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E-541 Construction Easement, Stevens Canyon Rd TEMPORARY CONSTRUCTION EASEMENT Whereas, the City of Cupertino, a municipal corporation of the State of California, hereinafter called "City", is about to havf; constructed certain improvements along Stevens Canyon Rd, in the City of Cupertino. Whereas, the undersigned Canyon Heights Academy Properties, Inc., hereinafter called "Owner", are the owners of the real property adjacent to the work. Owner hereby grants to City, its officers, agents, and employees; its contractors and their respective officers, agents, and employees; a temporary construction license for the construction of improvements on their ~~roperty and the adjacent City R-O-W as shown on the project plans and specificaticros. Said License shall expire when the construction of said public improvements are .accepted by the City Council. City agrees to defend, indemnify, and hold ~~wner harmless against any and all claims, damages, losses, demands, or causes oi' action arising out of any negligence or intentional misconduct on the part of the City, its agents, employees, assignees, or contractors in the course of City's performance under this license. Owner agrees to defend, indemnify, and hold City harmless against any and all claims, damages, losses, demands, or causes oi' action arising out of any negligence or intentional misconduct on the part of Owner, its agents, employees, assignees, or contractors in the course of Owner's performance under this license. The City agrees to repair any damages to the Owner's property that incurred as a result of the construction. Dated: ~ ~ / Z - O Z Owner: (:anyon Heights Academy Properties, Inc `~~~ ~ --~ P ichael T. Ga ghe President Notary Acknowledgment required CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `~ State of California } ss. County of ~ Gtrl ~G?h G•S C~J J On ~'~` - Oo2 ,before me, /~ . U~.~Ca , , Date Name and Title of Off-ic//er (e.g., "Jane Doe, Notary Public") personally appeared ~ r Ch ~i. ~ ~~-~ GZ.. ~~ 0. GYM] ~ , Name(s) of Sign r(s) r h ~~ h A. VElATCO `~ Commission # 1276259 ~~ ~ ~bY Public - Callfarrio San F~ CouM~r r~-comm.r~ess®p9.2oo4 I ersonally known to me IJ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are :subscribed to the within instrument and i~cknowledged to me that he/she/they executed I.he same in his/her/their authorized t:apacity(ies), and that by his/her/their :signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~~cted, executed the instrument. ~NITNE y hand and official seal. _ "C Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Top of thumb here ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswodh, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" TEMPORARY CONST]I~UCTION EASEMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the parcel as described in that certain deed to Corballs recorded on June 28, 2000 as Document No. 15294858, in the Office of the Recorder of Santa Clara County, more p~irticulazly described as follows: Commencing at a monument at Station 31+68.99 as shown along the monument line of Stevens Canyon Road on that certain Record of Survey recorded onD~, 2001 in Book ~~of Maps at pages 23 through 25, said county records; Thence along said monument line, South 83°54'56" East, 33.25 feet; Thence leaving said monument line at right angles, South 06°05'04" West, 14.07 feet to a point on the southerly right of way line of said Stevens Canyon Road, said point also being the most westerly corner of the above said parcel; Thence along the southwesterly line of said parcel, South 58°41' 16" East, 15.10 feet to the TRUE POINT OF BEGINNING; Thence leaving said southwesterly line, South 83°54'56" :East, 50.76 feet to the beginning of a curve to the left; Thence along said curve having a radius of 180.50 feet, through a central angle of 08°50'54", for an arc length of 27.87 feet; Thence North 02° 