D-624 Deed Restriction portion of sections 22, T.7.S.,R.2W., M.D.B & M., lots 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 99, and Vallectico, Reso 14-140 DOCUMENT: 22625095 Pages: 20
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Fees. . . . 5.00
RECORDING REQUESTED BY I I I I Taxes. . .
Copies. .
City of Cupertino
AMT PA[D 5.08
REGINA ALCOMENDRAS RDE # 024
WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 6/18/201'4
Recorded at the request of 2: 17 P11
City Clerk's Office City
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
DEED RESTRICTION
A portion of section 22, T.7.S.,R. 2 W ., M.D.B. & M. and including therein portions of lots
96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, and 99, and a portion of Vallecito Road
Rob erti-Z'b erg-Harris --Urban Needs Basis
Grant RU-43-001A
r
Original
0 For Fast Endorsement
I RECORDING REQUESTED BY:
California Department of Parks and Recreation
2 Office of Grants and Local Services
3 WHEN RECORDED MAIL TO:
Office of Grants and Local Services
4 PO Box 942896
Sacramento,CA 94296-0001
5 Attn: Natalie Bee
6
7
8 DEED RESTRICTION
9
10 I. WHEREAS,the City of Cupertino, a municipal corporation (hereinafter referred to as
11 "Owner(s)"is/are recorded owner(s) of the real property described in Exhibit A, attached and
12 incorporated herein by reference(hereinafter referred to as the"Property"); and
13 II. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to
" 14
as"DPR")is a public agency created and existing under the authority of section 5001 of the California
15
Public Resources Code(hereinafter referred to as the"PRC"). And
16
III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant
17
to the 2002 Resources Bond Act , Roberti-Z'berg-Harris -Urban Needs Basis Program for A
18 "
development project in the City of Cupertino to construct an environmental center and outdoor exhibit
19
20 space on the Property; and
21 IV. WHEREAS, on July 1. 2011 ,DPR's Office of Grants and Local Services conditionally
22 approved Grant RU-43-001 A, (hereinafter referred to as"Grant") for A development project in the City
23 of Cupertino to construct an environmental center and outdoor exhibit space on the Property, subject to,
24 among other conditions,recordation of this Deed Restriction on the Property; and
25 V. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant, the
26 Grant would riot be consistent with the public purposes of the 2002 Resources Bond Act, Roberti-
27
1 "
all available legal and/or equitable remedies to enforce the terns and conditions of this Deed Restriction.
1 .
2 In the event of a breach, any forbearance on the part of DPR to enforce the terns and provisions hereof
3 shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
4 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
5 reason becomes unenforceable,no other provision shall be affected or impaired.
6
7 Dated:.-, Z ., 20
8
9 Business Name ifproperty is owned by a business):_
10
1 1 .arl¢2 7 ': �tji�t: `t ^s1dnGSi k ey.::f' �o, •
Signed: Signed:
12
nLt y Irc "i"°a •' r• G �i h
13 PRINT/TYPE NAME&CAPACITY,_ ABOVE PRINT/TYPE NAME&CAPACITY OF ABOVE
:.L l•., .(GRANTEE S AUTHORIZEp_REPRFENTATIVE) ' (ADDITIONAL SIGNATURE,AS REQUIRED)
14
15
16
17
18
19
20
"NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
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22
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24
25
26 a
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EXHIBIT A l
LEGAL DES CRIPT[ON OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 22,T.7.S.,R.2 W.,M.D.B. &M.
