey Drive The Roman Catholic Bishop of San Jose. A California Corporation Sole, grant(s) to the CITY OF CUPERTINO for public roadway 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" & "B") IN WITNESS WHEREOF, executed this <2:-<day of j;.4~ , 199 Y. Owner: The 1:-0 an CathOtIC, Bishop of San Jose, A California Corporation Sole . )" <>u1.\ r;P;;f ,/ . / Rev. Micha~l J. Mitchell, Attorney-in-fact ,./ Lessee: Rancho San Antonio Retirement Housing Corporation, A Nonprofit Corporation \l ~14 ~ H. Brett Melendy, President (Notary acknowledgment to be attached) Brian Kangas Foulk Engineers · Surveyors · Planners April 20, 1998 BKF Job No. 960069-20 DESCRIPTION FOR PUBLIC ROADWAY EASEMENT AND PUBLIC UTILITY EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at page 1393 of Official Records of the County of Santa Clara, and being more particularly described as follows: BEGINNING at the most easterly comer of Parcel B as said comer is shown on that certain tract map entitled "Tract No. 9054, Oak Valley - Unit 1," recorded on in Book of Maps at pages , inclusive, Santa Clara County Records; thence along the westerly line of said lands North 81011' 40 " East, a distance of 214.00 feet; thence continuing along said lands South 12056'32 " East, a distance of245.07 feet and South 09027'06" East, a distance of 82.82 feet to the TRUE POINT OF BEGINNING and the beginning of a non-tangent curve to the left from which point a radial line bears South 15036' 10" West; thence along said curve having a radius of 206.00 feet, a central angle of 20030'16", an arc length of 73.72 feet; thence North 85005'54" East, a distance of 124.25 feet; thence North 34009'52" East, a distance of26.13 feet to the westerly line of a 30 foot wide ingress and egress easement as said easement is described in Book 9050 at page 358, Santa Clara County Records; thence along said line South 04054'06" East, a distance of 88.55 feet; thence leaving said line North 46056'55" West, a distance of 24.59 feet; thence South 85005'54" West, a distance of 124.25 feet to the beginning of a curve to the right; thence along said curve having a radius of256.00 feet, a central angle of 15022'25", an arc length of 68.69 feet to the westerly line of said lands of the Roman Catholic Bishop of San Jose; thence along said westerly line North 09027'06" West, a distance of 54.06 feet to the TRUE POINT OF BEGINNING, containing an area of 10,910 square feet more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. ~.. ~~~. 1 ~141 Expires: 3/31/2002 I Dated: f ~ 118 K:\MAIN\I996 Exhibit "A" Page 1 of 1 540 Price Avenue · Redwood City. CA 94063 · (650) 482-6300 · FAX (650)482-6399 \ \ \ , \ , \ " \. .... , '.... " .... " .... .... .... .... .... '-..... " ...... " .... " .... " .... , "" "'0.' " ~Cl %.1' '\ " ~<": 1:> \. , J'J' \. '\ .90-t ~ -?<<,: \. , V~).\. , 01l~~ a \. \.. "'.s: \S' ~ ~t... ' f'7'I" 19 ~ ~~' , ~)' ~~ ,@ <1-.... / , @ ~/ ~<:;) "- , -\. ~~ r-... / ~~ ~~ / 1"2\ \. / o~<:;)~c,<r.,~ 'S- / 0, CD / c.. ~-\. ~ c,~' / \. 1 " f.()v ~'" ~c / @ \. d'~d' 06', \ ~ ." ~-\5 ~~ ,c?> / 6 \. :.:>., /.>, \.\. " f-7\ <9" ~ , ." 0 Vo ~ 'r 0..(\ ~-~ ~ < a~ :f$> 0 ~Q~ ~ J.~0 "I.Y~ . <9,,~ Vo ~ q- o~ /l2 ~ ~ < a~ :f$> 0 ~r:'I~~ '"~ 4 j, (\ "I.Y~ . COUNTY OF SANTA CLARA L1"S0 MAPS 4J P AFICEL 8 TRACT NO. 9054 OAK VALLEY UNIT J BOOK _MAPS PAGES _ CD ~ =20'30'16" R=206.00' @ N 8S'OS'S4" E 124.2S' G) N 34'09'S2" E 26.1.3' @ S 04'S4'06" E 88.SS' @ N 46'S6'SS" W 24.S9' @ S 8S'OS'S4" W 124.2S' CD ~ =1S'22'2S" R=2S6.00' @ N 09'27'06" W S4.06' L=73.72' L=68.69' 540 Price Avenue Redwood City, CA 9406.3 6S0/482-6300 6S0/482-6399 (FAX) Sub j ect irian.... fIlA Engln"" . Surveyo,.. . Plonn.,.. Job No. By JMP \. \. \. , \. \~'~ ,%, ~\ EXHIBIT "B" PUBLIC ROADWAY & UTILITY ESMT 960069-20 Date 04-20-98Chkd. BAB SHEET 1 OF 1 ------------------------------------------------------ Lot name: PRE-5 North: 69679.4629 East: 20068.4876 Curve Length: 73.72 Radius: 206.00 Delta: 20-30-16 Tangent: 