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84-018 Cupertino Union School Disctrict, Purchase of School Property for Park Purposes-Jollyman School and Hoover School, Project No. 84-11; 84-11-2 • 1r RESOLUTION ND. 1288 MODIFICATION TO SALE AGREEMENT FOR A PORTION OF THE HOOVER AND JOLLYMAN SCHOOL SITES TO THE CITY OF CUPERTINO WHEREAS, this agreement was entered into by and between the CITY OF CUPERTINO ("City") and the CUPERTINO UNION SCHOOL DISTRICT ("District") under the following recitals: 1. City and District have previously entered into an agreement dated April 20, 1984 regarding the Jollyman and Hoover School sites owned by District. 2. Pursuant to said agreement, District sold to City approximately eleven " (11) acres of open space land at the Jollyman and Hoover School sites for $185,208 per acre. In addition, City was to perform certain work for District in connection with the subdivision of said sites. 3. Surveys have been completed which document that the land sold by District to City amounts to 11.211 acres. 4. City has made two payments to District totaling $1,500,000. 5. City has performed work pursuant to the agreement dated April 20, 1984. Additional work is still anticipated. According to the provisions of the agreement dated April 20, 1984, these costs were to have been paid to City by District on or before June 1, 1985. 6. There have been unforeseen delays and predevelopment time constraints which have delayed the anticipated date of lot sales by approximately ten (10) months. Lot sales are now scheduled to be held in early August. 7. District will not be in a position to pay City for the cost of work done by City in connection with the subdivision of said sites until escrow closes on a number of the lot sales. NOW, THEREFORE, BE IT RESOLVED as follows: 1. City agrees that the price to be paid to District for the property acquired by City at the Jollyman and Hoover School sites, totaling 11.211 acres, shall be $2,076,367 of which $1,500,000 has been paid to District by City, leaving a balance due District of $576,367. 2. District acknowledges that City has expended funds to date in performing the subdivision work pursuant to the agreement of April 20, 1984, and will continue to expend funds exceeding the balance owed to District. District agrees that City nay encumber in this amount the five (5) lots held in a holding agreement pursuant to the agreement dated April 20, 1984. 3. District agrees that it shall be responsible for the paying of such additional costs. 4. The District shall pay to City all funds owing and unpaid to City pursuant to the agreement dated April 20, 1984 no later than March 1, 1986. �• BE IT FURTHER RESOLVED that the Superintendent or designee is hereby designated and directed to sign all necessary documents on behalf of the District to effectuate the modification of agreement. - PASSED AND ADOPTED by the Board of Education of the Cupertino Union School District, County of Santa Clara , State of California this 11th day of June , 19 85 by the following vote: AYES .: Members Barran, Chell , McKinley, White NOES : None ABSENT: Member Halstead S • . A Member mei41/4. r tatett‘seati Merrber Member 11 . . RESOLUTION NO. 6315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT FOR PURCHASE OF SCHOOL PROPERTY FOR PARK PURPOSES. WHEREAS, the Cupertino Union School District is the owner of two unused surplus school sites commonly known as Jollyman School and Hoover School; and WHEREAS, the City of Cupertino is desirous of purchasing said school sites for park purposes; and WHEREAS, there has been presented to the City Council a proposed, "Agreement for Purchase and Sale of Real Property." and the terms and conditions of said agreement having been approved by the City Attorney and the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of April, 1984 by the following vote: Vote Members of the City Council c AYES: Gatto, Johnson, Rogers, Sparks, Plungy t, NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino I• AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY [AGREEMENT] entered into on April 20, 1984 between Cupertino Union School District, a school district organized and operating in accordance with the laws of the State of California, hereinafter referred to as "District" and the City of Cupertino, a general law city organized and operating in accordance with the laws of the State of California, hereinafter referred to as "City". WHEREAS, District is the sole owner of two unused and surplus school sites commonly known as Jollyman School and Hoover School more specifically described in Exhibits A and B respectively attached hereto and incorporated herein by reference, and WHEREAS, City is desirous of purchasing portions of said school sites constituting a total of approximately eleven (11) acres (six (6) acres at Jollyman School and five (5 ) acres at Hoover School) the boundaries of which are outlined in red on maps attached hereto and incorporated by reference herein as Exhibits C and D for the purpose of making said portions permanently available for park and recreational uses to the citizens of Cupertino, and WHEREAS, District has major requirements to fund deferred maintenance projects, new construction and facility modifications in order to continue to provide for the preservation of excellence in the educational programs for the children of the District, and 1 WHEREAS, in order to fund said necessary projects, District is desirous of subdividing, developing and selling the remaining portions of the Jollyman and Hoover School sites, as described in Exhibits C and D. It is understood and agreed that the exact description of the parcels to be transferred to the City is dependent upon the details of the approved subdivision plan on the balance of the two properties. It is further understood and agreed that the District shall make all required dedications for the public streets on the portions of the sites to be retained by the District. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth to be by them kept and performed, the parties hereto agree as follows: 1. Description of the premises to be purchased: District agrees to sell and city agrees to purchase a portion of Jollyman School (approximately six (6) acres) and a portion of Hoover School (approximately five (5 ) acres) , the boundaries of which are outlined in red on Exhibits C and D respectively. The remaining portions of said school sites shall be retained by District for purposes of disposition on the open market subject, however, to specific provisions contained hereinafter. The actual legal description of the premises to be purchased will be provided by City prior to close of escrow; provided, however, the parties agree to execute, subsequent to close, all conveyances and reconveyances, necessary to establish accurately the locations of required public streets entirely on the portions of the sites to be retained by District. 2. Purchase Price - Closing The purchase price is $185, 208/acre for approximately eleven (11) acres, payable as follows : a) $750 ,000 within fourteen (14) days of execution of this contract at which time escrow shall close. b) $750,000 to be paid no later than June 13, 1984. c) The balance of the purchase price will be determined upon the recordation of a final subdivision map, and shall be paid on or before June 1, 1985 and shall earn interest from June 1, 1984 until paid at a rate equal to the mean average monthly interest rates received by the City on its total investment portfolio to be adjusted monthly. City shall have the right to pre-pay the balance owed, or any portion thereof, without pre-payment penalty. 3. Deed District at the time of closing shall deliver to City the ownership of the premises by executing in favor of the City a warranty or grant deed, in statutory form, subject only to the following: a) Existing easements for public utilities; b) Restrictions and limitations of record as described in a certain preliminary title report issued by California Land Title Company dated 1984. 3 4. Closing costs All necessary closing costs will be divided equally between the parties except as follows : In the event the City desires title insurance, the cost thereof shall be borne by the City. 5. City' s obligation to prepare and submit plans for subdivision approval on lots retained by District Upon execution of this agreement, City shall prepare and process in the name of the District subdivision maps for residential development (including all necessary zoning approvals) for the portions of the sites retained by District. It is anticipated by District that nineteen (19) lots may be reasonably developed on the Jollyman site and twenty-six ( 26 ) lots on the Hoover site. It is recognized that the actual number of residential lots shall be determined by the City Planning Commission and City Council during the planning process. In entering this agreement, City does not warrant that any particular number of lots will be approved for development, it being understood that subdivision approval for any number of lots which is at variance with the number anticipated by District does not affect the validity of the transfer of the parcel sold to City pursuant to paragraph 1 of this agreement. 6. Construction of improvements, fees and charges, engineering and administration It shall be the obligation of City to prepare and complete the plans and the approval process in an expeditious manner in order that District may proceed with development and 4 sale of the land retained by it. City shall, in addition, be responsible for the following: a) To provide for all necessary planning and engineering services for the submission and approval of the tentative and final subdivision maps. b) To contract and advance, on behalf of the District, funds for the construction of all required subdivision improvements including: 1) streets, curbs and gutters 2) street lights 3) storm drains 4) water and sewer lines extending to individual lot property lines 5) undergrounding of all utilities 6 ) grading of lots c) To advance, on behalf of the District, all fees and charges for permits required by any governmental agency for the processing of the subdivision maps described herein. The estimated costs for the services provided by City as described above are as follows : a) Construction of subdivision improvements - approximately $700,000. b) Fees and charges - approximately $219, 500 consisting of: 1) Plan check fees 2) Park dedication fees 3) Filing fees 4) Water and sewer connection fees 5) Storm drain fees S c) Engineering and administrative charges - approximately $70 ,000 but shall be ten percent (10% ) of the actual construction cost of the subdivision improvement. 7. Reimbursement of costs to City by District District shall reimburse City for all actual costs described in paragraph 6 of this agreement on or before June 1, 1985. Said amounts owed by District to City shall earn interest from the date of actual expenditure by City at a rate equal to the mean average of the monthly interest received by City on its total investment portfolio adjusted monthly. District shall have the right to pre-pay that balance, or any portion thereof, without pre-payment penalty. 8. Credit in lieu of payment Funds advanced by City pursuant to paragraph 6 of this agreement shall, when advanced, be entered as credit payments against the amount owed by City for the balance of the purchase price as described in paragraph 2. C. 9. Security for funds advanced by City on behalf of District In order to secure payment of the balance of the funds advanced by City on behalf of District pursuant to paragraph 6 of this agreement which exceed the total credit payments described in paragraph 8 of this agreement, District upon recordation of the final subdivision maps shall convey five lots from the Hoover site to California Land Title Company, as trustee, which shall reconvey said lots to District or to such persons as District may designate upon full reimbursement to City of all funds owed to it under the terms of this agreement. Upon written demand by District, California Land Title Company, as trustee, shall convey individual lots to any person so designated by District, provided that prior to, or simultaneously with, said conveyance at least twenty percent ( 20% ) of the balance owed City for the total sums advanced, and to be advanced, by City pursuant to paragraph 6 of this agreement, shall be paid for each lot so conveyed. If full payment of principal and interest is not made by District, on or before June 1, 1985, California Land Title Company, as trustee, shall convey to City or to any person designated by City any lots, California Land Title Company, as trustee, has retained and City shall have the right to dispose of said lots in any manner it chooses and to retain from any proceeds derived from said disposition sufficient funds to reimburse City for the balance owed by District pursuant to paragraph 7 of this agreement. Any surplus funds derived from said disposition shall be paid to District. 