AND INCLUDING THEREIN PROTIONS OF LOTS 96; 85,86, 87,88, 89,90,91, 92,95,96,AND 99,AND A
PORTION OF VALLECITO ROAD AS SAID LOTS AND ROAD ARE SHOWN ON THE MAP OF MONTA
VISTA.PARK,WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF SANTA
CLARA COUNTY ON APRIL 11, 1917 IN BOOK"P"OF MAPS,PAGE 19,DESCRIBED AS FOLLOWS:
BEGINNING AT A ONE INCH IRON.PIPE AT THE IN'T'ERSECTION THEREOF THE CENTERLINE OF
MCCLELLAN ROAD AND THE WESTERLY BOUNDARY LINE OF THE COLONY TRACT,THE MAP OF
WHICH IS ON FILE IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY IN BOOK"P"OF MAPS,
PAGE 21;THENCE ALONG SAID CENTERLINE OF 1VICCLELLAN ROAD S. 64°31' 12"W..103.80 FEET TO
A 3/a"I.P..;THENCE S.78'57' 47"W. 196.60 FEET TO A 3/a"IRON PIPE;THENCE S.61',49'.47"W.'296.20
FEETTO A 3/a"I.P. SANTA CLARA COUNTY STATION 17+7694;THENCE S. 80° 27' 54"W. 145.54 FEET
TO A 3/a"I.P.;THENCE N. 54'03' 06"W. 113.46 FEET TO THE INTERSECTION OF THE CENTERLINE OF
MCCLELLAN ROAD WITH THE SOUTHWESTERLY LWE OF THAT CERTAIN 15.25 ACRE TRACT OF
LAND DESCRIBED IN THE DEED FROM CLIFFORD J. SIMMS,ET UX,TO HIROSUKE INOUYE,ET UX,
RECORDED JULY 22, 1955 IN BOOK 3232 OF OFFICIAL RECORDS,PAGE 86,SANTA CLARA COUTY
RECORDS;THENCE LEAVING SAID CENTERLINE_AND RUNNING THE SOUTHWESTERLY LINE OF
SAID 15.25 ACRE TRACT N.250 07' W.41.33 FEET TO THE NORTHEASTERLY LINE OF MCCLELLAN
ROAD;THENCE ALONG'SAID NORTHEASTERLY LINE S. 54°03'06"E.44.85 FEET TO THE
SOUTHEASTERLY TERMINUS OF THE AGREED BOUNDARY LINE,AS DESCRIBED IN THE
AGREEMENT EXECUTED BY AND BETWEEN CLIFFORD J.-SIMMS,.ET UX AND HIROSUKE INOUYE,
RECORDED OCTOBER 7, 1957 IN BOOK 3907 OF OFFICIAL RECORDS,PAGE 35,RECORDS OF.SAID
COUNTY,SAID AGREED BOUNDARY LINE ALSO SHOWN ON THE MAP OF RECORD OF SURVEY ON
FILE IN BOOK 67 OF MAPS,PAGE 36;THENCE LEAVING THE NORTHEASTERLY LINE OF
MCCLELLAN ROAD ALONG SAID AGREED LINE BEING THE CENTERLINE OF STEVENS CREEK,AS
THE SAME EXISTED AT THE DATE OF AGREEMENT THE FOLLOWING COURSES AND DISTANCES:N.
120 03' 33"W.75.91 FEET;THENCE N.54°02' 36"W. 82.13 FEET;THENCE N. 19°24' 36"W. 330.00 FEET;
TINCE N. 60 23' 24"E. 124.55 FEET;THENCE N.53°06' 59"E.219.56 FEET;THENCE N.30° 17' 17E.
159.80 FEET;THENCE N. 51°34' 47"E. 154.46 FEET;'CHENCE N. 88'09'50"'E. 177.37 FEET;THENCE S.
610 46' 55"E. 153.27 FEET;THENCE S.45°24'00"E. 114.77 FEET;THENCE S. 16°02'E. 100.58 FEET;
THENCE S. 680 40' 00"E. 121.93 FEET TO THE INTERSECTION THEREOF WITH THE WESTERLY LINE
OF THE COLONY TRACT HEREIN ABOVE REFERRED TO;THENCE LEAVING SAID CENTERLINE OF
STEVENS CREEK AND AGREED BOUNDARY LINE AND.RUNNING ALONG THE WESTERLY LINE OF
SAID COLONY TRACT AND THE EASTERLY LINE OF MONTA VISTA PARK S.470 15' 00"W.47.64 FEET
TO THE SOUTHERLY CORNER OF LOT 99 SAID MONTA VISTA PARK MARKED BY A FENCE POST;
THENCE LEAVING SAID MONTA VISTA PARK AND CONTINUING ALONG THE WESTERLY LINE OF
SAID COLONY TRACT S. 80 06'48"E.438.93 FEET TO THE POINT OF BEGINNING AND CONTAINING
APPROXIMATELY 15.37 ACRES.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO SANTA CLARA COUNTY FLOOD
CONTROL AND WATER DISTRICT,A PUBLIC CORPORATION BY GRANT DEED RECORDED
OCTOBER 5, 1972 IN BOOK 0054,PAGE 9,OFFICIAL RECORDS,DESCRIBED THEREIN AS FOLLOWS:
"BEING A PORTION OF THE LANDS OF THE CITY OF CUPERTINO AS DESCRIBED IN THE DEED
RECORDED IN BOOK 3232 OF OFFICIAL RECORDS AT PAGE 86 ET SEQ.,SANTA CLARA COUNTY
RECORDS,TO WIT:
ALL OF SAID LANDS LYING WITHIN A STRIP OF LAND-1.20 FEET IN WIDTH,THE CENTER LINE OF
SAID STRIP BEING THE NOW EXISTING CENTER LTVE OF STEVENS CREEK AS SAID STRIP IS SHOWN
ON `EXHIBIT A2' ATTACHED HERETO AND MADE A PART HEREOF."
n
GRANT CONTRACT
This AGREEMENT is hereby made and agreed: upon by the State of California, acting
through the California Department of Parks and: Recreation (hereinafter referred to as
"STATE") and City of Cupertino (hereinafter refrred to as "GRANTEE") pursuant to.the
Roberti-Z'berq-Harris - Urban Needs Basis in-the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Aot of 2002.
RECITALS
1. On or about 6/7/2006 the STATE and GRANTEE entered into Grant Contract
#CO214003 (hereinafter referred to.as "PREVIOUS CONTRACT")for an amount not to exceed
$ 251,000. This grant was funded in accordance Nivith the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40.
2. The completion date set'forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE
did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation
date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT.
3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the
total amount of 251 000, leaving a balance in.the amount of 251,000 for use by GRANTEE.
15. On or about June 30, 2011, Chapter.33 of the Statutes of 2011 (hereinafter`Budget Bill of
2011/12") was enacted. Item 3790-401 stated that all grant.funds previously appropriated
from Proposition 40 that have not been expended by grant recipients prior to June 30', 2011
shall revert to the funds from which the appropriations were made. This provisions
effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS
CONTRACT.
Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated
an amount.equivalent to the balance remaining on June 30,.2011 in the 2002 California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The
Legislature made these funds available for grants.previously appropriated from Proposition 40
funds which are deemed to have the highest priority statewide consistent with Section 5096.633
of the Public Resources Code. These funds are available for encumbrance on or before June
30, 2013. Per Government Code section 16304, ,the liquidation period of these funds is
extended to on or before June 30, 2015.
5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE
and GRANTEE agree to enter into.this Agreement (hereinafter referred to as"CONTRACT").
which establishes terms and conditions that allow the expenditure of the newly appropriated
grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT.
STATE and GRANTEE agree to cancel.the PREVIOUS CONTRACT and agree to be bound by
the terms and conditions of this CONTRACT:
1
138. The term "DEVELOPMENT" means capital improvements to real property by
means of construction of permanent or fixed features of the property.
139. The term "GRANT PERFORMANCE PERIOD" means the period,of time
described in.the Section I of this contract during which eligible costs can be charged to
the grant and-which begins on the date.of appropriation and ends on the fund
liquidation date.
140. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost
Estimate Form(s)found in the APPLICATI.ON(s).
141. The term "PROCEDURAL GUIDE:" means the document identified as the
"Procedural Guide for the 2002 Resources Bond Act [subprogram namej..The GUIDE
provides the procedures and policies controlling the administration of the grant.
142. The term:"PROJECT TERMINATION" refers to the non-completion of a
GRANT SCOPE.
143. The term "REASONABLE HOURS OF OPERATION" means that the facility
is available to the public during days and times consistent with the type.of property,
the amount of the STATE GRANT MONIES invested in the project, the time of year,
and the operating hours of similar facilities in nearby communities.
144. The term "STATE" refers to the :3tate of California acting by and through the
California Department of Parks and Recreation.
B. Project Execution
78,Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to
the GRANTEE a sum of money not to exceed the amount stated in Section-I of this
CONTRACT, in consideration of, and on condition that, thel sum be expended in
carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and
conditions set forth in this CONTRACT.
The GRANTEE shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S)..
79.All changes and alterations to the GRANT SCOPE must be approved in writing by the
STATE. GRANTEE'S failure to comply with-this provision maybe construed as a
breach of the terms of the CONTRACT and result in the enforcement of the Project
Termination provision section E. found in this CONTRACT.
