20-088 County of Santa Clara, Purchase and Sale Agreement, Lawrence Expressway at Mitty Ave, San Jose, APNs 375-21-001 & 375-22-001 (Resolution No. 20-092) - 2"Q-O'a'A
County of Santa Clara
Office of the Clerk of the Board of Supervisors
County Governrnent Center, East Wing
70 West Hedding Street
San Jose, California 95110-1770
(408) 299-5001 FAX 938-4525 TDD 993-8272
Megan Doyle
Clerk of the Board
August 27, 2020
City of Cupertino
Attn: Deborah Feng, City Manager
10300 Torre Avenue
Cupertino, CA 95014
RE:Resolution declaring the Property (Santa Clara County Assessor's Parcel Nos. 375-21-
001 and 375-22-001)located at the intersection of Lawrence Expressway and Mitty
Avenue in San Jose
Dear Ms. Feng,
At its regularly scheduled meeting held August 11, 2020 (Item No. 95), the County of Santa Clara
Board of Supervisors adopted Resolution No. BOS-2020-116 declaring the Property (Santa Clara
County Assessor's Parcel Nos. 375-21-001 and 375-22-001)located at the intersection of Lawrence
Expressway and Mitty Avenue in San Jose as excess, approving the sale of the Property to the City
of Cupertino for no less than $2,690,000, authorizing President, Board of Supervisors to execute a
Purchase and Sale Agreement with the City of Cupertino, and delegating authority to the County
Executive, or designee, to execute all documents necessary to convey the Property in accordance
with the Purchase and Sale Agreement, including, but not limited to a Quitclaim Deed, an
Agreement Regarding Access and amendments to the Purchase and Sale Agreement and notices or
documents showing the removal of or approval of a condition of closing of the Purchase and Sale
Agreement, subject to approval by County Counsel as to form and legality, and approval by the
County Executive. Delegation of authority shall expire on June 30, 2021.
Enclosed is a Certified Copy of Resolution BOS-2020-116 for your records.
Sincerely,
J ca Schrnidt
Clerk
Enclosures
itx>sottrriorqxo. BO!;-202-0.-tle
RESOLUI'ION OF IIIE 130ARI) OF SUPER'i'lSORS OF alllE C(3L1NTY OF SANT=t C:LARA
CONSUil'iMAailNG SALI': OF REAL PROPERT'i" alaO Tl-iE CITY OF CUPERallNO
1Vi4ERE,itS, l)ic County olaSiinia Clai'a is llie owner of al'iproxiinalcly 7.83 ;icrcs o(arcal lirolici'ly knosvn
as /'isscssoi's Parccl Numbers (ill'N) 375-21-001 aiitl 375-22-001 (collcciivcly, tlic =r'ropcrty") dcscrilicd in
lExliil'iil z\-l antl dcliiclcd on Exliiliit A-2 (collcctivcly, ll'ic =l)rolicrty"); all(l
IVIIEREAS, iltc CouiQ ota S;inta Clai'a acquircd tlic l)ro).icrty willi inonc>i l'i'oin tlic Rciarl FLIII(I in
coi'ijuncticin willi tlic consfrriclioi'i of' I,awrencc Exl'ircssway in tlic l 9608; antl
'iVIIEREAS, the County lias since constrrictcd tlie Exprcssivay; and
'l'+illEREzlS, llic Pi-olicrly )iris rcm;iincd unimproved sincc its acquisition: ;hid
IVI-€EREAS, llic City ril'Ctilicrlino (tlic "City") dcsii'cs to ricqtiirc ilic I)rolici'iy l-or i)ic extcnsitni olallic
Stcvcns C i'eck -rrail along Saratoga Ci'cck; and
IVHEREAS, llic ('ounly has dclcrinined lliat the Prol'ierly is nti longer i'cquii'ed l'or County use, ;mcl
llici'c[aoi'c l)ic salc to tltc City would lie in compli;mcc witli GOI/Cl-IIIIICIII Cotlc Section 25365 wliicli allows llic
County, by a !:1/5 siotc ot'tlic Bo;irtl olaSulicrvisors, to convey real 1ii'opci'ly to imy ('ily; ;intl
1VI IEREAS. nolicc oia tlic lii'olxiscd salc was liublisiicd once licr Govcrnincnt Code Scction 6061 ; and
o
11illF,Rl')ztS, ;it its regular meeting on Aigust 11, 2020, tlic Board of' Suliervisors considered ll'.c
conveyance o(atiie r'rolicrty undcr tlic terms ofa Purcliase and Salc Agrccincnt, ;itlac)icd 11(:l'ClO as ExliiLiit 13
antl inccii'poratcd )iercin. and ncnv *lcsires to autliorizc tlie convey;incc cila ilic I)rci):icriy in ;iccordancc wiili
Ilic lci'ins olailic Ilircliasc and Sale Agi'ccincnt.
NmV, I"IIERI;.FORE, [IF. Ial" RESOI,VIID liar tlie Board olaSu)icrvisors ol'llic County ol'Sanlii
Clai'a ilial:
1. Ilic Property is declared as cxccss cincl not rcquircd [or tisc tiy llic ("ounly ola S;inta Clara; ;md
2, 117c ProBcrty sliall Lic SOI(I 10 IIIC C:ity ola Culicrtino subjcct to tlic tcnllS nla Ilic Purcl'iasc and Sale
Agi'ccincii( laor !10 less lliim its ali1iraiscd viihie of $2,690,000; and
.'i. I'lic 1)rcsident=ofl5c Bo;u',tl gJ:,F+,upcrvisors olatl'ic County ofaS;inl;i Cl;ir:i (or tlcsigncc) is licrcby
autlioi:i=ck:iiid'di=ctcd to cxcculc iiic Ilircliasc and Salc z'(grccincm on licliallaotallic Ccicinly, in a
laorin srib.lcct tci tlic rcvicsv ancl ;ippi'oviil by tlic Coun5i Counscl: iuitl
4. Tlie Coun(y Execu(ivc, or clcsigncc, is hereby delegated llie citiiliorily to execute cill ollier
dncuinaiiie,;necessai:;(taor tlic (:OIlVer'anCt: o('tlic Propcrty in accordance witli llic Plircli;ist: ;ind
Smile Agrccmcn5 incltitling, litit not limited lo, a Quitclaiin L)ccl, im ,ilgi'ccincnl Rcgiu-ding
zlcccss, iiincnclincnls to [lic Ptircliasc and Sale Agreeinent and iioliccs or *locuinents sl'iowing llic
rcinoval ofaoi- ;i)ilm+val oiaa condi(ion or (lie I)urcliase antl Salc /\gi'cctncnl subject (o xiplircival aS
to laorm and legality by County C'ounscl and ap1iroval by ilic Cotimy lExccuiisic. Ibis dclcgcition
olaatilliority cxpii'cs on.ltinc 30. 2021.
