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09-033 Land & Water Conservation Fund GrantOFFICE OF THE DEP/'-RTMENT OF PUBLIC WORKS CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 77'7-3354• FAX: (408) 777-3333 MEMOR~-NDUM Date: March 27, 2009 To: Distribution From: Gail Seeds Subject: Memorandum of Unrecorded Grant Agreement, Land and Water Conservation Fund grant, McClellan Ranch Facility Improvements, Project 9124 For your records, attached is a recorded copy of tl:~e Memorandum of Unrecorded Grant Agreement relating to a Land and Water Conserv~ition Fund grant agreement between State of California an ~t>ae C`~ity. ~, , ,I j ~-~ ~-' ~ cc: City Clerk w/original, M. Linder (w/o), T. Greene (w/o), G. Seeds, PW, File 9112, File 9124 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 r~ Doc#: 20189704 3/27/2009 2:01 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE /N ACCORDANCE WITH GOV. CODE 6103 MEMORANDUM OF UNRECOl~2DED GRANT AGREEMENT O Or'ginal For Fast Endorsement Recording requested by, and When recorded, return to: State of California Department of Parks and Recreation Grants and Local Services Division P.O. Box 942896 Sacramento, CA 94296-0001 Coun Santa Clara APN: 357-06-10, 357-06-11 Space above this line for Recorder's use Memorandum of Unrecorded Grant Agreement This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of March 6, 2009, is recorded to provide notice of an agreernent between the State of California, acting by and through the Department of Parks and Recreation ("DPR"), and the City of Cupertino ("Grantee"). RECITf~LS A. On or about April 6, 2006 and as subsegi.lently amended June 2008, DPR and Grantee entered into a certain Grant AgrE:ement No. 088940011, pursuant to which DPR granted to Grantee certain funds for the acquisition or improvement of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the "Real Property"). B. Under the terms of the Grant Agreement, DPR reserved certain rights with respect to the Real Property acquired or improved with the grant funds. C. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain rights reserved by DPR under the Grant Agreement. NOTICE 1. The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting by and through the Department of Parks and Re~:reation (DPR), or its successor, provided that such approval shall not be unreasorn~bly withheld as long as the purposes for which the Grant was awarded are maintained. 2. The Real Property (including any portion of it or any interest in it) may not be used as security for any debt or for mitigation without the written approval of the State of California, acting through the DPR, or its successor, provided that such approval shall not be unreasonably withheld as long as ~Ihe purposes for which the Grant was awarded are maintained. For additional terms and conditions of the Grant, rE~ference should be made to the Grant Agreement which is on file with the DPR located ai: Grants and Local Services Division, 1416 Ninth Street, Room 918, Sacramento, CA 95814. DPR: GRANTS.E: Cit of Cu ertino Signature Date ignature Date 1?