10 . Failure to record maps If for any reason beyond the control of the City Council of the City of Cupertino and the Board of Trustees of the Cupertino Union School District, final subdivision maps for the land to be developed are not recorded, on or before June 1, 1985, this agreement upon written demand by District is hereby rescinded. The City shall re-convey to District said property described in Paragraph 1 of this agreement, and District shall repay to City, within 30 days, all funds extended by City, on District' s behalf, pursuant to paragraph 6 of this agreement. 7 • As used in this paragraph, the phrase "for any reason beyond the control of" means on events or series of events not caused by the activity or inactivity of the City Council of the City of Cupertino or the Board of Trustees of the Cupertino Union School District and which causes the recordation of final subdivision maps to be legally impossible. Said phrase does not apply to any instance in which either party to the agreement becomes a party to any proceeding under the provisions of the Federal Bankruptcy Law. 11. Time of essence Time is of the essence in all instances involved in this agreement. 12. Hold Harmless City shall indemnify, defend, and hold harmless District from any action brought by any person alleging failure by City to properly or adequately perform engineering or construction of subdivision improvements required to be performed by City under this agreement. District shall indemnify, defend, and hold harmless City from any actions brought by any person contesting the validity of the subdivision or the sale of individual lots as well as any action brought by any person seeking cancellation, recision, reformation, or damages resulting from the sale of individual lots for any reason other than failure of City to adequately or properly construct or engineer subdivision improvements as required by the agreement. 8 13 . Claims of Breach of Agreement or of Inequities In the event either party to this agreement should at any time claim that the other party has in any way breached or is breaching this agreement, or that the agreement is inequitable, the complaining parties shall file with the legislative body of the other party, a written claim of said breach or inequity, describing the alleged breach or inequity and otherwise give full information respecting same. Within 30 days of said notice, the legislative bodies of both parties shall jointly meet with each other, for the purpose of resolving their differences. No action for breach of this agreement, and no action for any legal relief because of any breach or alleged breach of this agreement shall be filed or commenced, and nothing shall be done by either party to rescind or terminate this agreement, unless and until the above provision of this paragraph has been complied with and unless the complaining party has given written notice to the other party 30 days from the conclusion of said joint meeting of said legislative bodies within which to cure any breach or alleged breach. 14. Assignment Neither party shall assign nor transfer any interest or the performance of any of the party' s obligation hereunder without the prior written consent of the other party. Any attempt by a party to so assign this agreement or any rights, duties, or obligations arising hereunder without written consent shall be void and of no effect. 9 15. Successors and Assigns It is mutually agreed that the agreements, covenants, conditions, limitations, restrictions and understandings herein contained shall, subject to the provision and assignment, apply to and bind the successors and assigns of the respective parties hereto or if they were in all cases named. 16. Waivers One or more waivers of any term, covenant or condition of either party shall not be construed as a waiver of a subsequent breach of the same or any other term, covenant or condition and the consent or approval by either party to any act shall not be deemed to waive or render unnecessary either party' s consent or approval for any subsequent similar act by the other party. 17. Extension, Renewal or Amendment to the Agreement It is mutually agreed that the time provisions in this agreement may be extended or renewed only by mutual written agreement of the parties hereto and that this agreement, including exhibits, may be amended or supplemented by a mutual written agreement of the parties hereto. 18 . Insurance Each party shall, at all times, maintain with responsible insurers, sufficient insurance against loss or damage to the various properties which are subject to the agreement as are customarily maintained with respect to loss and property of like character. Each party shall at all times maintain, with responsible insurers, comprehensive general 10 liability/auto insurance against all loss or damage with minimum limits of ten million dollars ($10,000,000 ) of which a portion may be self-insured by either party. Any contractor or subcontractor accomplishing work on any property which is the subject of this agreement shall be obligated to furnish and provide ten million dollars (10,000,000) of comprehensive general/auto liability insurance, including professional liability insurance, where applicable, naming both parties to this agreement as additional insureds, and all such policies shall contain an endorsement stating that said insurance provided by a contractor or subcontractor is primary, and any insurance carried by City or District is excess coverage. 19. Naylor Act Allocation It is understood and agreed by the parties that the acquisition of this property by the City is pursuant to the provisions of Education Code Section 39360 - 39403 et al (Naylor Act) . The acquisition of this property constitutes a portion of the City' s rights to park and recreation land under the Naylor Act. Pursuant to the Naylor Act, the property acquired by City shall be used for park, recreation and open space purposes. The deed to City shall provide, pursuant to Education Code Section 39398, that District has the right of repurchase in the event City does not use the property for such purposes. 11 • . IN WITNESS WHEREOF, the parties have executed this AGREEMENT dated for convenience as of the 20th day of April, 1984. CUPERTINO UNION SCHOOL DISTRICT By ! e./ is 22 20/9-9 CITY OF CUPERTINO B� "'� 6 APPROVED AS TO FORM ' D ' ONTENT: ATTEST: City Clrrk J 12 • • • LETTER OF ESCROW INSTRUCTIONS You are handed herewith the following : 1 . Release of lien - State of California 2 . Quitclaim Deed City of Cupertino to Cupertino Union School District 3 . Q,r telainr Deed Cupertino Union School District to City of Cupertino ' ' 4 . Subdivision Maps (2) 5 . Holding Agreement between California Land Title Company and the undersigned (to be held unrecorded) • 6 . Deed Cupertino Union School District to California Land Title Company of Santa Clara County pursuant to Holding Agreement Lots 1 through 5 of Tract 7682 You are authorized and instructed to record above documents . when you are in a position to issue policy of title insurance' insuring City of Cupertinoin the amount of $1, 500 , 000 . 00 . Title Insurance Policy to include property- as described in ' Quitclaim Deed above referred to as Item 3 The undersigned has read approved and understands the above documents which are to be recorded in this transaction with no consideration being exchanged . All funds which are due or may be due are to be handeled outside of this transaction and without liability to California Land Title Company. The City of Cupertino further agrees to deliver to California Land Title $3 , 300 . 00 which' represents fees for processing of subdivision maps , title insurance above referred to and escrow and recording fees .. It is ggreed and understood that this document and agreement' shall be t•he whole and only agreement between the parties hereto with regard to the instructions . and the obligations of the title • company named herein, in connection with this escrow. You are specifically directed to follow these instructions only , and you shall have no responsibility to follow the terms of any prior agreements entered .into betwee'a the parties herein . These instructions may be executed in counterparts each of which so executed shall be deemed an original . CUPERTION UNION SCHOOL DISTRICT -CTT -.OF CUPERTINO 11, BY: YVETTE D 'RADO , SUPERINTEENNDENT• ' -'.; ;BY : -ROBERT W. QUINLAN ATTEST: 'O'OTHY CORNELT S, CITY CLERK • ; J; `' ON of Cupertino 10300 Torre Avenue P.O. Boz 500 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 • March 14 , 1985 • California Land Title Co. 4040 Moorpark Avenue • San Jose, California 95117 Attention: Ms. S. Sweeney Re: Tract No. 7682 and Tract No. 7683 Hoover-Jol.lyman Subdivisions The City requests the following clarifications be incorporated into the escrow instructions: a. Two grant of. easements from Pacific Bell be recorded after the tract maps, but prior to the grant Gleed to the California Land Title Company. b. The holding agreement be executed by California Land Title Company. c. Copies of documents to be distributed to all parties. C1TY OF CUPERTINO Ap :ert J. V 's ovich eting City Manager BD:sm cc: Cupertino Union School. District �� p Bob Edmiston Dorothy Cornelius City Clerk • JTICOR TITLE INSURANCE BUYERS COPY ESCROW INSTRUCTIONS June 7 , 1989 TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 110 West Taylor Street San Jose , CA 95110 Phone : (408 ) 292-4212 Attention : Alana S . Higgins Re : Your Escrow No. 0576062 0000 Section I Cupertino Union School District of Santa Clara County , Seller( s) herein will hand you a Deed conveying the property described herein to vestee named below; City of Cupertino, Buyer( s) herein : * and will hand you prior to June 9 , 1989 the sum of 5 , 600 , 000 . 00 TO COMPLETE A TOTAL PURCHASE PRICE OF $5 , 600 , 000 . 00 r `a NO T i5y: Funds delivered to the escrow in a form other than ai cashier's or certified check drawn on a California Sank and p.ayalblle to TICOR TITTLE INSURANCE CONPANW OF CALIFORNIA, or cash, NAY resufit in the delay of close of escrow. Ticor Title Insurance Company of California "�� U�� nnn��pn . 000x*°� onm�w~won�nnmn=n� ORDER NUMBER 0575002 0000 Section II You are authorized to deliver and/or record all documents and disburse all funds when you will issue your current form of Interim Binder policy of Title Insuranca (and Lender ' s Policy as required by buyer ' s lender) with liability in the amount of the purchase price or amount of liability required by buyer ' s lender , whichever is greater , oh the real property described as : per attached legal description Exhibit "A" Showing title vested in : City of Cupertino SUBJECT TO: 1 . Covenants, conditions , restrictions , rights of way , easements and reSarvations of record . Section III * Hazard/Fire Insurance � Any insurance coverage will be handled outside of escrow between the principal 's , and you are not to be concerned therewith . The buyer to pay all closing costs on this transaction as per agree- ment for purchase dated June 1 , 1989 ^ * As a memorandum in this escrow with which Ticor Title Insurance Company ia in no way to be concerned , it is mutually agreed that these instructions are entered into by the parties hereto for the purpose of enabling Ticor Title Insurance Company to close this escrow but it is , in no way , intended to modify , supplement or supersede that certain agreement executed by and between the parties . SHOULD PARTIES HAVE ANN' OESTIONS CONCERNING THE SIGNING OF DOCUMENTS OR THE INTERPRETATION AND LEGALITY OF THESE INSTRUCl[ED-NS» THEY ARE ADVISED TO CONSULT THEIR. ATTORNEY. m Upon close of escrow you are authorized to charge our respective accounts the costs attributable to each in accordance with our respective estimated statements attached hereto and made a part hereof . - 2 ` Ticor Title Insurance Company of California N , ( CAT.NO.FF00153 E5378112-B7) all . S... ESCROW INSTRUCTIONS (continued) TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA DATE: June 7r 1989 ESCROW NO.: 576062 PAGE NO.: 3 - . GENERAL PROVISIONS - 1. All funds received in this escrow shall be deposited with other escrow jointly and severally agree to pay your cancellation charges and costs, • funds in a general escrow account or accounts of Ticor Title Insurance expenses and reasonable attorney's fees which you are required to expend Company of California, with any state or national bank, and may be or incur in such interpleader action, the amount thereof to be fixed transferred to any other such general escrow account or accounts. All and judgment to be rendered by the court. Upon the filing of such disbursements shall be made by check of Ticor Title Insurance Company action, you shall thereupon be fully released and discharged from all of California. Ticor Title shall not be responsible for any delay in closing obligations to further perform any duties or obligations otherwise imposed if funds received by escrow are not available for immediate withdrawal. by the terms of this escrow. 