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14-055 Release of Covenant agreement, Xihua Sun and Shan Zhu APNS 356-25-031, 356-25-032, 356-25-033 CC RECORDING REQUESTED BY: DOCUMENT: 22567428 Pages 9 City of Cupertino I Fees. . . . * No Fees 1�11 11111111111111 Taxes. . . Copies. . WHEN RECORDED,MAIL TO: I AMT PA I D City Clerk's Office REGINA ALCOMENDRAS RDE # 025 City of Cupertino SANTA CLARA COUNTY RECORDER 4/14/2014 Recorded at the request of 12:24 PM 10300 Torre Avenue C i't y Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 RELEASE OF COVENANT 21989 Lind3T Lane APNS 356-25-031, 356-25-032; 35 6-25-033 Xihua Sun and Shan Zhu Original 11 For Fast Endorsement RECORDING REQUESTED BY: City of Cupertino AND WHEN RECORDED MAIL TO: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, California 95014 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N.: 356-25-031; 356-25-032; 356-25-033 RELEASE OF COVENANT RECITALS A. Xihua Sun and Shan Zhu are owners of real property in the City of Cupertino, County of Santa Clara, California, commonly known as APN: 356-25-031, parcel 1 and more particularly described on Exhibit A attached hereto; B. Xihua Sun and Shan Zhu are owners of a second parcel of real property in the City of Cupertino, County of Santa Clara, California, commonly known as 21989 Lindy Lane APN: 356-25-032, parcel 2 described on Exhibit B attached hereto; C. - Xihua Sun and Shan Zhu are owners of a third parcel of real property in the City of Cupertino, County of Santa Clara, California, commonly known as APN: 356- 25-033, parcel 3 described on Exhibit C attached hereto; D. In 2005, Xihua Sun and Shan Zhu, obtained approvals from the City of Cupertino (application no. TM-2005-05) to subdivide certain parcels of real property, this approval by the City Council of the City of Cupertino was conditioned in part upon Xihua Sun and Shan Zhu's agreement to restrict residential building to 3000 square feet maximum and adhere to the RHS Ordinance or R l Ordinance, whichever specific regulation in each ordinance is more restrictive of these parcels identified above. E. These restrictions were incorporated into a COVENANT FOR COMPLIANCE WITH CONDITIONS running with the land recorded November 6, 2006 as Document No. 19177602, Official Records of Santa Clara County, California. F. On November 15, 2011, the City Council of the City of Cupertino approved an amendment (application no. M-2011-06)pertaining to the above identified lots to remove one of the two recorded restrictive covenants pertaining to these lots, specifically removal of deed restrictions on building floor area and clarification that R-1 Ordinance standards apply, instead of the RHS and R-1 standards, whichever are more restrictive, as well as removal of limitations pertaining to home square footage of 3000 square feet. NOW THEREFORE, the City of Cupertino agrees as follows: 1. Condition nos. 2, 8, and the additional City Council condition"The property owner agrees to a home no larger than 3,000 square feet,"pursuant to City Council Action Letter dated December 8, 2005 (application no. TM-2005-05) are no longer applicable to or binding upon the lots identified herein, APN: 356-25-031; 356-25- 032 and 356-25-033, pursuant to the Cupertino City Council November 15, 2011 (application no. M-2011-06) approval of the Planning Commission's recommendation to remove recorded restrictive covenant affecting these parcels. R-1 standards shall apply to these three parcels. 2. The Covenant running with the land recorded November 6, 2006 as Document No 19177602 in the Official Records of Santa Clara County, California, is hereby released of record. IN WITN�EESSS THEREOF, the undersigned have -:xec ted this agreement. Dated: By:David Brandt, City Manager Approved as to form: L � ti Carol Korade, City A orney Agreed: By: Xihua Sun, Property Owner Shan Zhu, Property Owner Exhibit "A" LEGAL DESCRIPTION Real property in the City of, County of Santa Clam, State of California, described as follows: PARCEL 1, AS SHOWN ON MAP ENTITLED "PARCEL MAP", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA C ARA, STATE OF CALIFORNIA IN BOOK 817 ON MAPS, PAGE 37 AND 38. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE ENTRY, AS THE SAME WAS CONVEYED TO THE CITY OF CUPERTINO,A MUNICIPAL CORPORATION, BY INSTRUMENT RECORDED FEBRUARY 16, 1977 IN BOOK C502, OFFICIAL RECORDS, PAGE 97. TOGETHER WITH A NON-EXCLUSIVE RIGHT OF WAY, APPURTENANT TO PARCEL 1, ABOVE DESCRIBED, FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 10 FEET WIDE,THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE INTERSECTION OF THE CENTER LINE OF LINDY LANE WITH THE SECTION LINE BETWEEN SECTIONS 22 AND 23,TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN;THENCE ALONG THE CENTER LINE OF LINDY LANE, THE FOLLOWING COURSE AND DISTANCES: NORTH 501 46' 00" EAST 146.51 FEET, NORTH 830 57' 00" EAST 213.25 FEET, NORTH 60° 31' 00" EAST 105.02 FEET AND NORTH 88° 39' 00" EAST 236.15 FEET TO A RAILROAD SPIKE AT THE TRUE POINT OF BEGINNING OF THE LINES TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING LINDY LANE NORTH 600 16' 00" WEST 318.27 FEET TO AN IRON PIPE; THENCE NORTH 670 32' 00" WEST 96.06 FEET TO AN IRON PIPE; AND THENCE SOUTH 240 17' 20" WEST 50.07 FEET TO A 3/4 INCH IRON PIPE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN LINDY LANE. APN: 356-25-031 1 o a Exhibit "3" Legal Description Real property in the City of Cupertino, County of Santa Mara, State of California, described as follows: PARCEL 2, AS SHOWN ON MAP ENTITLED "PARCEL MAP", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 817 ON MAPS, PAGE 37 AND 38. RESERVING THEREFROM A NON—EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER SO MUCH OF SAID PARCEL 2 AS LIES WITHING PARCEL TWO DESCRIBED HEREIN. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE ENTRY, AS THE SAME WAS CONVEYED TO THE CITY OF CUPERTINO, A MUNICIPAL CORPORATION, BY INSTRUMENT RECORDED FEBRUARY 1.6, 1977 IN BOOK C502, OFFICIAL RECORDS, PAGE 97. TOGETHER WITH A NON—EXCLUSIVE RIGHT OF WAY, APPURTENANT TO PARCEL 2 ABOVE DESCRIBED, FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 10 FEET WIDE, THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE INTERSECTION Of=THE CENTER LINE OF LINDY LANE WITH THE SECTION LINE BETWEEN SECTIONS 22 AND 23, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE CENTER LINE OF LINDY LANE, THE FOLLOWING COURSE AND DISTANCES: NORTH 500 46' 00" EAST 146.51 FEET, NORTH 830 57' 00" EAST 213.25 FEET, NORTH 600 31' 00" EAST 105.02 FEET AND NORTH 880 39' 00" EAST 236.15 FEET TO A RAILROAD SPIKE AT THE TRUE POINT OF BEGINNING OF THE LINES TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING LINDY LANE NORTH 600 16' 00" WEST 318.27 FEET TO AN IRON PIPE; THENCE NORTH 670 32' 00" WEST 96.06 FEET TO AN IRON PIPE; AND THENCE SOUTH 241 17' 20" WEST 50.07 FEET TO A 3/4 INCH IRON PIPE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN LINDY LANE. A.P.N.: 356-25-032 1 of1 Exhibit "C" Legal Descriiption Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL 3, AS SHOWN ON MAP ENTITLED "PARCEL MAP", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 817 ON MAPS, PAGE 37 AND 38. RESERVING THEREFROM A NON—EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER SO MUCH OF SAID PARCEL 3 AS LIES WITHING PARCEL TWO DESCRIBED HEREIN. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE ENTRY, AS THE SAME WAS CONVEYED TO THE: CITY OF CUPERTINO, A MUNICIPAL CORPORATION, BY INSTRUMENT RECORDED FEBRUARY 16, 1977 IN BOOK C502, OFFICIAL RECORDS, PAGE 97. TOGETHER WITH A NON—EXCLUSIVE RIGHT OF WAY, APPURTENANT TO PARCEL 3 ABOVE DESCRIBED, FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 10 FEET WIDE, THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE INTERSECTION OF:THE CENTER LINE OF LINDY LANE WITH THE SECTION LINE BETWEEN SECTIONS 22 AND 23, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE CENI-ER LINE OF LINDY LANE, THE FOLLOWING COURSE AND DISTANCES: NORTH 501 46' 00" EAST 146.51 FEET, NORTH 830 57' 00" EAST 213.25 FEET, NORTH 600 31' 00" EAST 105.02 FEET AND NORTH 880 39' 00" EAST 236.15 FEET TO A RAILROAD SPIKE AT THE TRUE POINT OF BEGINNING OF THE LINES TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING LINDY LANE NORTH 600 16' 00" WEST 318.27 FEET TO.AN IRON PIPE; THENCE NORTH 671 32' 00" WEST 96.06 FEET TO AN IRON PIPE; AND THENCE SOUTH 241 17' 20" WEST 50.07 FEET TO A 3/4 INCH IRON PIPE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN LINDY LANE. A.P.N.: 356-25-033 I of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California X, County of On KI 2/Y before me, xc to "q Ali. UIV Date Here Insert Narr*-and Title,of the Offi 6er f personally appeared .1-"4 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(pTwhose name is/ re subscribed to the within instrument and ackn')w Pedo edged to 'me that die he/they executed the same in Ri her/their authorized capacity(j and that by &i her/their signatureW on the instrument the person(sy, or the entity upon behalf of which the person)*) acted, executed the instrument. fi KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 laws of the State of California that the foregoing Z Z Notary Public-California z ph is true and correct. Z Santa Clara County paragrF MY Comm. Expires Oct 4, 20 W WITNESS my hand and official seal. fi fi Signature: Place Notary Seal Above A, ignMure of Notary Public OPTION) 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 fi Description of Attached Document Title or Type of Document: V;;� 2-S S/ fiDocument Date: Number of Pages: 5, Signer(s) Other Than Named Above: X 2 V, v_r in SAt-, 4" _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: fi ❑ Corporate Officer Title(s): ❑Corporate Officer—Title(s): 1. ❑ Individual El Individual 10 ❑ Partner thumb here General er—❑Limited ❑General Top of t ❑ Partner—❑Limited El Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact fi ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator El Other: ❑Other: fi fi fi Signer Is Representing: Signer Is Representing: fi fi 0,2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of S_ On Ac-r? 7, 2­1 V before me, ry I Here Insert'Name a— Date' 112 itlle`�I,�hOff',� personally appeared X( 4m­.7F)of—Signer(.) who proved to me on the basis of sati5fastory evidence to be the perso whose names li SO 0 is ar;e subscribed to the within instrument and acknowledged to me that he/sheath executed the same in h i s/h er/,he' authoriz4dapaciXi-es and that by h i s/h e�'their signatur6 on the instrument the perso p, or the entity upon behalf of which the ' perso '(s s acted, executed the instrument. fi KIRSTEN RENEE SQUARCIA1 8 Commission # 1906898 1 certify under PENALTY OF PERJURY under the fi z Notary Public-California z laws of the State of California that the foregoing z z Santa Clara County paragraph is true and correct. My Comm. Expires Oct 4,2014 WITNESS my hand and official seal. Signature:z��,- � Place Notary Seal Above Signature of Notary Public L/ 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: fiDocument Date: 3 r 2_o/,j� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: fi ❑ Corporate Officer Title(s): ❑Corporate Officer Title(s): ❑ Individual ❑ Individual fi ❑ Partner—❑Limited ❑General rTopeof thumb here ❑ Partner—❑ Limited ❑General Top of thumb here fi ❑ Attorney in Fact 0 Attorney in Fact fi ❑ Trustee ❑Trustee fi ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•Nationa[Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. 21989 Lindy Lane to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 8, 2014 By: Andrea San rs Senior Office Assistant