ill 6R't-
Rchiilutinn Coiiic> iiig Re;il Pinpcity
tti lltc Ciiy (11'C upcilino
l'iigc I ol'2
Rcv 071521)
AU8 112020
P,ASSli:D AND ADOPT"ED Lay tlic 13oard of Sulici'visoi's o(allic County ofSanla Clara on
/'xugust ] ], 2020 by t]ic following vote:
CHAVEZ, CORTESE, ELLENBERG
,1 17ES, 5Llpc.l.l,;SO,.s ,SIMITIAN, WAS8ERMAN
NOES: Supervisors NONE
ABSTAm: Sul'+ervisors ,.NONE1','
ABSENT: Supei'visors H NOR! .
SiBnr'rl ;inrl rertilirad Il'mT :l rnp)/ nrlliiq (In0ill-11raIll
lias becn dclii.'eretl by electronic or othci' n'.eans tci
tlie Prccitlcn(, Board o( Sulicri,iiaorr,.
Attcsl:
Megan yle
Clerk ofa lie Board
APPROVED AS TO FORl'VI AND Ll!:GAJ,ITY:
KarcH Willis
Del'iuly County Counsel
Exliiliils to l)iis Resolution:
A-l - Legal description oil)ml:icrly
A-2 - l)lal Mal'i of Propcrty
13 - I)ui'cliasc and Sale Agi'cement
A"nW.
Clerk
Date:2 7 2020
Rcsnliilinn Conveying Rctil Pi'opcily
to Ilic City ol'Ctiliciiinn
APNs 375-21-1)01. 375-22-at)1
Rcia. 071520
Paec 2 nl' 2
EXHIBIT "A-1"
PARCBLI
LAWRENCE-MrI'TY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Commencing at the most northeasterly corner of Lands of Santa Clara Valley Water
District (Book LO33 0R Pg. 113) as shown on that certain Parcel Map, which was filed
for record on January 4, 1990 in Book 609 of Maps at page 6, Santa Clara County
Records,
Thence along the easterly line of said Lands of Santa Clara Valley Water District, South
20o09'45" East, 11.86 feet, and South 02ol I'OO" West, 96.08 feet, to the Point Of
Beginning;
Thence, continuing South 02ol 1'OO" West, 186.30 feet and South 43o00'40" East, 192.89
feet to the westerly line of Lawrence Expressway, as said line is shown upon that
unrecorded plans entitled "Lawrence Expressway Unit No. 6A" -layout details for
stations 1+00.23 to 40+00;
Thence, North 00o44'33" West along said westerly line, 322.34 feet;
Thence leaving the westerly line of Lawrence Expressway, North 87o40' 18" West,
120.40 feet to the POINT OF BEGINNING.
Containing an area of 32,126 square feet, (0.74 acres), more or less.
END OF DESCRIPTION
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Sheet 1 of 1
EXHIBIT "A-I"
PARCEL 2
LAWRENCE-MITTY PARK
CUPERTINO, CALrFORNIA
LEGAL DESCRIPTION
Beginning at the southeast corner of Lot 278 as shown on the map of Tract 1183, which
was filed for record on June 23, 1953 in Book 44 of Maps at Page II Santa Clara County
Records,
Thence along the easterly line said Tract No. 1183 the following courses and distances:
North 14o 30'00" East, 46.59 feet;
North 3o 22' 45"West, 191,71 feet;
North ]9o 29' 45" West, 151.30 feet;
North 27o 45' 15" West, 189.35 feet;
North 3o 17' 15" West, 147.02 feet;
North 50o 51' 45" West, 121.65 feet;
North 12o 27' 45" West, 107.74 feet;
North 25o 06' 15" East, 61.00 feet;
North 66o 02' 15" East, 113.84 feet;
North 39o 42' 00" East, 194.78 feet;
North 15o 14' 00" East, 85.91 feet;
North 10o 16' 15" West, 138.43 feet;
North 'I 51' 30" East, 103.33 feet;
North 26o 18' 45" East, 126.23 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-
layout details sheets for stations 1+00.23 to 40+00;
Thence, South 00o 44' 33" East along said westerly line 1055.78 feet to a tangent curve to
the right, having a radius of 5433.00 feet, a central angle of 5o 01' 21", an arc length of
476.25 feet;
Thence, South 4o 16" 48" West, 29.03 feet;
Thence, leaving said westerly line of Lawrence Expressway South 87o 39' 53" West,
44.03 feet to the POINT OF BEGINNING
Containing an area of 197,905 square feet (4.54 acres), more or less.
END OF DESCRIPTION.
Sheet l of I
EXHIBIT "A-1"
PARCEL3
LAWRENCE-MITTY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Beginning at the southeast corner of Parcel 5 as shown on that certain Parcel Map, which was
filed for record on January 4, 1990 in Book 609 of Maps, at p:age 6, Santa Clara County Recotds,
and being more particularly described as follows;
Thence, along the easterly line of said Parcel 5, North 20o09'45" West, 45.40 feet;
Thence, continuing North 20o 09'45" West, along the easterly line of Lot 292, 291, and 290 as
shown on the Map for Tract No. 1183 which was filed for record on June 23, 1953 in Book 44 of
Maps, at Page 11, Santa Clara County Records, a distance of 165.91 feet;
Thence, continuing along the easterly line of Lot 290, 289, 288 and 287, as shown on said Tract
Map No. 1183, North 04"04'45" East, 125.69 fact;
Thence, continuing along the easterly line of Lot 287, 286, 285, 284, and 283, as shown on said
Tract Map No 1183, North 29o51'l5" East, 214.50 feet;
Thence, continuing along the easterly line of Lot 282, and 281, as shown on said Tract Map No.
