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D-384 DIRECTOR'S DEED OF REAL PROPERTY FROM THE STATE OF CALIFORNIA, SE END OF CLEO AVE ADJACENT TO HWY 85, APN 362-31-004 RES. 05-133 A FT RESOLUTION NO. 05-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A DIRECTOR'S DEED OF REAL PROPERTY FROM THE STATE OF CALIFORNIA, APN 362-31-004 LOCATED AT THE SOUTH EASTERN END OF CLEO AVENUE ADJACENT TO HIGHWAY 85 IN THE CITY OF CUPERTINO WHEREAS, the City has approved the acquisition of real property from the State of California Department of Transportation, APN 362-31-004, located at the south eastern end of Cleo Avenue adjacent to Highway 85; and WHEREAS, the State of California Department of Transportation has executed a Director's Deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to that certain real property to be utilized for public purposes, situated in the City of Cupertino and more particularly described in Exhibit A, attached hereto and made a part hereof, located at the south eastern end of Cleo Avenue adjacent to Highway 85 in the City of Cupertino. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Certificate of Acceptance of the property on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 16th day of August 2005,by the following vote: Vote Members of the Cily Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CERTIFICATE OF ACCEPTANCE This is to certify that the,interest in real property conveyed by Director's Deed by the State of California, Department of Transportation, dated July 18, 2005 , to the City of Cupertino, grantee, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned.officer on behalf of the Grantee, pursuant to authority conferred by resolution of the City Council on August 16, 2005. GRANTEE: City of Cupertino By: _ Title: City Manager Authorized Representative Date: August 17, 2005 COPY Documentary Transfer Tax: $0.00 _ Space above this line for Recorder's Use No Fee Per Government Code Section 6103 DIRECTOR'S DEED "'strict County Route Post: Number 4 SCI 85 16.0 DD-020832-01-01 JJJZQ d 3 (020832-01-01,020833-01-01,020834-01-01,059767-02-01) The STATE OF CALIFORNIA, acting by and through its Director of Transportation,does hereby grant to MY OF CUPERTINO,a California Municipal Corporation all that real property in the City of Cupertino , County of Santa Clara State of California,described as: 'Please see EXHIBIT"A"attached. MAIL TAX STATEMENTS T0: DOCUMENTARY TRANSFER TAX$ 0.00 ®COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,OR ❑COMPUTED ON FULL VALUE LESS LIENS&ENCUMBRANCES REMAINING THEREON AT TIME OF LE. Signature of declarant or agent d ermining -<,M name 'OtY OF CUPERTINO ❑Unincorporated Form RW 6-1(S)(Revised 01/00) Number DD-020832-01-01 EXHIBIT"A"' A portion of Cleo Avenue(46.48 feet wide)as described in PARCEL 1 in the Relinquishment No. 40230 to the City of San Jose recorded January 28, 1970 in Book 8813, Page 14, Official Records of Santa Clara County and portions of those parcels of land described in the deeds to the State of California recorded as follows: State Deed No. Recording Date Volume Paye 20832 05/28/1959 4432 25 20833 " 10/14/1958 4199 471 20834 08/03/1959 4500 526 all of Official Records of Santa Clara County,more particularly described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35°23'09"E:, 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County;thence along the Southeasterly prolongation of said course, South 35°23'09"East, 186.58 feet; thence South 72°21'32"East,43.63 feet;thence South 37'21'17"East, 17.39 feet to the Southerly line of said parcel(State Deed No. 20832); thence along last said line and the Southerly lines of said parcels(State Deed No. 20833 and 20834),North 89008'42"West, 167.63 feet to the Westerly line of said parcel(State Deed No. 20834);thence along last said line and its Northerly prolongation,North 00°51'10"East, 145.05 feet;thence North 47°16'03"West, 16.28 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23,2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along-said curve, from a tangent that bears North 29'44'22"East, along a curve to the left with a radius of 30.13 feet,through a central angle of 40054'55", an arc length'of 21.52 feet to the general Southerly line of that parcel of land described in said Director's Deed;thence along last said line, South 89°08'42"East, 13.84 feet to the Point of Commencement. EXCEPTING THEREFROM that portion of the above-described parcel of land lying within the bounds of said Cleo Avenue(46.48 feet.wide). CONTAINING 