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B0630P0041X14, b\el,A I OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; THAT WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC SERVICE FACILITIES INCLUDING WIRES, CONDUIT, GAS, WATER AND HEAT MAINS, AND ALL APPURTENANCES THERETO UNDER, UPON OR OVER LOT 15 WHICH IS HEREBY DELINEATED AND DESIGNATED A PUBLIC SERVICE EASEMENT (P.S.E.). SAID EASEMENT IS TO BE KEPT OPEN AND FREE OF BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES, LAWFUL FENCES, UNSUPPORTED ROOF OVERHANGS AND IRRIGATION LINES. SAID LOT 15 IS NOT OFFERED FOR USE TO THE GENERAL PUBLIC BUT IS INTENDED FOR EXCLUSIVE USE OF THE OWNERS OF LOT 15 THEIR SUCCESSORS AND ASSIGNS FOR RECREATION, UTILITIES, DRAINAGE, INGRESS AND EMERGENCY ACCESS. CONTAINED WITHIN THE PSE ARE PRIVATE STORM DRAINAGE AND PRIVATE SANITARY SEWER FACILITIES. THE MAINTENANCE, REPAIR, AND/OR REPLACEMENT OF PRIVATE STORM AND PRIVATE SANITARY FACILITIES SHALL BE THE SOLE RESPONSIBILITY OF THE PROPERTY OWNERS AS DETERMINED BY THE APPROPRIATE COVENANTS, CONDITIONS AND RESTRICTIONS. THE PRIVATE DRIVES CONTAINED WITH THIS TRACT ARE NOT OFFERED FOR DEDICATION FOR PUBLIC STREET PURPOSES. THERE IS ALSO SHOWN ON THE HEREON MAP EASEMENTS FOR STORM DRAINAGE PURPOSES DESIGNATED AND DELINEATED AS "PSDE" (PRIVATE STORM DRAINAGE EASEMENT) FOR THE INSTALLATION AND MAINTENANCE OF PRIVATE STORM DRAINAGE FACILITIES. THESE EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PRIVATE UTILITY STRUCTURES, IRRIGATION SYSTEMS, AND APPURTENANCES THERETO, LAWFUL FENCES. THE MAINTENANCE, REPAIR AND/OR REPLACEMENT OF PRIVATE STORM DRAINAGE FACILITIES SHALL BE THE SOLE RESPONSIBILITY OF THE LOT OWNERS AS DETERMINED BY THE APPROPRIATE COVENANTS, CONDITIONS, AND RESTRICTIONS. SAID EASEMENT IS NOT OFFERED NOR IS IT ACCEPTED FOR DEDICATION BY THE CITY OF SAN JOSE. WE HERBY RESERVE OVER LOT 15 FOR. THE BENEFIT OF LOT 14 AN EASEMENT FOR PROPOSED BUILDING OVERHANGS AND UNSUPPORTED ROOF OVERHANGS. AS OWNER: ASPEN DEVELOPMENT COMPANY, INC. ASPEN DEVELOPMENT COMPANY, INC. WILLIAM F. HIRSCHMAN NORMAN C. HULBERG OWNER'S ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SANTA GLARRA �4 s 1, ON '` 1 99-L BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WILLIAM F. HIRSCHMAN PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT AS THE PRESIDENT, AND NORMAN C. HULBERG PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT AS THE VICE PRESIDENT OF THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE WITHIN INSTRUMENT PURSUANT TO ITS BY—LAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS. ENGINEER'S STATEMENT I, TIMOTHY D. SANDIS, HEREBY STATE THAT I AM A REGISTERED CIVIL ENGINEER IN THE STATE OF CALIFORNIA, THAT THIS MAP CONSISTING OF THREE SHEETS CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN AUGUST OF 1990, THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, THAT ALL MONUMENTS OF THE CHARACTER SHOWN HEREON SHALL BE SET ON OR BEFORE DEC 15, 1991, IN THE POSITIONS INDICATED, AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATED THIS _"�, 7 I2f4 DAY OF /Vau''C� 19 r TIMOTHY D. SANDIS R.C.E. NO. 15290 EXPIRATION DATE: MARCH 31, 1993 �r 9215290, In.3/31/93 sY OiVI\- �P CITY ENGINEER'S STATEMENT �'TF OF Caa I HEREBY STATE THAT I HAVE EXAMINED THE HEREON FINAL MAP OF TRACT NO. 8429, THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT, AS AMENDED, AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. ` DATED: � RALPH A. QUALLS, JR., RCE 22 CITY ENGINEER OF THE CITY OF SAN JOSE, CALIFORNIA EXPIRES: SEPTEMBER 30, 1993 SOILS REPORT NOTE A FOUNDATION INVESTIGATION NUMBERED ET9-0511=S1 WAS PREPARED BY ENGEOTECH INC. AND SIGNED BY MUHAMMAD HUSSAIN, REGISTERED GEOTECHNICAL ENGINEER NO. 941, ON AUGUST 4, 1989. A COPY OF WHICH HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JOSE. TRACT NO. 8429 CONSISTING OF THREE SHEETS BEING A PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF THE COTTLE SUBDIVISION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DECEMBER 7, 1893, IN BOOK "H" OF MAPS AT PAGE 19. CITY OF SAN JOSE SANTA CLARA COUNTY, CALIFORNIA SCALE: 1" = 20' SEPTEMBER 1990 ------ SANDIS AND ASSOCIATES, INC. ENGINEERS, SURVEYORS, PLANNERS 605 CASTRO STREET MOUNTAIN VIEW, CA. 94041 —201 1 415 969-6900 RESTRICTIVE COVENANT FOR PRIVATE OPEN SPACE PROPERTY AND RECREATION IMPROVEMENTS PURSUANT - TO SAN JOSE MUNICIPAL CODE SECTION 19.38.130 (E)(4),ASAEN DEV. COM. , INC. , A CALIFORNIA CORPORATION, COVENANT THAT THE RECREATION IMPROVEMENT AS MORE PARTICULARLY DESCRIBED AS THE SWIMMING POOL IN THE APPROVED PLAN SET FOR PLANNED DEVELOPMENT PERMIT NO. PD90-06-043, AND WHICH HAS BEEN SET ASIDE FOR PRIVATE OPEN SPACE AND RECREATIONAL PURPOSES UNDER THAT CERTAIN AGREEMENT ENTITLED "PARKLAND AGREEMENT FOR PAYMENT OF FEES FOR TENTATIVE MAP NO. PT90-06-067," IS AND SHALL REMAIN RESTRICTED FOR "QUALIFIED NEIGHBORHOOD RECREATIONAL PURPOSES." UNDER SAN JOSE MUNICIPAL CODE SECTION FOR19.38.130 {E), AND FOR PURPOSES OF THIS RESTRICTIVE COVENANT, QUALIFIED RECREATIONAL PURPOSES' MEANS USEABLE BY AN INDIVIDUAL OR GROUP OF PEOPLE 43 TO SEEK RECREATIVE, COMPETITIVE, PHYSICAL OR MENTAL ACTIVITY OF A VOLUNTARY NATURE. THIS RESTRICTIVE COVENANT SHALL BE APPURTENANT TO THE LAND DESCRIBED IN THIS FINAL MAP, TRACT NO. 8429, AND SHALL BE BINDING ON OWNER OF THE PROPERTY, THEIR SUCCESSORS AND HEIRS AND ASSIGNS. FURTHER, THIS RESTRICTIVE COVENANT SHALL REMAIN IN f� FORCE AND EFFECT UNLESS AND UNTIL THE CITY OF SAN JOSE CONSENTS TO THE ELIMINATION OF THIS COVENANT AND SHALL NOT BE DEFEATED OR ELIMINATED WITHOUT THE CONSENT OF THE CITY OF SAN JOSE. q5 APPROVAL BY THE DIRECTOR OF PLANNING I CERTIFY THAT THIS FINAL MAP HAS BEEN CHECKED AND COMPLIES WITH THE TENTATIVE MAP AND ITS CONDITIONS AS APPROVED SEPTEMBER 20, 1990. GARY J. SCHOENNAUER, DIRECTOR OF PLANNING OF THE CITY OF SAN JOSE, CALIFORNIA. DATE: // 7 BY: D PUTY WITNESS MY HAND CITY CLERK'S STATEMENT NOTE Y PUBLIC IN AND FOR I HEREBY STATE THAT THIS MAP DESIGNATED AS TRACT NO. 8429 THE COUNTY OF SANTA CLARA u f 1 CONSISTING OF THREE SHEETS WAS APPROVED BY THE CITY