1183, North 06o 13'45" West, 116.81 feet;
Thence continuing along the easterly line of Lot 280, and 279, as shown on said Tract Map No.
1183, North 19o26'45" East, 109.24 feet;
Thence, continuing along said easterly line of said Lot 279, North 14o30'00" East, 53.73 feet to
the southeasterly corner of the "Lands of San Jose Water Works";
Thence, continuing North 14o30'00" East, 127.88 feet to the northeasterly corner of said "Lands
of San Jose Water Works", also being the southeasterly corner of Lot 278 as shown on said Map
of Tract l 183;
Thence North 87"39'53" East, 44.03 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-layout
details sheets for stations 1+00.23 to 40+00;
Thence, South 04o 16'48" West along said westerly line, 482.34 feet to a tangent curve to the left,
having a radius of 5567.00 feet, a central angle of 5 oOl'21 ", an arc length of 488.00 feet;
Sheet 1 of 2 Sheets
Thence, continuing along said westerly line, tangent to last said curve, South 00o44'33" Bast,
7.33 feet;
Thence, leaving the westerly line of Lawrence Expressway, North 87o40'l8" West, 120.40 feet to
the easterly line of the "Lands of Santa Clara Valley Water District", as shown on said Parcel
Map (Book 609Maps page 6);
Thence North 02o I 1'OO" East along said easterly line of said "Lands of Santa Clara Valley Water
District", 96.08 feet and North 20o09'45" West, 11.86 feet to said southeast corner of Parcel 5
(PM 609 M6) and the POINT OF BEGINNING.
Containing an area of 113,751 square feet, (2.61 * acres), more or less.
End of Description.
'laOF
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SCALE: 1"=100'r pp_aar_aro_a_cp__o_u__p_@-xy 1,
V \"';';.X7X '> I DATE: 6/30/20 ,
DRAWN: E,T,
LEGAL DESCRIPTION li
0% & a & fflll I & J A & II
i '%,$X%',l."',,,s'NOl,e,,. Iillll.
CHECKED: M.H. ,
JOB NO.: 19129
SHEET i OF 3
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CUF!-FITINO, CALIFOFINIA li
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o- % 4 - q 'al. (408) 615-4000
(X) " = = =-===-= T - =- =- -
4880 Stevens Creek Blvd. Suite 100
' - N ' \ i? SCALE: 1'=100' P!_AT_ _TQ_A99_QNFa_.A8Y
( Giuliani & Kull - ' "' San Jose, inc.
liO1m':1ilimF"X)H!t'fflaln I i
4880 Stevens Creek Blvd. Suite 100
San Jose, California 95129
(408) 615-4000
.. .. . ...... . .. . .. . .... . . .. . ffi ... . .. . .. .. I . -. .
= " """"""""- ""' I
SCALE: 1'-100'pp_a'i_ Ja7j 46c_q;_,;Hv -i'l
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DATE: 8 /30 /20 -
DRAWN: E-Ti
LE:GAL DE8CRIPT10N I
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MATCH LINE-SEE SHEET 1
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CHECKED: M,H.
JOB NO.: 19129
SHEET 2 0F 3 LAWR'E'N'C'Ea'oM'lTT'Y "PARK !
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UP. Ie-81-20
4 Giuliani & Kujl
San Jose. Inc.
4880 Stevens Creek Blvd, Suite 100
San Jose. California 95'l29
(408) 615-4000
DATE: 6/30/20 LEGAL DESCRIPTION
DRAWN: E,T,
CHECKED: u.h. PARCEL 2
JOB NO-: LU! I LAWRENCE - MITTY PARK
SHEET 3 0F 3
MATCH LINE-SEE SHEET 2
CuPtRTINO, CALIFORNIA
EXHIBIT "B"
Sale to City of Cupertino
Lawrence Expressway at
Mitty Ave, San Jose
APNs: 375-21-001 & 375-22-001
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "") is made and entcred
into as of the later of the dates set forth by the parties on the signature page hereof (the "Effective
Date") by and between County of Santa Clara, a political subdivision of the State of California
(the ""), and the City of Cupeitino, a California municipal corporation (the ""). The
County and the City are collectively refetataed to herein as the "" and individually as a
'!j!!!Y."
RECITALS
WHEREAS, County is the owner of that certain real property located in the City of San
Jose, County of Santa Clara, State of California (APN 375-21-001 and 375-22-001) consisting of
approximately 7.83 acres of land and more particularIy described in Exhibit A-1 and depicted on
Exhibit A-2 attached hereto and incorporated by reference (the ""); and
WHERF,AS, the City desires to acquire the Property; and
WHEREAS, the County, including the County's Roads and Airports Department, has
determinedthatthe Property is no longerrequired for County use, including the use by the County's
Roads and Airports Department, and therefore the sale to tlie City would be in compliance with
California Government Code Section 25365(a).
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are acknowledged, the Parties agree as follows:
1.PURCHASE AND SALE
a. Subject to the terms and conditions in this Agreemei'it, County agrees to sell
and City agrees to purchase the Property. County shall convey its interest in
the Property by quitclaim deed in substantially tlie form attached hereto as
Exliibit B (the "Deed").
b. In connection with the sale of the Property, the County will provide City
vehicular access riglits between tlie Property and Lawrence Expressway solely
for use by public agency employees, agents, contractors, and consultants, for
the construction of public improvements on the Property and for ongoing
operation and maintenance of the Property. Such access shall be madc pursuant
to an agreement in substantially the form attached hereto as to be
Page I of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 2
recorded in the public records at the Closing (the "Agreement Regarding
Access").
PURCHASE PRICH,
The purchase price for the Property shall be the sum of Two Million Six Hundred
Ninety Thousand Dollars ($2,690,000) (the "Purchase Price"i and shall be payable
in all cash or an amount credited by wire transfer of immediately available funds to
Escrow Agent (defined below) at the Closing (defined below).