2. All proration and adjustments called ter in this escrow are to be made 11. In the event of cancellation of this escrow, the fees and charges due on the basis of a 30 day month unless otherwise instructed in writing. Ticor Title Insurance Company of California, including expenditures You are not responsible for any payment, adjustment or proration of incurred or authorized shall be borne equally by the parties hereto a Homeowners Association (or similar) charge, fee or unrecorded lien unless otherwise specifically agreed to or determined by a court of unless set faith in the escrow instructions. competent jurisdiction. 3. The phrase "close of escrow" (or COE or CE) as used in this escrow 12. In the event of cancellation of this escrow,you are authorized to demand means the date on which documents are recorded, unless otherwise payment of your charges and, on payment thereof, return documents specified. and monies to the respective parties depositing same or for whose benefit 4. Recordation of any instruments delivered through this escrow, if nec- an unconditional deposit was made; and to void executed instruments. essary or proper for the issuance of the policy of title insurance called 13. If there is no written activity by a principal delivered to this escrow for,is authorized. within any six-month period after the time limit date as set forth in the 5. You are authoriied to furnish copies of escrow instructions, supple- escrow instructions or written extension thereof, your agency obligation ments, amendments or notices of cancellation and closing statements shall terminate at your option and all documents, monies or other items in this escrow to the real estate broker(s) and lender(s) referred to in held by you shall be returned to the respective parties entitled thereto, this escrow- less fees and charges herein provided. 6. You are authorized to execute on behalf of the principals hereto, form 14. Upon receipt of any conflicting instructions, other than cancellation assignments of interest in any insurance policy(other than title insurance) instructions described in paragraph 7 above,you are no longer obligated called for in this escrow; forward assignment and policy to the agent to take any further action in connection with this escrow until further requesting that insurer consent to such assignment and attach a loss concurring instructions are received from the principals to this escrow. payable clause or such other endorsements as may be required, and to 15. You are not to be concerned with any question of usury in any loan or forward such policy to the lenders and principals entitled thereto- encumbrance involved in the processing of this escrow and you are 7. If a demand to cancel is submitted after the time limit date,any principal hereby released from any responsibility or liability therefor. so requesting you to cancel this escrow shall file notice of demand to 16. You are to be concerned only with the directives specifically set forth cancel in your office in writing. You shall within three (3) working in the escrow instructions and amendments thereto, and are not to be days thereafter mail by certified mail one copy of such notice to each concerned or liable for items designated as"memoranda" in the within of the other principals at the addresses stated in this escrow. Unless escrow instructions nor with any other agreement or contract between written objection thereto is filed in your office by a principal within the parties. fifteen (15) calendar days after date of such mailing,you are authorized 17. You are not required to submit any title report issued in connection to cancel this escrow. If written objection is filed with you, you are with this escrow to any party or agent unless directed to do so by written authorized to hold all money and documents in this escrow and take no mutual instructions. You may,however,do so without incurring liability further action until otherwise directed, either by the principals' mutual to any party for such submission. You are hereby authorized to submit written instructions or by final order of a court of competent jurisdiction. such reports to any proposed lender. If this is a sale escrow, you may return lender's papers and/or funds 18. You are authorized to destroy or otherwise dispose of any and all docu- upon lender's demand. ments, papers,instructions,correspondence and other material pertaining 8. No examination or insurance as to the amount or payment of personal to this escrow at the expiration of seven years from the close of escrow property taxes is required unless specifically requested- or cancellation thereof, without liability and without further notice to 9. Delivery to escrow of all notices, communications and documents are parties to the transection. required to be made timely at the office of Ticor Title Insurance Company 19. You are released from and shall have no liability, obligation or respon- of California set forth on page 1 of these instructions. sibility with respect to (a)withholding of funds pursuant to Section 1445 10. The principals hereto expressly agree that you, as escrow holder, have of the Internal Revenue Code of 1954 as amended, (b) advising the the absolute right at your election to file an action in interpleader in a parties as to the requirements of such Section, (c) determining whether court of competent jurisdiction requiring the principals to answer and the transferor is a foreign person under such Section, nor (d) obtaining litigate their several claims and rights among themselves and you are a non foreign affidavit or other exemption from withholding under authorized to deposit with the clerk of the court all documents and such Section nor otherwise making any inquiry concerning compliance funds held in this escrow. In the event such action is filed,the principals with such Section by any party to the transaction. Time is of the essence of these instructions.If this escrow is not in condition to close by the TIME LIMIT DATE of • 19—and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 7 of said General Provisions.In the event one or more of the above General Provisions is held to be invalid in judicial proceedings,the remaining respective General Provisions will continue to be operative.Any amendments of or supplements to any instructions affecting escrow must be in writing. • Signatures on any documents and instructions pertaining to this escrow indicate the signer's unconditional approval thereof.Principals will hand you any funds and instruments required from each respectively to complete this escrow. If no conflicting instructions or demand for cancellation is made,you will proceed to close this escrow and record documents when the principals have complied(and you are able to comply)with the escrow instructions.These instructions may be executed in counterparts,each of which shall be deemed an original regardless of date of execution or delivery,and together shall constitute one and the same document.If these instructions relate to a sale,buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof.All documents,balances and statements due the undersigned are to be mailed to the respective addresses shown below, unless otherwise directed. In these instructions,whenever the context so requires,the masculine gender includes the feminine and/or neuter,the singular number includes the plural. If any check submitted to escrow is dishonored upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such non payment. Social Security or Tax I.D. No- Social Security or Tax I.D.(No. City of Cupertino Cupertino Union School District By: By: Address Address ,.-- Telephone Telephone Telephone -co!TO 6)2;yirj to czy co co ky 6,-,1 eo to€3 9..(6,1 9(a 6=9,fitil-61 1,J6 qi I.0-A 0,ili: i:241)111':15i("i i 4 s.4: 1.-.';(7-,'i ici itcr_r,0 fcl fitij irly :,'1,1 cli,',Y41!IV.ft,i)pi.,•,,N (_,I) 9if, “10,i ifil (.1.1: ri-i '..,11,i Q1/4 :, ::..-1 1 co.6-ir firi-f i.243 t-6.) 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J TICOR TITLE INSURANCE Ticor Title insurers Estimated 6/07/89 Buyer/Borrower Settlement Sheet 116 : 31 : 05 ORDER NUMBER : 0576062 0000 BUYER : City of Cupertino 10300 Torre Avenue Cupertino CA 95014 SELLER : Cupertino Union School District of Santa Clara County PROPERTY ADDRESS : CUPERTINO HIGH SCHOOL CUPERTINO CA 95110 SETTLEMENT AGENT : TICOR Title Insurance of California PLACE OF SETTLEMENT: 110 West Taylor Street San Jose CA 95110 ESCROW OFFICER : Alana S . Higgins CLOSE DATE : 6/09/89 DEBIT CREDIT Sales price 5 , 600 , 000 . 00 TITLE AND ESCROW FEES Settlement/Closing rm $ 1 , 000 . 00 1 , 000 . 00 to TICOR Title Insurance Title insurance binder 1 , 035 . 00 to TICOR Title Insurance Title Insurance 10 , 350 . 00 to TICOR Title Insurance Owner ' s coverage 5 , 600 , 000 . 00 @ $ 10 , 350 . 00 BALANCE DUE ESCROW FROM BUYER 5 , 612 , 385 . 00 TOTALS 5 , 612, 385 . 00 5 , 612 , 385 . 00 Ticor Title Insurance Company of California i - J TICOR TITLE INSURANCE Ticor Title Insurers Estimated 6/07/89 Euyer/Borrower Settlement Sheet '16 : 31 : 08 ORDER NUMBER : 0576062 0000 PROPERTY ADDRESS : CUPER,'TINO HIGH SCHOOL DEBIT CREDIT READ AND ACCEPTED BY : (Buyer) Ticor Title Insurance Company of California • 2 • --•• • H. A. No. Applicant No. Cry Cannot, Holding Agreement THIS AGREEMENT, mado this day of between CALIFORNIA LAND TITLE COMPANY of Santa Clara County, a Cal i torn ta corporation, first party and, • . the Cupertino Union School District and the. City of Cupertino , a Municipal Corporation second party, it being understood that the singular includes the plural, affirms: The property hereinafter described has been conveyed to first party subject to the terms of this agreement. • The parties hereto declare that first party holds the title to said property as agent for second party and, except as otherwise provided herein, will convey, without warranty express or implied, or otherwise deal with the same as it may in writing be directed by Mr. R. Quinlan, City Manager, of the City of Cupertino jointly with Ms Yvette Del Prado , Superintendent of the Cupertino Union School District or by any other person designated in writing by second party, except that upon any change by second party of any person so designated, first party in its discretion may require that any person eliminated as such designee approve such substitution or join in any subsequent direction to first party to act,and provided first party shall be under no obligation to convey said property to anyone other than second party unless a policy of title insurance for the full value of the property is issued by first party to a grantee and paid for at the regular title insurance rates. The sole rind exclusive responsibility of first party, with respect to the property, shall be to convey under the terms hereof such title thereto as shall actually have been conveyed to it or which second party may have been able to maintain and protect in it as required by the written instructions of second party or his properly designated representative. Without limiting the effect of the general statement of the responsibility of the first party as stated above, it is agreed: (a) That the first party shall not be answerable or responsible for the validity, nature or extent of its title to said property (except such liability as it may assume under any policy of title insurance issued by it), nor for the value thereof; nar for any encum- brances,restrictions or other clouds against the title thereto; (b) That first party shall be under no obligation: L To do any act relating to said property by virtue of which it shall assume or incur any liability or responsibility of any character; 2. To collect any revenue accruing from said property; 3. To pay any indebtedness against the same or any interest thereon; 4. To pay any taxes or assessments thereon; 5. To effect or keep in force any fire insurance upon any improvements or any other form of insurance relating to said property; 6. To give to second party notice of any matter whatever affecting the property which may come to its attention; 7. To appear in or become a party to any.litigation by reason of its holding title to the property herein described even though it may be named as a defendant in any action affecting said property. Second party agrees to obtain and keep in farce public liability insurance insuring first