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09-042 Unrecorded Grant Agreement, State of CARECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE /N ACCORDANCE WITH GOV. CODE 6103 MEMORANDUM OF UNRECORDED GRANT AGREEMENT Original O 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~GrantAgreement 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"). RECIT~~LS A. On or about April 6, 2006 and as subsequently amended June 2008, DPR and Grantee entered into a certain Grant Agreement No. 088940011, pursuant to which DPR granted to Grantee certain funds fol-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 Recreation (DPR), or its successor, provided that such approval shall not be unreasonably 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 witl-lout 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 the purposes for which the Grant was awarded are maintained. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement which is on file with the DPR located at: Grants and Local Services Division, 1416 Ninth Street, Room 918, Sacramento, CA 95814. DPR: GRANT 't of Cu ertino Signature Date Signature Date '~ C;~_ ~ ~: z~_ ~ ~~ ~t''~., ~:: ~~; ~•~, ~ ~- `- ~k~ ~ ~, . David W. Knapp. City Manager Printed Name and Title ~ Printed Name and Title EXHIBIT A ALL THAT CERTAIN REAL PROPERTY BEING i~ PORTION OF SECTION 22, T. 7 S., R. 2 W., M.D.B. 8c M. AND INCLUDING THEREIN PORTIONS OF LOTS 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96 AND 99, AND A PORTION OF VALLECITO 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 C-N 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 BOUIVDARY 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 CENTERLINE OF MCCLELLAN ROAD S. 64° 31' 12" W. 103.80 FEETTO A 3/4" LP.; THENCE S. 78° 5T 47" W. 196.60 FEETTO A 3/4" IRON PIPE; THENCE S. 61° 49' 47" W. 296.20 FEET TO A 3/4" I.P. SANTA CLARA COUNTY STATION 17+7694; THENCE S. 80° 27' S4" W. 145.54 F=EET 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 1~~.25 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM CLIFFORD ]. SIMMS, ET UX, TO IVIROSUKE 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° 0T W. 41.33 FEET TO TF!E NORTHEASTERLY LINE OF MCCLELLAN ROAD; THENCE ALONG SAID NORTHEASTERLY LINE S. 54° 03' 06" E. 44.85 FEET TO THE SOUTHEASTERLY TERMINUS OF THE AGREEC~ BOUNDARY LINE, AS DESCRIBED IN THE AGREEMENT EXECUTED BY AND BETWEEN 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 ATTHE DATE OF AGREEMENT THE FOLLOWING COURSES AND DISTANCES: N. 12° 03' 33" W. 75.31 FEET; TI~ENCE 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. 100.58 FEET; THENCE S. 68° 40' 00" E. 121.93 FEET TO THE INTERSECTION THEREOF WITH THE WESTERLY LINE OF THE COLONY TR,4CT HEREIN ABOVE REFERRED T0; THENCE LEAV.[NG 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 P,4RK S. 47° 15' 00" W. 47.64 FEET TO THE SOUTHERLY CORNER OF LOT 99 SAID MONTH, VISTA PARK MARKED BY A FENCE POST; THENCE LEAVING SAID MONTA VISTA PARK P,ND CONTINUING ALONG THE WESTERLY LINE OF SAID COLONY TRACT S. 8° 06' 48" E. 438.93 f=EET 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 QTY 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 CF 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 ~4ND MADE A PART HEREOF." CALIFORNIA ALL-PURPOSE ACKN01iNLEDGMENT State of California County of r~~ ~~~ On ~ ! ~ I ~ ~ before me, `u~'~'~ ~ ~~~f'"- N D~,'l.<~~ ~v` ~~ ~- ; Date ~ Here Insert Name ahd Title of the Officer personally appeared ~~' U~' JULIA KINST Commission #- 1!{33129 Notary Public - CaNfornia Soma Cleo County Comm. Jan 25.2013 who Droved 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 capat;ity(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 cerlify under PENALTY OF PERJURY under the laws of thE~ State of California that the foregoing paragraph is true ~tnd correct. WITI~IESS my hand and official seal. ~~(,~~~ ~~y~~ Sign~lture Place Notary Seal Above Signature of Notary Public OPTIONAiL Though the information below is not required by law, it may pn~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: ~'~-tiV~C~y~(X-11~.ufh ~'-~ ~'~ ~(l 1r~C t: ~C~FCI Document Dater ~' d ~ Number of Pages: Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Signer's Name: CI Individual CI Corporate Officer -Title(s): _ CI 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., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOYI/LEDGMENT '~~cr~c~'~i~~~,c~~.cr~c~'~c~'~c~'~~c~'~c~'~c~'~.c~~c~'~c~'~~,cY~;c~~~.;':c~ . ~:e>,c-~,~:c.,~t- :. T ~..~m,~.~c~.~.~~.,c~.~. State of California County of ~(~ RC~m~NTO On ~ before me, D e personally appeared M '1 ~ O 1025TS9 MlMilt! PwMie ' CWler~a aserama~o Col~f- ~, Otc 5.2012 Place Notary Seal Above ~~,~; who Ktroved to me on the basis of satisfactory evidence to be thE~ person~'j whose name~8'j is~ subscribed to the within instrument and acknowledged to me that ~'/she/t executed the same in~/her/~i"r authorized capac:i y~sj, and that by ~/her/tperf signature~s'j on the instruirent the person(a'), or the entity upon behalf of which the persons') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a.nd correct. WITNESS my hand and official seal. 0 Signature Signatu of Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove 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: m Document Date: ~~~~~ ~ Number of Pages: ~, v Signer(,a'j Other Than Named Above: 1.~-U 1 Capacity(i~ Claimed by Signer(~j Signer's Namee~A'Q~(~t21~- ~+ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Re resenting: ~1 C •- Top of thumb here Signer's Name: C Individual C Corporate Officer -Title(s): C Partner - ^ Limited ^ General _ _ _ C Attorney in Fact • C Trustee Top of thumb here C Guardian or Conservator C Other: Signer Is Representing: ~m~-~ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6627 State of California • The Resources Agency Arnold DEPARTMENT OF PARKS AND RECREATION • P.0. Box !x42896 • Sacramento, CA 94296-0001 March 16, 2009 Gail Seeds Restoration Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Governor Ruth Coleman, Director MqR 1 mar ~~~~14 Re: Project Number: 06-01540 -- Stevens Creek Park Development Dear Ms. Seeds, Please follow the instructions for processing tf ie final stages of the MOUGA process. Let me know if you have any questions. Sincerely, ~~ Albert Ventura Project Officer Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-223 • FAX: (408) 777-3366 CUPERTINO March 26, 2009 Santa Clara County Recorder's Office 70 West Hedding Street San Jose, CA 95110-1768 DOCUMENT FOR RECORDATION MEMORANDUM OF UNRECORDED GRANT AGREEMENT The enclosed document is for recording. If you have any questions or concerns, please contact our office at (408) 777-3223. Sincerely, G~f~~'~ Juli 'nst City Clerk's Office City of Cupertino «NO F'EE" 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 grant agreement with The State of California and the City of Cupertino, a governmental agency, is hereby accepted by the City of Cupertino on March 9`~, 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated: March 26, 2009 Julia Kinst Senior Office Specialist CUPERTINO OFFICE OF THE DEPEIRTMENT OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354• FAX: (408) 777-3333 MEMORANDUM Date: Apri120, 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 copy of a Memorandum of Unrecorded Grant Agreement relating to a Land and Water Conservation Fund grant agreement between State of California and the City. It is a clean copy of what was delivered to tl~e County Clerk for recording. w~ cc: City Clerk w/original, M. Linder (w/o), T. Greene (w/o), G. Seeds, File 9112, File 9124