ESCROW AND CLOSING
a. The Parties shall complete this transaction through an escrow established with
Old Republic Title Company, located at 224 Airport Parkway, Suite 170, San
Jose, California, attention Sharon LaFountain, Escrow Officer, (408) 557-8400
(the "Escrow Agent") pursuant to joint escrow instructions. Within three (3)
business days after tlie Effective Date, the City shall deposit this Agreement
with Escrow Agent. Tl'iis Agreement shall constitute tlie joint escrow
instructions of the County and the City to Escrow Agent and upon the opening
of escrow, Escrow Agent is authorized to act in accordance with the tern'is of
this Agreement. Upon Escrow Agent's or either Party's request, the Parties
shall execute such additional and supplementatay escrow instructions as may be
appropriate or reasonably required by Escrow Agent to enable the Escrow
Agent to comply with tbe terms of Agreement; provided, liowever, that if there
is any conflict or inconsistency between such additional and supplementary
escrow instructions and this Agreement, this Agreement shall control.
b. The transfer of the Property shall occur and escrow shall close (the "")
on the fifteenth (15') calendar day after the completion of tlie Contingency
Period (defined below) or on such earlier date as City and County may mutually
agree (the "Closing Date") subject to the terms of this Agreement.
c. At least one (l) business day prior to the Closing Date, the City shall deposit
with the Escrow Agent, the Purchase Price, plus any additional amounts
required pursuant to Section 6 below, and any additional documents required
by Escrow Agcnt to effectuate the Closing in accordance with the terms of this
Agreement.
d. At least one (1) business day prior to the Closing Date, the County shall deposit
the Deed, the Agreement Regarding Access and any additional documents
required by the Escrow Agent to effectuate the Closing in accordance witli the
terms of this Agreement.
e. City's Conditions to Closing. The following are conditions precedent to City's
obligation to purchase the Property: (i) County shall not be in material default
Page 2 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 3
in the performance of any covenant or agreement to be performed by County
under this Agreement and all of County's representations and warranties made
pursuant to this Agreement shall be true and correct as of the Closing Date; (ii)
there shall be no material adverse change in the condition of the Property
(physical, legal, title, environmental, or otherwise) from that which existed at
the expiration of the Contingency Period; (iii) Escrow Agent shall be committed
at the Closing Date to issue City a title policy subject only to those exceptions
approved by City during tlie Contingency Period; and (iv) County shall have
received all approvals necessary to perform the transaction contemplated
hereiu'ider. The above-referenced conditions are solely for the benefit of City.
If on the Closing Date any condition precedent is not satisfied, City shall have
the right in its sole discretion either to waive in writing the condition and
proceed with the Closing, or terminate this Agreeinent. If City provides written
notice of termination hereunder, the Agreement shall terminate and the Paities
shall have no further obligations under this Agreement (with the exception of
obligations that survive the Closing or termination).
4. DISCLAIMERS; CONTINGENCY PERIOD
a. Pursuant to California Civil Code Section 11 02.2(j), the property is being sold
"as is," without express or implied warranty, and shall be subject to all liens,
easements and encumbrances, recorded or unrecorded. In addition, County
makes no representations with respect to the presence of Hazardous Waste, the
suitability of the property for the uses intended, or with respect to the
conformance of the property to any codes, rules, regulations or ordinances,
whetlier local, state or federal. "Hazardous Waste" includes witliout limitation:
(a) Those substances included within the definitions of "hazardoxis substance,"
"hazardous waste," "hazardous material," "toxic substance," "solid waste," or
"pollutant or contaminant" in CERCLA, RCRA, TSCA, HMTA, or under any
other Environmental Law; (b) Those substances listed in the United States
Department of Transportation (DOT) Table [49 C.F.R. 172.101], or by the
Environmental Protection Agency (EPA), or any successor agency, as
hazardous substances 40 C.F.R. Part 302; (c) Other substances, materials, and
wastes that are or become regulated or classified as hazardous or toxic under
federal, state, or local laws or regulations; and (d) Any material, waste, or
substance tliat is: (i) apetroleum or refined petroleum product, (ii) asbestos, (iii)
polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to
33 U.S.C.A. §1321 or listed pursuant to 33 U.S.C.A. §1317, (v) a flammable
explosive, or (vi) a radioactive material. City acknowledges and will upon
Closing accept title to the Property with the understanding that the Property
does not have access to or from Lawrence Expressway or any other public road
except to the extent provided in the Agreement Regarding Access.
b. City understands that County makes no express or implied warranty with
respect to the condition of any of the Property. County makes no oral or written
Page 3 of 10
Purchase and Safe Agreement
APNs 375-21-001 & 375-22-001
Page 4
representation regarding the age of improvements, the size and square footage
of the parcel or building, or the location of property lines. Apparent boundary
line indicators such as driveways, fences, hedges, walls, or other barriers may
not represent the true boundary lines. Only a surveyor can determine the actual
boundary lines. If any of these issues are important to City's decision to
purchase, then City should investigate the Property independently. City
acknowledges that it has not relied upon any representations by County with
respect to the condition of the Property, the status of permits, zoning, or code
compliance. City is to satisfy itself concerning these issues. For a period or
thirty (30) calendar days after the Effective Date (the "Contingency Period"),
City and its employees, agents, contractors, consultants, and representatives
may enter upon the Property for the purpose of inspecting and evaluating the
condition of the Propeity (pliysical, legal, title, environmental, or otherwise);
provided, however, City may not make any invasive investigations (e.g., taking
soil or water samples) without the prior written consent of the County which
may be withheld in the reasonable discretion of the County. City's inspection
and evaluation shall be at City's sole cost and expense. City's acceptance of the
condition of the Property is a contingency of tliis Agreement. On or before the
expiration of the Contingency Period, City shall have the riglit in its sole
discretion to terminate this Agreement based on any condition of the Property
that is unacceptable to City. If City provides written notice of termination
hereunder, the Agreement shall terminate, and the Parties shall have no further
obligations under tliis Agreement (with the exception of obligations that survive
the Closing or termination).
