E-641 Declaration of Covenants, Conditions, and Restrictions and Establishments of Easements Affecting Land, 21255 Stevens Creek Blvd, APN 326-27-035 DOCUMENT: 20803597 Pages: 24
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City Clerk's Office SANTA CLARA COUNTY RECORDER 8/04/2010
City of Cupertino Recorded at the request of 1 1 : 14 AM
10300 Torre Avenue C i i y
Cupertino, CA 95014 -3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
DECLARATION OF COVENANTS, CONDITIONS, AND \
RESTRICTIONS AND ESTABLISHMENTS OF
EASEMENTS AFFECTING LAND
21255 STEVENS CREEK BOULEVARD
APN # 326 -27 -035
MODENA INVESTMENT, LP, AND SUNNYVALE HOLDING LLC
g riginal
0 For Fast Endorsement
Recording Request By
The City of Cupertino
and When Recorded
Return To:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
ESTABLISHMENT OF EASEMENTS AFFECTING LAND
WHEREAS Declarants MODENA INVESTMENT, LP, a California limited partnership,
and SUNNYVALE HOLDING, LLC, a California limited liability company, tenants -in
common fee owners (being referred to herein as "Declarants ") of that certain real property
situated in the City of Cupertino, County of Santa Clara, State of California (the "Property ")
described as:
See Exhibit A hereto for Legal Description of the "Property ".
WHEREAS on or about September 2, 2008, the City of Cupertino approved a
Tentative Map for the subdivision of the Property, consisting of an 8.1 net acre parcel of
land into two (2) parcels of approximately 2.6 acres and 5.5 acres in size, respectively
Parcels A and B, with one parcel (Parcel A) to be further subdivided into two commercial
condominium units and a common area lot.
WHEREAS the Final Parcel Map more particularly describes the approximately 2.6
acres as:
See Exhibit B hereto for Legal Description
which parcel shall, hereafter be referred to simply as "Parcel A ";
WHEREAS the Final Parcel Map more particularly describes the approximately 5.5
acres, (Parcel B) that includes the commercial shopping center commonly known as the
`Oaks Center as:
See Exhibit C hereto for Legal Description
WHEREAS Declarants intend, by this Declaration, to impose upon each parcel of
land comprising the Property now described herein as "Parcel A" and "Parcel B" (i) mutual
equitable servitudes in favor of all such Property and (ii) to create reciprocal rights and
obligations between and among each Owner of such Parcels for the time when Declarants
transfer, if at all, their fee simple interest, fractionally or in its entirety to prospective Owners.
WHEREAS Declarants intend that Parcels A and B, as described in Exhibits B and C,
respectively, be made subject to the covenants, conditions, restrictions and non - exclusive
easements affecting land contained within this Declaration.
WHEREAS each of the restrictions in this Declaration is intended to run and will run
with the land and each Parcel of land as herein -above described, is and will be affected and
burdened by the covenants of its Owner(s) for the benefit of the other Parcel(s) in the
Property and their respective heirs, successors and assigns.
WHEREAS Declarants will hereafter hold, lease and convey title to the land
comprising the Property, subject to the covenants, conditions, easements and restrictions set
forth in this Declaration. (hereafter, "Restrictions ").
NOW, THEREFORE, Declarants hereby covenant, agree and declare that all of their
interest, as the same may from time to time appear in and to the land comprising the
Property, will be held, transferred, sold, leased, occupied and conveyed subject to the
following covenants, conditions, easements and restrictions which are hereby declared to
be for the benefit of said interest in the Property and that such Restrictions shall run with the
Property on every part thereof or interest therein and they shall be binding upon all parties
having or acquiring any right or title in said interests or any part thereof and upon their
Occupants and respective heirs, successors and assigns.
ARTICLE I: EASEMENTS
1.1. Ingress and Egress. Each Owner of a Parcel comprised by the Property shall
have the right to a non - exclusive easement for vehicular and pedestrian ingress and egress
appurtenant to each parcel for the benefit of such Owner and of its Occupants, customers
or invitees under, over, upon, and across the entry driveways into the Property from
Stevens Creek Boulevard and Mary Avenue, including any future reconfiguration thereof
and under (below level /underground) over, upon and across the parking areas and spaces,
driveways and access ways, sidewalks and walkways, exits and entrances, and other
common areas, as such areas shall, from time to time, be developed, altered or modified for
ingress and egress to and from such Owner's parcel for the benefit of such Owner and of its
Occupants, customers and invitees. This Section 1.1 will not create any rights in any parties
other than the Owners, and no Owner will have the right to grant easements for ingress,
egress, parking or use of the Common Area to any third party who is not an Owner or
Occupant and then only as it is consistent with the terms and conditions of this Declaration.
1.2. Parking. Each Owner of a parcel comprised by the Property shall have the right
to a non - exclusive easement for the purpose of vehicular parking under (below
level /underground), across and upon the Common Area of such Parcel designated for
parking and then in accordance with reasonable rules and regulations then prevailing over
such parking areas for the benefit of Owner and of its Occupants, customers and invitees.
Such parking spaces shall be used for no purpose other than for temporary parking of
Owner and of its Occupants, customers and invitees. Employees of Owner and of its
Occupants may be required to park only in areas designated for them for such purpose. No
overnight parking will be permitted in the Common Area designated for vehicular parking
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 2
except as may be authorized by Owner and /or Occupants under the terms of a lease as
provided in Section 1.5, below, or in connection with any authorized activity of Owner and /or
Occupants that requires such overnight parking and that is compliant with requirements of
the City of Cupertino. Under no circumstances shall such overnight parking be permitted for
inhabitation and /or sleeping purpose of anyone.
1.3. Utility Lines: Each Owner of a parcel comprised by the Property shall have the
right to non - exclusive easements under, through and across the Common Area for the
installation, maintenance, repair and replacement of water drainage systems or structures,
water mains, storm drains, sewers, water sprinkler system lines, telephone or electrical
conduits or systems, gas mains, transformers and other facilities for utilities necessary for
the orderly development and operation of the Common Area and of each Building in the
Property. The rights granted pursuant to such easements will at all times be exercised in
such manner as to cause the least interference with the rights of other Owners and with the
normal operation of the Property.