17' 16" West, 3.50 feet to the beginning; of anon-tangent curve to the left, from which point the radial center bears North 02°26'27" West; Thence easterly along said curve having a radius of 177.00 feet, through a central angle of 04°03' 10", for an arc length of 12.52 feet; Thence South 02°06'43" East, 16.05 feet to the beginning; of anon-tangent curve to the right, from which point the radial center bears North 06°26'03" West; Thence westerly along said curve having a radius of 193.00 feet, through a central angle of 12°31'07", for an azc length of 42.17 feet; Thence North 83°54'56" West, 24.23 feet to a point on th~~ above said southwesterly line of said parcel; Thence along said southwesterly line, North 58°41' 16" West, 29.33 feet to the TRUE POINT OF BEGINNING. Containing an area of 1,029 square feet, more or less. A plat showing the above-described parcel is attached hen~in and made a part hereof as Exhibit "B". This description was prepazed by me or under my direction in conformance with the Professional Land Surveyors Act. Billy 1Vlartin, LS 5797 License Expires 6/30/20 K:1Sur99~990204\DWGLLegaIs~SCTC FAS2.DOC.doc 0 \_AND SG ~~~ ~G~< BILLY MARTIN ~ fXP. 6/30/2004 ~ No. 5791 xhibit "A" `n~,~ ~'~ Page l of 1 lF ~F C A~~F~~ Dated: /~yG Z~'Zt~/ LEGEND ~ I~~l `~ ~ ~ ~ - - - - PROPERTY LINE ~- - EASEMENT LINE - -- - MONUMENT LINE OR - OFFICIAL RECORDS STq 3j+g8 ST~VF f'OB - POINT OF BEGINNING .. 32+ ~•~ S`4'S6 Oohs cgNyo Tf~06 - TRUE POINT OF BEGINNING POB 3,3.25, `~ MONV NRpq~ T. ;,. E. - TEMPORARY CONSTRUCTION EASEMENT -•'I~ -MENT ~~ (R) - RADIAL LINE ~ ,y ~~ ,~ ~ 7 ~ ~ ` ~ _ 33+00 --~- -- TPOB ` ` ~ _ L1 ~ 4`w COUNTY OF ~ ~~ ~3 ~C2 SANTA CLARA ~ ~ ~I L4 7241 OR 721 T.C.E. \ l ~ ~~ 'L3 1,029 sq. ft. _ _ \ ~~~ti C1 \ .os. ` X26. ~ CORBALLS ` ~`~'~y DOC NO 15294858 ~` ~ BEARING DISTANCE TABLE LINE BEARING LENGTH L1 N 58'41'16" W 29.33 L2 N 83'54'56" W 24.23 L3 S 02'06'43" E 16.05 L4 N 02'17'16" W 3.50 L5 S 83'54'56" E 50.76 L6 S 06'05'04" W 14.07' L7 S 58'41'16" E 15.10' ~ `.'f'J CURVE TABLE CURVE RADIUS DELTA LENGTH C1 193.00 12'31'08" 42.17 C2 177.00 04'0310" 12.52 C3 180.50 08'50'54" 27.87 o ~ a o ~.a~rrU , ~~~ ~G ~ <~ _; B1L f>, RTIN ~ ;c P. 30!2004 ~ No. 5797 ~, r~~ lF aF cA~~F°~ Subject EXHIBIT B -T.C.E. ~n Faulk 540 Price Avenue STEVENS CANYON ROAD, CUPERT I NO Redwood City, CA 94063 Job No . 990204 COHaU WINO EMOINEENS 650/482-6399 (FAX) BY WS Date 08 14 01 Chkd. ML SHEET 1 OF 1 PATH: K: \Sur99\990204\DYYO\PlotJegola\ DATE: 8/9/2001 OWG NAME: SCTCEA52 TIME: 3:21 p.m. SCTCEAS_2.clo 5/29/01 Lot name: SCTCEAS 2 North: 80272.0059 Line Course: S 83-54-56 E North: 80266.6253 Curve Length: 27.8751 Delta: 8-50-54 Chord: 27.8473 Course In: N 06-05-04 E RP North: 80446.1085 End North: 80265.8184 Line Course: N 02-17-16 W North: 80269.3157 Curve Length: 12.5197 Delta: 4-03-10 Chord: 12.5169 Course In: N 02-46-27 W RP North: 80446.1050 End North: 80270.3633 Line Course: S 02-06-43 E North: 80254.3242 Curve Length: 42.1688 Delta: 12-31-07 Chord: 42.0854 Course In: N 06-26-03 W RP North: 80446.1085 End North: 80254.1957 Line Course: N 83-54-56 w North: 80256.7643 Line Course: N 58-41-16 w North: 80272.0059 East: 80223. Length: 50.7635 East: Radius: Tangent: Course: Course Out: East: East: Length: 3.5001 East: Radius: Tangent: Course: Course Out: East: East: Length: 16.0500 East: Radius: Tangent: Course: Course Out: East: East: Length: 24.2330 East: Length: 29.3277 East: 5937 80274.0713 180.5000 13.9653 S 88-20-23 E S 02-45-50 E 80293.2032 80301.9070 80301.7672 176.9967 6.2624 N 85-11-58 E S 06-49-37 E 80293.2007 80314.2405 80314.8319 193.0000 21.1689 S 89-49-30 W S 06-05-04 W 80293.2041 80272.7472 80248.6507 80223.5946 Perimeter: 206.4381 Area: 1,028.47924 sq.ft. 0.02361 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: N 87-27-50 E Error North: 0.00004 East: 0.00092 Precision 1: 224,223.8902 0 SAND ~~~' 'PG U ~~ B L RTIN ~ ,~ P. 0/2004 ~ No. 5797 Q ~~ qTF ~F CAt~~~~ Page 1