party and any other insurance demanded by first party in such amount and form as first party may require. First party at its sole option'and without liability of any kind to second party. or its successors in interest, or to the person named to direct first party under this agreement. may terminate the agency and its duties under this agreement at any time by conveying said property or any portion then held by it, without warranty express or implied, ia) to second party or successors in interest of second party or (b) jointly to second party or successors in interest of second party and the persons named to direct first party under the agreement. While title is held by first party under this agreement, second party shall have no authority whatsoever to create any obligation of any character on account of the first party,affecting said property. Second party hereby indemnifies first party against any loss, damage, costs, charges, judgments, attorneys fees or other sums which first party may have laid out, suffered or incurred or which it may be required to pay, either before or after title has been conveyed out • by first party, by reason of its holding title to said property, arising from any cause whatsoever, and second party agrees to pay the same to first party upon demand. together with interest thereon at the rate of 6% per annum from the date of any such loss or disbursement. First party,as security for the performance of second party's obligations under this agreement, including the repayment and reimbursement above mentioned, shall have a lien upon the property herein described and shall not be required to reconvey said property to second party. • or his successors or assigns, or to make any conveyance thereof under the provisions hereof until it has been reimbursed for all losses and monies paid out by it with interest as aforesaid and has received payment of all indebtedness incurred by it or which may become.due from it hereunder. The property herein referred to is situated in the City of Cupertino County of Santa Clara State of California and is particularly described as follows: Lots 1 , 2 , 3 , 4 and 5 of Tract 7682 , Santa Clara County . Per Exhibit "A" attached and incorporated •herein • G3 CUPERTINO UNION SCHOOL DISTRICT v✓ • - BY: PHI OHNSON, MAYOR • • BY : MS ' YVETTE DEL PRADO , SUPERINTENDENT • CITY ►F CUPERTINO : / L-'! Gi / ATTE&P. DOROTHY 'IR ELIUS, CITY CLERK • / / _ - - ' - CALIFORNIA LAND TITLE COMPANY BY : R.W. UINLAN OF SANTA CLARA COUNTY • ADDRESSES 'j/ . Dv 4 i • / r< Vice President Hy - Assistant Secretary ,..�I1rlJ.1HI t Ha NEIL,Yr1- •-•,.. . ,.. -,. , NO.202 • 1/ ' A � Ab 0 State of _ 17'.%i /4.4+ On this the t day of • I ( 19 a?before me, ` SS. / County oft / �� ' /�' c / // / ; the u .• • Notary Public, perso !Ply appeared &� ' . �%, / / neniab.nOVD“DC•a9Ur'�3 nr',sUt,ocinL (personally known toolOFFICIAL SEAL /❑ proved to me on the basis of satisfactory evidence 2. ,�� ;- ALLISON.,!. VILLAkANTE to be?p-, .•n(s�y�p9�Cxecu} d the within instrument asE;� NpT.>,0.r ?P. :- •'="""' Lp / � � er on behalf of the corporation therein , ?:: SAt:TA "f' c;-• Jl Tt named,an'cknowledged to me that the cor.• ation executed it. , My Commission Expires Fob. 8, 1988 a WITNESS) hand anti!! se-I. 6 �Gn74NiOX:LTJGT: • I • RESOLUTION NO. 6505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A HOLDING AGREEMENT WITH CALIFORNIA LAND TITLE COMPANY AND MODIFYING THE AGREEMENT • BETWEEN THE CUPERTINO UNION SCHOOL DISTRICT AND THE CITY OF CUPERTINO • WHEREAS, the Cupertino Union School District and the City of Cupertino have ehtered into an Agreement to develop Jollyman and Hoover School sites; and • WHEREAS, the Agreement called for California Land Title Company to act as trustees and hold five lots in escrow as financial security; and WHEREAS, California Land Title Company requires a designated City and School District officer to receive escrow instructions from, and WHEREAS, an Holding Agreement with California Land Title Company must be executed; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to sign, in behalf of the City of Cupertino, the Holding Agreement with California Land Title Company; BE IT FURTHER RESOLVED that City Manager Robert W. Quinlan is designated to be the City Officer from whom California Land Title will accept joint instructions, and that California Land Title Company no longer must be a trustee. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1241._ day ofFabruarI , 1985, by the following vote: n-us IS TO CERTIFY lr,nl U Members of the CitCouncil INSTRUMENT IS A TRUE AND CORRECT Cm• y OF THE ORIGINAL ON FILE IN THIS OFFICE AYES: Gatto, Plungy , Rogers, Sparks, Johnson ATTEST i1/'/ 7 • ��f NOES: None CITY CLERK E CITY OF d _ TING ABSENT: None ABSTAIN: None BY CITY E K ATTEST: APPROVED: /s/ Allison Villarante /s/ Phil N. Johnson City Clerk Mayor, City of Cupertido • , RESOLUTION NO. 1274 • AUTHORIZATION TO TRANSFER FIVE LOTS TO CALIFORNIA LAND TITLE COMPANY AS SECURITY FOR REPAYMENT OF FUNDS ADVANCED BY CITY OF CUPERTINO WHEREAS, the Cupertino Union School District (hereinafter "District") and the City of Cupertino ( hereinafter "City") have previously entered into an agreement dated April 10, 1984 regarding the sale of portions of the Jollyman and Hoover School sites to the City and the development and sale of the balance of said sites; and WHEREAS, said agreement provides that City shall advance funds for costs of development of the District portions of Jollyman and Hoover School sites over and above those funds owed to District by City through the purchase of portions of Jollyman and Hoover School sites from District; and WHEREAS, said agreement provides that District will convey five (5) lots to California Land Title Company as security for repayment of said funds to City by District with said lots to be released by the title company to District as the City is repaid; and WHEREAS, the City and District agree that Lots 1, 2, 3, 4 and 5 on the Hoover School site subdivision have been designated by City and District as the lots to be placed with the California Land Title Company; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Cupertino Union School District authorizes the transfer of Lots 1, 2, 3 , 4 and 5, as designated on the Hoover School site subdivision, to California Land Title Company pursuant to a Holding Agreement for the benefit of the District and the City of Cupertino pursuant to the agreement dated April 10, 1984 between the District and the City. • 2. That the Superintendent or designee is hereby designated and authorized to sign the necessary documents to effectuate this transfer. PASSED AND ADOPTED by the Board of Education of the Cupertino Union , School District, County of Santa Clara , State of California this ' 12th day of February , 19 85 by the following vote: AYES : Members Barran, Chell , Halstead, McK••Rley, White . NOES : None ABSENT: None _.--e--4-/-0-- --/..._7_, Membe •A ;�„(� 6/7// Membey . \ Member-- f a,_.--)✓ 4"�✓t/ice Member m / ✓Erect., - 9,- llL 9 3 ember // P-----x - a H. A. No licant No. y _— P Holding Agreement THIS AGREEMENT, made this day of between CALIFORNIA LAND TITLE COMPANY of Santa Clara County, a California corporation, first party and, the Cupertino Union School District and the. City of Cupertino, • a Municipal Corporation . second party, it being understood that the singular includes the plural, affirms: The property hereinafter described has been conveyed to first party subject to the terms of this agreement. The parties hereto declare that first party holds the title to said property as agent for second party and, except as otherwise provided herein,will convey,without warranty express or implied, or otherwise deal with the same as it may in writing be directed by Mr. R. Quinlan, City Manager, of the City of Cupertino jointly with Ms Yvette Del Prado , Superintendent of the Cupertino Union School District or by any other person designated in writing by second party, except that upon any change by second party of any person so designated, first party in its discretion may require that any person eliminated as such designee approve such substitution or join in any subsequent direction to first party to act,and provided first party shall be under no obligation to convey said property to anyone other than second party unless a policy of title insurance for the full value of the property is issued by first party to a grantee and paid for at the regular title insurance rates. The sole and exclusive responsibility of first party, with respect to the property, shall be to convey under the terms hereof such title thereto as shall actually have been conveyed to it or which second party may have been able to maintain and protect in it asrequired by the written instructions of second party or his properly designated representative. Without limiting the effect of the general statement of the responsibility of the first party as stated above, it is agreed: (a) That the first party shall not be answerable or responsible for the validity, nature or extent of its title to said property (except such liability as it may assume under any policy of title insurance issued by it), nor for the value thereof; nor for any encum• brances,restrictions or other clouds against the title thereto; (b) That first party shall be under no obligation: 1. To do any act relating to said property by virtue of which it shall assume or incur any liability or responsibility of any character; 2. To collect any revenue accruing from said property; 3. To pay any indebtedness against the same or any interest thereon; 4. To pay any taxes or assessments thereon; 5. To effect or keep in force any fire insurance upon any improvements or any other form of insurance relating to said property; 6. To give to second party notice of any matter whatever affecting the property which may come to its attention; 7. To appear in or become a party to any.litigation by reason of its holding title to the property herein described even though it may be named as a defendant in any action affecting said property. Second party agrees to obtain and keep in force public liability insurance insuring first party and any other insurance demanded by first party in such amount and form as first party may require. First party at its sole option and without liability of any kind to second party, or its successors in interest, or to the person named to direct first party under this agreement, may terminate the agency and its duties under this agreement at any time by conveying said property or any portion then held by it, without warranty express or implied, (a) to second party or successors in interest of second party or (b) jointly to second party or successors in interest of second party and the persons named to direct first party under the agreement. While title is held by first party under this agreement, second party shall have no authority whatsoever to create any obligation of any character on account of the first party, affecting said property. Second party hereby indemnifies first party against any loss, damage, costs, charges, judgments, attorneys fees or other sums which first party may have laid out, suffered or incurred or which it may be required to pay, either before or after title has been conveyed out by first party, by reason of its holding title to said property. arising from any cause whatsoever, and second party agrees to pay the same to first party upon demand, together with interest thereon at the rate of 6% per annum from the date of any such loss or disbursement. First party,as security for the performance of second party's obligations under this agreement, including the repayment and reimbursement sy° above mentioned,shall have a lien upon the property herein described and shall not be required to reconvey said property to second party. >.r or his successors or assigns, or to make any conveyance thereof under the provisions hereof until it has been reimbursed for all losses and e;. monies paid out by it with interest as aforesaid and has received payment of all indebtedness incurred by it or which may become. due ' " from it hereunder. IP The property herein referred to is situated in the City of Cupertino County of art Sn-pta Clara State of California and is particularly described as follows: if.rr4' Lots 1, 2 , 3 , 4 and 5 of Tract 682 Santa Clara County. Per #ll " • Exhibit "A" attached and incorp ated herein p ..:v..o .ICY+,y a; cioeCUPERTINO UNION SCHOOL DISTRICT f , BY: PHI ORNSON, MAYOR BY : MS YVETTE DEL PRADO , SUPERINTENDENT // t(ve " jf( CITY rF CUPERTINO : �.4- 0(( -of ' St DOROTHY ' 6RNELIUS, CITY CL n �+ ►� ��. CALIFORNIA LAND TITLE COMP }' ° "batt ,, BY : R.W. QUINLAN OF SANTA CLARA COUNTI ,a y��i` / 7 ADDRESSES APPR , D TO FORM: By /j/ —�`.