Except in an emergency, the right of any Owner to enter upon the parcel of another
Owner for the exercise of any right pursuant to such easements will be conditioned upon
obtaining the prior written consent of such other Owner, subject to Section 8.15 of this
Declaration. All such systems, structures, mains, sewers, conduits, lines and other facilities,
(excepting transformers), for utilities will be installed and maintained below the surface or
ground level of such easements. Should an Owner deem it necessary to cause the
installation of a storm drain, electric line, sewer or other utilities across the Common Area of
any other parcel subsequent to the initial paving and improving thereof, the Owner thereof
agrees not to unreasonably withhold the granting of any necessary additional easements,
provided that in no event will such installation be permitted if it would unreasonably interfere
with the normal operation of any business of the Property; and provided further, the Owner
making or causing such installation will, at its expense, completely restore to the previously
existing or better condition all Common Area Improvements and surfaces disrupted as a
result of such installation. In the event it should be necessary to grant any of the foregoing
easements and rights to local utility companies as a condition of their providing or
continuing service, such rights will be granted at no cost so long as the Owners required to
execute such instruments deem the terms and conditions of such a grant to be reasonably
acceptable and consistent with this Declaration.
1.4. Drainage Easement: Each Owner of a parcel shall have a non - exclusive
easement over parcels of other Owners comprised by the Property for surface water
drainage over and through the existing drainage patterns and storm water drainage
systems or such other drainage patterns that may be established from time to time among
the Parcels in accordance with the Declaration or this First Amended Declaration. Nothing
herein will prevent an Owner from relocating or otherwise altering the drainage patterns
established upon such Owner's parcel subject to this Declaration, provided, however, that
such relocation or alteration of drainage patterns does not materially interfere with, impede
or otherwise adversely affect the permitted operation of existing drainage patterns on or
under Parcels of other Owners.
1.5. Transfer of Rights to Occupants: Notwithstanding anything to the contrary herein
provided, an Owner may transfer and assign the easement rights contained in this Article I
to its Occupants, pursuant to a duly executed lease in which easements rights are
expressly transferred and assigned to Occupants subject to the terms and conditions of this
Declaration and such Occupants expressly agree to comply with such terms and conditions.
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 3
Notwithstanding any agreement to the contrary in any lease, Owner shall not be relieved of
Owner's obligations hereunder and Owner shall be deemed jointly and severally
responsible and liable with Occupants for Occupants' breach of such obligations. In any
transfer and assignment of easement rights to Occupants in connection with the transfer or
assignment of the leasehold interest, Owner shall (a) obtain an indemnity agreement from
Occupants for the benefit of Owner and all other Owners of the Property that may be
damaged by the Occupants' breach of obligations hereunder and (b) contractual liability
insurance coverage that will cover such indemnity agreement. Owner shall not, in
connection with such transfer or assignment, modify the easement rights as stated in Article
I of this Declaration and those transferred and assigned rights shall automatically revert to
the Owner upon termination of the lease with Occupants or upon Occupants' unauthorized
transfer, as is provided in this Section 1.5. Occupants shall have no right to transfer and
assign easement rights in this Article I except in connection with the Owner's written
consent to the transfer of the leasehold interest and then only when all of the following
requirements are met (i) when such leasehold interest is transferred in connection with the
transfer as may be allowed by such lease encumbering the respective leased premises; (ii)
when such transfer is compliant with this Declaration, as may be amended from time to
time, and (iii) the transferee agrees to take subject to and to comply with all terms of
Occupants under the lease as they relate to the obligations under this Declaration.
ARTICLE II: COMMON AREA, MAINTENANCE
2.1. Common Area Use: The Common Area will be used for:
(a) Parking of motor vehicles, and for pedestrian and vehicular ingress and egress by
Occupants, their agents, employees, customers and other invitees, to and from Buildings,
Common Area and adjacent public streets;
(b) Parking stalls, private streets, seating areas and sidewalks (excluding Service
Facilities), walls, ramps, driveways, lanes, curbs, gutters, flagpoles, bike racks, newspaper
sales racks, public telephones, bus stops and similar facilities for accommodating public
transportation, traffic control areas, signals, traffic islands, landscaped areas, traffic and
parking lighting facilities and monument signs with appropriate underground electrical
connections, and all things incidental thereto;
(c) Public utility installations serving Buildings or the Common Area which will, if
reasonably possible, be underground;
(d) Ingress and egress of delivery and service vehicles to and from the Property or
any portion thereof and adjacent public streets;
(e) Delivery of goods, wares, merchandise and the retention of services to Owners
and Occupants of the Property;
(f) Perimeter walls and fences;
(g) If required by Law or reasonably required by the City of Cupertino's waste
franchisee /hauler, recycling facilities or pickup points;
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(h) Any centralized trash and recyclables collection facility, regardless of where it it is
currently planned to be located or where it may currently be located or where it may,at any
time in the future be re- located within the Property.
(i) Lighting standards and any other landscaping or Common Area Improvements
as may be required by Law or as may be consented to by the Owner(s) of the Parcels; and
In addition, the Common Area may be used for the following purposes: (i) in
connection with the construction and maintenance of utility lines so long as such activity is
undertaken in strict compliance with the requirements of Section 1.3 of this Declaration; and
(ii) for any other use required by Law. No Building, barricade, structure or other
Improvements may be placed, erected or constructed within the Common Area on any
Parcel except trash enclosures, pylon and other free - standing signs (to the extent not
herein prohibited) and directional signs, bumper guards or curbs, paving, landscaping and
landscape planters, lighting standards, driveways, sidewalks, walkways, parking stalls,
columns or pillars supporting roof overhangs, and any other Improvements as may be
required under Laws or are otherwise permitted by this Agreement.
2.2. Maintenance of Common Area
(a) Owner will, at its own expense, cause the Common Area located on its
Parcel to be maintained at all times in a safe, good and clean condition and repair,
including, without limitation, the following:
(i) Maintaining the paved surfaces in a level, smooth and evenly covered
condition with the type of surfacing material originally installed or such substitute as
will in all respects be equal or superior in quality, use and durability including seal
coating the parking lot within such Owner's Parcel not less frequently than once each
five (5) years from the time that such surfaces were last paved in compliance with the
herein requirements.
(ii) Removing, as part of Owner's duty to maintain the Common Area, all
papers, debris, filth and refuse, and thoroughly sweeping the area to the extent
reasonably necessary to keep the area in a clean and orderly condition.
(iii) Placing, keeping in repair, and replacing appropriate directional signs,
markers, lines and parking stall lines, where necessary;
(iv) Operating, keeping in repair, and replacing such artificial lighting
facilities as may be reasonably required by governmental agencies governing the
Parcels herein;
(v) Maintaining all landscaped areas and repairing automatic sprinkler
systems or water lines and replacing shrubs and other landscaping as is necessary;
(vi) Maintaining and repairing any and all walls and utilities;
(vii) Maintaining free and unobstructed access to and from its Parcel and
the adjoining portions of the Property and to and from its Parcel and the streets
adjacent thereto; and
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 5
(viii) Maintaining the centralized trash and recyclables collection facility
The Owner or Occupant undertaking such work will take all measures necessary to
minimize any disruption or inconvenience caused by such work. Such work will be
accomplished by the Owner or Occupant undertaking it in a reasonable manner so that any
damage or adverse effect which might be caused by such work to any other Owner or
Occupant or to any Parcel (including the Parcel on which the work is being accomplished) is
minimized. The Owner or Occupant undertaking such work will repair at its own cost any
and all damage caused by such work and will restore the affected portion of any Parcel
(including the Parcel upon which such work is performed) to a condition which is equal to or
better than the condition which existed prior to the beginning of such work. In addition, the
Owner or Occupant undertaking such work will pay all costs and expenses associated
therewith and will indemnify, protect, defend and hold all other Owner(s) and Occupants
from all liabilities, damages, losses, costs, expenses or claims arising out of, in connection
with or attributable to the performance of such work. Except in cases of emergency (in
which event concurrent notice or no notice appropriate under the circumstances will be all
that is required), all such work which causes disruption or inconvenience to any other
Owner or Occupant or to any Parcel (including the Parcel on which the work is being
accomplished) will be undertaken only after giving all Owners ten (10) days prior written
notice of the work to be undertaken, the scope and nature of the work, the duration of the
work and the area in which the work is to be performed.
(b) Building and Outdoor Seating Area Maintenance. Each Owner will, at its sole cost
and expense, maintain its Building and Service Facilities in first class order, condition and
repair, including, without limitation, periodic painting of the exterior of the Building,
maintaining the sidewalks adjacent to the Building, and making other repairs necessary to
keep the Building and Service Facilities in first class order, condition and repair. In addition,
each Owner whose Parcel contains outside seating areas for eating establishments will
ensure that such seating does not interfere with pedestrian or vehicular traffic.
(c) Owner's Right to Cure or Abate. If any Owner (a "Defaulting Owner ") violates this
Section 2.2 or permits or suffers any Occupant of its Parcel to violate this Section 2.2, then
in addition to any other remedy provided for in this Agreement, any Owner (each or
together, as applicable, the "Creditor Owner ") may demand by written notice (the "Default
Notice ") that the violation be cured. If the Defaulting Owner does not cure the violation of a
monetary obligation within ten (10) days after delivery of the Default Notice, or if such non -
monetary default is of a kind that cannot reasonably be cured within thirty (30) days and the
Defaulting Owner does not within such thirty (30) day period commence to cure such
default and diligently thereafter prosecute such cure to completion, then the Creditor Owner
(and its agents and employees) will have the right to (i) pay any sum owed by the Defaulting
Owner to the person entitled thereto, (ii) enter upon the Parcel of the Defaulting Owner (or
any portion of the Common Area owned by the Defaulting Owner) and summarily but
without committing breach of the peace, abate, remove or otherwise remedy any
Improvement, thing or condition which violates this Section 2.2, and (iii) enter upon the
Parcel of the Defaulting Owner (or any portion of the Common Area owned by the
Defaulting Owner) and perform any obligation of the Defaulting Owner to be performed
thereon. The Defaulting Owner will, within ten (10) days of receipt of written demand by any
other Owner, accompanied by appropriate supporting documentation, reimburse the
Creditor Owner for all reasonable costs and expenses incurred by the Creditor Owner in
undertaking any of the actions permitted by clauses (i) through (iii) in the preceding
sentence, including without limitation, wages, benefits and overhead allocable to the time
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 6
expended by any employee of the Creditor Owner in taking such actions, together with
interest thereon accruing from the date such costs and expenses were advanced or
incurred by the Creditor Owner, at the Default Interest Rate (as herein defined). For
purposes of this Agreement, the "Default Interest Rate" is the rate equal to the lesser of: (i)
four percent (4 %) per annum in excess of the "Prime Rate," or (ii) the highest lawful rate.
The "Prime Rate" will be the rate announced as such from time to time by Bank of America
or its successor.
2.3. Common Area Utilities: Common Area artificial lighting facilities, water lines and
other utilities will be separately metered to the Parcel on which they are located. Lighting for
the Common Area (other than lighting necessary for security of the Property) will remain on
each day until at least midnight (unless to do so is contrary to any Law, in which event the
standard so prescribed will be adhered to while in effect). Lighting representing not less
than twenty -five percent (25 %) of full intensity of the Common Area lighting system
uniformly distributed throughout the Common Area, will remain on each day after midnight
until dawn for security purposes, unless to do so is contrary to any Law or applicable
standard or requirement, in which event, the standard so prescribed will be adhered to while
in effect. If "special" lighting (other than lighting necessary for security of the Property) is
required or if regular lighting is required for a time later than the foregoing by any Owner or
Occupant of the Property, then the electricity to service such lighting requirements will, if
reasonably feasible, be separately metered and all expenses thereof will be paid by such
Owner(s) or Occupant(s) that require the special service. Should separate metering not be
possible or economically feasible, then the majority of the Owners and Occupants based on
square footage of leased space shall agree to a reasonable allocation of "special" lighting
costs.
ARTICLE III: RESTRICTIONS
3.1. Use Types: The types of uses permitted in Parcel B will be of a retail and /or
commercial nature found on comparable properties of similar size in the City of Cupertino
metropolitan area as such may be defined by the City of Cupertino Chamber of Commerce,
and, in all events, uses that are consistent with the use of Parcel B. The types of uses
permitted in Parcel will be Hotel and office use and uses related thereto. All uses in the
Property must comply with all requirements imposed by the City of Cupertino. No overnight
parking will be permitted in the Common Area except as may be authorized by Owner
and /or Occupants under the terms of a lease or in connection with any authorized activity of
Owner and /or Occupants that requires such overnight parking and it is compliant with
requirements of the City of Cupertino. Under no circumstances shall such overnight parking
be permitted for inhabitation and /or sleeping purposes of anyone.
3.2. Exclusive Uses: In that this Declaration is being made at a time when
Declarants' Property is subject to leases under which Declarants have committed
themselves to certain Occupant's exclusive uses, this Declaration shall have no retroactive
application to them and Declarants, in acknowledging such pre- existing exclusives uses,
shall not do or cause anything to be done so as to affect such contractually committed
exclusive uses, consistently with the provisions of Section 8.14 and indemnity provisions of
Section 5.1.
