E-463 GRANT OF EASEMENT FOR PUBLIC ART PURPOSES, 10023 S. DE ANZA BLVD
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DOCUMENT: 14648163 Titles:1 / Pages: 7
RECORDING REQUESTED BY
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.0014648163.
Fees....* No Fees
Taxes.
Copies.
AMT PAID
City of Cupertino
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE "* 003/020
2/09/1999
1 : 19 PM
WHEN RECORDED, MAIL TO:
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
GRANT OF EASEMENT
FOR PUBLIC ART PURPOSES
10023 SOUTH DE ANZA BOULEVARD
APN 359-08-019
Original
o For Fast Endorsement
RESOLUTION NO. 99-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR PUBLIC ART PURPOSES FROM
MARDESICH COMPANY, A CALIFORNIA GENERAL PARTNERSHIP,
10023 SOUTH DE ANZA BOULEVARD, APN 359-08-019
WHEREAS, Mardesich Company, A California General Partnership, has
executed a Grant of Public Art Easement which is in good and sufficient form, granting to
the City of Cupertino, County of Santa Clara, State of California, easement over certain
real property for public art purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto 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 at 10023 South De Anza
Boulevard.
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 1 st day of February, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
/S/KIMBERLY SMITH
City Clerk
IS/WALLY DEAN
Mayor, City of Cupertino
GRANT OF
PUBLIC ART EASEMENT
APN: 359-08-019
10023 S. De Anza Blvd.
Mardesich Company. A California 2eneral partnership, 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 public
art purposes as Grantee shall from time to time elect within the hereinafter described property of
certain premises which are situated 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 public art or appurtenances thereto, for the
purpose of doing any necessary or lawful act in connection with the construction or maintenance
of said public art; there is also granted herewith 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 public art 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.
The Grantee further agrees that such excavation or building materials are to be removed
form said contiguous land within a reasonable period of time and said placement of materials
shall not interfere with the normal operation of existing facilities or land use.
IN WITNESS WHEREOF, said parties have executed this Grant of Easement this 1:4 -rt,
day of At.{t:!{- , 19~
Owners:
Mardesich Company,
A California general partnership.
Attached: Resolution
No. 99-035
(Please attach appropriate notary acknowledgment(s) on an 8-1/2" x II" sheets)
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C:\My Documents\GrntDeds\Easement\8732.20\Grantesm.art.doc 7/24/98 2:40 PM
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EXHIBIT" A"
PUBLIC ART EASEMENT
Being an easement for Public Art purposes and being a portion of the lands ofMardesich
Company, a partnership, as described in the Grant Deed recorded in Book 6143 of Official
Records at Page 144, Santa Clara County Records, and being more particularly described as
follows:
Commencing at the Northwest comer of Parcel One of aforementioned lands of
Mardesich Company, being a point 75.00 feet southerly of the centerline of Stevens Creek
Boulevard; thence along the northerly line of said lands of Mardesich 75.00 feet southerly and
parallel with the centerline of Stevens Creek Boulevard, N 89058' E, 309.08 feet; thence along a
curve to the right with a radius of 110.00 feet, through a central angle of23015'22", for a distance
of 44.65 feet to a Point of Compound Curve; thence along a curve to the right with a radius of
30.00 feet, through a central angle of 38007'09", for a distance of 19.96 feet; thence leaving said
boundary of the lands ofMardesich S 61020'31" W, 0.55 feet to the True Point of Beginning of
the herein described Public Art Easement; thence N 60057'42" W, 12.00 feet; thence
S 29002' 18" W, 12.00 feet; thence S 60057"42" E, 12.00 feet; thence N 29002' 18" E, 12.00 feet to
the Point of Beginning.
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STEVENS
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POINT OF
COMMENCEMENT
NW CORNER
PARCEL 1
6143 OR 144
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POINT OF
COMPOUND CURVE
TOTAL CURVE
R=30.00'
.6.=51"12"28"
L=26.81'
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L=19.96'
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N 60"57' 4~" W
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TRUE POINT
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R=290'
.6.=15"32'10"
L=78.63'
APN 359-08-19
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SHOWING A PUBLIC ART EASEMENT ON
THE LANDS OF MARDESICH CO.
~ ARCHITECTURE . ENGINEERING · ENVIRONMENTAL SERVICES
1137 N. McDOWELL BLVD. PETALUMA, CA 94954 (707) 765-1660
GROUP INC. JOHN W. JOHNSON, ARCHITECT JAMES H. RAY, CIVIL ENGINEER
RHLH: 8732.20
OWN BY: AJS
OA TE: 6/98
SHEET : 10F1
+
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 12, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Nick
Mardesich, proved to me on the basis of satisfactory
evidence 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 persons acted,
executed the instrument.
WI~S my hand and official seal.
~~uJ~
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORA TE OFFICER
Grant of Public Art Easement
TITLE OR TYPE OF DOCUMENT
~PARTNERS
DLlMITED
&GENERAL
ATTORNEY-IN-FACT
DTRUSTEE(S)
DGUARDIAN/CONSERVA TOR
DOTHER
Three
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Mardesich Co.
August 12. 1998
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE