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CC Resolution No. 08-040 Imp. agrmnt. 10585 San LeandroRESOLUTION NO. 08-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER SIN CHON YONG AND YU PING LIN, 10585 SAN LEANDRO AVENUE, APN 357-OS-076 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Sin Chon Yong, a married man as his sole and separate property as to an undivided fifty percent interest and Yu Ping Lin, a married man as his sole and separate property as to an undivided fifty percent interest, all as Tenants in Common, 10585 San Leandro Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of April 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk APPROVED: ~._._.. i - ~~' Mayor, City o Cupertino Resolution No. 08-040 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: SIN CHON YONG AND YU PING LIN LOCATION: 10585 SAN LEANDRO AVENUE, APN 357-OS-076 A. -Faithful Performance Bond: $ 40,160.00 FORTY THOUSAND ONE HUNDRED SIXTY AND 00/100 DOLLARS B. Labor and Material Bond: $ 40,160.00 FORTY THOUSAND ONE HUNDRED SIXTY AND 00/100 DOLLARS C. Checking and Inspection Fee: $ 2,304.00 TWO THOUSAND THREE-HUNDRED FOUR AND 00/100 DOLLARS D. Development Maintenance Deposit: ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: Basin 2 $ 263.21 TWO HUNDRED SIXTY-THREE SAND 21/100 DOLLARS F. Street Light -One-Year Power Cost: N/A G. Map Checking Fee: N/A H. Park Fee: ZONE II $15,750.00 FIFTEEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS I. Reimbursement Fee N/A GRANT OF EASEMENT FOR ROADWAY PURPOSES 10585 San Leandro Avenue APN: 357-OS-076 Sin Chon Yong, a married man as his sole and separate nronerty as to an undivided 50 percent interest and Yu Ping Lin, a married man as his sole and separate property as to an undivided 50 percent interest, all as Tenants in Common, grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this day of ~'Lf , 2008. Owners: ~ a.~, t ~~ Sin Chon Yong ~ ~ , ~~~~~ Yu Ping Lid J l Attach Notary acknowledgment II~IIBIT A January 9, 2008 LEGAL DESCRIPTION 10' WIDE RIGHT-OF-WAY DEDICATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 57, AS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF LAS PALMAS MONTA VISTA," WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK P OF MAPS, PAGE 17, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 57, AS SHOWN ON SAID TRACT MAP, ALSO LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SAN LEANDRO AVENUE; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 57 AND SAID RIGHT-OF-WAY LINE, SOUTH 00°04'06" WEST, 103.82 FEET TO A CURVE TO THE RIGHT; THENCE, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 103°14'42", AN ARC DISTANCE OF 27.03 FEET TO THE NORTHERLY RIGHT-OF-WAY OF McCLELLAN ROAD; THENCE, ALONG SAID RIGHT-OF-WAY LINE NORTH 76°41'12" WEST, 83.91 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 57; THENCE ALONG THE WESTERLY LINE OF LOT 57, NORTH 00°04'06" EAST, 10.27 FEET; THENCE ACROSS SAID LOT 57, THE FOLLOWING THREE (3) COURSES: 1. SOUTH 76°41'12" EAST, 67.32 FEET; 2. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 103°14'42", AN ARC DISTANCE OF 36.04 FEET; AND 3. NORTH 00°04'06" EAST, 84.88 FEET TO THE NORTH LINE OF LOT 57; THENCE, ALONG SAID NORTH LINE OF LOT 57, SOUTH 89°55'54" EAST, 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,205 SQUARE FEET, MORE OR LESS. ~~5~~~ H. f~ ~o ~~~\ EXPIRES ~~'~' ~~ ~ 643& ~ ,~ \F of ca~~F°~ LC Engineering 870 Hilmar Street, Santa Clara, CA 95050 PREPARED ON JANUARY 9, 2008 LC ENGINEERING \~ - C TOM H. MILD LS 6438 EXPIRATION DATE 12/31 /2008 Phone: (408)806-7187 Fax: (408)243-507? SHEET 1 OF 2 E~ibit B 0 N W ifl 0 0 0 0 Z SCALE:1 "=30' P.0.8. S 89'55'54" E 100.12' I 20' 90.12' - --- 10.00' 10.0' I LOT 57 °0 •~ =~~•~ MAP OF LAS PALMAS ~ ~~ "~~~~~ ~ I MONTA VISTA W ....... ~~~~~~~~~ BOOK P MAPS PAGE 17 ° :::::: 10' R W Dedication ° ° •::•: "•:: """' I ~ 2,205 SQ.FT.t Z w w i~ o I a ° ~ ° ~=103.14'42" o O ~ S~g• R=20.00' 41' " ' Z I Z 12 E L=36.04 67 32' Q w J \ _ \ _ N/ o ... N,S 41..1 •'..•.•.•. Z 2 w:::.::~:: :::::::::::::•::•:~~-~:::•:::•:•::•: • I Q ~~ \ ~=103'14'42" ~ ~ lAl~p S~ ~ ~ \ N~6 ¢~, ry R=15.00 NSF- '~~ ` \ ~2 I,y L=27.03 I v~, ~o~ H. ~s,~o sow Mce~E<<AN \ ' \ EXPIRES iZ(3'~0 ~A~ ~ 643 ~ S C;~ Q lq~F OF CA~~F~~~ SHEET 2 OF 2 PLAT TO ACCOMPANY LEGAL DESCRIPTION OF 10' WIDE RIGHT OF WAY DEDICATION LC ENGINEERING LOT 57 MAP OF LAS PALMAS MONTA VISTA ~ 870 Hilmar Street A P N 35 7 - 05 -12 Santa Claro, ca ssoso CUPERTINO CALIFORNIA Phone: (408) 806-7187 e~ scNE °A~` °~' """~` ~0'E~ N0• Fax: (408) 243-5072 2 aF 2 r - eo ~/s/zooe s~ ~,aro ror oea.owc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ` , County of Santa Clara ( ~, on ~1y'Y-it,l~.Y~~ 2'-~ , 200 before me, Lynette Quock, Notary Public, Date \ I \ ~ personally appeared G..7~-YZ C~/1.6Y1 'I LM.~ ~I u ~j ~1c~ ~ ~1 me(s) of Signers who proved to me on the basis of satisfactory evidence to be the persons whose name~s~ are subscribed to the within instrument and acknowledged to me thatTlCf~tfc/they executed the same in `';rte/their authorized capacity 'es and that by~+s~Her/their signature~~n the instrument the person~r the entity upon behalf of which the persor~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. 9 w LYNETTE QUOCK COMM.#1675722 m NOTARY PUBLIC • CALIFORNIA • SANiA CUUTA COUNTY M!' Canrn. Exaires June 17, 20]0 Notary Seal No Signature i OPTIONAL Though the information below is not required bylaw, 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 ~~_ pc~ -DMZ ~tJ Title or Type of Document: ~Yik,l~t'~ C~ ~-~YY1e2~" ~Y~ea.c~'1~ ~ ~I~.tr G~ ~~ Document Date: ~-fJr()Y-V.(~,rV~ ~Z~j; '~C?~ Number of Pages: ~11Y-~.2, L~~ Signer(s) Other Than Named Above: ~~sYlk. Capacity(ies) Claimed by Signer(s) Signer's Name: _~~r1 C~*~ ~19'yt~ ~~ ~t~1~ ~~ I2~, IndIVldUal `J ~`~ ^ Corporate Officer Title(s): ^ Partner -- ^ Limited ^ General ^ Attorney-in-fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: _~ ~~ 1 /1 /2008