3.3 Enforcement: Each Owner covenants that it will make good and reasonable
efforts to enforce the covenants set forth in Sections 3.1 and 3.2, including the
commencement of arbitration proceedings under Section 8.16(a) -(b) or the commencement
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of an action under Section 8.16(c) to prevent or to terminate any violation of the provisions
of Sections 3.1 and 3.2.
ARTICLE IV: PYLON SIGN (Deleted)
ARTICLE V: INDEMNIFICATION AND INSURANCE
5.1. Indemnification: Each Owner ( "Indemnifying Party ") hereby indemnifies, holds
harmless and defends the other Owner ( "Indemnified Party(ies) ") from and against all
claims, damages, expenses (including, without limitation, reasonable attorney's fees and
reasonable investigative and discovery costs), liabilities and judgments on account of injury
to persons, loss of life, or damage to property occurring on its Parcel caused by (i) the
business activities of the Occupants and Owners, including, without limitations, liability
arising out of Article III, and (ii) the active or passive negligence or willful misconduct of the
Indemnifying Party, its agents, servants or employees; provided, the Indemnifying Party
does not indemnify the Indemnified Party against any injury, loss of life, or damage which is
caused by the active or passive negligence or willful misconduct of the Indemnified Party,
the other Owners in the Property, or their agents, servants or employees. The parties'
obligations with respect to indemnification hereunder will remain effective, notwithstanding
the expiration or termination of this Agreement, as to claims arising or accruing prior to the
expiration or termination of this Declaration.
5.2. Liability Insurance Coverage and Limits for Owners: Each Owner agrees to
maintain, and /or cause to be maintained, at no cost to the other Owners, a policy of
insurance with commercial general liability insurance insuring its interests against claims for
personal injury, bodily injury, death and property damage occurring on, in or about such
Owner's Parcel and with contractual liability coverage that shall include coverage for
Owner's indemnity provisions given in this First Amended Declaration. Such policy shall be
for a "Combined Single Limit" (covering personal injury liability, bodily injury liability and
property damage liability) of not less than Two Million Dollars ($2,000,000.00) for total
claims for any one occurrence and shall include an additional insured endorsement to such
policy covering every other Owner of Parcels comprising the Property if the insurer is
authorized to issue and will issue such an endorsement.
5.3. Waiver of Certain Rights: With respect to any loss or damage that may occur to
the Property (or any Improvements or the respective Parcels of the Owners therein, arising
from any peril customarily insured under a fire and extended coverage insurance policy,
regardless of the cause or origin, excluding willful acts but including negligence of the
Owners, their agents, servants or employees, the Owner suffering such loss hereby
releases the other Owner from all claims with respect to such loss; and the Owners each
agree that their respective insurance companies will have no right of subrogation against
the other Owner on account of any such loss, and each Owner will procure from its
respective insurers under all policies of fire and extended coverage insurance a waiver of all
rights of subrogation against the other Owners which the insurers might otherwise have
under such policies.
5.4. Policy Requirements: Insurance coverage required by this Declaration may
contain the following elements, so long as the required coverage is not diminished, the
required limits are not reduced, and the elements thereof are otherwise commercially
reasonable: an Owner's insurance program may include blanket, layered, umbrella,
conventional and /or manuscript forms of policies, as well as retention levels and loss
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 8
reserves which are charged against earnings or otherwise funded, and commercially
reasonable deductibles.
5.5. Performance of Indemnity Agreements: All policies of liability insurance will
insure the performance by the Owner insured thereunder of the indemnity agreements
contained herein. Each Owner will promptly notify the other Owner of any asserted claim
with respect to which such Owner is or may be indemnified against hereunder and will
deliver to such other Owner copies of process and pleadings.
ARTICLE VI: DAMAGE OR DESTRUCTION, CONDEMNATION
6.1. Damage or Destruction: In the event any Building in the Property is damaged or
destroyed by fire or other casualty or any other cause whatsoever, the Owner of the Parcel
upon which such Building is located will, in its discretion, either tear down or rebuild /restore
the damaged Building. However, if an Owner determines to tear down a damaged Building,
that Owner will either promptly rebuild a new building on the same location or leave and
maintain the Parcel of land on which the Building was located in a smooth, level condition,
free and clear of all refuse and weeds and sealed against dust by paving, lawn or other
cause whatsoever, the Owner of the Common Area so damaged or destroyed will forthwith
proceed with due diligence to restore such Common Area to a condition to permit vehicular
parking (in the manner required by this Agreement) and free and safe vehicular and
pedestrian access and circulation in the Property and to and from all streets adjacent
thereto.
6.2. Condemnation: In the event the whole or any part of the Property is taken by
right of eminent domain or any similar authority of Law, the entire award for the value of the
land and Improvements so taken will belong to the Owner(s) of the property so taken or to
their Occupants, as their respective interests may appear, and no other Owner of land in
the Property will claim any portion of such award by virtue of any interest created by this
Declaration; provided, however, any such other Owner may file a collateral claim with the
condemning authority over and above the value of the land and Improvements being so
taken to the extent of any damage suffered by such Owner resulting from the severance of
the area so taken provided such collateral claim does not diminish the amount recoverable
by the Owner of the property so taken. In the event of a partial taking, the Owner of the
portion of the Property so condemned will, within a reasonable time, restore the remaining
portion of the Property owned by such Owner, including Improvements in the Common
Area, as nearly as possible to the condition existing just prior to such condemnation, without
contribution from the Owners of the area not so taken and any condemnation accrual
necessary therefor will be held in trust and applied for such purpose provided, however, if
any Mortgagee (including any beneficiary under a deed of trust) of any property in the
Property makes the requirement pursuant to a provision in a mortgage or other security
instrument that the portion of the award representing compensation for severance damage
to property not taken, be paid to the Mortgagee, then the party required to make such
payment to such Mortgagee will not be obligated to apply such portion of the award to
restoration, except to the extent necessary to clear and pave for parking and restore
Common Area facilities.
ARTICLE \ /II: TAXES
Each Owner will pay or cause to be paid directly to the tax collector when due, the
Real Property Taxes assessed against the property owned by such Owner, including the
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 9
•
portion of the Common Area owned by such Owner. An Owner will have the right, at its
own cost and expense, and in its own name, to contest or protest or seek to have reviewed,
reduced, equalized or abated any Real Property Tax or other special tax or assessment
levied upon its Parcel by first paying such tax or assessment and thereafter filing a claim for
refund or pursuing such other remedy as may be available under and in accordance with
State Law. Regardless of provisions in Occupancy Agreements by which the Owner's
obligation to pay such taxes directly to the tax collector, may be altered, each Owner of
parcels comprised by the Property shall ultimately remain obligated to one another by this
provision herein.
ARTICLE VIII: GENERAL PROVISIONS
8.1. Notices: Any notice or demand given or served by one Owner to another Owner
will not be deemed to have been duly given or served unless in writing and personally
delivered or forwarded by postage prepaid certified or registered mail, return receipt
requested, or by another commercially recognized means of delivery. Notices to Declarants
shall be addressed as follows:
To Declarants: Modena Investment, LP
Sunnyvale Holding, LLC
c/o of Homeland Management Group, Inc.
14550 Oak: Street
Saratoga, CA 95070
Notices and demands will be deemed effective upon receipt. The person and place to
which notices are to be given may be changed by written notice to the other Owners.
8.2. Attorney's Fees: In the event legal proceedings are brought or commenced to
enforce any of the terms of this Declaration against any Owner or other person with an
interest in the Property, the successful party in such action will be entitled to receive and will
receive from the defaulting Owner, a reasonable sum as attorney's fees and costs, to be
fixed by the court in the same action.
8.3. Duration: Except as is otherwise provided herein, this Declaration will remain in
full force and effect for a term of sixty -five (65) years from the date hereof; provided,
however, the term of this Declaration will automatically and without further notice continue
in full force and effect for successive terms of five (5) years unless at least six (6) months
prior to the expiration of the initial term or of any such successive five (5) year extension,
there will be recorded an instrument conforming to the provisions of Section 8.4 of this
Agreement. Nothing herein is intended to make this Declaration applicable to existing
leases with which these covenants and restriction may conflict.
8.4. Modification: Except as otherwise provided herein, this Declaration may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by a writing
executed by Declarants or their successors as Owners of at least fifty -one percent (51%) of
the Property, except for the provisions in Article I, above, any modification(s) of which shall
require the express consent of the City of Cupertino.
8.5. Not a Public Dedication: Nothing herein contained will be deemed to be a gift or
dedication of any portion of the Property to the general public or for any public purposes
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 10
•
whatsoever, it being the intention of the Owners that this Declaration will be strictly limited
to and for the purposes herein expressed.
8.6. Severability: If any term or provision of this Declaration or the application of it to
any person or circumstance will to any extent be invalid and unenforceable, the remainder
of this Declaration or the application of such term or provision to persons or circumstances
other than those as to which it is invalid or unenforceable will not be affected thereby, and
each term and provision of this Declaration will be valid and will be enforced to the extent
permitted by Law.
8.7. Pronouns: When required by context, the singular will include the plural, and the
neuter gender will include a person, corporation, firm, association, or other business
arrangement.
8.8. Captions: The captions in this Declaration are for convenience only and do not
constitute a part of the provisions hereof.
8.9. Not a Partnership: The provisions of this Declaration are not intended to create,
nor will they be in any way interpreted to create, a joint venture, a partnership, or any other
similar relationship between and among Owners governed by this Declaration.
8.10. Governing Law: This Declaration will be construed and enforced in accordance
with and governed by the laws of the State of California.
8.11. No Presumption: This Declaration will be interpreted and be construed only by
the contents hereof and there will be no presumption or standard of construction favor of or
against any Owner.
8.12. Inurement: This Declaration and the easements, covenants, benefits and
obligations created hereby will inure to the benefit and be binding upon each Owner and its
successors and assigns, provided, (i) if any Owner conveys all of its interest in any Parcel
owned by it, such Owner will thereupon be released and discharged from any and all further
obligations under this Declaration as fee owner of the property conveyed by it if the buyer
assumes in writing all of such obligations, and (ii) no such sale will release such Owner
from any liabilities, actual or contingent, existing as of the time of such conveyance.
8.13. Estoppel Certificate: Upon request by an Owner, the other Owner will issue to a
prospective lender of such requesting Owner or to a prospective purchase of such
requesting Owner's interest, an estoppel certificate stating:
(a) whether the Owner knows of any default by the requesting Owner under this
Declaration and of any other known defaults, specifying the nature thereof; and
(b) whether, to Owner's knowledge, this Declaration, as of that date, continues to be
in full force and effect.
8.14. Compliance by Occupants. Any Occupancy Agreement entered into after the
date hereof must provide that the terms of such Occupancy Agreement will be subject in all
respects to the provisions of this Declaration. Any Owner who enters into such an
agreement will be responsible for assuring compliance by such Occupant with this
Declaration. Notwithstanding anything to the contrary herein, an Owner hereunder may
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 11
•
cause its Occupants to fulfill the obligations of an Owner hereunder provided that Owner will
be responsible for assuring compliance by such Occupant with this Declaration and Owner
will remain liable for any breach of obligation hereunder.
8.15. Reasonable Consent: Except as otherwise specifically provided in this
Declaration, if an Owner is required to give its consent or approval to any action on the part
of the other Owner, the consent or approval will not be unreasonably withheld or delayed.
Except where other time periods to give or deny consent are provided in this Agreement,
consent will be deemed granted at the end of the tenth (10th) business day following
delivery of a request for consent, provided such request specifically refers to this Section
8.15 of this Declaration and states that consent will be deemed granted at the end of the
tenth (10th) business day from delivery of the request, unless a written denial of consent
stating the specific reason for denial is delivered before the end of the tenth (10th) business
day after delivery of the request for consent. In the event the requested consent is
unreasonably withheld, the other party will be entitled to specific performance and will have
such other remedies as are reserved to it under this Declaration or at Law.
8.16. Alternative Dispute Resolution: Any claim or dispute arising out of or relating to
this Agreement, regardless of the nature of the claim or dispute, will be settled by the
parties hereto pursuant to this Section 8.16.
(a) Mediation. If any claim or dispute arising out of or relating to this Declaration is not
settled by direct discussions within ten (10) days after notice of the claim or dispute, the
parties agree first to try in good faith to settle the claim or dispute by non - binding mediation
administered by the American Arbitration Association ( "AAA ") under its Commercial
Mediation Rules.
(b) Binding Arbitration. If the parties fail to settle a claim or dispute through mediation,
it will be settled by binding arbitration administered by the AAA under its Commercial
Arbitration Rules. Judgment on the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
(c) Provisional Relief. Nothing in this Section 8.16 will prevent either party from
applying for or obtaining a provisional judicial remedy regarding any claim or dispute.
