Loading...
E-463 GRANT OF EASEMENT FOR PUBLIC ART PURPOSES, 10023 S. DE ANZA BLVD r;:-'-I(..~ DOCUMENT: 14648163 Titles:1 / Pages: 7 RECORDING REQUESTED BY I HI 1111I 11111111 I .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) ::'e~ C:\My Documents\GrntDeds\Easement\8732.20\Grantesm.art.doc 7/24/98 2:40 PM t, r :c' 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. F:\PROJECT\CH\87232\EXHIBIT A-rhw.doc r' cto ____''__ --t:---- STEVENS CREEK B L V D. POINT OF COMMENCEMENT NW CORNER PARCEL 1 6143 OR 144 o o .0 ,.... POINT OF COMPOUND CURVE TOTAL CURVE R=30.00' .6.=51"12"28" L=26.81' R=30.00' .6. = 38"07'09" L=19.96' ~ N 60"57' 4~" W 12.00 TRUE POINT OF BEGINNING ! ! 12 00' ! . ! PUBLIC AR EAS~MENT! -;;./7 12.00' X 12.00 y.-/ ,.....r..~.. ",./S60'57'42"E _,-"- -' 12.00' N ..--..~.. P ~..-"..-- 8: ...-...-..-.....-". __/:l/-/;;W!f9@fM -----// 1 !L f€ &:, ~ f€ /tJ IJl! &:'!f9 ({; f€!L @@@@ @mi ~ll$ ~ N 29"02'18" E 12.00' , , J R=290' .6.=15"32'10" L=78.63' APN 359-08-19 ................................................... ............................... .................................................................................... <( N ,Z '<( W o RICHARD H. F. W GN L.S. 4656 LICENSE EXPIRA TI S 61"20'31" W 0.55' TRUE POINT OF BEGINNING DETAIL (nts) EXHIBIT SCALE: 1"=30' ci >0 e::: -I ~ ...J m g <( (:l o t- <( e::: <( (/) ........ W ...J <( $: z z ::::> (/) >- ...J e::: w :::!' e::: o I.L. ........ 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