` , f R e r 4� e � �/�ti / S4- Vice P 4gy City At orney By *“ Assistant tiltea y.x t4 ta,1,41'119,is t 1 C , 1� 1 tT ' `�qs. (Corporation) -n fi kif, ;M• s'', `t�ya ,, tie"� STAS'I;,CF CALIFORNIA/� f Ys f ', . 'COUNTY OF cA it 1-rn l /C(f 424 } SS. }. . }t 4,..• s * st On/'/ I6�/`t'-/7 , ,. Ji — before me, the undersigned, a Notary Public in and for said Y0E.S`s;* / f1'a�tk"M l.", State, personally appeared rj /I,'i,-{-- V, Te2S-c °'- ., 1 �Al 1 2'• 1 ,.t I" 1'1 �_ 1? ( %14r`-t• - President, and rer Iri1 4 .4 w known to me to be the ,,r?gi' w known to me to be Secretary of the corporation that executed the within Instrument, e'14‘.a :"•1s r yam•° ad = known to me to be the persons who executed the within ...*: c+ `•�1� 1,1 •' P r'Y I Instrument on behalf of the corporation therein named, and +. �5+' t b �,-f a acknowledged to me that such corporation executed the within ,• r ' , instrument pursuant to its ',plows ora resolution of its board h" 't i . " + w POFFICIAL SEAL.,� of directors. ik: I '1� M1 y1 r,*[� x ` '1:•:?!.,‘ B. TOLMAN ,:_ WITNESS my hand a official a ii� r t'r* ty�� vit.),' r;OX //�a]//� 1 r i ) NOTARY PUBLIC-CALIFORNIA I !f° . r tr` 1; ,'t /(f��7 / ,� ''••"''42.4 PRINCIPAL OFFICE IN THE p�f T 1,�,t Y1Y� •y `k1 Signature , Q j.• COUNTY OF SANTA CLARA P ,�,F IYy 1 YZ. �a My Commission ExpiresOct.4.198e r 41,:1, y �•i 4Q;y711 - 'S 1 Name (Typed or Printed) ,4r�D''.yv;�-vyv_._ -t Stdi?iYr*n ti" w`o , i f Y, ?w',4' ya,�....�JJ a a. r4. )RPORATE Ate//KNOWLEDGMENT No• ''r !! , !l!^!.OSCACC l/!!!!!_1!/!!!lllJ_'1!!!!!I!!!I !!!!!r JJ.%/!!!!!!!!!!J!lll./!!!!!c!!!!!! !/I AC State of #i / On this the!day of /I.:/ Com— 19_e ?before me, ` '1 SS.' • 1 • •r. County of z' �� -•-.Ceti _/// j a"r(f Ithe u 4- .14 : •• =• Notary Public, perso ly appeared 1 ow d Gxct'� 9Gx9GaeseCIOSIDG—CtetceteSSSCADt l ` OFFICIAL SEAL' 'personally known torr, proved to me on the •asis of satisfactory evidence • * ti 1�t ALLISON, F. VILLAftANTE to bet •: ••n(s) j•y xecu :d the within Instrument as \ y': >!, ':r NOTARY PUBLIC•LALu�xl�lA "� A : on behalf of the corporation therein , 11';', g :-� SANTA CLAIA COUNTY named,an fcknowledged to me that the cor ation executed IL- , My Commission Expires Feb. 8, 1988 $ WITNESS ••• hand ant official se I. \ •O;Vc)oraa4T1(.wo c)Qo•7W7cAGAGNIuNG);.. 4,6?&-•10>inature \ „t><�z!'e��. , ti ; .� ' ;a 1111CC•CeJ -.CC.C!!!!lll./!!!.l•/,/!!J!!!!!!!!!!./!!!!!!!!!!!!!J!!!�Y!!/!!!!!!!./!!!!!-/!t!!!!!!!!!!l!!!� yt 122 • NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 0825•Woodluld Hills,CA 81361 44 • iPORATE ACKNOWLEDGMENT NO tNr /y a i State of /// �/k ' On this the // day of //L ' 191 y before me, - ..- SS. Ca �J,J ��y/.�" ; 7,,.. the un ' ned Notary Public,personally appeared , ' - 2.7z?sticon.ato.2 • , personally known to me , `„'�� o�� e�� ❑ proved to me on the basis of satisfactory evidence ; . I \ " 0: OFFICIAL SEMI 8 t the person(s)who executed the within Instrument as \ C''* 0451.€ ALLISON F. VILIARANiE $ '_NOIARY PUBLIC•CAUfORNf/� Gor on behalf of the corporation therein \SANTA CLAM COUNTY, named,an cknowledged tome that the corporation executed it. , N. ,� My Commission Expires Feb. 8, 1988 WITNES y hand and official se //p•�L/J/� • • t.' Qw2aaTawtaaia�Graca2aYsrsr,T�w�la��oaw Y'`��1 wI . ' \, .'•L • of s ignature 'r 4,1 3 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4825•miasma Ha CA 91380 , R. A 14 r '.tyAr in .the PRI, SIAM. Of CALIFORNIA 1 y,l On •this /,--- clay a6 be one COUNTY OF SANTA CLARA ) yewt a One Thotleand cne n r Pte'' 6 r ,� ale �_ • aalcc9GclMOWSCOc t#DGYSG,occectsGxea •.fair PCG �ea411 1, rte!�idon th thie t!--7— duty ino n:� a OFFICIAL SEAL State o 6 6 ,4i• . �L- Lucille Campagna-Blaisa a�.oned and ewonn, pensanu- li appeared _ .',' NOTARY PUBUC•CALIWRNIA 7g�6��,�d .t�sci . 2 beUbA L�NKM COUiulY .5 ".•`' ZS G pereann.e.ty known • a me an waive •faun t Te ae•c s a 6 2 My Commission Expires lam 13, 1989• 8 4ati/'6ac.tony e.v.Cde.11ee I (L.i.certhe No• ) ° �JGVG'�uG1u4�:1G10/'•'��"'YVv••.... to be •tete peahon whoze name .id hlibaexc erne—The rail G�oecc�ccic ��pp°�"DC'� G°`XI nem an whahe name Lo eubaehCbed .to .thL6 .Lnht/twnewt, and•.. ` F� �,�, �. oFt IC1AL SEAL achnowtedg ed .that he. executed .i t. •• z, Lucille Campagna-Blai o _ — `' BOARD OF EDUCATION Superintendent :41 � '' Joan C. earram Yvette del Prado Steven C. Chell CUPERTinO r Rodger C. Halstead AIOA SCHOOL DISTRIC Elaine K.White 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA 95014 • TELEPHONE(408)252.3000 September 23, 1985 Travis Whitten, Assistant Public Works Director 10300 Torre Avenue Cupertino, California 95014 Dear Mr. Whitten: Attached is the original and a copy of the signed Agreement pertaining to the previous agreement dated April 20, 1984 between the District and the City of Cupertino regarding the Jollyman and Hoover School sites. Also attached is the warrant in the amount of $500,000.00. Please date and sign said Agreement and return a copy for our files. Sincerely, // / Sonja Shurr Property Management SS:bw .Attachments cc: Santa Clara Land Title Co. :F • An equal opportunity employer AGREEMENT This Agreement entered into this 23 day of S O TO/nai( , 19 /5S- by WSby and between the City of Cupertino (City) and the Cupertino Union School District (District) . Recitals: 1. The City and District have previously entered into an agreement dated April 20, 1984 regarding the Jollyman and Hoover School sites owned by the District. Said agreement included the City's purchase of the playing fields and supervision of design and installation of site improvements. 2. City has made two (2) payments to District totaling $1,500,000 for eleven (11) acres of open space land at the Jollyman and Hoover School sites, leaving a balance due to the District of $576,367.00. 3. District acknowledges that City has expended funds to date in performing the subdivision work pursuant to the Agreement of April 20, 1984 and will continue to expend funds exceeding the balance owed to the District. 4. District agrees that 'it shall be responsible for paying of such additional costs. N3W, THEREFORE, BE IT HEREBY AGREED as follows: 1. The District herewith provides the City with a warrant for $500,000.00 pertaining to funds owing and unpaid to City for site developments. 2. The District places $100,000.00 in escrow with Santa Clara Land Title Company for distribution to City on remaining funds owing and unpaid upon the acceptance of District' s and City's final accounting for said site developments. 3. The City hereby agrees to grant deed Lots One (1) through Five (5) , Tract 7682 to the District. 4. The City agrees to name District the receiver of said rebates due over a twenty (20) year period from San Jose Water and Pacific Gas and Electric Company. CITY OF CUPERTINO CUPERTINO UNION SCHOOL DISTRICT !IP ej l_ 7. Y .1 gip • BOARD OF EDUCATION Superintendent r • - � • Joan C. Barram Yvette del Prado + •�;. Steven C.Chell OPERTinO Rodger C. Halstead . union Elaine K.White SCHOOL DISTRIC • 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA 95014 • TELEPHONE(408)252-3000 • September 23, 1985 • • • Santa Clara Land Title Company 701 Miller Street San Jose, California 95110 Gentlemen: Enclosed is the' original and a copy of the Master Escrow Instructions pertaining to the closing of the 27 Hoover School site lots which were sold. Also enclosed is a warrant in the amount of $100,000.00 to be placed in an interest 'bearing account and to the benefit of the District as outlined in the attached escrow instructions. Please provide the District with a completed and signed copy of the Master Escrow Instructions document. ' Sincerely, 1 • Sonja Shurr - Property Management SS:bw Attachments • cc: City of Cupertino • • • • An equal,opporWnity employer • i • MASTER ESCROW INSTRUCTIONS 'HOOVER SCHOOL Sm . ESCRCIR I -. These instructions are Master Escrow Instructions to be used on the above referenced closings and shall be used on all closings unless • otherwise advised in writing by the Cupertino Union School District. • ' You are hereby authorized and instructed on all the escrow to adhere to the following procedures: 1. There will be no Broker's du:missions due on any of the sales of lots in this subdivision. ' 2. Sales prices are listed on the attached Exhibit "A" designated as "Purchase Price". 3. All purchasers have deposited "out of escrow" a $10,000 deposit to the school district which is being held in an interest bearing account at 6 1/2% interest, with Cupertino National Bank. a. The $10,000.00 deposit will be a credit to the buyers. b. The interest accrued will be credited to the buyers at close of escrow based on 6 1/2% interest. from August Sr . 1985. to close of escrow. 4. The only other deduction from sales price will be a fee awed to Enshallah Developments, Inc. This fee will be computed as follows: 3% of the sales price minus 1/27th of •$29,012.50 (amount advanced by Cupertino Union School District) . 5. All closing costs will be paid by Buyer as per Section 3.4 of our Purchase Agreement. 6. You are hereby authorized to'prepare notes and Deeds of Trust in favor of the Cupertino Union School District on the following lots: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 These notes should be prepared as per Section 2.2 thr.0 2.8 of the Purchase Agreement. • 1. You are• to credit the Cupertino Union School District interest -.gat 11% frau close of escrow to the first.day of the following month. 2. Monthly payments should be made to the Cupertino. Union School District, c/o Gerald F. Matranga, Director, Business Services, 10301 Vista Drive, Cupertino,. California 95014. • a. For any questions or discrepancies please contact Sonja Shurr, Property Management, at 252-3000, extension 299. 3. You are to deliver for signature by the School District a Grant Deed and closing statement to Sonja Shurr, Property Management, Cupertino Union School District, 10301 Vista Drive, Cupertino, California 95014. 4. Prior to .the close of the 1st escrow, the School District will deliver a copy of a resolution authorizing the School District to sell and execute Escrow Instructions for the Hoover School site. 5. The School District will place $100,000.00 in escrow with Santa Clara Land Title Company pending written escrow instructions from the School District which will outline distribution thereof. The $100,000.00 shall be placed in an interest bearing account which will be fully insured and to the benefit of the School District. CUPERTINO UNION SCHCOL DISTRICT By,4244 CR. Y cl b41}1.9 ,a ' -, w - 4uii ; BOARD OF EDUCATION Superintendent ® Joan C. Barram Yvette del Prado Ca.a Steven C. Chell uPERTIAO5 Rodger C. Halstead UAIOA Elaine K.White DISTRIC 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA 95014 • TELEPHONE(408)252.3000 August 23, 1985 California Land Title Company 1975 Hamilton Avenue San Jose, California ATTENTION: Albert Y. Torres RE: Holding Agreement #85-119 Tract 7682 Lots 1 thru 5 Gentlemen: You are hereby authorized and instructed without warranty or liability, under the terms and conditions of the above Holding Agreement to convey Lots 1 thru 5, Tract 7682 to the Cupertino Union School District. For your convenience, a Deed has been prepared for your signature by Santa Clara Land Title Company. If there are any questions concerning this matter, please contact Mr. Wayne Miyahara at Santa Clara Land Title, telephone #288-7800. City of Cuper2) ou Cupertino Union School District By /Jl/ ette del Prado, Ph.D. perintendent GFM:bw Attachment aIs An equal opportunity employer 'i+v BOARD OF EDUCATION Superintendent ' �, Joan C. Barram Yvette del Prado y 3 "'� .�l�. �;. Steven C.Chell CVPERTMO - Rodger C. Halstead neon sown Elaine K.White DIlTRIC 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA95014 • TELEPHONE(408)252.3000 September 23, 1985 Travis Whitten, Assistant public Works Director 10300 Torre Avenue • Cupertino, California 95014 Dear Mr. Whitten: Attached is the original and a copy of the signed Agreement pertaining to the previous agreement dated April 20, 1984 between the District and the City of Cupertino regarding the Jollyman and Hoover School sites. Also attached is the warrant in the amount of $500,000.00. Please date and sign said Agreement and return a copy for our files. • Sincerely, 4r . Sonja Shurr Property Management SS:bw Attachments cc: Santa Clara Land Title Co. • An equal opportunity employer ) • • AGREEMENT This Agreement entered into this 23 day of S EPTE)»Q6X , 19 $r by and between the City of Cupertino (City) and the Cupertino Union School District (District) . Recitals: 1. The City and District have previously entered into an agreement dated April 20, 1984 regarding the Jollyman and Hoover School sites owned by the District. Said agreement included the City's purchase of the playing fields and supervision of design and installation of site improvements. 