Notwithstanding such application, the final resolution of the claim or dispute will be
mediated or arbitrated under this Section 8.1E and failure by either party to comply with any
law will not be deemed to waive such party's rights to mediate or arbitrate under this
Section 8.16.
8.17 Definitions: Unless the context clearly and reasonably indicates otherwise, the
following definitions are intended to apply to this First Amended Declaration:
1. "Access Area" means the access area or drive areas depicted on Exhibit A,
including any future reconfiguration thereof, and such other driveways and areas as may be
established from time to time as areas within Parcels over which reciprocal access
easements between or among adjacent Parcels are necessary or beneficial for ingress and
egress to and from such Parcels or the Improvements thereon.
2. "Building" means any structural Improvement on any Parcel which is enclosed by
exterior walls, floor and roof and is designed for human occupancy and the conduct within
of activities and business by the Owner or Occupant of such Improvements.
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 12
3. "City" means the City of Cupertino, California and any individual departments or
agencies thereof asserting jurisdiction over the Property.
4. "Common Area" means all real property within the Property upon which there are
no Buildings or outdoor areas existing or under construction which are devoted to the
exclusive use of any Owner or Occupant, specifically excluding any Service Facilities.
5. "Effective Date" means the date that this Declaration is recorded in the offices of
the County Recorder.
6. "Improvement(s)" means all Buildings, Service Facilities, outbuildings, parking or
loading areas, parking garages (if any), roadways, walkways, curbs, gutters, storage areas,
trash enclosures, security facilities, fences, walls, poles, signs, exterior lighting, exterior air
conditioning equipment, hedges, berms, mass or large plantings, landscaping, trees,
shrubs, sewer lines and sewer pipes, water lines and water pipes, electrical lines and
electrical conduit and other utility lines, pipes, and conduits, lighting standards and fixtures,
stairways, ramps and all other structures of any kind or appurtenances thereto located
above or below the ground within the exterior boundaries of the Property, and any
replacements, additions, repairs or alterations thereto of any kind whatsoever.
7. "Indemnified Party" means the party described in Section 5.1 of this Agreement.
8. "Indemnifying Party" means the party described in Section 5.1 of this Agreement.
9. "Law" means any statute, constitution, ordinance, resolution, regulation, rule,
administrative order or requirement of any municipal, county, state, federal or other
governmental agency or authority having jurisdiction over the Property in effect as of the
Effective Date or which may thereafter be enacted, adopted, amended or modified.
10. "Mortgage" means any duly recorded mortgage or deed of trust encumbering a
Parcel.
11. "Mortgagee" means and refers to the mortgagee or beneficiary under any
Mortgage.
12. "Occupancy Agreement" means a lease, sublease, assignment agreement,
ground lease or other agreement between an Owner and any Occupant that entitles an
Occupant to conduct its business in or on the Property and utilize the Common Area in
connection with its occupancy.
13. "Occupant" means any person, firm, corporation, association or other legal entity
entitled to occupy and utilize any portion or portions of the Property for the conduct of its
business pursuant to an Occupancy Agreement.
14. "Owner" means (i) Declarants and (ii) prospective transferees of parcels
comprised by the Property holding fee title to any portion of the Property.
15. "Person" means any individual, partnership, firm, association, corporation, trust,
governmental agency, administrative tribunal or any other form of business or legal entity.
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 13
16. "Proportionate Share" means a fraction, (a) the numerator of which will be the
square footage of the Building(s) situated upon the Owner's Parcel and (b) the denominator
of which is the total square footage of the Buildings within the Property.
17. "Real Property Tax(es)" means any form of real or personal taxes, assessments,
fees, charges, levies, penalties, impositions or taxes of every kind and nature whatsoever,
assessed or levied or imposed by any authority having the direct or indirect power to tax,
including, without limitation, any City, County, State or federal government, or any
improvement or assessment district of any kind or nature whatsoever, whether or not
consented to or joined in by Owner, against the Parcel or any legal or equitable interest or
Owner therein or any personal property of Owner used in the operation thereof, or the
ownership, leasing, operation, management or occupancy of the Parcel, whether now or
hereafter imposed, and whether or not now customary or in the contemplation of the parties
on the date of this Declaration excepting only inheritance or estate taxes and taxes
measured by the net income of Owner. Real Property Taxes will include without limitation
general and special assessments, service payments in lieu of taxes, excises, possessory
interest taxes, business or license taxes or fees, gross receipts taxes, transit assessments
or fees, child care subsidies fees and /or assessments, job training subsidy fees and /or
assessments, open space fees and /or assessments, housing subsidies and /or housing fund
fees or assessments, public art fees and /or assessments, and any other fees or
assessments imposed in connection with the environmental, sociological or fiscal effects of
the Parcel or the ownership, leasing, operation, management or occupancy of the Parcel,
any tax, fee or excise on the use or occupancy of the Parcel or any part thereof, or in
connection with the business of renting space in the Parcel, any other tax, fee or other
excise, however described, that may be levied or assessed as a substitute for, or as an
addition to, in whole or in part, any other Real Property Taxes.
18. "Service Facilities" means any loading dock areas (including ramps related
thereto), trash areas, areas for drive - through facilities, patio seating areas, sidewalks
immediately adjacent to Building and other facilities which are or become used exclusively
by a single Owner or Occupant.
IN WITNESS WHEREOF, this Declaration has been executed as of the date first
above written by Prato Retail Group, Inc. the duly authorized General Manager of MODENA
INVESTMENT, LP and by CLDZ, Inc., the Managing Member of SUNNYVALE HOLDING,
LLC and by its sole Members, SHAWN TAHERI and HABIB ZAKERANI.
DECLARANTS:
MODENA INVESTMENT, LP
by Prato Retail Group, Inc., a Cali rnia corporation,
Its Gen ral Partne
By . ! ., ' ✓- 4
Shawn Taheri, Pr- ident
SUNNYVALE HOLDING, LLC
By CLDZ, Inc., a California corporation
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 14
Its Mana. ng Member
By ._ ' i
Sha ' aheri, President
"' Taheri, a a '- Flab's Zakerani, Member
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 15
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Sf11 Ctft tf-4
On f OVEM(12 i, Zoog before me, }1 LA-1 NomR -`f ) i i-(
(Here insert name and title of the officer)
personally appeared SI-fA (fAiS. 6 ZA-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isare subscribed to
the within instrument and acknowledged to me that helshe /they executed the same in- lhz/lia /their authorized
capacity(ies), and that by hisfher /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.
