Loading...
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 I 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 1 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 i Public Works Department,which issuance shall not be unreasonably withheld or delayed. i 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. i �I i 2 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 i 7I 1 3 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 �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 �' Signature of Notary Publico Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fors by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment for. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service 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 E LrN6,, Jacq e Luke, PLS 8934 LS 8934 Date: 1/13/2020 �TF 0F CAS-�F��� —— MA7CFLNdE — SEE RIGHT —— PRUNERIDGE DRIVE HOMESTEAD ROAD PARCEL 1 I I 879 M 19 PARCEL 1 i I I 879 M 19 iI I LANDS OF I' I I MOF II TANTAU I SIDEWALK EASEMENT W HOLDINGS INC AREA 2 z SEE SHEET 2 I SIDEWALK EASEMENT I SIDEWALK AREA 1 EASEMENT I z SEE SHEET 2 I I PARCEL 3 AREA 4 879 M 19 SEE SHEET 4 I � I z —— MTA — — S�ONAL LaVO LIH ''pL r � LS 8934 \ JACQU NE LW , LS 8934 OF CALF » » 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 M MAPS N O I u7 cD O O I W W n CD N � O -cc W I— N co m 00 00 N Z Z tD W CD N PARCEL 3 879 M 19 N PARCEL 1 w Z 879 M 19 `, P.O.B. " S8933'31"E P.O.B. AREA 2 I 100! 31 E 1.50' AREA 1 z :: Ui Sri Sri z w w .— :: W N Z Z I 00000000 AREA 1 �1 S.F. S89'33'31"E S89'33'31"E 23 &F• 1.00' 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 Cn S14 (0 C:) CD P.O.B. AREA 3 N12!52'47W 6.13' NO2*36'47*W 10.12' '.'.�1400*47581 z 22.05' S", ad (n I C14 b CD k" :�j PARCEL 5 4m 879 M 19 cc tp MAREAL3 3 ..4, 162 S.F. C4 O N0212'04'W EXHIBIT "B" 7.57' SIDEWALK EASEMENTS 00 r--) NORTH TANTAU AVENUE 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 0 O Z 1 N W a O O N cf- Lo z P.O.C. AREA 4 w I pp N 17i i2 O N O S89'46'36"E Z P.O.B. �•� AREA 4 W W N tN M �Irtri z gT �;:OO W EXHIBIT "B" S89*46'36"E AMR U6 4 SIDEWALK EASEMENTS 1'00 0 15 S.F. NORTH TANTAU AVENUE z 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