2. City has made two (2) payments to District totaling $1,500,000 for eleven (11) acres of open space land at the Jollyman and Hoover School sites, leaving a balance due to the District of $576,367.00. 3. District acknowledges that City has expended funds to date in performing the subdivision work pursuant to the Agreement of April 20, 1984 and will continue to expend funds exceeding the balance aged to the District. 4. District agrees that it shall be responsible for paying of such additional costs. N7W, THEREFORE, BE IT HEREBY PGREED as follows: 1. The District herewith provides the City with a warrant for $500,000.00 pertaining to funds owing and unpaid to City for site developments. 2. The District places $100,000.00 in escrow with Santa Clara Land Title Company for distribution to City on remaining funds owing and unpaid upon the acceptance of District' s and City's final accounting for said site developments. 3. The City hereby agrees to grant deed Lots One (1) through Five (5) , Tract 7682 to the District. 4. The City agrees to name District the receiver of said rebates due over a twenty (20) year period from San Jose Water and Pacific Gas and Electric Company. CITY OF C]PERTINO CUPERTINO UNION SCHOOL DISTRICT C9 i -t .114u2 /YEL,kA f• WA. .tx.i�, • "17- .. BOARD OF EDUCATION superintendent • Joan C. Barram Yvette del Prado e r `� ��. •` �' Steven C. Chell CuPERTInOJ Rodger C. Halstead WHOA Elaine K.White SCHOOL DISTRIC 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA 95014 • TELEPHONE(408)252.3000 September 23, 1985 Santa Clara Land Title Company 701 Miller Street San Jose, California 95110 Gentlemen: Enclosed is the original and a copy of the Master Escrow Instructions pertaining to the closing of the 27 Hoover School site lots which were sold. Also enclosed is a warrant in the amount of $100,000.00 to be placed in an interest bearing account and to the benefit of the District as outlined in the attached escrow instructions. • Please provide the District with a canpleted and signed copy of the Master Escrow Instructions document. Sincerely, �/ Q Sonja Shurr Property Management SS:bw Attachments cc: City of Cupertino • An equal opportunity employer • MASTER ESCRCH INSTRUCTIONS HOOVER SCEIOOL Sint ESCROW # These instructions are Master Escrow Instructions to be used on the above referenced closings and shall be used on all closings unless otherwise advised in writing by the Cupertino Union School District. You are hereby authorized and instructed on all the escrow to adhere to the following procedures: 1. There will be no Broker's commissions due an any of the sales of lots in this subdivision. 2. Sales prices are listed on the attached Exhibit "A" designated as "Purchase Price". 3. All purchasers have deposited "out of escrow" a $10,000 deposit to the school district which is being held in an interest bearing account at 6 1/2% interest, with Cupertino National Bank. a. The $10,000.00 deposit will be a credit to the buyers. b. The interest accrued will be credited to the buyers at close of escrow based on 6 1/2% interest frau August 9, 1965 to close of escrow. 4. The only other deduction from sales price will be a fee owed to Enshallah Developments, Inc. This fee will be computed as follows: 3% of the sales price minus 1/27th of $29,012.50 (amount advanced by Cupertino Union School District) . 5. All closing costs will be paid by Buyer as per Section 3.4 of our Purchase Agreement. 6. You are hereby authorized to prepare notes and Deeds of Trust in favor of the Cupertino Union School District on the following lots: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 These notes should be prepared as per Section 2.2 thru 2.8 of the Purchase Agreement. 1. You are to credit the Cupertino Union School District interest at 11% frau close of escrow to the first day of the following month. 2. Monthly payments should be made to the Cupertino Union School District, c/o Gerald F. Matranga, Director, Business Services, 10301 Vista Drive, Cupertino, California 95014. a. For any questions or discrepancies please contact Sonja . Shurr, Property Management, at 252-3000, extension 299. 3. You are to deliver for signature by the School District a Grant Deed and closing statement to Sonja Shurr, Property Management, Cupertino Union School District, 10301 Vista Drive, Cupertino, California 95014. 4. Prior to .the close of the 1st escrow, the School District will deliver a copy of a resolution authorizing the School District to sell and execute Escrow Instructions for the Hoover School site. 5. The School District will place $100,000.00 in escrow with Santa Clara Land Title Company pending written escrow instructions from the School District which will outline distribution thereof. The $100,000.00 shall be placed in an interest bearing account which will be fully insured and to the benefit of the School District. CUPERTIIV UNION SCHOOL DISTRICT By , Cdr-r`` V Vit L!Jl3 r • ,A - BOARD OF EDUCATION Superintendent ® Yvette del Prado q ` Joan C.Barram C _� Chell PERTIAO'� RodgereC.Halstead C. Halstead A10,1 Elaine K.White SCNOOI DISTRIC 10301 VISTA DRIVE • CUPERTINO,CALIFORNIA 95014 • TELEPHONE(408)252.3000 August 23, 1985 California Land Title Company 1975 Hamilton Avenue San Jose, California ATTENTION: Albert Y. Torres RE: Holding Agreement #85-119 Tract 7682 Lots l 'thru 5 Gentlemen: You are hereby authorized and instructed without warranty or liability, under the terms and conditions of the above Holding Agreement to convey Lots 1 thru 5, Tract 7682 to. the Cupertino Union School District. For your convenience, a Deed has been prepared for your signature by Santa . . Clara Land Title Company. If there are any questions concerning this matter, please contact Mr. Wayne Miyahara at Santa Clara Land Title, telephone #288-7800. City of Cuper� o • Cupertino Union School District ' By -tte del Prado, Ph.D. .-rintendent GFM:bw Attachment An equal opportunity employer • J 441PAGE 704 • RESOLUTION NO. 6623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A DEED OF EASEMENT FOR STORM DRAINAGE FACILITIES FROM THE CUPERTINO UNION SCHOOL DISTRICT LOCATED WITHIN TRACT NO. 7683, JOLLYNAN SITE WHEREAS, the Cupertino Union 'School District Grantor, has executed a Deed of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for storm drain purposes over the property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in Exhibit "A" and Exhibit "B", • attached hereto and made a part hereof. All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of approxi- ' mately 0.024 Acre, located along the westerly five feet of Lot six and the easterly five feet of Lot seven as shown upon that certain map entitled "Tract No. 7683" NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said Grant so tendered; and IT IS FUTHER RESOLVED that the City Clerk be and she is hereby authorized to record said Deed of Easement and this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July , 1985 by the following vote: AYES: Gatto, Plungy, Pogers, Sparks, JohnsoltHIS IS TO CERTIFY THAT THE WITHIN NOES: None • INSTRUMENT IS ATRUE AND CORRECT COPY ABSENT: None OF THE ORIGINAL ON FILE IN THIS OFFICE. ABSTAIN: None ATTEST �'at3 . ,�S' CITY CLERK E CIT • OF CUPERT;iir AfPEST: eV-PROVED: CTY CLERKV /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino • J 4 41 PAGE 705 DEED OF EASEMENT • Cupertino Union School District of Santa Clara County hereby grants to the City of Cupertino, a municipal corporation, an easement in the City of Cupertino, County of Santa Clara, State of California, described as follows: AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAINAGE FACILITIES TEN (10) FEET IN WIDTH DESCRIBED AS FOLLOWS: THE WESTERLY FIVE FEET OF LOT SIX AND THE EASTERLY FIVE FEET OF LOT SEVEN AS SHOWN UPON THAT CERTAIN TRACT MAP ENTITLED "TRACT NO. 7683" FILED FOR RECORD MARCH 15, 1985, IN BOOK 540 OF MAPS AT PAGES 32 AND 33, SANTA CLARA COUNTY RECORDS. Maintenance of, and liability for, said easement shall lie with the City of Cupertino. CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY By 2,,_Lo President, Board of Education Dated I ) / 73/S-- • J441PAGE . 706 • I RESOLUTION NJ. 1289 RESOLUTION AIJ HORIZIIG EXECUTION OF DEED OF EASEMENT 70 CITY OF CUPERTINO FOR 11UNDERGROUND DRAINAGE PURPOSES (JOLLYMAN SCHOOL SITE) WHEREAS, pursuant to Education Codes Sections 39540 and following, the Board of Education of the Cupertino Union School District on May 28, 1985 passed a resolution of Declaration of Intent to Grant Deed of Easement for the Jollyman School site to convey an easement to the City of Cupertino for underground drainage purposes over the property described in Exhibit A attached heretoand incorporated herein; and WHEREAS, pursuant to the Education Code, proper notice of the adoption of said resolution was pasted and published; and WHEREAS, a public hearing has been held upon the question of making said conveyance; NOW, THEREEEY)RE, BE IT RESOLVED that the President of the Board of Education of the Cupertino Onion School District shall be, and hereby is, authorized to execute a Deed of Easement to the City of Cupertino for underground drainage purposes to the property described in Exhibit A. PASSED AND ADOPTED by the Board of Education of the Cupertino Union School District, County of Santa Clara , State of California this 11th day of June , 19 85 by the following vote: • AYES : Members Barram, Chell , McKinley, White NOES : None ABSENT: Member Halstead President of the Board of Education Cupertino Union School District School District of Santa Clara County . RECORDER'S MEMO . FAINT WRITING OR TYPI- NG OR CARBON COPI• ES D24KES �. POOR PHOTOGRAPHIC RECORD- - PROPOSED UNDERGROUND DRAINAGE EASEMENT • • , ; TRACT NO. 7683 I ; I is1 i 1 . 1 I 1 . I 1 Ia ` . �Sa• Dafell CONSISTING OF TWO SHEETS M L _.__ .... 1 ...... ......—r... .... 1. : I I 5ECTIOAt, nTION IN-r'nCNr MD. A ,. .•,fT ANL.&VN IOVT TS ,R .< 11,,M DOfM Lot : ., / ..•1- I "I I T� ANU LV/Nrf I / T 'CC LIT Y 7 6 1{ 5 YY 4 ,= 3 ,,r, 2 ��'? i•r„ • al I .1 ;11 I ; CUPCRTINO CALIFORNIA •,�: •I ', I I 1 SCALE /"•40' NOVCM HLR,UB• I1 . 1 1' 1 e. .. y;""1' . \ • i s !___ 7.i... 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No ______. eR __.. _ __ +..p.,f•a p e,...• n...../ r....a,...I. •••••: NO FEE IN ACCORDANCE 8511001 ', WITH 60V CODE 6103 �,� Order No. - REC FEE rat FrL_ AT RLr, , , Escrow or Loan No. MICRO _ ' RECORDING REQUESTED BY LIEN NOT- . C �'�""'d nue J 49 �� 19c ; When Recorded Mail To: SMPF City of Cupertino My Off'-'`'"L fl COrimS • 10300 Torre Avenue 41 PAGE ` Q _ 4 CLt.Lh11z'- " Grum i,( Cupertino, Ca, 95014 J RECORn"-_ SPACE ABOVE THIS LINE FOR REtkJRDER'S USE MAIL TAX STATEMENTS TO: CITY CONVEYANCE DOCUMENTARY TRANSFER TAX$ None (easement) Tax: $ 0 Computed on the consideration or value of property conveyed; Same as above OR City: C.npertinn _ Computed on the consideration or value less liens or encum- bran s remaining at time of sale. / //7—/Cf - //f / 1_ r / L nt _ c/ %� ignature o/ clarant or Agent determining tax- Fir Fame GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY - c Q a hereby GRANT(S) to CITY OF CUPERTINO, a municipal corporation an'-easement' in the City of Cupertino ,State of California, described as County of Santa Clara AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAINAGE FACILITIES TEN (10) FEET IN WIDTH DESCRIBED AS FOLLOWS: • - THE WESTERLY FIVE FEET OF LOT 6, AND THE EASTERLY FIVE FEETfOF LOT 7, AS o SHOWN UPON THAT CERTAIN TRACT MAP ENTITLED "TRACT NO, 7683", FILED FOR Z RECORD MARCH 15, 1985, IN BOOK 540 OF MAPS AT PAGES 32 AND 33,-SANTA CLARA m COUNTY RECORDS OC a /�� CUPERTINO UNION SCHIIQL DISTRICT OF Dated is ct 30 /7.44- SANTA CLARA COUNTY \ STATE OF CALIFORNIA / t /�/-e /% ie..,0 er" COUNTY OF 1 ss. On this O� - day of - - 19,.S,before me, � re the undersign4 Notary Public,pa/9r frappeared / '!It (SE UMC.SEAS id personally known tome EVfl'L.SEA3OLT $ 13 proved to me on the basis of satisfactory evidence _ 2Y PUBLIC-COONGUIFRNIA NTA CLARA COUNTY to be the person(s)whose name(s) - subscribed to the within instrument,and acknowledged that executed it. Commission Expires Mar.7 1988' d WITNESS ,-, c. (This area for official notarial seal) Notary's Signet re MAIL TAX STATEMENTS AS DIRECTED ABOVE D-4 J 441PAGE '703 "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. July 30, 1985, from CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on July 1, 1985, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 7, 1985 By City Clerk City of Cupertino l Citi Of Cupertino •10300 Torre Avenue P.O. Box 580 ' Cupertino, California 95014- _ Cupertino,California 95015 • • - -Telephone: (408) 252-4505 September 24, 1985 • • Mr. George A. Mann • Office of the Recorder 70 West Hedding Street San Jose, CA 95110 • DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows: • Two (2) certified copies of Resolution No., 