E-876 Grant of Easement for Sidewalk Purposes, APN 316-06-061, 316-06-063, 316-06-065, 316-07-049 RECORDING REQUESTED BY: 24424907
Regina Alcomendras
City of Cupertino Santa Clara County - Clerk-Recorder
03/09/2020 12:29 PM
WHEN RECORDED,MAIL TO: Titles: 1 Pages: 12
Fees: 0.00
Taxes: 0.00
City Clerk's Office Total: 10.00 I ` III 'y �I M1 y�
City of Cupertino 'III f���'IVI1111�1 II ���'L■1�rI11��XT 1`. T 0"'I +�`'i!` 1I
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27361.3
GRANT OF EASEMENT
FOR SIDEWALK PURPOSES
Cupertino, CA
APN 316-06-061
APN 316-06-063
APN 316-06-065
APN 316-07-049
Original
O Conformed Copy
(
Space above this line for Recorder's use.
GRANT OF EASEMENT
FOR SIDEWALK PURPOSES
APN 316-06-061,316-06-063,316-06-065,316-07-049 ("Property")
APPLE INC., a California corporation ("APPLE") grants to the CITY OF CUPERTINO
("CITY") a non-exclusive easement for public sidewalk purposes, together with the right to
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construct any and all improvements which shall be or become necessary for the operation of the
sidewalk (and to repair, operate and maintain any existing or future sidewalk improvements),
over the hereinafter described property which is situated in the City of Cupertino, County of
Santa Clara, State of California, and is described as follows ("Easement Area"):
(see Exhibits"A"& `B")
Nothing herein contained shall prohibit APPLE from constructing or allowing a third parry to
construct any improvement within the Easement Area, so long as such improvement does not
interfere with pedestrian use or CITY maintenance of the sidewalk within the Easement Area.
CITY will maintain, repair, and replace all sidewalks in the Easement Area pursuant to City of
Cupertino Public Works Procedures Number III-2 regarding Sidewalk/Curb and Gutter, as may
be amended from time to time, and the Easement Area shall be subject to the provisions of any
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successor ordinance, resolution, or policy concerning sidewalk maintenance. If, following thirty
days' written notice by APPLE to the CITY's Director of Public Works detailing maintenance,
repair, or replacement that is warranted pursuant to Cupertino Public Works Procedures Number
111-2, as may be amended, and any successor ordinance, resolution, or policy, CITY has not
performed such work (which may include temporary repairs), APPLE may perform or cause to
be performed such work to CITY standards, upon issuance of an encroachment permit by the
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Public Works Department,which issuance shall not be unreasonably withheld or delayed.
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CITY will reimburse APPLE for the cost of work pursuant to the above, based on documented
expenses, provided, however, that any reimbursement shall not exceed reasonable costs based on
recent CITY contracts for similar work. CITY will reimburse APPLE for work that costs $1,000
or more only if the work is conducted in compliance with the requirements for public works
contracts under Part 7 of Division 2 of the California Labor Code (Section 1720, et seq.).
This easement shall be a burden on the Property, which burden shall run with the land and shall
be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, executed this 1541 day of January, 2020.
APPLE INC.,
a California r ion
By:
Name:
Title: V. P �, �bba� f?jCgjj J6J-41 L
FaaI6'-r'es .