~-~ :r ~ %~ e r ;_ t ~x ~_ i-:; ~,~ ~ ~_ ~~tr' i ~,, J+ ~ ,~, David W. Knapp. City Manager Printed Name and Title Printed Name and Title EXHIIBIT A ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 22, T. 7 S., R. 2 W., M.D.B. & M. AND INCLUDING THEREIN PORT7:ONS OF LOTS 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96 AND 99, AND A PORTION OF VALLEClI'0 ROAD AS SAID LOTS AND ROAD ARE SHOWN ON THE MAP OF MONTA VISTA PARK, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY OiV APRIL 11, 1917 IN BOOK "P" OF MAPS, PAGE 19, DESCRIBED AS FOLLOWS: BEGINNING AT A ONE INCH IRON PIPE AT THE INTERSECTION THEREOF THE CENTERLINE OF MCCLELLAN ROAD AND THE WESTERLY BOUNDARY LINE OF THE COLONY TRACT, THE MAP OF WHICH IS ON FILE IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY IN BOOK "P" OF MAPS, PAGE 21; THENCE ALONG SAID CENTEI~LINE OF MCCLELLAN ROAD S. 64° 31' 12" W. 103.80 FEET TO A 3/4" I.P.; THENCE S. 78° 51' 47" W. 196.60 FEET TO A 3/4" IRON PIPE; THENCE S. 61° 49' 47" W. 296.20 FEET TO A :i/4" I.P. SANTA CLARA COUNTY STATION 17+7694; THENCE S. 80° 27' S4" W. 145.54 FI.ET TO A 3/4" I.P.; THENCE N. 54° 03' 06" W. 113.46 FEET TO THE INTERSECTION OF THE (CENTERLINE OF MCCLELLAN ROAD WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN 15.25 ACRE TRACT OF IrAND DESCRIBED IN THE DEED FROM CLIFFORD J. SIMMS, ET UX, TO HIROSUKE INOUYE, ET UX, RECORDED JULY 22;. 1955 IN BOOK 3232 OF OFFICIAL RECORDS, PAGE 86, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID CENTERLINE AND RUNNING THE SOUTHWESTERLY LINE OF SAID 15.25 ACRE TRACT N. 25° 07' W. 41.33 FEET TO THE: NORTHEASTERLY LINE OF MCCLELLAN ROAD; THENCE ALONG SAID NORTHEASTERLY LINE ~~. 54° 03' 06" E. 44.85 FEET TO THE SOUTHEASTERLY TERMINUS OF THE AGREED BOUNDARY LINE, AS DESCRIBED IN THE AGREEMENT EXECUTED BY AND BE7VVEEN CLIFFORD J. SIMMS, ET UX AND HIROSUKE INOUYE, RECORDED OCTOBER 7, 1957 IN BOOK 3907 OF OFFICIAL RECORDS, PAGE 35, RECORDS OF SAID COUNTY, SAID AGREED BOUNDARY LINE ALSO SHOWN ON THE MAP OF RECORD OF SURVEY ON FILE IN BOOK 67 OF MAPS, PAGE 36; THENCE LEAVING THE NORTHEASTERLY LINE OF MCCLELLAN ROAD ALONG SAID AGREED LINE BEING THE CENTERLINE STEVENS CREEK, AS THE SAME EXISTED AT THE DATE OF AGREEMENT THE FOLLOWING COURSES AND DISTANCES: N. 12° 03' 33" W. 75.41 FEET; THENCE N. 54° 02' 36" W. 82.13 FEET; THENCE N. 19° 24' 36" W. 330.00 FEET; THENCE N. 6° 23' 24" E. 124.55 FEET; THENCE N. 53° 06' S9" E. 219.56 FEET; THENCE N. 30° 17' 17" E. 159.80 FEET; THENCE N. 51° 34' 47" E. 154.46 FEET; THENCE N. 88° 09' S0" E. 177.37 FEET; THENCE S. 61° 46' S5" E, 153.27 FEET; THENCE S. 45° 24' 00" E. 114.77 FEET; THENCE S. 16° 02' E. ].00.58 FEET; THENCE S. 68° 40' 00" E. 121.93 FEET TO THE INTERSECTION THEREOF WITH "THE WESTERLY LINE OF THE COLONY TRACT HEREIN ABOVE REFERRED T0; THENCE LEAVIPJG SAID CENTERLINE OF STEVENS CREEK AND AGREED BOUNDARY LINE AND RUNNING ALONG THE WESTERLY LINE OF SAID COLONY TRACT AND THE EASTERLY LINE OF MONTA VISTA PARKS. 47° 15' 00" W. 47.64 FEET TO THE SOUTHERLY CORNER OF LOT 99 SAID MONTA 'VISTA PARK MARKED BY A FENCE POST; THENCE LEAVING SAID MONTA VISTA PARK ACID CONTINUING ALONG THE WESTERLY LINE OF SAID COLONY TRACT S. 8° 06' 48" E. 438.93 FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 15.37 ACRES. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT, A PUBLIC CORPORATION BY GRANT DEED RECORDED OCTOBER 5, 1972 IN BOOK 0054, PAGE 9, OFFICIAL RECORDS, DESCRIBED THEREIN AS FOLLOWS: "BEING A PORTION OF THE LANDS OF THE CITY OF CUPERTINO AS DESCRIBED IN THE DEED RECORDED IN BOOK 3232 OF OFFICIAL RECORDS AT PAGE 86 ET SEQ., SANTA CLARA COUNTY RECORDS, TO WIT: ALL OF SAID LANDS LYING WITHIN A STRIP OF LAND 120 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING THE NOW EXISTING CENTER LINE OF STEVENS CREEK AS SAID STRIP IS SHOWN ON 'EXHIBIT A2' ATTACHED HERETO AIVD MADE A PART HEREOF." CALIFORNIA ALL-PURPOSE ACKNOIiNLEDGMENT State of California County of `CL-ti^~ C-~R-'V~~ On ~~ ~'!J~ before me, Date personally appeared ~v u~; ~- y~p-~ Q v Name(s) of ~ign~r(s) 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/srle/they executed the same in his/her/their authorized JULIA KINST capa~~ity(ies), and that by his/her/their signature(s) on the Commission ~ 1833129 instrument the person(s), or the entity upon behalf of Notur ~~ " Casa which the person(s) acted, executed the instrument. Santa Clue Countir Comm. Ex iris Jan 25.2013 I certify under PENALTY OF PERJURY under the laws of thE~ State of California that the foregoing paragraph is true ~~nd correct. WIT~JESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAI L Though the information below is not required by law, it may pr~~ve valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~-~-~VI.L~V~-L~L t'V-~ e"t' u-~~t V~.C,6y~~+ ~ ~~~Y L ""` Document Date: ~ ~ (0 ~ b ~ Number of Pages: Signer(s) Other Than Named Above: ~ ~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ^ Individual C Individual ^ Corporate Officer -Title(s): C Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ C Partner - ^ Limited ^ General _ _ _ ^ Attorney in Fact • -- ^ Attorney in Fact • - ^ Trustee Top of thumb here ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Guardian or Conservator ^ Other: ^ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913~~ 3-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 7 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKN0IAILEDGMENT c'~'-c~'~c~CTC~',c~C',c'~:'-c~'-cy',caE~.c~czFV~r- . ~c'~..~f?;i~~'„~,r.,eFY.FiY`.k.`iC`.~,c_~f?.k~.~.Gf?.,c~^..4=,~.cT2~FZ~(`,~:cc_.~.c,c~-..,~Y~o~.nr-,~ State of California County of ~C12AfYlc ~~~ On ~~'~O ~ before me, Date personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose name is/~ subscribed to the within instrument and acknowledged to me that ~/shE~/tfj,eq executed the same in f~/her/tom authorized capac~ty(~), and that by ~/her/theiP' signature(') on the instrurent the personf,8fi, or the entity upon behalf of which the person{rs') acted, executed the instrument. ~1lHI Y 1 Co~rion • 1>It57S9 Ml~ry Pwlic - C~IMaai~ S~ernn~ito ClouMf- Comm. Oec 5 2012 Place Notary Seal Above and I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNI.SS my hand and official seal. 0 Signature Si lure of Not ry ub is OPTIONAL! Though the information below is not required by law, it may pro~7e valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documental t 1~°m(1(C,G~-1JC1l~YY1 Cry VINfZ~C~`(ZC~~G Document Date: ~" Y ~O ~ Oc) Number of Pages: Signer(,~j Other Than Named Above: ~Q~\ W , ~N ~Z, j,~- ,' Capacity(ies) Claimed by Signer(s) Signer's Name: ~~-Kl'J(~-12pt~~.~ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: r~LJ Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ 'Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 9131:1-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827