If the contract was funded under a COMPETITIVE GRANT PROGRAM, the
GRANTEE agrees that any other project changes or alterations which deviate from
the project selection criteria responses provided by the GRANTEE in the original
competitive APPLICATION must be submitted in writing to the STATE for prior
approval. This requirement is necessary to maintain the integrity of the competitive
grant process.
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STATE a report showing.total final project expenditures within 60 days.of project
completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier.
The GRANT PERFORMANCE PERIOD is identified on page.one of this CONTRACT.
70. The STATE shall have the right to inspect all property or facilities acquired and/or
developed pursuant to this CONTRACT,and the GRANTEE shall make such.property
or facilities available for inspection upon 24 hours notice from the STATE.
71, The GRANTEE and the STATE agree that if the GRANT SCOPE includes
DEVELOPMENT, final payment may not be made until the work described in the
GRANT SCOPE is complete.
72.Any grant funds that have not been expended by the GRANTEE shall revert to the
STATE'.
E. Deed Restriction '
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12. In order to ensure that property improved or acquired with GRANT MONIES are
used for purposes-consistent with the grant, if the property acquired or
developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must
record a deed restriction-on the title to property prior to receiving payments for
any purpose other than acquisition. The Deed Restriction-shall include the
following elements:
ss. DURATION. (a)This Deed Restriction shall remain in full force.and effect and
shall bind Owner(s) and all his/her/their assigns-or successors-in-interest during
the CONTRACT PERFORMANCE PERIOD-.
tt. TAXES AND-ASSESMENTS. The! Deed Restriction shall be irrevocable and
shall constitute an enforceable restriction within the meaning of a)Article XIII,
section 8,, of the California Constitution; and b) section.402.1 of the California
Revenue and Taxation Code or successor statue. Furthermore, the Deed
Restriction shall be deemed to constitute a servitude upon and burden to the
Property within the meaning of section 3712(d) of the California Revenue and
Taxation Code, or successor statue., which survives a sale of tax-deeded
property.
uu. RIGHT OF ENTRY. STATE or its agent or employees may-enter onto the
Property at times reasonably acceptable to Owner(s) to.ascertain whether the
use-restrictions set forth above are being observed.
vv. REMEDIES. Any act, conveyance„ contract, or authorization by Owner(s)
whether written or oral which uses or would cause to be used-or would permit
use of the Property contrary to the terms of the Deed Restriction will be deemed
a violation and a breach hereof. STATE may pursue.any and all available legal'
and/or equitable remedies to enforce the terms and conditions of the Deed
Restriction. In the event of a'breach, any forbearance on the part of STATE to
enforce the terms and provisions hereof shall:not be deemed a waiver of
enforcement rights regarding any subsequent breach.
F. Project Termination
45. In*the.event of non-completion of a GRANT SCOPE, the GRANTEE shall return all°
GRANT MONIES to the STATE.
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shall notify the STATE of such.fact and shall represent the STATE in the legal action 1
unless the STATE undertakes to represE.,nt itself as codefendant in such legal action in
which event the STATE shall bear its own litigation costs,.expenses, and attorney's
fees.
59.The GRANTEE and the STATE agree that in the event of judgment entered against the
STATE and the GRANTEE.because of the concurrent negligence of the STATE and
the GRANTEE, their officers, agents, or E=mployees, an apportionment of liability to pay
such judgment shall be made by a court of competent jurisdiction.
60.The GRANTEE shall indemnify, hold-han-niess and defend the STATE, its officers,
agents and employees against any and all claims, demands, costs, expenses or liability
costs arising out.of legal actions pursuant to items to which the GRANTEE has
certified. The-GRANTEE acknowledges that it is solely responsible for compliance with
items to which it has certified.
I. Financial Records
23. The GRANTEE shall maintain satisfactory financial accounts, documents and records
for the project and make them available to the STATE for auditing at reasonable times.
The GRANTEE also agrees to retain such financial accounts, documents and records
for five years following project termination or final payment, whichever is later.
24. The GRANTEE shall keep such records its the STATE shall:prescribe, including
records which fully disclose (a)the'disposition of the.proceeds of GRANT MONIES, (b)
the total cost of the project;(c) the amount and nature of project funds provided by
other sources,.and(d) any other records that will'facilitate an effective audit of use of
the GRANT MONIES.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies
of any books, records or reports pertaining to this CONTRACT or matters related
thereto during regular office hours. The GRANTEE shall maintain.and make available
for inspection by the STATE accurate records of all of its costs, disbursements and
receipts with respect to its activities under this CONTRACT. Such accounts,
documents, and records shall be retained by the GRANTEE for 5 years following final
payment of GRANT MONIES.