CITY OF CUPERTINO,
a municipal corporation
By:
Name: CW D file W r Y
Title: "r rr ENS rNc'Cr�
Approved as to form:
By: �� A'
Name: }e� e t m. urn n v,e
Title: C.�,, A -tusri e y
(Notary acknowledgment to be attached)
1138166.3
II
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Santa Clara )
On 2020 , before me, Terencia Tervalon, a Notary Public,personally appeared
Kristin, who 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 she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�— TERENCIA TERVALON
Signature �/� (Seal) J Notary Public•California
Santa Clara County
Commission p 2289071
"' "� My Comm.Expires May 19,2023
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which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
On �a'"� S �Z.o before me, Kirsten Squarcia ,Notary Public,
(Here insert name and title of the officer)
personally appeared C o S/e y
who proved to me on the basis of satisfactory evidence to be the person(,a'f whose name is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(*<), and that by his/her/their signatures on the instrument the personof, or the entity upon behalf of
which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
KIRSTEN SQUARCIA
forWITNESS my hand and official seal. Notary Dubuc-Cali
Z
y Santa Clara County >
Commission k 2257322
(N My Comm.Expires Oct 4,Z022
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Signature of Notary Publico Seal)
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EXHIBIT "A"
Sidewalk Easements
AREA 1:
All that real property situated in the City of Cupertino, County of Santa Clara, State of California,
being a portion of PARCEL 1 as shown on that certain Parcel Map filed December 19, 2014, in
Book 879 of Maps, at Pages 19 through 25 inclusive, in the Office of the County Recorder of
Santa Clara County, more particularly described as follows:
COMMENCING at the Northerly terminus of that course shown as "N 00°26'29"E 77.00 feet"
along the general Easterly line of said PARCEL 1; thence along said course, South 00°26'29"
West, 44.60 feet to the POINT OF BEGINNING; thence continuing along said course, South
00°26'29" West, 15.40 feet; thence at a right angle, North 89°33'31" West, 1.50 feet to a line
parallel with, distant 1.50 feet Westerly, measured at right angles from the course hereinabove
described as "South 00'26'29" West, 15.40 feet"; thence along said parallel line, North
00°26'29"East, 15.40 feet; thence at a right angle, South 89°33'31" East, 1.50 feet to the POINT
OF BEGINNING.
CONTAINING 23 square feet, more or less.
AREA 2:
All that real property situated in the City of Cupertino, County of Santa Clara, State of California,
being a portion of PARCEL 3 as shown on that certain Parcel Map filed December 19, 2014, in
Book 879 of Maps, at Pages 19 through 25 inclusive, in the Office of the County Recorder of
Santa Clara County, more particularly described as follows:
COMMENCING at the Northerly terminus of that course shown as "N 00°26'29"E 77.00 feet"
along the general Westerly line of said PARCEL 3; thence along said course, South 00'26'29"
West, 41.52 feet to the POINT OF BEGINNING; thence continuing along said course, South
00°26'29" West, 15.40 feet; thence at a right angle, South 89°33'31" East, 1.00 foot to a line
parallel with, distant 1.00 foot Easterly, measured at right angles from the course hereinabove
described as "South 00°26'29" West, 15.40 feet"; thence along said parallel line, North
00°26'29"East, 15.40 feet; thence at a right angle, North 89'33'31" West, 1.00 foot to the
POINT OF BEGINNING.
CONTAINING 15 square feet, more or less.
AREA 3:
All that real property situated in the City of Cupertino, County of Santa Clara, State of California,
being a portion of PARCEL 5 as shown on that certain Parcel Map filed December 19, 2014, in
Book 879 of Maps, at Pages 19 through 25 inclusive, in the Office of the County Recorder of
Santa Clara County, more particularly described as follows:
COMMENCING at the Northerly terminus of that course shown as "N 00°26'29"E 119.35 feet"
along the general Westerly line of said PARCEL 5; thence along said course, South 00026'29"
West, 21.31 feet to the POINT OF BEGINNING; thence continuing along said course, South
00°26'29" West, 98.05 feet to the Southerly terminus thereof; thence continuing along said
general Westerly line, South 02*12'04" East, 7.57 feet; thence North 02°12'27" East, 67.52 feet;
thence North 00°47'58" West, 22.05 feet;thence North 02°36'47" West, 10.12 feet; thence
North 12'52'47" West, 6.13 feet to the POINT OF BEGINNING.
CONTAINING 162 square feet, more or less.
AREA 4:
All that real property situated in the City of Cupertino, County of Santa Clara, State of California,
being a portion of PARCEL 1 as shown on that certain Parcel Map filed December 19, 2014, in
Book 879 of Maps, at Pages 19 through 25 inclusive, in the Office of the County Recorder of
Santa Clara County, more particularly described as follows:
COMMENCING at the Southerly terminus of that course shown as "N 05°42'00"E 125.68 feet"
along the general Easterly line of said PARCEL 1; thence continuing along said general Easterly
line, South 00013'24" West, 20.98 feet to the POINT OF BEGINNING; thence continuing along
said course, South 00013'24" West, 15.40 feet; thence at a right angle, North 89'46'36" West,
1.00 feet to a line parallel with, distant 1.00 feet Westerly, measured at right angles from the
course hereinabove described as "South 00'13'24" West, 15.40 feet"; thence along said parallel
line, North 00°13'24"East, 15.40 feet; thence at a right angle, South 89°46'36" East, 1.00 feet to
the POINT OF BEGINNING.
CONTAINING 15 square feet, more or less.
This real property description has been prepared by me,or under my direction, in
conformance with the Professional Land Surveyors Act.
Prepared by:
ANAL LAND
Luk &Associates, Inc. ��� `SG
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Jacq e Luke, PLS 8934
LS 8934
Date: 1/13/2020
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PRUNERIDGE DRIVE
HOMESTEAD ROAD
PARCEL 1
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879 M 19 PARCEL 1 i
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AREA 1 EASEMENT I z
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EXHIBIT B
SIDEWALK EASEMENTS
/ I NORTH TANTAU AVENUE
CUPERTINO, CA
SIDEWALK EASEMENT DECEMBER 2017 SCALE: 1"=100'
AREA 3 Prepared By
SEE SHEET 3 Luk and Associates
I Civil Engineers — Land Planners — Land Surveyors
% I 738 Alfred Nobel Drive
PARCEL 5 Hercules, California 94547
879 M 19 (510) 724-3388
SHEET 1 OF 4
F: Jobs FILE2013 13005A10 Plat and Legals TANTAU—EASEMENTS.dwg PLOT DATE: DEC. 20, 2017
LEGEND
NEW SIDEWALK EASEMENT
P.O.C. P.O.C. — — — — RIGHT—OF—WAY UNE
AREA 1 AREA 2 P.O.B. POINT OF BEGINNING
I 1 , P.O.C. POINT OF COMMENCEMENT
S.F. SQUARE FEET
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AREA 1 �1 S.F. S89'33'31"E
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1.50'
EXHIBIT "B"
SIDEWALK EASEMENTS
�. NORTH TANTAU AVENUE
CUPERTINO, CA
DECEMBER 2017 SCALE: 1"=10'
Prepared By
Luk and Associates
Civil Engineers — Land Planners — Land Surveyors
738 Alfred Nobel Drive
Hercules, California 94547
(510) 724-3388
SHEET 2 OF 4
F:\Jobs\FILE2013\13005AlO\Plat and Legal s TANTAU—EASEMENTS.dwg PLOT DATE: DEC. 20, 2017
LEGEND
NEW SIDEWALK EASEMENT
RIGHT—OF—WAY LINE
N�' P.O.B. POINT OF BEGINNING
P.O.C. P.O.C. POINT OF COMMENCEMENT
AREA 3 S.F. SQUARE FEET
M MAPS
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P.O.B.
AREA 3
N12!52'47W
6.13'
NO2*36'47*W
10.12'
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22.05'
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N0212'04'W EXHIBIT "B"
7.57' SIDEWALK EASEMENTS
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CUPERTINO, CA
FEBRUARY 2016 SCALE: 1"=10'
o Prepared By
Luk and Associates
o Civil Engineers — Land Planners — Land Surveyors
738 Alfred Nobel Drive
Hercules, California 94547
(510) 724-3388
SHEET 3 OF 41
F:\Jobs\FILE2O13\13OO5A1O\PIat and Legals\TANTAU—EASEMENTS.dwg PLOT DATE: DEC. 20, 2017
HOMESTEAD ROAD
LEGEND
' NEW SIDEWALK EASEMENT
— — — RIGHT—OF—WAY LINE
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
S.F. SQUARE FEET
M MAPS
PARCEL 1 w
879 M 19 N
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AREA 4
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EXHIBIT "B"
S89*46'36"E AMR U6 4 SIDEWALK EASEMENTS
1'00 0 15 S.F. NORTH TANTAU AVENUE
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O CUPERTINO, CA
E- FEBRUARY 2016 SCALE: 1"=20'
Prepared By
' z Luk and Associates
M Civil Engineers — Land Planners — Land Surveyors
0 738 Alfred Nobel Drive
Z Hercules, California 94547
(510) 724-3388
1
SHEET 4 OF 4
F:\Jobs\F1LE2013\13005A1O Plat and Legals TAN TAU—EASEMENTS.dwg PLOT DATE: DEC. 20, 2017