c. Notwithstanding the foregoing, to the best of County's actual knowledge: (i)
County has the full right, power, and authority to enter into this Agreement and
perform the transactions contemplated hereunder; (ii) this Agreement and all
documents to be delivered by County under this Agreement are duly authorized
and executed by County, and are the legal, valid, and binding obligations of
County; (iii) there is no litigation or proceeding pending or, to the County's
knowledge, threatened in writing, nor is there any unsatisfied judgment against
or involving County or the Property, wliich might materially and adversely
affect the Property or County's ability to consummate the transaction
contemplated by this Agreement; (iy) there are no leases, licenses, or other
occupancy agreements affecting any of the Property and there are no obligations
in coru'iection with the Property (such as service, utility, maintenance,
employment, or management contracts, or brokerage and leasing commission
agreements) that will be binding upon City after the Closing; and (v) County
has not received written notice of any violations of any laws, rules, or
regulations applicable to the Property.
d. On or before the expiration of the Contingency Period, County shall remove
from the Property any equipment and personal property belonging to the County
or its contractors; notwithstanding the foregoing, County shall leave in place
Page 4 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 5
and convey to the City at Closing any existing fencing around the perimeter of
the Property.
DEVELOPMENT OF PROPERTY AND PROPERTY TAX
It is the responsibility of the City to deteimine any allowable uses or limitations on
the development or use of the Property and to satisfy itself as to the suitability and
condition of the Property. City is required to seek all approvals, permits, licenses
and the like at City's expense for any intended development, modification,
occupancy, use, or improvement of the Property. City acknowledges that the
Property is currently not subject to propeity taxes since it is owned by the County,
which is a public agency, but that upon the transfer of title to the Property to City,
the Property may be subject to property taxes. City shall be responsible for
determining any and all taxes which may apply to the Property.
EXPENSES
a. City shall pay recording fees, escrow fees, transfer tax (if any), title insurance
premium and the costs of any endorsements thereto, and survey costs (if any)
incurred under this Agreement. All other costs shall be divided as is customary
in Santa Clara County.
b. There are no utilities, service and maintenance contracts, rentals, deposits, or
other similar fees or expenses related to the Property that will be effective as
of the Closing Date and, thus, no apportionments of same are required as of
the Closing Date. General real estate taxes and special assessments against the
Property payable for the tax year of the Closing (if any) shall be apportioryed
as of 12:01 a.m. on the Closing Date, so that City bears all such expenses with
respect to the Property on and after the Closing Date.
c. The Parties shall jointly prepare a preliminary Closing adjustment on the basis
of any appoitionrnents or adjustments to be made based on payments or
expenses, and sliall deliver such computation to Escrow Agent prior to the
Closing Date. If any of the foregoing prorations cannot be calculated
accurately on tlie Closing Date, then they shall be calculated as soon after the
Closing Date as feasible. Either Party owing the otlier Party a sum of money
based on such subsequent prorations shall promptly pay such sum to the other
Party. The provisions of this Article shall survive the Closing.
RELEASE
a) From and after the Closing, City hereby waives, release, acquits, and forever
discharges County, and County's agents, directors, officers, and employees to
the maximum extent permitted by law, of and from any and all claims, actions,
causes of action, demands, rights, liabilities, damages, losses, costs, expenses,
Page 5 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 6
compensation, attorneys' fees, consultants' fees and costs and expert fees
(collectively "Claims") whatsoever, direct or indirect, known or unknown,
foreseen or unforeseen, that it now has or that may arise in the future because
of or in any way growing out of or connected with the physical condition of
Property, including without limitation, the physical and environmental
condition of the Property or any law or regulation applicable thereto, including,
without limitation, any Claim or matter (regardless of when it first appeared)
relating to or arising from (i) the presence of any environmental problems, or
the use, presence, storage, release, discharge, or migration of Hazardous
Materials on, in, under or around the Property regardless of when such
Hazardous Materials were first introduced in, on or about the Property, (ii) any
patent or latent defects or deficiencies with respect to the Property, (iii) any and
all matters related to the Property or any portion thereof, including without
limitation, the condition and/or operation of the Property and each part thereof,
and (iv) the presence, release and/or remediation of asbestos and asbestos
containing materials in, on or about the Property regardless of when such
asbestos and asbestos containing materials were first introduced in, on or about
the Property. City hereby waives and agrees not to commence any action, legal
proceeding, cause of action or suits in law or equity, of whatever kind or nature,
including, but not limited to, a private right of action under the federal
superfund laws, 42 U.S.C. Sections 9601 et seq. and California Health and
Safety Code Sections 25300 et seq. (as such laws and statutes may be amended,
supplemented or replaced from time to time), directly or indirectly, against the
Sellers or their agents in connection with Claims described above, except
matters arising 'from Seller's fraud or intentional misrepresentation or
concealment. The foregoing does not, however, release against County (i) any
claims by third parties (or any rights of City to seek indemnity or contribution
for suchthird party claims) that arise frommatters occurring prior to thc Closing
brought against City; or (ii) any claims by City resulting from the breach of this
Agreement by Cormty.
CITY EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER
CALIFORNIA CIVIL CODE §1542 AND ANY OTHERPROVISION OF
LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS THAT CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
City's Initials:
b) Witliout limiting the foregoing, if City has actual knowledge of: (a) a default in
any of the covenants, agreements or obligations to be performed by County
under this Agreement and/or (b) any breach or inaccuracy in any representation
Page 6 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 7
of the Cormty made in this Agreement, and City nonetheless elects to proceed
to the Closing , then, upon the consummation of tlie Closing , City shall be
conclusively deemed to have waived any such default and/or breach or
inaccuracy and shall have no Claim against County or hereunder with respect
thereto.
The provisions of this Section 7 shall survive the Closing.
TIME OF ESSENCE
Time is of the essence in this Agreement.
NOTICES
All notices, demands, requests, and exercises under this Agreement by either party
shall be hand-delivered or sent by United States mail, registered or certified,
postage prepaid, addressed to the other party as follows:
County:Deputy Director, Administration
Roads and Airports Dept.
101 Skyport Drive
San Jose, CA 95110
City:City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
10.EFFECTIVE HF,ADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are
included for convenience only and shall not affect the construction or interpretation
of any of its provisions.