4. The GRANTEE shall use a generally accE:pted accounting system.
J. Use of Facilities
89.The.GRANTEE agrees to operate•and°mc-tintain any property acquired or developed
with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE
PERIOD.
90.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any
income earned by the GRANTEE from a STATE approved non-recreational use of
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K. Nondiscrimination
23.The GRANTEE shall not discriminate against any person on the basis of sex, race,
creed, color, national origin,.age, religion, ancestry, sexual orientation, disability,
medical.condition, or marital status in the use of property or a specific facility
included in the GRANT SCOPE(S).
24.The GRANTEE shall not discriminate against any person on the.basis of residence,
and shall not apply differences in admission or other fees on the basis of residence.
Fees shall be reasonable and not unduly prevent use by economically
disadvantaged members of the public.
L. Severability
If any provision of this CONTRACT or the application-thereof-is held invalid, that invalidity
shall not affect other provisions or applications of the CONTRACT which can be given effect
without the invalid provision or application, and to this end the provisions.of this contract are
severable.
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M. Liability
STATE assumes no responsibility for assuring the safety of construction, site improvements
or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to
review,,inspect and approve the GRANT SCOPE and any final plans of implementation
shall not give rise to any warranty or representation that the GRANT SCOPE and any plans
or improvements are free from hazards or defects.
N. Assignability
Without the written consent of the STATE, the RANTEE'S interest in and responsibilities
under this CONTRACT shall not be assignable by the GRANTEE either in whole or in.part.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted
only for the purpose of convenience-and are not a part of this CONTRACT and shall not be
deemed in any manner to modify, explain, or restrict any of the provisions*of this
CONTRACT.
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RESOLUTION NO. 14-140
A IZESOLU`I'.ION OF THE CITY COUNCTI, OF T LL CITY 01" CUPEIMNO
fCTHOIZIlINCC THE CI'T'Y MANAGF:I;
TO EXECUTE AND IZE COIZ�D A DEED
IZI,S'I'MCTION ON MCCLELLAN IZANCF1. PRESERVE PROPL`10'Y
WHEREAS, on July 1, 2011, the California Department- of Parks and Recreation
(I)PIZ) Office of Grants and Local Services conditionally approved Grant RU-43-001A
Roberti-Z'ber.g-Haris-Ur=ban Needs Basis gr�inl (Grant) for the City of Cupertino, and.
WHEREAS, the recordation of a Deed Restriction on the Property is a condition
of the Grant. The duration of the Deed Rest-rtctron shall remain in full force and effect
and shall bind the City for the period described in the Deed Restriction, from July 1,
201.1, through June 30, 2031, and
VVHI:REAS, the restriction grants a right of entry and a lirnitation of use to an
environmental classroom facility.
NOW, THEREFORE/ BE IT RESOLVE'D THAT the City Council of the City of
Cupertino hereby authorizes the City Manager to execute and record the Deed
Restriction.
PASSED AND .ADOPTED at a special. meeti.rig of the City Council of the City of
Cupertino this 1st clay of April, 2014, by the 1_ollowi.ng vote..
Vote Mernbers of the City COUnci_1
AYES: Wong, Sinks, Chang, Mahoney, Santoro
NODS: None
ABSENT: None
ABSTAIN: None
AVI'EST: APPROVhD:
Grace Schmidt, City Clerk �JO �r y Gilbert Wong, Mayor, City of CLipertino
THIS IS TO CERTIFY,THAT THE WITHIN
INSTRUMENT IS XThI EANp.CORRECT COPY
OF THE ORIGINAL_ON FILE IN THIS OFFICE
ATTEST 3Lj In,e 19, , 20_L�
CITY CLERK OF THE CITY OF CUPERTINO
RY
"NO :FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is *hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated
April 28, 2014, from
A portion of section 22, T.7.S.,R. 2 W ., M.D.B. & M. and including therein portions of lots 96,
85, 86, 87, 88, 89, 90, 91, 92, 95, 96, and 99, and a portion of Vallecito Road
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: June 18, 2014
By:
Kirsten Squarcia
Deputy CitA7 Clerk