COUNCIL STATE OF CALIFORNIA MY COMMISSION EXPIRES: i OF THE JY� OF SAN JOSE AT THE ME NG OF SAID COUNCIL HELD M ON THE _DAY OF , 19 , AND THAT SAID COUNCIL DID ACCEPT THE DEDICATION F L STREETS AND PORTIONS THEREOF AND ALL EASEMENTS OF ERED FOR DEDICATION AS SHOWN ON SAID COUNTY RECORDER'S STATEMENT MAP WITHIN SAID SUBDIVISION. FILED THIS 27 --DAY OF 19 , AT M. IN BOOK OF MAPS AT ANDREA MEMBRENO, CITY CLERK AND EX—OFFICIO CLERK PAGE(S) !fie AT THE REQUEST OF TIMOTHY D. SANDIS. OF THE CITY COUNCIL OF THE CITY OF SAN JOSE, C IFORNIA. 0 FILE NO. 1,/12_-___-_ _--1 AURIE KANE, COUNTY RECORDER DATE: Q BY: DE DEPUTY FEE: I �• 0 9 __ _ - BY: ,_ � . ���. DEPUTY SHEET 1 OF 3 SHEETS ACAD DWG: 290143Mi r r Q O - N 89° 58' 00" E _ 60.00' - - -F 5.00, 1 0 27.83' Lo � T a um■ 1 0 �' s0 o `=� o 1294 S.F 10 z `� 0.030AC* LLJ o .� 2 7. 83` - w _ _ AI L.,.► 0 I Q 0 W 0 0 N 0 O 0 zI I Al 1 MON TO MON. _ _ C3 N 896 58 00 E o Lo a 326.08 0 U9 r M 1 a 3 o I �� s O 04 >W 0 N- Vf �' 1 L z� m I a N 3 a 0 �o �o z � o � LANDS OF FOUNTAIN PARK A SSO CIA TION 0 0 0 d PSDE O r 89'58'00" E a� s ---—27.92= —7- 27 92' r t0 It o 0 12 98 S. F 0:030AC+ cv O z 27.92' 1 II .50' U I�0 0 '-90 N OD 0 N 4.00' O 3 � z o 0 3 © ® 10. d 10.00' c a 1298 S.F. 0 0+430AC 0 z 0 iv 1574 S.F. O 0 0.036ACA N o 0 Oul z 0 Q7 0 27.92 27.83' z N 89p 58'00"E — 7 J89°58 1 °p 0,0E Lo 1604S.F. 20.00 c0 z 0.037AC.± 0 2.50` S o N 89°58 00�� E P. 30.33' VENTANA—DRIVE (L I M I T OF-=-PRIVATE-DRIVE ) N 890 58'00" E 217.00' PROJECT AREA 60t 699 S. F 1.393 Ac. A 8 (FOR CONDOMINIUM PURPOSES) 23,110 S. F. 0.530 AC.± 0 v©' 2� r' w� —to 1-27.92'_.._. tp o 1298 S.F. 0 0.030AC.} 0 71 27.92 ' N 89 58 00 to E �----27.83'-` —NO002!od'w/ ul 15.00' ,- - � I 2.Oi N 89°5eW'E 3 O � 0 0 1357S.F. oo 0 0.031AC.t o u' 0 N M 0 0 z 29.83' o 88.08' -- I5 • ---17, 9 85 S. o P. S. E. 0.412 Ac. M I --� 2'BUILDING OVERHANG EASEMENT - - _ _ 6_0.00'_ _ 35.00' 217.00' N $9° 5$' 00" E — ...._ ..._ � s on� � m an 140.07' � � anN 89 00 E � an err w■r rirr w err 0� 197.15 FOUND 3/4" IP 337.22' 0.02 NORTH to LANDS OF PORN 00 CLARENDON STREET BASIS OF BEARINGS -`� `--- - ------ - - r N 89'58'00" E 779.82' (MON MON) (779.80') 0 u� c�. �I 0 0 0 0 F- W w TRACT NO, 8 42 9 CONSISTING OF THREE SHEETS BEING A PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF THE COTTLE SUBDIVISION*, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DECEMBER 7, 1893, IN BOOK -W OF MAPS AT PAGE 19. CITY OF SAN JOSE SANTA CLARA COUNTY, CALIFORNIA SCALE: 1° = 20' JANUARY 1991 SANDIS AND ASSOCIATES$ INC. ENGINEERS, SURVEYORS, PLANNERS 605 CASTRO STREET MOUNTAIN VIEW, CA. 94041-2011 415 969-6900 BASIS OF BEARINGS THE BEARING NORTH 89' 58' OO" EAST OF THE MONUMENT LINE OF CiARENDON STREET AS SHOWN UPON THAT CERTAIN "RECORD OF SURVEY' RECORDED IN BOOK 576 OF MAPS AT PAGE 40, SANTA CLARA COUNTY RECORDS, AND AS FOUND MONUMENTED, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. �3D f�� NOTES & LEGEND ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. THE DISTICTIVE BORDERLINE INDICATES THE BOUNDARY OF THE LAND SUBDIVIDED HEREON & CONTAINS AN AREA OF 1.3935 ± ACRES. 