HENRY tAI
WITNESS my hand and official seal. Commission• 1827844
ALL__ • " •,' Notary Pubic - California
r!►% Santa Clara County
M;r Coinrn. Expires Dec $. 2009
Signature of Notary Public (Notary Seal)
• •
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Ary acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
prroperly completed and attached to that document. The only exception is if a
V��n- o t ., cc b Atj &TA3c-lSFG'+iv1/4T document is to be recorded outside of California. In such instances, any alternative
l (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
or 64seititivrs A -FFF.r n 4 £ 4i - t Ccdifornia (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
Number of Pages 2 I Document Date signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual (s) he/she /they- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
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Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com
EXHIBIT A
(Attach Description of Property)
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 16
EXHIBIT A
PROPERTY DESCRIPTION
ALL OF PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FEBRUARY 17, 1972
IN BOOK 296 OF MAPS, AT PAGE 41, SANTA CLARA COUNTY RECORDS.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITHOUT RIGHTS OF
SURFACE ENTRY, AS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED
MARCH 27, 1972 IN BOOK 9760, PAGE 685 OF OFFICIAL RECORDS.
APN: 326 -27 -035
A -I W
NY:1101242.2B
EXHIBIT B
(Attach Description of Parcel A )
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 17
LEGEND BASIS OF BEARINGS
)\ O• PARCEL MAP
FOUND 5' BRASS DISK MONUMENT WITH PUNCH THE BEARING N89Y1 . 55'W OF THE CENTER UNE OF MARY AVENUE
MARK STAMPED 'CITY OF OUPERTINO INSIDE BETWEEN FOUND MONUMENT, AS SAID BEARING IS 9.100/ ON
MONUMENT BOX PER P.M. 296 Al 41 THAT CERTAIN PARCEL MAP, FILED FEBRUARY 17, 1972 IN BOOK
" gym\ BA WAS OF MAPS AT E BASIS RECORDS OF SANTA CLARA COUNTY
� CUPERTINO OAKS
. 1 • FOUND r IRON PIPE WITH PLASTIC PLUG WAS TAKEN AS THE BASIS OF BEARI NGS FOR THIS MAP.
m \ d TAO( STAMPED 'CALIFORNIA DIVISION NOTES
OF HIGHWAYS RIGHT OF WAY, PER ALL FOR CONDOMINIUM PURPOSES
I.
L1 ��0. P.M. 296 M 41
I. ALL DISTANCES
rrrrrawararaarr
DIANCfS AND DIMENSIONS ARE IN FEET AND DECIMALS
CONSISTING rararr
\ 0 SET 3/4' IRON PIPE Mill PLASTIC PLUG. 2. ALL EASEMENT LINES WITHOUT BEARINGS ARE PARALLEL BEING A SUBDIVISION OF PARCEL 1, AS SHOWN ON
1 \ gi.
TACK AND TAG STAMPED 'LS 6868' AND /OR PERPENDICULAR TO THE PARCEL UNE THAT CERTAIN PARCEL MAP, FILED FEBRUARY 17, 1972
IN BOOK 296 OF MAPS AT PAGE 41,
a DISTINCTIVE BOUNDARY UNE 3. THE DISTINCTIVE BOUNDARY LINE INDICATES THE BOUNDARY RECORDS OF SANTA CLARA COUNTY
\ CENTER UNE/MONUMENT LINE OF THE LAND SUBDIVIDED BY THIS MAP AND CONTAINS AN
. \ PARCEL UNE AREA OF 8.101 ACRES (GROSS), MORE OR LESS AND LYING ENTIRELY WITININ THE
NO ACCESS LINE 7.897 ACRES (NET), MORE OR LESS CITY OF CU rrrr TINO, SANTA CLARA COUNTY, CALIFORNIA ORNIAFORN1A
P.M. PARCEL MAP SCALE 1' - 60' rarrwrarrraa DATE MAY 2009
S \ \P M -M MONUMENT TO MONUMENT DISTANCE
o �. (R) RADIAL BEARING
R. ( ) RECORD DATA PER P.M. 296 M 41 Bkf Harr AM MO rzawwwr MK sort m
\ � Q' .m curalnaA 0110 z
S Q s I
,P., ,,, J o,,� 11' I
sJ a„,,,,... \780] I
9 �J,SB
[ bs ..1 . �. I
v, , ts �_ MARY AVENUE
\ J <� 9•BJ \� __ - _ ~ BASIS OF 155 BEARINGS 25J.11' 1 0
-- B3 ] 5' M —M - -- ,69.66 - M -M - - - -�- / m 8
(93.73') (769.66') �_� ^0) 01f
v N8917'55'6 169.66' `!�
-. _ 3 41' 16968' � � 0 _ �.� y/ .�P� .'
m / 83.73' n 98917'55'6153 - 7 26 . 9 / P 0I G 5 Y
R.
'll I _ c P404, � � W. ' \ o� P ry
= y '" j� _ I 9j�" ' a+ ° ,,\ 1, a, o \. K_ c,..5
449s x °0. Hw y
i r °>'o PARCEL A - % $ N8915'40'14
%. \,
*. it j W III DETAIL
q _25'
. I 71 VI ,.din H I h ', E t�^4 -,.\ \,,, \\
*. 8 ` \
m e
989'36'04 W 16270' L--.-11 � ''' m �° �vYa` j. .