11.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter contained in it and supersedes all prior and contemporaneoris
agreements, representations and understandings of the parties. No supplement,
modification or amendment of this Agreement shall be binding unless executed in
writing by all the parties.
12.SEVERABILITY
Page 7 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 8
Should any part of this Agreement be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceabiiity shall not affect the
validity of the remainder of the Agreement which shall continue in full force and
effect, provided that such remainder can, absent the excised portion, be reasonably
interpreted to give tlie effect to the intentions of the parties.
13. GOVERNING LAW
This Agreement shall be construed and interpreted according to the laws of the
State of California, excluding its conflict of law principles. Proper venue for legal
actions will be exclusively vested in a state court in tlie Couiity of Santa Clara. The
parties agree that subject matter and personal jurisdiction are proper in state court
in the County of Santa Clara, and waive all venue objections.
14. NO THIRD-PARTY BENEFICIARIES
The Parties intend that the rights, obligations and covenants in this Agreement shall
be exclusively enforceable by the Parties. There are no third-party beneficiaries to
this Agreement.
15. COUNTERPARTS, ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, and all of such
counterpaits so executed together shall be deemed to constitute one and the same
agreement, and each such counterpart shall be deemed to be an original provided
all of the parties have fully executed this agreement. Unless otlierwise prohibited
by law or City or County policies, the parties agree that an electronic copy of this
Agreement, or an electronically signed Agreement, has the same force and legal
effect as the Agreement executed with an original ink signature. The term
"electronic copy of this Agreement" refers to a transmission by facsimile, electronic
mail (email), or other electronic means of a copy of the original signed agreement
in a portable document format. The term "electronically signed Agreement" means
the Agreement that is executed by applying an electronic signature using
technology approved by the City or County.
16. BROKERS AND FINDER8
Neither Party has had any contact or dealings regarding the Property, or any
communication in connection witli the subject matter of this transaction, through
any licensed real estate broker or other person who could claim a right to a
commission or finder's fee in connection with the purchase and sale contemplated
herein. In the event that any broker or finder perfects a claim for a commission or
finder's fee based ripon any such contact, dealings or communication, the Party
through whom the broker or finder makes his or her claim shall be responsible for
Page 8 of 10
Purchase and Sale Agreement
APNs 375-21-001 & 375-22-001
Page 9
such commission or fee and shall indemnify andhold harmless the other Party from
all claims, costs, and expenses (including, without limitation, reasonable attorneys'
[Remainder of page intentionally blank.]
Page 9 of 10
fees and disbursements) incurred by the indemnified party in defending against the
same. Thc provisions of this Section shall survive the Closing.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the dates
set forth below:
COUNTY:
B7:
Name:
Title:
Date:
State o ifornia
PresDidYe/nHIB{Aoard of
Slgilorl 2020
Signed and cortifiod that a copy of this
documcnt hac been delivered by
clcctronic or othor mcanc to thc
r'rasidcnt, Board of Suporvisots
Attest:
Superv.tsors
Approved as to Form and Legality:
Deputy County Counsel
Exhibits:
A-l
A-2
B
c
Legal Description of Property
Depiction of Property
Form of Quitclaim Deed
Form of Agreement Regarding Access
CITY:
City of Cupertino, a California municipal
corporation
N'ame: DEBORAH L.FEN6-
Title: City Manager
Date:7/22/2020
Attest:
B)/:pwa7i -J,., ,, i.-.: 7/22/2020
City Clerk
Approvcd as to Form and Legality:
B:Y:
Heather Minner
City Attomey
Page 10 of 10
EXHIBIT A-1
LEGAL DESCRIPTION OF PROPERTY
[See attached]
A-1
EXHIBIT "A-1"
PARCELI
LAWRENCE-MrTTY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Commencing at the most northeasterly corner of Lands of Santa Clara Valley Water
District (Book LO33 0R Pg. 113) as shown on that certain Parcel Map, which was filed
for record on January 4, 1990 in Book 609 of Maps at page 6, Santa Clara County
Records,
Thence along the easterly line of said Lands of Santa Clara Valley Water District, South
20o09'45" East, 11.86 feet, and South 02ol l' 00" West, 96.08 feet, to the Point Of
Beginning;
Thence, continuing South 02ol l '00" West, 186.30 feet and South 43o00'40" East, 192.89
feet to the westerly line of Lawrence Expressway, as said line is shown upon that
unrecorded plans entitled "Lawrence Expressway Unit No. 6A" -layout details for
stations 1+00.23 to 40+00;
Thence, North 00"44'33" West along said westerly line, 322.34 feet;
Thence leaving the westerly line of Lawrence Expressway, North 87o40' 18" West,
120.40 feet to the POINT OF BEGINNING.
Containing an area of 32,126 square feet, (0.74 acres), more or less.
END OF DESCRIPTION
maim =
Sheet 1 of 1
EXHIBIT "A-1"
PARCEL 2
LAWRENCE-MITTY PARK
CUPERTIO, CALIFORNIA
LEaAL DESCRIPTION
Beginning at the southeast corner of Lot 278 as shown on the map of Tract 1183, which
was filed for record on June 23, 1953 in Book 44 of Maps at Page 11 Santa Clara County
Records,
Thence along the easterly fine said Tract No. 1183 the following courses and distances:
North 14o 30'00" East, 46.59 feet;
North 3o 22' 45" West, 191.71 feet;
North 19o 29' 45" West, 151.30 feet;
North 27o 45' 15" West, 189.35 feet;
North 3o 17' 15" West, 147.02 feet;
North 50o 51' 45" West, 121.65 feet;
North 12o 27' 45" West, 107.74 feet;
North 25o 06' 15" East, 61.00 feet;
North 66o 02' 15" East, 113.84 feet;
North 39o 42' 00" East, 194.78 feet;
North 15o 14' 00" East, 85.91 feet;
North 10o 16' 15" West, 138.43 feet;
North lo 51' 30" East, 103.33 feet;
North 26o 18' 45" East, 126.23 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-
Iayout details sheets for stations I+00.23 to 40400;
Thence, South 00o 44' 33" East along daid westerly line 1055.78 feet to a tangent curve to
theright, having aradius of 5433.00 feet, a central angle of 5" 01' 21", an arc length of
476,25 feet;
Thence, South 4o 16" 48" West, 29.03 feet;
Thence, leaving said westerly line of Lawrence Expressway South 87o 39' 53" West,
44.03 feet to the POINT OF BEGINNING.
