103-Attachment B, APN 316-20-088 - Termination of Agreement.pdfAttachment B
RECORDING REQUESTED BY
First American Title Insurance Company National
Commercial Services
AND WHEN RECORDED MAIL DOCUMENT TO:
East West Bank
555 Montgomery Street M/S 129
San Francisco, CA 94111
Space Above This Line For Recorder's Use only
A.P.N.: 316-20-088 File No.: NCS-471478-SM (km)
TERMINATION OF AGREEMENT
THIS TERMINATION AGREEMENT, made this day. of _ _, 2011 by and
between The City of Cupertino, a municipal corporation of the State of California
hereinafter referred to as "City" and EAST WEST BANK, AS SUCCESSOR IN INTEREST TO THE
FDIC AS RECEIVER FOR UNITED COMMERCIAL. BANK, hereinafter referred to as "East West Bank"
The City hereby releases and terminates of all of its interest, rights, obligations, duties, etc., to East West
Bank under that certain agreement dated October 8th, 1974 and recorded on October 17, 1974 and Book
13135, Page 370, of official records of Santa Clara County under series no. 4877118, as amended and or
supplemented thereto, only as to the seal property described as follows:
PARCEL. ONE:
BEGINNING AT THE INTERSECTION OF THE MOST EASTERLY LINE OF TRACT NO. 2860, AS
SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 138 OF MAPS, PAGES 22 AND 23, SANTA
CLARA COUNTY RECORDS, WITH THE GENERAL NORTHWESTERLY LINE OF THAT CER T AIN
PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THAT CERTAIN DEED RECORDED IN BOOK
7898 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY RECORDS, SAID LINE BEING
COMMON TO THE GENERAL SOUTHWESTERLY RIGHT OF WAY OF THE LANDS OF THE STATE OF
CALIFORNIA; THENCE ALONG SAID COMMON GENERAL LINE S. 43° 49' 16" E., (S. 430 48' E.
PER SAID DEED) 267.06 FEET; THENCE S. 11' 33' 10" E., 245.25 FEET; THENCE ALONG A
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 400.02 FEET (400.00 FEET PER SAID
DEED), THROUGH A CENTRAL ANGLE OF 31° 44' 37", AN ARC LENGTH OF 221.62 FEET (221.61
FEET PER SAID DEED); THENCE S. 43Q 17' 47" E. 260.69 FEET (S. 431 16' 31" EAST 260.67 FEET
PER SAID DEED); THENCE ALONG A NON -TANGENT CURVE (TANGENT CURVE PER SAID DEED)
HAVING A RADIUS OF 147.01 FEET (147.00 FEET PER SAID DEED, CONCAVE TO THE
SOUTHWEST), WHOSE CENTER BEARS S. 46° 40' 52" W. THROUGH A CENTRAL ANGLE OF 26°
09' 48", AN ARC LENGTH OF 67.13 FEET; THENCE ALONG A NON -TANGENT CURVE (TANGENT
CURVE PER SAID DEED) TO THE RIGHT, HAVING A RADIUS OF 147.01 FEET (147.00 FEET PER
SAID DEED), CONCAVE TO THE SOUTHWEST, WHOSE CENTER BEARS S. 77° 52' 52" W.
THROUGH A CENTRAL ANGLE OF So 02' 12" AN ARC LENGTH OF 12.92 FEET; THENCE S. 120 04'
03" E., 13.54 FEET; THENCE S. 10 22' 02" WEST, 41.84 FEET, THENCE ALONG A NON -TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS OF 1368.73 FEET, WHOSE CENTER BEARS S. 01° 45'
46" W., THROUGH A CENTRAL ANGLE OF 05° 21' 30" AN ARC LENGTH OF 128.01 FEET; THENCE
S. 82" 52' 44" W. 76.01 FEET; THENCE N. 0111 08' 33" W, 53.51 FEET, THENCE S. 880 51' 27" W.
303.11 FEET; THENCE N. 000 04' 30" W. 407.03 FEET; THENCE N, 831 47' 30" WEST, 42.44
FEET; THENCE N. 0011 17' 20" W. 463.59 FEET; TO THE POINT OF BEGINNING,
PARCEL TWO:
THE RECIPROCAL AND NON-EXCLUSIVE EASEMENTS, RIGHTS, PRIVILEGES OF USE, INGRESS
AND EGRESS, PARKING AND FOR UTILITY AND OTHER PURPOSES CREATED AND GRANTED AS
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A.P.N.: 316-20-088 Termination of Agreement - continued Fife No.: NCS-471478-SM (km)
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 8309, 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 I310 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
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.
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A.P.N.: 316-20-088 Termination of Agreement - continued File No.: NCS-471478-SM (km)
This document may be executed in counterpart.
In Witness Whereof the parties hereto have caused this instrument to be executed as of the day and year
first above written.
Dated:
City of Cupertino, a municipal corporation of the State of California
By:
Name:_
Title:
Attest:
City Clerk
East West Bank, a banking corporation
By:
Name:
Title:
Page 3 of 4
A.P,N.: 316-20-088 Termination of Agreement - continued File No.: NCS-471478-5M (km)
STATE OF )SS
COUNTY OF )
' On before me, , Notary
Public, personally appeared _
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires:
This area for official notarial seal
Notary Name: Notary Phone:
Notary Registration Number: County of Principal Place of Business:
STATE OF )SS
COUNTY OF )
On , before me, , Notary
Public, personally appeared
, who proved to me on the basis of satisfactory evidence to
be the persons) 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 Verson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct,
WITNESS my hand and official seal.
Signature
My Commission Expires:
Notary Name:
Notary Registration Number;
This area for official notarial seal
Notary Phone:
County of Principal Place of Business:
Page 4 of 4