6673: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Portion of Excess Right-Of-Way at the Northwest Corner of Stelling Road and Stevens Creek Boulevard as Provided in Section 8320 Et Seq. of the Streets and Highways .. , Code of the State of California, Retaining It as a Public Utility Easement" One of the copies enclosed is for fast endorsement. Thank you for your cooperation. Sincerely -- DOROTHY- CORNELIU (/C� CITY CLERK CITY OF CUPERTINO • 'r DC/so encl. • cc: Department of Public Works PA, oit( RETURN TO CITY( OF CUPERTINO 10300 TORRE AVE. 7upERTINO, CA 95014 RESOLUTION NO. 6581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE EXTENSION OF EXISTING AGREEMENT WITH THE CUPERTINO UNION SCHOOL DISTRICT AND AUTHORIZING THE EXECUTION OF MODIFICATION AGREEMENT RELATIVE TO THE PURCHASE OF SCHOOL PROPERTIES FOR TAX PURPOSES WHEREAS, the City and the Cupertino Union School District on April 20, 1984, entered into an "Agreement for Purchase and Sale of Real property" pertaining to the Hoover and Jollyman School sites; and WHEREAS, there has been presented to the City Council a "Modification Agreement" to the original agreement providing for the extension term of agreement and setting forth the precise acreage of purchase by the City; and WHEREAS, the provisions of the proposed modification agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that that Mayor and the City Clerk are hereby authorized to execute the aforementioned "Modification Agreement" in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT T;-_ WITHIN INSTRUMENT IS ATRUE AND CORRECT COP' OF THE ORIGINAL ON FILE IN THIS OFFFIIICCEE. ATTEST /r. - ' - — 79`— CITY CLErs' ' F THE CITY ❑Fi-GPERTINO GY • CIT,- CLERK MODIFICATION OF AGREEMENT This agreement entered into this 3rd day of June 1985 , by and between the CITY OF CUPERTINO ("CITY") and the CUPERTINO UNION SCHOOL DISTRICT ( "DISTRICT") . RECITALS: 1. City and District have previously entered into an agreement dated April 20 , 1984 regarding the Jollyman and Hoover School sites owned by District. 2. Pursuant to said agreement, District sold to City approximately eleven (11) acres of open space land at the Jollyman and Hoover School sites for $185 , 208 per acre. In addition, City was to perform certain work for District in connection with the subdivision of said sites. 3 . Surveys have been completed which document that the land sold by District to City amounts to 11 . 211 acres. 4. City has made two payments to District totaling $1, 500, 000 . 5 . City has performed work pursuant to the agreement and dated April 20, 1984. Additional work is still anticipated. According to the provisions of the agreement dated April 20 , 1984 , these costs were to have been paid to City by District on or before June 1, 1985. 6 . There have been unforeseen delays and predevelopment time constraints which have delayed the anticipated date of lot sales by approximately ten (10) months. Lot sales are now scheduled to be held in early August. 7 . District will not be in a position to pay City for A the cost of work done by City in connection with the subdivision of, said sites until escrow closes on a number of the lot sales . NOW, THEREFORE BE IT HEREBY AGREED AS FOLLOWS: 1. City agrees that theprice to be paid to District for the property acquired by City at the Jollyman and Hoover School sites, totaling 11 .211 acres, shall be $2 , 076,367 of which $1, 500 , 000 has been paid to District by City, leaving a balance due District of $576 , 367 . 2. District acknowledges that City has expended funds to date in performing the subdivision work pursuant to the agreement of April 20 , 1984, and will continue to expend funds exceeding the balance owed to District. District agrees that City may encumber in this amount the five (.5) lots held in a hold agreement pursuant to the agreement dated April 20, 1984 . 3. District agrees that it shall be responsible for the paying of such additional costs. 4. The District shall pay to City all funds owing and unpaid to City pursuant to the agreement dated April 20 , 1984 no later than March 1 , 1986 . CITY CUPER'11 CUPERTINO UNION SCHOOL DISTRICT 4 /4A49/CR—, Attests > Ap o ed- a- / to f. m/and Content: i 1. Cler vl✓/ City A to .r y c. a • 4� 4fijaixo 0 0 POLICY OF TITLE INSURANCE STANDARD COVERAGE, 1973 i \OCIA'rt� Am A TITLE INSURANCE COMPANY OF MINNESOTA Ta Stock Company of Minneapolis,Minnesota SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE COMPANY OF MINNESOTA, a corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: _ I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: S. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof,arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. TITLE INSURANCE COMPANY OF MINNESOTA ,5. ij fi�tltl p •. l: '77 President j=.� •• - j-'d 1 1__ Secretary Countersigned:. /r `x `�// f ATTEST: \-..".v....," 7slr :`a"�`J��i A . By \�.=.ice/.,r�%�.��c-!�% Validating Officer T. I. M. AY" 557456 • CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS 7 -%`, 4'•-:(iii)-the 'amount paid by any governmental action or proceeding,.and (2) in any other act The following terms when used in this policy'_agency 'or instrumentality, if such agency or which in the opinion of the Company may be mean: ., instrumentality is the insured claimant, in acquisi- necessary or desirable to establish the title to the tion of such estate or interest in satisfaction of its estate or interest or the lien of the insured (a) "insured": the insured named in Schedule', -insurance contract or guaranty. mortgage, as insured,including but not limited to A, and, subject to any rights or,defenses the. • executing corrective or other documents. Comp-laity may have had against the named insured, • (bl CONTINUATION OF INSURANCE AF- those who succeed to the interest of such insured TER CONVEYANCE OF TITLE 4, PROOF OR LOSS OR DAMAGE — LIMITA- by operation of law as distinguished from purchase The coverage of this policy shall continue in TION OF ACTION including, but not limitedeto, heirs, distributees, force as of Date of Policy,in favor of an insured so son devisees, survivors, personal representatives, next long as such insured retains an estate or inte�esthi In addition to the notices required under of kin, or corporate or fiduciary successors. The the land, or owns an indebtedness secured by a Paragraph 3(b) of these Conditions and ula- term "insured" also includes (i) the owner of the purchase money mortgage givenbytions,a proof of loss or damage,signed andd ssw000n a purchaser indebtedness secured by the insured mortgage andto by the insured claimant shall be furnished to the each successor in ownership of such indebtedness from such insured,or so long insured shall Company within 90 days after the insured claimant (reserving, however, all rights and defenses as to have liability by reason ofthin 90 suchdaof warranty shall ascertain or determine the facts giving rise to made by such insured in any transfer or convey- any such successor who acquires the indebtedness such loss or damage. Such proof of loss or damage by operation of law as described in the Fust ance of such estate or interest;provided,however, shall describe the defect in,or lien or encumbrance this policy shall not continue in force in favor of on the title, or other matter insured against by this pany would have had against the successor's any purchaser from such insured of either said policy which constitutes the basis of loss or transferor), and further includes (ii) any govern- estate interest or the indebtedness secured by a damage, and, when appropriate, state the basis of mental agency or instrumentality which is an Purchasese money mortgage given to such insured. calculating the amount of such loss or damage. insurer or guarantor under an insurance contract 3. DEFENSE AND PROSECUTION OF AC- - or guaranty insuring or guaranteeing said indebt- TIONS — NOTICE OF CLAIM TO BE GIVEN Should such proof of loss or damage fail to edness, or any part thereof, whether named as an BY AN INSURED CLAIMANT state facts sufficient to enable the Company to insured herein or not, and (iii)-the-parties desig- -ompany,at its owncost and without determine its liability-hereunder, insured claimant) Stip u in paragraph 2(a) of these Conditions and (a) The Cat the written request of Company, shall furnish undue delay, shall provide for the defense of an Stipulations. such additional information as may reasonably be insured• i• litigation to the extent that such (b) "insured claimant": an insured claiming BBga tion involves an alleged defect, ten, encum- necessary to make such determination. loss or damage hereunder. brance or other matter insured against by this No right of action shall accrue to insured .(c) "insured lender": the owner of an insured policy. claimant until 30 days after such proof of loss or mortgage. (b) The insured shall notify the Company •damage shall have been furnished. (d) "insured mortgage": a mortgage shown in promptly in writing (i) in case of any litigation as Failure to furnish such proof of loss or damage Schedule B, the owner of which is named as an set forth in (a)above, (ii) in case knowledge shall shall terminate any liability of the Company under insured in Schedule A. come to an insured hereunder of any claim of title this policy as to such loss or damage. (e) "knowledge": actual knowledge, not con- or interest which is adverse to the title to the estate 5. OPTIONS TO PAY OR OTHERWISE SETTLE structive knowledge or notice which may be or interest or the lien of the insured mortgage, as CLAIMS AND OPTIONS TO PURCHASE IN- imputed to an insured by reason of any public insured,and which might cause loss or damage for DEBTEDNESS records. . which the Company may be liable by virtue of this to "land": the land described, specifically or policy,or(iii)if title to the estate or interest or the The Company shall have the option to pay or by reference in Schedule A, and improvements lien of the insured mortgage,as insured,is rejected otherwise settle for or in the dame of an insured affixed thereto which by law constitute real as unmarketable. If such prompt notice shall not claimant any claim insured against,or to terminate property; provided, however,the term"land"does be given to the Company, then as to such insured all liability and obligations of the Company here not include any area excluded by Paragraph No.6 all liability of the Company shall cease and under by paying or tendering payment of the of Part I of Schedule B of this Policy terminate in regard to the matter or matters for amount of insurance under this policy together (g) "mortgage mortgage, deed of trust, trust which such prompt notice is required; provided, with any •costs, attorneys' fees and expenses deed,or other security instrument, however, that failure to notify shall in no case incurred up to the time of such payment or tender , prejudice the rights of any such insured under this of payment by the insured claimant and authorized (h) "public records": those records which by policy unless the Company shall be prejudiced by by the Company. In case loss or damage is claimed law impart constructive notice of matters relating such failure and then only to the extent of such under this policy by the owner of the indebtedness to the land. prejudice. secured by the insured mortgage, the Company 2. (a) CONTINUATION OF INSURANCE AF- (c) The Company shall have the right at its shall have the further option to purchase such TER ACQUISITION OF TITLE BY INSURED own cost to institute and without undue delay indebtedness for the amount owing thereon to- LENDER prosecute any action or proceeding or to do any tether with all costs,attorneys' fees and expenses other act which in its opinion may be necessary or which the Company is obligated hereunder to pay. It this policy insures the owner of the indebted- desirable to establish the title to the estate or If the Company offers to purchase said indebted- ness secured by the insured mortgage, this policy interest or the lien of the insured mortgage, as ness as herein provided, the owner of such in- shall continue in force as of Date of Policy in favor insured; and the Company may take any appro- debtedness shall transfer and assign said indebted- of such insured who acquires all or any part of the priate action, whether or not it shall be liable ness and the mortgage and any collateral securing estate or interest in the land described in Schedule under the terms of this policy, and shall not the same to the Company upon payment therefor A by foreclosure, trustee's sale, conveyance in lieu thereby concede liability or waive any provision of as herein provided.Upon suchdffer being made by of foreclosure, or other legal manner which dis- this policy. the Company, all liability and obligations of the charges the lien of the insured mortgage, and if