Containing an area of 197,905 square feet (4.54 acres), more or less.
END OF DESCRIPTION.
Sheet l of 1
LAAI[)
rags
-.,=f'
EXHIBIT "A-1"
PARCEL3
LAWRENCE-Mn'TY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Beginning at the southeast corner of Parcel 5 as shown on that certain Parcel Map, which was
filed for record on January 4, 1990 in Book 609 of Maps, at page 6, Santa Clara County Records,
and being more particularly described as follows;
Thence, along the easterly line of said Parcel 5, North 20o09'45" West, 45.40 feet;
Thence, continuing North 20o 09'45" West, along the easterly line of Lot 292, 291, and 290 as
shown on the Map for Tract No. 1183 which was filed for record on June 23, 1953 in Book 44 of
Maps, at Page 11, Santa Clara County Records, a distance of 165.91 feet;
Thence, continuing along the easteyly line of Lot 290, 289, 288 and 287, as shown on said Tract
Map No. 1183, North 04o04'45" East, 125.69 feet;
Thence, continuing along the easterly line of Lot 287, 286, 285, 284, and 283, as shown on said
TractMapNo 1183,North29o51'l5"East,214.50feet;
Thence, continuing along the easterly line of Lot 282, and 281, as shown on said Tract Map No.
1183, North 06ol3'45" West, 116.81 feet;
Thence continuing along the easterly line of Lot 280, and 279, as shown on said Tract Map No.
1183, North 19o26'45" East, 109.24 fect;
Thence, continuing along said easterly line of said Lot 279, North 14o30'00" East, 53.73 feet to
the southeasterly corner of the "Lands of San Jose Water Works";
Thence, continuing North 14o30'00" East, 127.88 feet to the northeasterly corner of said "Lands
of San Jose Water Works", also being the southeasterly corner of Lot 278 as shown on said Map
of Tract I 183;
Thence North 87 "39'53" East, 44.03 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-layout
details sheets for stations 1+00.23 to 40+00;
Thence, South 04o 16'48" West along said westerly line, 482.34 feet to a tangent curve to the left,
having aradius of 5567.00 feet, a central angle of 5oOl'21", an arc length of 488.00 feet;
Sheet 1 of 2 Sheets
Thence, continuing along said westerly line, tangent to last said curve, South 00o44'33" East,
7.33 feet;
Thence, leaving the westerly line of Lawrence Expressway, North 87o40'l8" West, 120.40 feet to
the easterly line of the "Lands of Santa Clara Valley Water District", as shown on said Parcel
Map (Book 609Maps page 6);
Thence North 02o I 1'OO" East along said easterly line of said "Lands of Santa Clara Valley Water
District", 96.08 feet and North 20o09'45" West, 11.86 feet to said southeast corner of Parcel 5
(PM 609 M6) and the POINT OF BEGINNING;
Containing an area of 113,751 square feet, (2.61 t acres), more or less.
End of Description.
lA%lQ
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Sheet 2 of 2 Sheets
EXHIBIT A-2
DEPICTION OF PROPERTY
[See attached]
A-2
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EXHIBIT B
FORM OF QUITCLAIM DEED
[See attached]
Exhibit B
RECORD WITHOUT FEE UNDER CALIFORNIA
GOVERNMENT CODE SECTIONS 27383 AND 6103
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Hall
10300 Torre Ayenue
Cupertino, CA 95014-3202
Affn: City Clerk
MAIL TAX STATEMENTS TO: Saine as above
Space above this Line for Recorder's Use
A.P.N. 375-21-001 and 375-22-001
[Transfer is exempt from documentary transfer tax pursuant to R&T Code Section 11922]
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of
Santa Clara, a political subdivision of the State of California ("Grantor"), hereby does remise,
release, and forever qriitclaim to the City of Cupertino, a California municipal corporation
("Grantee"), all right, title, fee, and interest in and to that real property situated in the City of San
Jose, County of Santa Clara, State of California, described on attached hereto, together
with all buildings and otlier improvements located on said real property, and all rights, privileges,
easements and appurtenances thereto, including without limitation all mineral and water rights,
appurtenant easements, rights-of way and other appurtenances used in connection with or relating
to such real property, buildings, structures aiid other improvements.
In Witness Whereof, Grantor has caused this instrument to be executed.
GRANTOR:
COUNTY OF SANTA CLARA, a political
subdivision of the State of Califomip
BY:
Name:
Title:
Exhibit B
A notary public or other officer completang this certificate verifies only the
identity of the individual who sigrbed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
ST ATE OF CALIFORNIA
COUNTY OF
On before me,
Notary Public, personally appeared , who 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 acknowledged to me that he/she/they executed the same in his/her/their
axithorized capacity(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) 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.
(Signature)
(Seal)
Exhibit B
0uitclaim Deed - Exl'iibit A
Legal Description
[See attached]
Exhibit B
CERTIFICATE OF ACCEPT ANCE
(California Governtnent Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Quitclaim Deed dated
, from the County of Santa Clara to the City of
Cupertino, a California municipal corporation, is hereby accepted by the undersigned on behalf
of the City of Cupertino pursuant to authority conferred by City Couicil Resolution No.
adopted on , and the City
of Cupertino consents to recordation thereof by its duly authorized officer.
Dated:, City of Cupertino, a California municipal corporation,
B)/:
Name:
Title:
Exhibit B
EXHIBIT C
FORM OF AGREEMENT REGARDING ACCESS
[See attached]
Exhibit C
RECORD WITHOUT FEE UNDER CALIFORNIA
GOVERNMENT CODE SECTlIONS 27383 AND 6103
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Attn: City Clerk
MAIL TAX STATEMENTS TO: Same as above
Space above this Line for Recorder's Use
A.P.N. 375-21-001 and 375-22-001
[Transfer is exempt from documentary transfer tax pursuant to R&T Code Section 11922]
AGREEMENT REGARDING ACCESS
A. City of Cupertino, a California municipal corporation ("Grantee"), is the sole legal
owner of a fee interest in that certain real property in the City of San Jose, County of Santa Clara,
State of California referred to as APN 375-21-001 and 375-22-001, consisting of approximately
7.83 acres of land (the "Lawrence-Mitty Property").
B. County of Santa Clara, a political subdivision of the State of California ("Grantor"),
is the sole legal owner of a fee interest in real property in the City of San Jose, County of Santa
Clara, State of California commonly referred to as the Lawrence Expressway, a portion of which
abuts the Lawrence-Mitty Property (the "Lawrence Expressway Segment"), as depicted in
A attached hereto.
C. Pursuaiit to that certain Final Order of Condemnation, dated January 30, 1963 and
recorded in the Official Records of the County of Santa Clara as document number 2338389, the
Lawrence-Mitty Property has no right or easement OfaCCeSS from the Lawrence-Mitty Propeity to
Lawrence Expressway
D. Grantor desires to provide and Grantee desires to accept a limited right of access
from the Lawrence-Mitty Propeity to tlie Lawrence Expressway Segment pursuant to the terms
and conditions of this agreement.
Exl'iibit C
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grantor hereby grants to Grantee a perpetual right to access the Lawrence-Mitty
Property from the Lawrence Expressway Segment at a single location (the "Access Area"), solely
for vehicular ingress and egress by public agency employees, agents, contractors and consultants
for the maintenance, operation, alteration, repair, replacement, reconstruction, and inspection of
the Lawrence-Mitty Property and the installation, constniction, or addition of any public
improvements on the Lawrence-Mitty Property. Access to the Lawrence-Mitty Property from
Lawrence Expressway by the public or any other party not in accordance with the previous
sentence is prohibited.
2. The location of the Access Area shall be the area shown on Exhibit B attached
hereto. Grantee may relocate the Access Area within the Lawrence Expressway Segment from
time to time provided Grantee obtains the prior written approval of the Director of the County of
Santa Clara Roads and Airports Department (or their successor) with respect to the location,
dimensions and other specifications of the revised Access Area.
3. Grantor reserves the right to use the Access Area for purposes that will not interfere
with Grantee's use of the Access Area.
4. Grantee, at no expense to Grantor, shall obtain from all agencies acid autborities
with jurisdiction any and all required approvals, permits, inspections, or similar items which may
be required, and shall conform to all pertinent laws, ordinances, rules, and regulations, for any and
all activities Grantee, and its employees, agents, and contractors, conduct pursuant to the rights
granted herein.
5. Grantee shall maintain the Access Area in a safe and clean condition. Grantee shall
maintain and repair a locked gate from the Access Area into the Lawrence-Mitty Property. Such
gate shall be closed and locked at all times except for the limited the time that vehicles that are
permitted access pursuant to this agreement are driving through the gate.
6. Grantee shall be liable for any damages caused by Grantee, and its employees,
agents, and contractors, arising from any and all activities Grantee, and its employees, agents, and
contractors, conduct pursuant to the rights graiited herein as provided for under California law.
Grantee shall indemnify, hold harmless and defend Grantor from any and all liability, damages,
loss, costs, and obligations, including, but not limited to, court costs and reasonable attorney's
fees, arising out of any claim, suit, judgment, loss or expense occasioned by, but not limited to,
injury or death of any person or loss or damage to any property, in connection with Grantee's use
of the Access Area or Grantee's breach of this agreement, excepting only losses to the extent
arising from the negligence or willful misconduct of Grantor.
7. The terms, covenants, conditions, exceptions, obligations, and reservations
contained herein shall be binding upon and shall inure to the benefit of Grantor, Grantee, and their
Exhibit C
respective heirs, representatives, assigns, and successors in interest, and shall continue as a
servitude running with tlie subject property.
8. Termination.
a) Grantee may terminate this agreement at any time witli notice to Grantor, followed by a
notice of termination recorded in the Official Records.
b) Notwithstanding anything to the contrary set forth in this agreement, this agreement and
the right to access granted herein shall terminate upon the transfer of the Lawrence-Mitty
Property to a party other than a public or quasi-public entity.
c) Prior to termination of this agreement, Grantee shall remove the gate and permanently close
off the Access Area to Lawrence Expressway and shall move the fence to be on or about
the property line of the Lawrence-Mitty Propeity so tl'iat no vehicle turn-off area exists.
9, This instrument will be recorded in the official records of the County of Santa Clara,
State of California.
In Witness Whereof, Grantor and Grantee have caused this inshy'nent to be executed.
GRANTOR:
COUNTY OF SANTA CLARA, a political
subdivision of the State of California
By:
Name:
Title:
Date:
APPROVED AS TO FORM AND LEGALITY:
Karen M. Willis, Deputy Corinty Counsel
Exhibit C
CITY:
City of Cupertino, a California
municipal corporation
By:
Name:
Title:
Date:
Attest:
B)7:
City Clerk
Approved as to Form and Legality:
B7:
Heather Minner
City Attorney
Exhibit C
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 €
On before me,
Notary Public, personally appeared , who 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 acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on tlie instrument the person(s), or
the entity upon behalf of which the person(s) 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.
WI"lNESS my hand and official seal.
(Signature)
(Seal)
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.
ST ATE OF CALTFORNIA
COUNTY OF
On before me,
Notary Public, personally appeared , who 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 acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(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) 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.
WIINESS my hand and official seal.
(Signature)
(Seal)
EXhibit C
Agreement Reearclinp, Access - Exliibit A
I
Depiction of Lawrence Expressway Segment
[See attached]
Exhibit C
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Agrecment Regarding Access - Exliibit B
Depiction of Location of Existing Access Area
[See attached]
Exhibit C
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APN 376-21-001
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CERTIFICATE OF ACCEPT ANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Agreement Regarding
Access dated , from the Coiuity of Santa Clara to the
City of Cupertino, a California municipal corporation, is hereby accepted by the undersigned on
behalf ofthe City of Cupertino pursuant to authority conferred by City Council ResolutionNo.
adopted on , and the City
of Cupertino consents to recordation thereof by its y authorized officer.
Dated:
By?
Name:
Title:
, City of a California municipal corporation,
I
Exhibit C