4 ■ INDICATES FOUND GRANITE MONUMENT IN A MONUMENT BOX. INDICATES SET STANDARD CITY MONUMENT RCE 15290 a INDICATES FOUND BRASS PIN MONUMENT. • INDICATES FOUND IRON PIPE AS NOTED. O INDICATES SET 3/4" IRON PIPE, R.C.E. 15290. { ) INDICATES RECORD DATA PER 576 MAPS 40. '""�'�� ■■ INDICATES DISTINCTIVE BORDERLINE. INDICATES CENTERLINE OF STREET, PSDE INDICATES PRIVATE STORM DRAIN EASEMENT '— �- --�-------- INDICATES LIMIT OF PRIVATE DRIVE INDICATES LOT NOMBER PSE INDICATES PUBLIC SERVICE EASEMENT U) ACAD DWG, \90C\290143M2 SHEET 2 OF 3 SHEETS m 290143.03 LANDS OF FOUNTAIN PARK ASSOCIATION N 89°58'00"E 101 w 00 oC6 337.22' a' r a rrir i rrr 101 MON. TO MON. N 89*58'00"E I5 a 326.08' ti N N w Q f4 0 'm ■rr 7-N m p�- 43.9743.1T02' l3.00' 13.00'-1 2'00°W �- 14.00' is N89°58'00"E a' 27.97 0.97' ® M st 2074 S F I 0.048 AC.t I .•. W C ��'. N N 89058'00'E 57.17' 1 0: f _ r� a ©1 w O 1430 S.F. ui N� 1- I N Q033 AC. - N 89°58 00 E 57.17 00 0- - u- I o lid © c O o1 rn ui 1430 S.F. ui �-- ;' .» ti Vim'• I N 0.033 A C.± N 1 CD 41 c _! I N 89*!WOO"E 57.17' 1 3 0 W ©1 t r 1 N 1 Q o N 1430 S.F : J a 0.033Ac i �o �' o LLi 1 N 8905800"E 57.17 1 0 0 Q o a. O 4 O �2 1 � Z 9 O N 0 1430 S.F. ui � z f Z ui N 0,033 AC.* M > o N89058'00"E 57.17' 1.08' 1 — .97' i 2074 S.F 28.05 cv 0, 048 AC.± I N89058'00E 14.00' wrr%qq��FOUN� � � r w� www■�w�r � r � ar �rrr N 89°58'00"E 197.15' D 3/4" IP 337.22' 0.02 NORTH LANDS OF POON E ACAD DWGj \90C\290143M3 13.00A13.00' 1 42.05' ■rr r� �r arr 15.02' N 0*02'00" W -- 43.17' — vm�: m on Iv A • . N 0 TRACT NO.8429 CONSISTING OF THREE SHEETS BEING A PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED 'MAP OF THE COTTLE SUBDMSIOW, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DECEMBER 7, 1893, IN BOOK "H„ OF MAPS AT PAGE 19. CITY OF SAN DOSE SANTA CLARA COUNTY, CALIFORNIA SCALE: 1" = 20' JANUARY 1991 SANDIS AND ASSOCIATES, INC. ENGINEERS, SURVEYORS, PLANNERS 605 CASTRO STREET MOUNTAIN VIEW, CA. 94041-2011 415 969-6900 BASIS OF BEARINGS THE BEARING NORTH 8T 58' 00" EAST OF THE MONUMENT LINE OF CLARENDON STREET AS SHOWN UPON THAT CERTAIN "RECORD OF SURVEY RECORDED IN BOOK 576 OF MAPS AT PAGE 40, SANTA CLARA COUNTY RECORDS, AND AS FOUND MONUMENTED, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP, NOTES & LEGEND PSDE ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. TYP THE DISTICTIVE ` ORPERLINE INDICATES THE BOUNDARY OF THE LAND SUBDIVIDED HEREON a CONTAINS AN AREA OF 1.3935 t ACRES. ■ INDICATES FOUND GRANITE MONUMENT IN MONUMENT BOX. INDICATES SET STANDARD CITY MONUMENT RCE 15290 INDICATES FOUND BRASS PIN MONUMENT. • INDICATES FOUND IRON PIPE AS NOTED. ND 3/4" I.P 0 INDICATES SET 3/4" IRON PIPE, 8137 R.C.E. 15290. 'E 0.77' ( } INDICATES RECORD DATA PER 576 MAPS 40. --•- INDICATES DISTINCTIVE BORDERLINE, INDICATES CENTERLINE OF STREET. PSDE INDICATES PRIVATE STORM DRAIN EASEMENT -- -- -- ----- INDICATES LIMIT OF PRIVATE DRIVE O INDICATES LOT NUMBER PSE INICATES PUBLIC SERVICE EASEMENT SHEET 3 OF 3 SHEETS 290143.03 oll 4