37.26 Chord: 73.33 Course: S 84-38-58 E Course In: N 15-36-10 E Course Out: S 04-54-06 E RP North: 69877.8717 East: 20123.8947 End North: 69672.6251 East: 20141.4965 Line Course: N 85-05-54 E Length: 124.25 North: 69683.2418 East: 20265.2921 Line Course: N 34-09-52 E Length: 26.13 North: 69704.8625 East: 20279.9660 Line Course: S 04-54-06 E Length: 88.55 North: 69616.6363 East: 20287.5322 Line Course: N 46-56-55 W Length: 24.59 North: 69633.4228 East: 20269.5633 Line Course: S 85-05-54 W Length: 124.25 North: 69622.8062 East: 20145.7677 Curve Length: 68.69 Radius: 256.00 Delta: 15-22-25 Tangent: 34,55 Chord: 68.48 Course: N 87-12-53 W Course In: N 04-54-06 W Course Out: S 10-28-19 W RP North: 69877.8699 East: 20123.8935 End North: 69626.1338 East: 20077.3645 Line Course: N 09-27-06 W Length: 54.06 North: 69679.4600 East: 20068.4870 Perimeter: 584.24 Area: 10,910 sq.ft. 0.25047 acres Mapcheck Closure - (Uses Error Closure: 0.0030 Error North: -0.00299 Precision 1: 191,791.09 listed courses, radii, and deltas) Course: S 11-20-37 W East: -0.00060 State of California ) )SS. County of Santa Clara ) On this the 8th day of June 1998 . before me, Martin Cortez, the undersigned notary public for the state, personally appeared Rev. Michael 1. Mitchell. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. t-\.1lV" \\'\A Co\~e.2. Notary Public t - -.~ - -:::~--l - (jj Commllllon#I071664 Z I -. . Notary PIbIIc - CoIforria ~ '" : Santa CJara CouUy 1_ __ ~ .;~,o:m:...~.~~I~~ 1 Witness my hand and seal. CALIFORNIA ."'. .,~.,~ ":'11, ~.:..~.' '.... .1:" ALL-PURPOSE :. r.. .~.:' !J...... ". . ~: "i~~ ~ t :1 ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF SQ.,NTC<. Cbt..J<Q On JU.u e ~ /77f' ATE before me, Edward H. Schulte, Notary Public NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared, JI 8~ €--r TAle L eA.J c!t./ I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose namef9) is/afe subscribed to the within instrument and acknowledged to me that hetsRe/ they executed the same in his/herAflefr authorized capacity~), and that by his/Rer~r signaturefs) on the instrument the person(8t, orthe entity upon behalf of which the person~ acted, - executed the instrument. WITNESS my hand and official seal. ak;J!JI~Lk NOTARY PUBLIC SIGNATURE (SEAL) ~.....-...--.........................._- (j ."..' EdwNrd H. Schult8!' Comm.11072511 ~ : NOT""v PUIlIC . CALIFORNIA ~ SANTACLARACOUNTY () Cemm. Ex,. 5ep(. 21,1",_ OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT (;1Z.a,Ut of &Sr>~WT h~ 'Jf~(fi( f?r,e/,CJS'~ / ' DATE OF DOCUMENT 'CJ;;..ve 8} /ry? NUMBER OF PAGES S"e..V-e".J SIGNER(S) OTHER THAN NAMED ABOVE A./ouL f)-/g~ E- ~ f -'-1 ''/ :)~ RESOLUTION NO. 98-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANTS OF EASEMENT FOR PUBLIC UTILITY, ROADWAY, SANITARY SEWER, OVERLAND RELEASE, WATER LINE, AND STORM DRAIN PURPOSES FROM THE ROMAN CATHOLIC BISHOP OF SAN JOSE; LOCATED ON CRISTO REY DRIVE (APN 342-52-005) WHEREAS, The Roman Catholic Bishop of San Jose has executed Grants of Easement which are in good and sufficient form, conveying to the City of Cupertino, Grantee, easements for public utility, roadway, sanitary sewer, overland release, water line, and storm drain purposes over property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in the attached exhibits and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located on Cristo Rey Drive, APN 342-52-005. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grants so tendered; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said Grants of Easement simultaneously with the five final maps. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 151h day of June, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: ~~ City Clerk ~, THIS 15 TO CERTIFY THAT THE WITHIN NT 15 A TRUE AND CORRECT COpy I~FS~~~MOERIGINAL ON FILE IN THIS OFFICE. . I. q(/ A TrEST ((./ j... , 19..L.d. CITY CLERK /. F TH CITY. OF {UPERTINCI )</1.1>'-.<:, .t7>-klA.'J:~ -' BY CITY CLERK