E-463A GRANT OF EASEMENT FOR SIDEWALK PURPOSES, 10023 S. DE ANZA BLVD
RESOLUTION NO. 99- 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK 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 Sidewalk 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 sidewalk 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
SIDEWALK 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
sidewalk 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 sidewalks or appurtenances thereto, for the
purpose of doing any necessary or lawful act in connection with the construction or maintenance
of said sidewalk; there is also granted 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 sidewalk 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 12...-rJ..
dayof~,l~
Owners:
Mardesich Company,
A California general partnership.
Attached: Resolution
No. '99-034
(Please attach appropriate notary acknowledgment(s) on an 8-1/2" x 11" sheets)
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C:\My DocumentsIGmtDedsIEasementI8732.20IGrantesm.swk.doc 7/24/98 2:46 PM
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EXHmIT "A"
SIDEWALK EASEMENT
Being easement for sidewalk purposes and being a portion of the lands of Mardesich Company, a
partnership, as described in the Grand 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 Northwesterly corner 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 said Southerly line of Stevens Creek Boulevard 75.00 feet southerly and parallel with
said centerline N 89058' E, 225.17 feet more or less to the Northwest comer of that parcel
described in Book 9069 of Official Records at Page 273, Santa Clara County Records, and being
the True Point of Beginning of the herein described sidewalk easement; thence continuing on the
Southerly line of Stevens Creek Boulevard N 8~58' E, 21.47 feet; thence leaving said Southerly
line of Stevens Creek Boulevard and along a curve to the left, from a tangent that bears
S 26~9'33" E, with a radius of2.00 feet, through a central angle of 42054' 15", for a distance of
1.50 feet to a Point of Reverse Curve; thence along a curve to the right, with a radius of 31.00
feet, through a central angle of 18007'06", for a distance of9.80 feet to a Point of Reverse Curve;
thence along a curve to the left with a radius of 19.00 feet, through a central angle of38045'18",
for a distance of 12.85 feet to a point hereafter known as Point "A", being 85.00 feet and at right
angles from the aforementioned centerline of Stevens Creek Boulevard, thence parallel with and
85.00 feet southerly of said centerline N 89058' E, 86.63 feet more or less to a point on the
easterly line of aforementioned Parcell, thence along said Easterly line on a curve to the right
from a tangent that bears S 62004'51" E, with a radius of30.00 feet, through a central angle of
18056'33", for a distance of9.92 feet; thence leaving said Easterly line parallel with and 91.00
feet southerly of said centerline of Stevens Creek Boulevard S 8~58" W, 94.47 feet more or less
to a point from which aforementioned Point "A" bears N 0002' W, 6.00 feet; thence continuing
S 8~58' W, 42.93 feet to the westerly line of aforementioned parcel recorded in Book 9069 at
Page 273; thence along said Westerly line N 0002' W, 16.00 feet to the Point of Beginning.
F: 'PROJEC"f\CH'S7322\DOC\EXHI BIT A-rhw.doc
POINT OF
COMMENCEMENT
NW CORNER
PARCEL 1
6143 OR 144
309.08' (TOTAL)
N 89"58' E
225.17'%
TRUE POINT
Of BEGINNING
NW CORNER Of
9069 OR 273
N 0"02' W
L=16.00'
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(RAD)
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R=19.00'
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L=12.85'
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RICHARD H. F. WAGNER
L.S. 4656
LICENSE EXPIRA nON DATE
R=2.00'
6=42'54'15-
L=1.50'
DETAIL (NTS)
EXHIBIT
SHOWING A SIDEWALK EASEMENT ON
THE LANDS OF MARDESICH CO.
ARCHITECTURE · ENGINEERING · ENVIRONMENTAL SERVICES
1137 N. McDO'M:LL BLVD. PETALUMA, CA 94954 (707) 765-1660
GIOOP lHc. JOHN W. JOHNSON, ARCHITECT JAMES H. RAY, CIVIL ENGINEER
RHLf: 8732.20
OWN BY: AJS
DATE: 6/98
SHEET 10F1
SCALE:
1"=30'
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.
W~TN" ~y hand and official seal.
~~'tc~9/
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
DCORPORATE OFFICER
Grant of Sidewalk Easement
TITLE OR TYPE OF DOCUMENT
~PARTNERS
DLlMITED
IJlGENERAL
ATTORNEY-IN-FACT
DTRUSTEE(S)
DGUARDIAN/CONSERVA TOR
DOTHER
Three
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Mardesich Co.
AUQust 12. 1998
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE