D-1011 Quitclaim Deed and Authorization for Underground Water Rights, APN 316-20-121 & 316-20-122RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
25828473
Regina Alcomendras
Santa Clara County - Clerk -Recorder
06/30/2025 09:00 AM
Titles: 1 Pages: 14
Fees: $0.00
Taxes: $0.00
Total: $0.00
1III1' j 'W iLW��1Y��Y4�� VIII
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316-20-121 & 316-20-122
O Original
O Conformed Copy
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316-20-121 & 316-20-122
Vallco Property Owner LLC, a Delaware limited liability company, hereinafter referred to
as the "GRANTOR", this 6th day of May , 2025 hereby grants, bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, claims and demands, both at
law and in equity, and as well in possession as in expectancy of the GRANTOR as owner
of that certain real property situate in the County of Santa Clara, State of California, and
specifically described as follows:
SEE ATTACHED EXHIBIT "A"
The right to pump, take or otherwise extract water from the underground basin or any
underground strata in the Santa Clara Valley for beneficial use upon the lands overlying
said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership of
overlying lands in the lot to take from the underground basin within the lot any and all
water which the owner or owners of said overlying lands may be entitled to take for
beneficial use on said lands and to supply such water to such owner or owners or others
as a public utility; provided, however, that nothing contained in this instrument shall be
deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above
described legal description or to authorize GRANTEE to make any withdrawal of water
which will result in damage to any building or structure erected upon the lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of the lot(s) within the
legal description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
Vallco Property Owne LLC, a Delaware
limited liability y
By:
Name: Peter Pau
Its: Authorized Signatory
CITY OF CUPER
Chad Mosley
Director of Public Works & City Engineer
Public Works Department
(Acknowledgment and Notarial Seal Attached)
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 ,,Ai]T,4 CLJHZ.A)
On S / 7 ZS before me, G 4(i
Q (insert n me and title of the ffic r)
personally appeared8±1,-
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.
WITNESS my hand and official seal. *my
KATIEYAO
Notary Public • California
Santa Clara County
Commission # 2426770
Comm. Expires Dec 5, 2026
Signature / :A.-'_/
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, IN THE COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
TRACT ONE:
J_1:Z9]�NF
Parcel A, pursuant to Lot Merger, Recorded January 14, 2019, Instrument No. 24097490, of Official Records,
described as follows:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of
Parcel 1-A(2) and Parcel 1C1(2) as shown on that certain Lot Line Adjustment recorded April 02, 2008 as
Document Number 19798059, together with Parcel One as described in that certain Deed recorded October 22,
2014, as Document Number 22746588, all within the Official Records of Santa Clara County, more particularly
described as follows:
Beginning at the Northwest corner of said Parcel 1-C1(2), said corner also being the Southwesterly corner of
Parcel One as shown on that certain Parcel Map filed for record on January 09, 2013 in Book 858 of Maps at
Page 41, Santa Clara County Records;
Thence, along the Southerly line of said Parcel One (858 Maps 41) the following four (4) courses;
(1) North 88° 50' 57" East 303.11 feet;
(2) South 01° 09' 03" East 53.51 feet;
(3) South 82° 53' 14" East 76.01 feet to the beginning of a tangent curve;
(4) Along said curve to the left, having a radius of 1368.73 feet through a central angle of 05° 21' 12",
for an arc distance of 127.88 feet to a point on the Easterly line of said Parcel 1-C1(2);
Thence, along said Easterly line the following four (4) courses, as said courses are shown on 858 M. 41;
(1) South 01° 20' 50" West 29.75 feet; (formerly North 010 22' 22" East 29.66 feet per said Lot Line
Adjustment) to the beginning of a tangent curve;
(2) Along said curve to the right, having a radius of 100.00 feet, through a central angle of 18° 22' 11", for an
arc distance of 32.06 feet to a point of reverse curvature;
(3) Along a curve to the left, having a radius of 100.00 feet, through a central angle of 20° 48' 15", for an arc
distance of 36.31 feet to a point of tangency;
(4) South 01° 05' 14" East 1019.74 feet (formerly 1019.49 feet per said Lot Line Adjustment) to a point on the
Northerly line of said Parcel One (Doc. No. 22746588 O.R.);
Thence, along said Parcel One (Doc. No. 22746588 O.R.) the following four (4) courses;
(1) North 88° 54' 46" East 40.00 feet to the Westerly line of Wolfe Road, 119 feet wide;
(2) Along said Westerly line South 010 05' 14" East 819.01 feet (formerly 819.02 feet per 22746588) to the
point of beginning of a tangent curve;
(3) Along said curve to the right having a radius of 60.00 feet, through a central angle of 90° 41' 14", for an
arc distance of 94.97 feet (formerly 94.96 feet per 22746588) to a point of tangency on the Northerly line
of Steven's Creek Boulevard, being 45 feet Northerly of the monument line thereof;
(4) Along said Northerly line South 89° 36' 00" West, 792.04 feet (formerly 792.24 feet per 22746588) to the
Easterly line of Parcel 1 as shown on that certain Parcel Map filed for record on May 26, 1988 in Book 586 of
Maps at Pages 43 and 44, Santa Clara County Records;
Thence, along the Westerly lines of said Parcel One (Doc. No. 22746588 O.R.), said Parcel 1-C1(2) and said
Parcel 1-A(2), North 00° 43' 00" West, 1263.89 feet to a point on the Southerly line of Amherst Drive, being 27.27
EXHIBIT A
(Continued)
feet Southerly of the monument line thereof, as shown on that certain map entitled "Tract No. 2086", filed for
record September 30, 1959 in Book 112 of Maps, Pages 40 and 41, Santa Clara County Records;
Thence, continuing along said Parcel 1-A(2) and the Southerly line of said Amherst Drive North 89° 12' 40" East,
299.09 feet (formerly North 89° 13' 29" East, 299.01 feet per said Lot Line Adjustment);
Thence, along the Westerly lines of said Parcel 1-A(2) and said Parcel 1-C1(2) and the Easterly line of said Tract
No. 2086 North 00° 05' 00" West, 799.89 feet (formerly North 00° 04' 30" East, 800.83 feet per said Lot Line
Adjustment); to the point of beginning.
The bearing of North 88° 54' 46" East between two found 2" brass disk monuments along the centerline of Vallco
Parkway, as shown on that certain parcel map filed for record in Book 804 of Maps, Pages 22-23, was used as
the basis of all bearings for this description.
APN: 316-20-122
PARCEL II -B:
A perpetual and exclusive easement, for the construction, maintenance in place and maintenance, repair,
replacement, re -construction and use of underground footings for buildings, structures and improvements to be
located in Parcel V -A hereinafter described and other land over, in, under, along and across the following
described real property:
All that air space bounded by planes projected vertically at the parcel limits, below the horizontal plane at
elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM -
1 Elev. 179.40);
Beginning at the intersection of the monument Line of Vallco Parkway as shown on that certain Parcel Map
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence N.
88 deg 54' 46" E., 103.43 feet to the True Point of Beginning; thence N. 1 deg 05' 14" W., 140.00 feet; thence N.
88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E. 140.00 feet; thence S. 88 deg 54' 46" W., 10.00 feet to
the True Point of Beginning.
PARCEL V -A:
A perpetual and exclusive easement granted by the City of Cupertino, California by Agreement dated October 8,
1974, recorded October 17, 1974 in Official Records, Santa Clara County, Book B 135 at Page 370, as amended
by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August
5, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book B571 Page 724, to construct,
maintain in place, maintain, repair, replacement re -construct and to use buildings, structures and improvements
over the following described Parcel of Land.
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being a
140 foot wide strip, bounded by planes projected vertically at the Parcel limits, above the horizontal plane at
elevation 195.50 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM -
1 = Elev. 179.40) the centerline of which is described as follows:
Beginning at the monument at the centerline of Wolfe Road and Vallco Parkway, as shown on that certain Parcel
Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records; thence Northerly along the centerline
of Wolfe Road as shown on said Parcel Map N. 1 deg 05' 14" W., 496.56 feet; thence at right angles S. 88 deg 54'
46" W., 94.00 feet to the True Point of Beginning; thence N. 88 deg 54' 46" E., 170.00 feet; The Easterly terminus
being the Easterly Right -of -Way line of Wolfe Road and the Westerly terminus being the Westerly Right -of -Way
line of Wolfe Road.
EXHIBIT A
(Continued)
PARCEL V -B:
The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair,
replacement, reconstruction and use of columns, supports, footings and foundations for buildings, structures and
improvements to be located in Parcel V -A above described, granted by The City of Cupertino, California, by
Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book
5135 at page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco
Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book
B571 at Page 724, over, in, under, along and across the following described real property.
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map,
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence leaving said monument line of Vallco Parkway along the Northerly projection of said
monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet to the True Point of Beginning; thence S. 88 deg
54' 46" W., 14.50 feet; thence N. 1 deg 05' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E. 32.00 feet; thence S.
1 deg 05' 14" E., 140.00 feet; thence S. 88 deg 54' 46" W., 17.50 feet to the True Point of Beginning.
PARCEL V -C:
The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair,
replacement, re -construction and use of columns, supports, footings and foundations for buildings, structures and
improvements to be located in Parcel V -A above described, granted by the City of Cupertino, California by
Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book
B135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, California and
Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in Book B571 at Page 724, Official
Records, and as amended by Second Amendment to Agreement, dated March 1, 1976 and recorded September
14, 1976 in Book C280 at Page 236, Official Records, and as amended by Third Amendment to Agreement, dated
October 7, 1991 and recorded July 24, 1992 in Book M297 at Page 1860, Official Records, over, in, under along
and across the following described real property:
All that space bounded by planes projected vertically at the Parcel limits, below the horizontal plane at elevation
173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM -1 = Elev.
179.40);
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map,
recorded in Book 325 of Maps at Page 12, Santa Clara County Records, with the monument line of Wolfe Road
as shown on said Map; thence leaving said monument line of Vallco Parkway along the Northeasterly projection
of said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence S. 88 deg 54' 46" W., 84.00 feet to
the True Point of Beginning; thence continuing S. 88 deg 54' 46" W., 10.00 feet to the Westerly line of Wolfe
Road; thence along said line N. 1 deg 05' 14" W., 140.00 feet; thence leaving said Westerly line, N. 88 deg 54'
46" E., 10.00 feet; thence S. 1 deg 05' 14" E., 140.00 feet to the True Point of Beginning.
PARCEL V -D:
A perpetual and exclusive easement to construct, repair, replace, reconstruct and use a vehicular tunnel and
appurtenances thereto not in excess of 70 feet in width to be constructed, granted by the City of Cupertino,
California by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara
County, Book B135 at Page 370, as Amended by Supplement to Agreement between the City of Cupertino,
California, and Vallco Park, Ltd., dated as of August 6, 1975, recorded on August 20, 1975 in the aforesaid
Official Records in Book B571 at Page 724, within the area described as follows:
Beginning at the monument at the intersection of the centerline of Wolfe Road and Vallco Parkway, as shown on
that certain Parcel Map, recorded in Book 325 at Page 12, Santa Clara County Records; thence along the
EXHIBIT A
(Continued)
Westerly prolongation of the centerline of Vallco Parkway as shown on said Parcel Map, S. 88 deg 54' 46" W.
94.00 feet; thence leaving said prolongation along a line parallel to and 94.00 feet Westerly of said centerline of
Wolfe Road, N. 1 deg 05' 14" W., 924.22 feet to the True Point of Beginning; thence continuing along said parallel
line N. 1 deg 05' 14" W., 95.26 feet; thence along a tangent curve to the right whose radius of 100.00 feet;
through a central angle of 20 deg 56' 09", an arc length of 36.54 feet to a point of reverse curvature; thence along
a tangent curve to the left, whose radius is 100.00 feet, through a central angle of 18 deg 28' 53" an arc length of
32.26 feet; thence tangent to said curve; N. 1 deg 22' 02" E., 71.50 feet to a point on the Right -of -Way line of the
lands of the State of California; thence leaving said Right -of -Way line N. 88 deg 54' 46" E. 171.63 feet to a second
point on said Right -of -Way line; thence Southerly along said Right -of -Way line S. 15 deg 06' 31" W., 63.83 feet;
thence leaving said Right -of -Way line Southerly along a line parallel to and 76 feet Easterly of the centerline of
Wolfe Road as shown on said Parcel Map, S. 1 deg 05' 14" E., 172.58 feet; thence at right angles S. 88 deg 54'
46" W., 170.00 feet to the True Point of Beginning.
Excepting therefrom that portion of Parcel V -D as was conveyed to the City of Cupertino by Deed recorded
October 15, 1976 in Book C348, Official Records, Page 714.
Also excepting therefrom that portion of Parcel V -D as was conveyed to the City of Cupertino by Deed recorded
October 15, 1976 in Book C348, Official Records, Page 723.
PARCEL XI:
The reciprocal and non-exclusive easements, rights, privileges of use, ingress and egress, parking and for utility
and other purposes created and granted as an appurtenance to said land, described in that certain Construction,
Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Sears, Roebuck and Co.
and Federated Department Stores, Inc., dated as of the 19th day of February 1975, Recorded the 7th day of
March, 1975 in Book B309, Page 1, Official Records, Santa Clara County, as amended by (1) First Amendment to
Construction, Operation and Reciprocal Easement Agreement Dated as of the 1st day of August, 1975 Recorded
August 29, 1975 in Book B591 at Page 434 of said Official Records; (2) Second Amendment to a Restatement of
Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated
Department Stores, Inc., Sears Roebuck and Co., Inc., and J. C. Penney Properties, Inc., dated as to the 1st day
of December, 1975 Recorded September 14, 1976 Book C280 Official Records, Page 296 in said Official Records
as Amended by Third Amendment to Reciprocal Easement Agreement Dated September 14, 1976, Recorded
June 24, 1977 File No. 5698586; (3) the unrecorded agreement dated as of the 19th day of February 1975,
between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same date
between Vallco Fashion Park Venture and Federated Department Stores, Inc. and the unrecorded Agreement
dated as of March 1, 1976 between Vallco Fashion Park Venture and J. C. Penney Properties, Inc. and (4) the
undated Agreement and Consent and Approval executed by Vallco Park, LTD., Vallco Fashion Park Venture,
Federated Department Stores, Inc. and Sears, Roebuck and Co. Recorded in aforesaid Official Records in Book
B309, Page 241 as amended by a First Amendment and Consent and Approval Dated August 1, 1975, by and
among the same parties Recorded in the aforesaid Official Records in Book B591, Page 445 as further amended
by another Agreement and Consent and Approval Dated as of December 1, 1975, by and among Vallco Center,
Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J.C. Penney Properties,
Inc., Recorded September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and
Consent and Approval Dated September 14, 1976 Recorded June 24, 1977 in Book C946 Page 001 and as
amended by (5) Fourth Amendment to Construction, Operation and Reciprocal Easement Agreement between
Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney
Properties, Inc. Dated May 1, 1979, Recorded October 15, 1980 in Book F656 Official Records, Page 203, and as
amended by (6) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between
Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney
Properties, Inc., Dated February 15, 1984 and Recorded February 16, 1984 in Book 1310 of Official Records,
Page 001, (7) as further amended by Sixth Amendment to Construction, Operation and Reciprocal Easement
Agreement between Vallco International Shopping Center, LLC, a California limited liability company; Macy's
Development Stores, Inc., an Ohio corporation; Sears, Roebuck and Company, a New York corporation and J.C.
Penney Properties, Inc., a Delaware corporation, dated July 14, 2006 and recorded August 25, 2006 as
EXHIBIT A
(Continued)
Instrument No.19079269 of Official Records, (said Construction, Operation and Reciprocal Easement
Agreement, as amended, said Agreements as Amended and said Original Agreement and Consent and Approval,
as amended are hereinafter referred to collectively as "Construction, Operation and Reciprocal Easement
Agreement", in, on, over, upon and under certain adjoining real property therein, more particularly described,
together with all of the rights, powers and privileges and benefits under said Construction, Operation and
Reciprocal Easement Agreement, accruing to Vallco Fashion Park Venture, Vallco Park, Ltd., and Vallco Center,
Inc., their successors, legal representatives and assigns.
Excepting therefrom said rights, powers, privileges and benefits which are not real property or interest in real
property.
Also Excepting therefrom that portion Released by Release and Termination, Recorded January 9, 2017,
Instrument No. 23552485, of Official Records.
PARCEL XVI:
An easement to construct, maintain, use and operate an automobile parking structure for automobile and other
vehicle parking, and rights of access, ingress and egress for automobiles and other vehicles and for pedestrians
and for utilities, landscaping and incidental uses, as reserved by Vallco Fashion Park Venture, a California
partnership in the "Amendment to Ground Sublease" recorded March 1, 1985 as Instrument No. 8340269, in
Book J283 at Page 149, on the following described land:
All that certain parcel of land, being a portion of Parcel IA of the sublease between Vallco Fashion Park Venture
and Federated Department Stores, Inc., Recorded March 7, 1975 in Book B308 at Page 565 through 571, Santa
Clara County Records, State of California and more particularly described as follows:
Beginning at the Southeast corner of Tract 2086 as shown on that certain Map Recorded in Book 112 of Maps, at
Pages 40 and 41, Santa Clara County Records; (1) thence Northwesterly along the Easterly line of said Tract
North 0 deg. 43' West 742.60 feet to a point, said point being the southwest corner of the aforementioned Parcel
IA; (2) thence Northeasterly leaving said Easterly line of said Tract, along the Southerly boundary of the
aforementioned Parcel IA North 88 deg. 54' 46" East 69.00 feet to the True Point of Beginning; (3) thence
continuing along said Southerly line of Parcel IA South 88 deg. 54' 46" East 230.55 feet; (4) thence North 1 deg.
05' 14" West 83.48 feet; (5) thence North 28 deg. 54' 46" East 12.77 feet; (6) thence Southwesterly, leaving the
boundary line of the aforementioned Parcel IA, South 88 deg. 54' 46" West 263.31 feet; (7) thence South 0 deg.
42' 30" East 94.54 feet to the Point of Beginning.
Said easement shall terminate upon the termination of the Federated Department Stores lease and/or upon the
demolition and removal of the parking structure as therein provided.
PARCEL XIV-A:
A non-exclusive easement, for a term of 60 years, to terminate July 1, 2029, as granted to Sears, Roebuck and
Co., a New York corporation, for the purpose of vehicular and pedestrian ingress and egress, by Easement Deed
for term of years, recorded August 22, 2010, Book 8647, Page 492, Instrument No. 3673181, of Official Records,
over, across, and upon the following:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, and being
more particularly described as follows:
Beginning at the point of intersection of the monument line of Stevens Creek Boulevard, said monument line
being parallel with and 45.00 feet Southerly (measured at right angles) of the Northerly line of said Boulevard,
with the centerline of Wolfe Road (108.00 feet wide) thence along said monument line, S 89° 36' 00" W 907.37
feet to its intersection with the Southerly projection of the most Easterly line of Tract No. 2086, recorded in Book
112 of Maps at Page 40 and 41, Santa Clara County Records; thence leaving said monument line Northerly along
EXHIBIT A
(Continued)
said projected line; N 00° 42' 55" W 45.00 feet to the true point of beginning, said point being on the aforesaid
Northerly line of Stevens Creek Boulevard; thence continuing along said projected line, N 00° 42' 55" W 249.00
feet; thence leaving said line at a right angle S 89° 17' 05" W 25.00 feet; thence at a right angle S 00° 42' 55" E
228.75 feet; thence on a tangent curve to the right having a radius of 20.00 feet; through a central angle of 90° 18'
55" an arc length of 31.53 feet to a point on said Northerly line of Stevens Creek Boulevard; thence along said
Northerly line N 89° 36' 00" E 45.11 feet to the true point of beginning.
TRACT TWO:
PARCEL ONE:
Parcel B, pursuant to Lot Merger, recorded January 14, 2019, Instrument No. 24097492, of Official Records,
described as follows:
All that certain real property lying in the City of Cupertino, County of Santa Clara, State of California, being all of
Parcel One, Two and Three as shown on that certain Lot Line Adjustment recorded August 22, 2006 as
Document Number 19069106 in Santa Clara County Official Records, more particularly described as follows:
Beginning at the Northeasterly corner of said Parcel Three;
Thence, along said Parcel Three South 60° 16' 27" East 123.59 feet (formerly 123.46 feet per said Lot Line
Adjustment);
Thence, continuing along said Parcel Three, South 01° 05' 14" East 1049.61 feet to a point on the Northerly line
of Vallco Parkway lying 55.000 feet Northerly of and perpendicular to the monument line thereof;
Thence, along said Parcel Three and Two, South 88° 54' 46" West 678.04 feet (formerly 678.00 feet per said Lot
Line Adjustment) to the beginning of tangent curve;
Thence, continuing along said Parcel Two on a curve to the right having a radius of 20.00 feet, through a central
angle of 90° 00' 00", an arc length of 31.42 feet to a point of tangency;
Thence, continuing along said Parcels Two and One, said line being also the Easterly line of Wolfe Road, North
01° 05' 14" West 1021.53 feet (1021.65 feet per said Lot Line Adjustment);
Thence, continuing along said Parcel One the following four (4) courses:
(1) North 150 06' 31" East, 41.27 feet (formerly 41.30 feet per said Lot Line Adjustment); to the beginning of a
non -tangent curve, concave to the North to which a radial line bears South 01° 39' 13" East;
(2) Easterly along said curve having a radius of 528.00 feet, through a central angle of 02° 15' 02", an arc
length of 20.74 feet;
(3) North 86° 05' 45" East, 119.28 feet;
(4) North 88° 54' 46" East, 55.94 feet to a point on the Westerly line of said Parcel 3;
Thence, along said Parcel 3, North 01° 05' 14" West, 25.28 feet;
Thence, continuing along said Parcel 3, North 88° 54' 46" East, 384.58 feet to the point of beginning.
The bearing of North 88° 54' 46" East between two found 2" brass disk monuments along the centerline of Vallco
Parkway, as shown on that certain Parcel Map filed for record in Book 804 of Maps, Pages 22-23, was used as
the basis of all bearings for this description.
APN: 316-20-121
PARCEL TWO:
EXHIBIT A
(Continued)
The reciprocal and non-exclusive easements, rights, privileges of use, ingress and egress, parking and for utility
and other purposes created and granted as an appurtenance to said land, described in that certain Construction,
Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Sears, Roebuck and Co.
and Federated Department Stores, Inc., dated as of the 19th day of February 1975, Recorded the 7th day of
March, 1975 in Book B309, Page 1, Official Records, Santa Clara County, as amended by (1) First Amendment to
Construction, Operation and Reciprocal Easement Agreement Dated as of the 1st day of August, 1975 Recorded
August 29, 1975 in Book B591 at Page 434 of said Official Records; (2) Second Amendment to a Restatement of
Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated
Department Stores, Inc., Sears Roebuck and Co., Inc., and J. C. Penney Properties, Inc., dated as to the 1st day
of December, 1975 Recorded September 14, 1976 Book C280 Official Records, Page 296 in said Official Records
as Amended by Third Amendment to Reciprocal Easement Agreement Dated September 14, 1976, Recorded
June 24, 1977 File No. 5698586; (3) the unrecorded agreement dated as of the 19th day of February 1975,
between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same date
between Vallco Fashion Park Venture and Federated Department Stores, Inc. and the unrecorded Agreement
dated as of March 1, 1976 between Vallco Fashion Park Venture and J. C. Penney Properties, Inc. and (4) the
undated Agreement and Consent and Approval executed by Vallco Park, LTD., Vallco Fashion Park Venture,
Federated Department Stores, Inc. and Sears, Roebuck and Co. Recorded in aforesaid Official Records in Book
B309, Page 241 as amended by a First Amendment and Consent and Approval Dated August 1, 1975, by and
among the same parties Recorded in the aforesaid Official Records in Book B591, Page 445 as further amended
by another Agreement and Consent and Approval Dated as of December 1, 1975, by and among Vallco Center,
Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J.C. Penney Properties,
Inc., Recorded September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and
Consent and Approval Dated September 14, 1976 Recorded June 24, 1977 in Book C946 Page 001 and as
amended by (5) Fourth Amendment to Construction, Operation and Reciprocal Easement Agreement between
Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney
Properties, Inc. Dated May 1, 1979, Recorded October 15, 1980 in Book F656 Official Records, Page 203, and as
amended by (6) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between
Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney
Properties, Inc., Dated February 15, 1984 and Recorded February 16, 1984 in Book 1310 of Official Records,
Page 001, (7) as further amended by Sixth Amendment to Construction, Operation and Reciprocal Easement
Agreement between Vallco International Shopping Center, LLC, a California limited liability company; Macy's
Development Stores, Inc., an Ohio corporation; Sears, Roebuck and Company, a New York corporation and J.C.