11,938 square feet,more or less. ALSO,the State of California, acting by and through its Director of Transportation,does hereby remise,release and quitclaim unto the hereinabove named grantee, all right,title and interest in and to said exception to above described real property,lying within the bounds of said Cleo Avenue(46.48 feet wide). CONTAINING 1,275 square feet,more or less. Number DD-020832-01-01 -2- There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State freeway. RESERVING unto the State of California,its successors or assigns, an EASEMENT for storm drain purposes with the right to construct,place,inspect, maintain,replace and remove facilities consisting of storm drain lines,fixtures and appurtenances, together with the right of ingress thereto or egress therefrom,upon,over,under, and across all that real property described as follows: COMNENCING at the Southeasterly terminus of that certain course described as, "S'35023'09"E., 148.00 feet"in that Director's Deed DD-020838-01-01 recorded February 13, 1998 under Recorder's Serial No. 14052911,Official Records of Santa Clara County;thence along the Southeasterly prolongation of said course, South 35°23'09"East, 186.58 feet;thence South 72°21'32"East, 43.63 feet;thence South 37'21'17"East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line.North 89°08'42"West, 19.09 feet to a line parallel with and distant 15.00 feet Southwesterly,measured at right angles from the course described above with the length of 17.39 feet;thence along last said parallel line, North 37021'17"West,0.85 feet to a line parallel with and distant 15.00 feet Southerly, measured at right angles from the course described above with the length of 43.63 feet; thence along last said parallel line,North 72°21'32"West,4391 feet to a line parallel with and distant 15.00 feet Southwesterly,measured at right angles from the course described above with the length of 186.58 feet;thence along last said parallel line,North 35°23'09"West, 193.46 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County;thence along last said curve, from a tangent that bears North 02'55'1 1"East, along a-curveto the left with a radius of 30.13 feet,through a central angle of 14°05'44",an arc-length of 7.41 feet to the general Southerly line of that parcel of land described in said Director's Deed;thence along last said line, South 89°08'42"East, 13.84 feet to the Point of Commencement. CONTAINING 3,693 square feet,more or less. The bearings and distances used in the above descriptions.are on the California Coordinate System of 1927,Zone 3.Multiply the above distances by 1.0000537 to obtain ground level distances. ' Numher DD-020832-01-01 -3- This real property description has been prepared by me,or under my direction, in conformance with the Professional Land Surveyors Act. Signature LiceLnlsdtanBumeyor �v�� 0 Date i�.5/�2oos JERRY ZHONG Exp.12MI05 No.7784 ®F CAS-��� Number nn-ozoaaz-oi-01 Subject to special assessments if any, restrictions, reservations,and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS m and and the seal of the Department of Transportation of the State of California,this day of L-J1*'r 20--v5 . STATE OF"CALIFORNIA 'DEPARTMENT OF TRANSPORTATION APPROVED-ASTO'FORM ANP P EDURE r' WILLA5M50N Dir ation ATTORNEY $ i - ` DEPARTMENT OF TRANSPORTATION I R.A.MACPHERSON Attorney in Fact %\ . Deputy District Director—Right of Way STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County of c'�h 5S On this the day of A"qjndt 20 —, , t)before metl.NN 1) .S . 1�.4DP%3 , IJ O Name,-Title of Officer-E.G.,Jane Doe,Notaryublicr personally appeared . A-. . Name of Signer ❑ personally known to me proved to me on the basis of satisfactory evidence. t be the person whose name is subscribed to the within instrument and acknowledged to me thathe she executed the same in hi er authorized capacity, and that by hi er signature on the instrument the person,or the en•ty upon behalf of which the person acted,executed the instrument. WITNESS my hand and offigial seal. S�NnIET:A T0NCommin*1347873 z Z Nota :Public-Califomia • :;ra-nada County M?'G Anm.Empires Jan 31,2006 ry Public' gnature In and for said County and State) (for notary seal or stamp) THIS IS TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the•foregoing deed at its meeting regularly called and held on the 14th day of July 2005, in the City of San Diego. Dated this 18th day of July 2005. DIANE C. EIDAM, Executive Director CALIFORNIA TRANSPORTATION COMMISSION Form RW 6-1(S)(Revised 02f05)