CC Resolution No. 4287 RE90LUTION N0. 4287
R ~
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT B~ETWEEN THE CITY OF
' CUPERTINO AND VALLCO PARK, LTD. MODIFYING EXISTING AGREE-
MENT RELATING TO THE UNDERCROSSING OF WOLFE ROAD TO
EXCLUDE THE J. C. P.ENNEY SITE ~
WHEREAS, Vallco Park, Ltd. wishes to modify the previously executed
agreement relating to the undercrossin~ of Wolfe Road to allow for the
exclusion of the J. C. Penney site; and
WHEREAS, a modified agreement attached hereto sets forth the changes
mutually agreed to between the City and Vallco Park, Ltd.;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute said modified agreement in behalf of the City
of Cupertino and have it recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 2nd day of November , 1976, b_y the following
vote:
Vote Members of the City Council ~
AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None •
APPROVED:
/s/ Robert W. Meyers .
Mayor, City of Cupertino
ATTEST: .
/s/ Wm. E. Ryder
City Clerk ~
• AGREEMENT
This AGREEMENT made and entered into as of the lst day of November,
1976, by and between the CITY OF CUPERTINO, a municipal corporation of the~
. State of California, hereinafter designated as CITY, and VALLCO PARK, LTD.,
a limited partnership, hereinafter designated as DEVELOPER.
WHEREAS, CITY AND DEVELOPER entered into an AGREEMENT on August 13, 1975,
which was recorded on August 29, 1975, in the Official Records of the County
of Santa Clara, State of California, in Book B 591 page 393 (the "Agreement");
and;
WHEREAS, the parties now wish to modify said Agreement;
NOW, THEREFORE, ft is mutually agreed by and between the parties as follows:
CITY hereby quitclaims and releases to DEVELOPER, all of its right, title,
and interest under the'Agreement hereinaliove referred~to insof ar as said Agree-
ment relates to the real property described in Exhibit A attached hereto and by
this reference made a part hereof:
IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed
. by its Mayor and City Clerk, thereunto duly authorized by the City Council and
said DEVELOPER had hereunto caused its name to be affixed the day and year first
above written.
CITY OF CUPERTINO
By
Mayor
By .
City C erk
Approved as to form:
City A to n~
DEVELOPER:
VALLCO PARK, LTD.
By Its Three General Partners
~ • 1. VALLCO P~K, a California corporation,
Presi ent '
Secretary
2. '
Burre Leonard, Genera Partner
3.
Wil W. Lester, Genera Partner
-2-
, ' -
ACICNOWLEDGMENT '
STATE OF CALIFORNIA )
) ss .
COUNTY OF SANTA CLARA ) .
On this day of April, 1976, before me,
~ , Notary Public in and for the
County of Santa Clara, State of California, personally
appeared ~ and ,
known to me to be the Mayor and City Clerk, of the City '
~ of Cupertino, a public corporation, and known to me to be
the pezsons who executed the within instrument on behalf
~ of said public corporation and acknowledged to me that such
public corporation executed the same.
~
STATE OF CALZFORNIA ) •
) ss.
COUNTY OF SANTA CLARA )
On this day of April, in the year 1976,
before me, the undersigned, a Notary Public in and for said
. County and State, personally appeared
known to me to be the President and ~
known to me to be the Secretary of Vallco Park,
the corporation that executed the within instrument and
known to me to be the persons who executed the within instru-
ment on behalf of said corporation, said corporation being
known to me to be one of the partners of Vallco Park, Ltd.,
the partnership that executed the same as such partner and
that such partnership executed the same.
Notary Public
My commission expires:
STATE OF CALIFORNIA ) '
) ss. ' .
COUNTY OF SANTA CLARA ) •
On this day of April, in the year 1976,
before me, the undersigned, a Notary Public, personally
appeared Will W. Lester, known to me to be one of the general
partners of the partnership that executed the within instrument ,
and acknowledged to me that such partnership executed the same.
Notary Public
My commission expires: .
STATE OF CALIFORNIA )
) ss. ~
COUNTY OF SANTA CLARA ) ~
On this day of April, in the year 1976,
before me, the undersigned, a Notary Public, personally
appeared Burrel Leonard, known to me to be one of the general
partners of the partnership that executed the within instrument
and acknowledged to me that such partnership executed the same.
Notary Pub ic
My commission expires: ,
. ,
,
J .
~All that certain real property situate in the City of Cuperti no, County
. of Santa Clara, State of California, more.parG cularly described as
• ~~follows: . . ~ ' ~ ~
•`BEGINNING at.the intersection of the monument line of Vallco Parkway
'~..as shown on that certain Parcel Map recorded in Book 325 of'Maps at
page 12, Santa Clara County Records with the monument line of Wolfe
Road as shown on said map; '
, ~ .
~..thence along said monument line of Wolfe Road, N 1°OS'14" W, 75.00 ~
• feet; . .
thence leaving said monument Iine at right angles thereto N 88°54'46" E,
76.OO~feet to the TRUE POINT OF BEGINNING; .
.~thence N 1°OS'14" W, 212.91 feet; . . ~ ~
~ ~~thence N 88°54'46" E, 243.84 feet; : ~ . ~ .
~~thence N 1°OS`14" W, 46.19 feet; . ~ ~ .
~ . thence N 88°54'46" E, 65.00 feet; . ~ ~ ~ . ~
~ . . . . . . .
~ ~ thence N 1°OS'14" W, 347.65~feet; ~ ~ ~ . ~ . .
thence S 88°54'46" W, 48.02 feet; ~ ~ ~ . . ~ '
theace N 46°OS'14" W, 75.68 feet; - . . . ~ " • ~ ~
''~thence N 1°OS'14" W, 432.70 feet;
• thence N 88°54`46" E, 384.58 feet to a point in the northeasterly line
of Parcel 1 as shown on said Parcel Map; .
thence along said northeasterly line S 60°14'49" E, 123.58 feet to the
northeasterly corner of said parcel, said.cornez being common to the '
most northerly corner of Parcel 2 as showri on said map; .
thence along the easterly line of said Parcel 1, said line being cosmnon
to the westerly line of said Parcel 2, S 1°OS'14" W, 1049~.61 feet to a
•.point in a line that is parallel~with and 55.00 feet northerly measured
at right angles from aforesaid monvment line of Vallco Parkway;
..thence leaving said common line along said parallel line S 88°54~46"W, ~
~ . , 678.00 feet; . , .
thence leavins said parallel line along a tan~ent curve to the right
hsving a radius of 20.00 feet, through a.central angle of 90°00'00", '
aa arc length of 31.42 feet to the TRUE POINT OF BEGIN2JING.
PF:idi~EY 'PRACT
EXHISIT A
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