Penney Properties, Inc., a Delaware corporation, dated July 14, 2006 and recorded August 25, 2006 as
Instrument No. 19079269 of Official Records, (said Construction, Operation and Reciprocal Easement
Agreement, as amended, said Agreements as Amended and said Original Agreement and Consent and Approval,
as amended are hereinafter referred to collectively as "Construction, Operation and Reciprocal Easement
Agreement", in, on, over, upon and under certain adjoining real property therein, more particularly described,
together with all of the rights, powers and privileges and benefits under said Construction, Operation and
Reciprocal Easement Agreement, accruing to Vallco Fashion Park Venture, Vallco Park, Ltd., and Vallco Center,
Inc., their successors, legal representatives and assigns.
Excepting therefrom said rights, powers, privileges and benefits which are not real property or interest in real
property.
Also Excepting Therefrom that portion Released by Release and Termination Recorded January 9, 2017,
Instrument No. 23552485. of Official Records.
PARCEL THREE:
A non-exclusive easement for sewer purposes as created in Grant Deed recorded May 27, 1977, Book C869,
Page 202, Instrument No. 5665237, of Official Records, over a strip of land being 10 feet in width, the centerline
of which is described as follows:
EXHIBIT A
(Continued)
Commencing at the most Southwesterly corner of said Parcel 2, shown upon the Parcel Map, recorded in Book
325 of Maps at Page 12, Santa Clara County Records, being a point in the Northerly line of Vallco Parkway
(100.00 feet wide) as shown on said Parcel Map;
Thence leaving said Northerly line along the Westerly line of said Parcel 2 N 1 ° 05' 14" W, 613.18 feet to the point
of beginning;
Thence leaving said Westerly line N. 64° 49' 17" E, 435.66 feet to a point in the Northeasterly line of said Parcel
2, being a point in the Southwesterly line of the "Junipero Serra Freeway", as shown on said Parcel Map, and the
terminus of this easement, from which the Southeasterly terminus of the course in said Southwesterly line bears S
57° 03' 45" E, 18.87 feet.
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated t, 2025 from Vallco Property Owner LLC, a Delaware limited
liability company, to the City of Cupertino, a municipal corporation, is hereby accepted
by the undersigned on behalf of the City Council of the City of Cupertino pursuant to
authority conferred by Resolution No. 11-175 of the City Council adopted on October 4,
2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated:
By:
Chad Mosley
Director of Public Works & City Engineer
Public Works Department
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 June 18, 2025 before me, Kirsten Squarcia ,Notary Public,
(Here insert name and title of the officer)
personally appeared Chad Mosley
who proved to me on the basis of satisfactory evidence to be the persons) whose names 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.
*my
KIRSTEN SQUARCIA
Notary Public - California
WITNESS my hand and official seal. Santa Clara County
Commission # 2431589
bkJ9 Comm, Expires Dec 19, 2026
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