• •
a�,�, BOE 4 ' m9 3 \\-' \ LINE
I U BEARIN GB LENGIH
19 ') 1 "s I 9. \` L2 N635J'JTE 900 42.00'
t
PARCEL. B Pw9� I 13 O'00'B 30.00'
I 48 2.55
14 N40' 0014
5.457 ACRES± (GROSS) ` I LS 8150'00'00 14.65'
5.253 ACRES± (NET) I '??1 I L6 )445'46'13'E 24.55'
I
30' } 41
~ _ CURVE TABLE
12 '
IL I I eava•7a 6 1 ��
L , 'x5.60' C I CURVE RADIUS DELTA LENGTH
RELINQUISHED 00 8 9
� � I
'; O o CI 341.00 04'34'07' 43.21'
C2 26
8729 0.8 65 PER B S o 800' 02 17.01'
8729 OR 654 2 '
1:,,,
O ff; t g In CJ I80.00' 06118'70' 70.01'
/ o e 34 .: of I ° 60 • oxs�-w „ '4/I i 70.00' •
0 30 u t a'c _
42.79' - .4 6
7- N84,7'2814 I38.65' 98915 40 IV 617.40' I S
(SCALE IN FEET) W I SEE .I2
$ 1n n A8 0 YE 1
149915'40'W 664.33' _l_____ ________________
STEVENS CREEK BOULEVARD
II. i
•
BKF No. 20076019 7 / All ' SHEET 2 OF 2
EXHIBIT C
(Attach Description of Parcel B )
Oaks Center: Declaration of CC &Rs & Establishment of Easements Final jd110609 Page 18
LEGEND BASIS OF BEARINGS
O• P ARCEL MAP
i \ FOUND 3' BRASS DISK MONUMENT WITH PUNCH THE BEARING N8991'S5'W OF THE CENTER UNE OF MARY AVENUE
MARK STAMPED "CITY OF CUPERTINO', INSIDE BETWEEN FOUND MONUMENT, AS SAID BEARING IS SHOWN ON
MONUMENT 904 PER P.M. 296 M 41 THAT CERTAIN PARRCEL L MAP, FILED FEBRUARY 17, 1972 IN BOOK
V.1:\ WAS OF MAPS PAGE RECORDS OF SANTA CLAAA COUNTY CUPERTINO OAKS
1 • • FOUND r IRON PIPE WIN PLASTIC PLUG WAS TAKEN N THE HE BASIS S OF BEARI NGS FOR THIS MAP.
h TACK STAMPED 'CALIFORNIA DIVISION
OF HIGHWAYS RIGHT OF WAY, PER N DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS FOR CONDOMINIUM PURPOSES
al P.M. 296 M 41 THEREOF. CONSISTING OF 2 SHEETS .
0 SET 3/4' IRON PIPE 61171 PLASTIC PLUG, 2. ALL EASEMENT UNES WITHOUT BEARINGS ARE PARALLEL BEING A SUBDIVISION OF PARCEL 1, AS SHOW ON
' \ 4: TACK AND TAG, STAMPED 15 6868' AND /OR PERPENDICULAR TO THE PARCEL UNE THAT CERTAIN PARCEL MAP, FILED FEBRUARY 17. 1972
.ti DISTINCTIVE BOUNDARY UNE IN BOG( 296 OF MAPS AT PAGE 41,
\ CENTER UNE/MONUMENT UNE 3. THE DISTINCTIVE BOUNDARY UNE INDICATES THE BOUNDARY RECORDS OF SANTA CLARA COUNTY
PARCEL UNE OF THE LAND SUBDIVIDED BY THIS MAP AND CONTAINS AN LYING ENTIRELY WHIN THE
\ 6 NO ACCESS UNE AREA OF 8.101 ACRES (CROSS), MORE OR LESS AND 7.897 ACRES (VIEW, MORE OR LESS CITY OF CUPERTINO CLARA COUN�Y
....414.4.. .......... ��............. ..
P.M. PARCEL MAP SCALE 1' - 60' DATE MAY 200
z \P M -M MONUMENT TO MONUMENT DISTANCE
\ o (R) RADIAL BEARING
f ( ) RECORD DATA PER P.M. 296 M 41
114BliF EMOINEE9S-SURVEYORS-PLANNERS
MO 7.1010LOOr PM AM MO
SW MSC GLAM. IMITIO
.P I
�r J\ 2'
G ?0 o 0 Jl.. ( �. f
bB. �JJ
J 0 •
l <1,,,,,J. J,,JB N 1.
( � 1 1
'�J, MARY AVENUE
96 \� �_ h BASIS OF BEARINGS - 1
V
I 6J - ---------(1.5.171-1111.55'W 9 _ 25341' ' 2
.7 169.66 1.1-1.1 1.1-1.1 v 1
(83.23') (169.68') t `� -� ,0)1 O
5691755'W 169.66' -\ �/ y 4 �
t _ J. JJ' -+ 169.66' �\ b/ y ,P�lj
L 6
In 11 I.( 1 ^ 589 252.41' _ T % O y b � p
-A �0, a c�n�w,, �' 4�6oOO, \ \oo a o� . ti 3
x Ada it I I � a % o \ 1 N y %. �_ ' % 14.95' R /
GI r "ia PARCEL A � k* , zb \ 9
x t III 5 $ . \ ,
58915'40
- - -- - W /"� ` m DETAIL
TS R' o IIIo-
1 R13 II co m 431 In '21
as W ¢ ° � ° o�z c N�o�
D 58936 162.70' • I � m o \ • ! \\ \ UNE TABLE
.� I i 5/ 0 W o N6 6YA p \ LINE BEARING 3'34'06 E LENGTH 84' (17.83')
2 9�
''''...lc. p41 a , � I 1 L2 56353'3TE 42.00'
PARCEL B °��.� 1 ' LJ NOOYB'05E 12.00'
I L4 0 O 0 70.
'44''E 00'
5.457 ACRES± (GROSS) ` 1 LS 1 I4.60'
5.253 ACRES± (NET) I I I i L6 N45 24.05'
t1 111- • I
Pd \ J I 1." 30• } 4z' I rrN66vo'3o -
L 588,10' Y CURVE TABLE
ii _IIg
Li I, ' I CURVE RADIUS DELTA 'LENGTH
CI
REIJN4 RS RIGNiS ` I I I 82.00' 8'.4'03" 4321'
R PER o °I., C2 268.00' 02'x'33" 13.01
8]29 O.R. 654 x
n n I I y. t' I n CJ 280.00' 0608'30" 3007'
0 30 60 120 a 4 0 I 40.00' h�9 1 W
0. ° g 9 o 0 '/ 20.00' O
. oJ a. \ n 60.00• d /
N8D3'18 'W 139.63' 42.]9' .45' 6
NB915 40 W 617.40'
(SCALE IN FEET) ° I SEE I
I $ DETAIL
= 1n
'O AB09E °IF
- _- _- _ -_ -_ -_ / . _ NB913'IO_W 664. 3J _- _- _- _- _- _- _- _- _ -___ -_
/ STEVENS CREEK BOULEVARD
BKF No. 20076019
SHEET 2 OF 2
VERIFICATION
I have reviewed this Declaration of Covenants, Conditions and Restrictions and Establishments
of Easements Affecting Land and to the best of my knowledge, the information contained herein
is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct.
E -cuted on t • B tu' day of June, at Cupertino, California.
gip
Ju za
Cit _ .rk's Office
City of Cupertino