Company hereunder to the owner of the indebted- such insured is a corporation, its transferee of the (d) Whenever the Company shall have brought ness secured by said insured mortgage,other than estate or interest so acquired, provided the trans- any action or interposed a defense as required or the obligation to purchase said indebtedness pur- ferce is the parent or wholly owned subsidiary of permitted by the provisions of this potty, lire suant to this paragraph,are terminated. such insured; and in favor of any governmental Company may pursue any such litigation to final agency or instrumentality which acquires all or any determination by a court of competent jurisdiction 6. DETERMINATION AND PAYMENT OF LOSS part of the estate or interest pursuant to a contract a•nd expressly reserves the right, in its sole discre- (a) The liability of the Company under this of insurance or guaranty insuring or guaranteeing tion, to appeal from any adverse judgment or policy shall in no case exceed the least of: indebtedness secured by the insured montage, order. After any such acquisition the amount of insurance (e) In all cases where this policy permits or (i) the actual loss of the insured claimant;or hereunder, exclusive of costs, attorneys' fees and requires the Company to prosecute or provide for (ii) the amount of insurance stated in Schedule expenses which the Company may be obligated to the defense of any action or proceeding, the A, or, if applicable, the amount of insurance as pay,shall not exceed the least of: insured hereunder shall secure to the Company the defined in paragraph 2(a)hereof;or (i) the amount of insurance stated in Schedule right to so prosecute or provide defense in such (iii) if this policy insures the owner of the A; action or proceeding, and all appeals therein,and indebtedness secured by the insured mortgage,and (ii) the amount of the unpaid of the permit the Company to use,at its option,the name 'provided said owner is the insured claimant, the hplus interestothunptheraid principalapof the of such insured for such purpose. Whenever amount of the unpaid principal of said indebted- indebtednessunder paragraph 6(a)(iii) hereof,expenses-of fore- requested by the Company, such insured shall give ness, plus interest thereon, provided such amount ndand amounts advanced to penset the tliore- the Company, at the Company's expense, all shall not include any additional principal indebted- closureo( the insured mortgage and secured by said reasonable aid (1)in any such action or proceeding ness created subsequent to Date of Policy, except insured mortgage at the time of acquisition of such in effecting settlement, securing evidence, obtain- as to amounts advanced to protect the lien of the estate or interest in the land;or ing witnesses, or prosecuting or defending such insured mortgage and secured thereby: . f SCHEDULE A CLTA Standard Coverage - 1973 Policy No: AY 557456 Order No: 141379 Amount of Insurance: $ 1,500,000 . 00 Date of Policy: March 3, 1985 at 8 :00 a.m. Premium: $ 2 ,675 .00 I. Name of Insured: CITY OF CUPERTINO, a municipal corporation 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF CUPERTINO, a municipal corporation 3. The estate or interest in-the land described herein and which is covered by this policy is a fee: SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A. or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. (Continued) CLTA Standard Coverage— 1973 SCHEDULE B (Continued) 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. • 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. PART II 1. The lien of supplemental taxes , if any, assessed pursuant to the provisions of Section 75 , et. seq. of the Revenue and Taxation Code of the State of California. 2. Possible unrecorded easement extending across said land in an Easterly direction from Stelling Road fortelephone lines , electric lines and water pipe lines , as disclosed by Deed executed by William Jollyman, a single man, et al , to C. D. Oldfield, et ux, dated September 23, 1948 and recorded September 24, 1948 in Book 1681 of Official Records, page 16 , and by Pacific Gas and Electric Co. Job No. 215-125-A. (Pcl 2) 3. Proposed Relocation of Regnart Creek as shown on a Record of Survey map filed April 14, 1961 in Book 131 of Maps , page 36 . (Pcl 2) 4. An easement For : Installation and maintenance of a covered storm drain In favor of : Santa Clara County Flood Control and Water Conservation District Recorded : October 13, 1961 in Book 5327 of Official Records , page 599 , and as shown on said Map. Affects : Said land . (Pcl 2) CLTA Standard Coverage— 1973 PART II(Continued) 5. An easement For : storm sewer pipe line In favor of : City of San Jose Recorded : March 7 , 1967 in Book 7658 of Official Records , page 548 , and as shown on said Map. Affects : the Northerly 10 feet and Easterly 10 feet of the Northerly 138.61 feet (Pc]. 1) 6. An easement shown or dedicated on the filed Map. For : Public Utilities Easement Affects : The Easterly 5 feet of the Southerly 216. 13 feet (Pal 1) • • CLTA Standard Coverage— 1973 SCHEDULE C The land referred to in this policy is situated in the County of Santa Clara, City of Cupertino State of California, and is described as follows: PARCEL ONE: LOT 28 , as shown on that certain Map entitled , "Tract No. 7682, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 15, 1985 in Book 540 of Maps, at page (s) 30 and 31. PARCEL TWO: LOT 20 , as shown on' that certain Map entitled , "Tract No. • 7683" , which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 15 , 1985 in Book 540 of Maps , at page(s) 32 and 33. T 540-30-28 T 540-32-20 3/15/85 cj NOTICE: Thus h 'lager a pial Aor a suray. ft is turnidrad merely as a convenience to aid you In locating the lend indicated hereon-with reference to streets and other land. No liability is assumed by reason of any reliance horse. RAcJ" Na� 12592 1 5.: 1/5 MAPS `� 2 I TRACTNCZ 7681 0 l i 57 • 56 55 I 54 1' 53 I 52 I 51 I 50 49 48 47. 46 1, • ' --it -.•IMIYI ---1- I I I CaVJalT/Na OF Two SNFETJ I ------- {. • - l l i A!/NI A soar/ON OF.lLC7/opo !I. \//vN PIMAI ..d - I� .____41 __— 1_____;-____-� I ---- :Pill.+h w Z. �T7ONN.lN/P 1. •robTN,RANOi L WL37,r 0110L0 OASE AND ACERID/AN. 10e� �` ANONLY/NG W/TN/H INS C/TY OF • -rw' If v Rii141 I 3CUPERT/NOGLIFORNIAPARCEL SCALE:!"•60 OCTOOER/9SL ASTER COOR7 `sus - -�' /-� " :� ii LEEQf AVENUEr,.+ 6• • .....4.. • i OASIS OF BEAR/NGS `• 24 '� R. 1 - T pa OCK/NG NM•a/YO'Na/TYL CFNTSaLIWS OF gam int Z4 fa• \r ,PJ r �, /IrIMANI N4✓.AS.1.161rM ON PIA MAP N 4'O ., tv r.� ; LEE 1 c'_ )PACT Ab CL,L.l'COEDGD Al IOON//e OflMJfl C 9 1 545 $ r v.-.t •°•J !j- 7 j AT w.fa S.sWTA CLARA co MT'S$CO4O1 f ..- ` 'rr,4.., , .,al• f• I 1 AKT )AKON AS TMF PAS/5 OF AfA4/MOO AOL 1 ..w� s .r r! f 1 �� /e I Z TANS AME t_--- c i '.. s:•!'9-rl fli 25 Yl 1 1 i __ • �No K+_-_ Vit% 11 7L ifl mfr' _.r o_____t____ \` Q 6 \ e; 4t +; 2'+ s Fz l I p 2EGENO < NOTES ------ .. %• F • • ` I O • STANDARD CIT✓ LNNOMSNT/OONO l: ' =- I. •• .' r LS /1I • 57440410 COY .a WMN,NT YT 4 I • B.maw/MP FOONO Ol l\IS ra .,yr!• I C I • • lb-IRONPIPC SETUNLCSS NOTEDOTNERWIPE ---_—_— cl -- •=AN•LE POINT CV YL, i1 S1 •••' 1i 1T \' • 1 i —DNTINCTIVE SODDEN it• wu 2 'Cr lb S . "•- ru.d L -- RUE. PUBLIC UTILITY EASEMENT BK 3 it ifl aaa•a 3 RONEBAL.OAIVE ' �- -o w 4 a; S fO•„.j c„' el Jf 1 l a • • I ALL DNTAUCTJ AMP O/MENS/ONS ASS a/VLN 3 l tI w O 1 •'` ,WFssT DUO OFCIM4LS TNLWEOc - Ln r` ----+--------- TVs SLOT 004DCR LAVE/Vo/CATLS TNS Q 3 arra-. s -.:.:r-- `O'' 1,y(o�:,• �: •E L•osar L .> tir .. a •L jle - tyL______ 'L.C Opa/MM4✓N LAND JOeomolO BV TNq/MP 1\ 1 . k r Ir I AVO[ONTADU Mto C. —_—~ ,'.. • �•- -4"0 ''L ga ! , P A'Oa ISFORT ANO/OClsOLCOICAL REPORT � • _ I,/ OV pN/1 FSOMRTV NAS Mil/PR!/4410 I✓ \ \ - 1 •� �a ''•”' \1 14 IC 1y ACCCMS sem MCCNANICr.INC.awi[D \ Z 'S �' • 11 \7 lfl •1 DECCMe[R.13BL si LIC \ O\ \ !s a? s .� i. \ to •w-r'`.. —t— --I iiF \\\ ?\ \ / I �' f .re'es • 1 1 e 5 R \ 933 r ', \\ \ I�,.... w.'• S •i t {: 9 94 k '1`i j 1 straw rS al . \ \ . I w al - -a I i •\ c \\ wawa.-i e ' is ' i= 6 ai _ .-,.. . . c F•LAce- 1 `y¢ t Holl-,.nth: .en'v . a41 e. I _ '-e'h9l w 1 + / n L,nte.a m...y. ,LI.da Yq. e At .0 e'___ u.0 � NJN \ r,:,...2 i L.d:nfb•��d l.m.n.in.d.m„. \ LNR"NAR •• . -_ 1 �I .I,a,,,,..1 r ,... l T } V"N/---- :�”/�'( I \ 6 ami..„ Ne.,'''' i umJ saMMTima �? 38 �7---"" ___-- 1 ---1_---T----1 i------ f 29 TNgET1 30 �� + 32 154 139 1 34 35 36 37 1 i Salic7 S•r.�• 4 BK7.4 222 Nq.-S p4. /S - SA awL L��I R/A 973 7,1 Ai /61.—S Fit.O epos—*ton,nes,_l—_ war INR a/WO Stalls 3/ -a (b) The Company will pay, in addition to any 9. LIABILITY NONCUMULATIVE the Company. If requested by the Company, the loss insured against by this policy, all costs insured shall execute any and all documents to imposed upon an insured in litigation carried on by It is expressly understood that the amount of evidence the within subrogation. If the payment the for such and all costs, insurance under this policy, as to the insured does not cover the loss of such insured claimant, attorneys'heCompany expenses ininsured, ad carried on owner of the estate or interest covered by this the Company shall be. subrogated to such rights such 'nf feesa and with the writtenlitigation authorizationareof policy, shall be reduced by any amount the and remedies in thee. proportion which said pay- bythe Company. Company may.pay under any policy insuring(a)a ment bears to the amount of said loss, but such - • mortgage shown or referred to in Schedule B subrogation shall be in subordination to an insured (c) When the amount of loss or damage has hereof which is a lien on the estate or interest mortgage. If loss should result from any act of such been definitely fixed in accordance with the covered by this policy, or (b)a mortgage hereafter insured claimant, such act shall not void this conditions of this policy, the loss or damage shall executed by an insured which is a charge or lien on policy, but the Company, in that event,shall as to be payable within 30 days thereafter. the estate or interest described or referred to in such insured claimant be required to pay only that 7. LIMITATION OF LIABILITY Schedule A, and the amount so paid shall bepart of any losses insured against hereunder which deemed a payment under this policy. The Com- shall exceed the amount, if any, lost to the No claim shall arise or be maintainable under pany shall have the option to apply to the payment Company by reason of the impairment of the right this policy (a) if the Company, after having of any such mortgage any amount that otherwise of subrogation. received notice of an alleged defect, lien or would be payable hereunder to the insured owner encumbrance insured against hereunder, by litiga- of the estate or interest covered by this policy and 11. LIABILITY LIMITED TO THIS POLICY tion or otherwise, removes such defect, lien or the amount so paid shall be deemed a payment This instrument together with all endorsements encumbrance or establishes the title, or the lien of under this policy to said insured owner. and other instruments, if any,attached hereto by the insured mortgage, as insured, within a reason- The provisions of this paragraph 9 shall not the Company is the entire policy and contract able time after receipt of such notice; (b) in the apply to an owner of the indebtedness secured by between the insured and the Company. event of litigation until there has been a final the insured mortgage, unless such insured acquires Any claim of loss or damage, whether or not determination by a court of competent jurisdic- title to said estate or interest in satisfaction of said based on negligence, and which arises out of the tion, and disposition of all appeals therefrom, indebtedness or any part thereof. status of the lien of the insured mortgage or of the adverse to the titleor to the lien of the insured mortgage, as insured, as provided in paragraph 3 title to the estate or interest covered hereby, or hereof; or (c) for liability voluntarily admitted or 10. SUBROGATION UPON PAYMENT OR SET- any action asserting such claim, shall be restricted assumed by an insured without prior written TLEMENT to the provisions and conditions and stipulations of consent of the Company. this policy. Whenever the Company shall have paid or No amendment of or endorsement to this settled a claim under this policy, all right of policy can be made except by writing endorsed 8. REDUCTION OF INSURANCE; TERMIN- subrogation shall vest in the Company unaffected hereon or attached hereto signed by either the ATION OF LIABILITY by any act of the insured claimant,except that the President, a Vice President, the Secretary, an owner of the indebtedness secured by the insured Assistant Secretary, or validating officer or auth- AII payments under this policy, except pay- mortgage may release or substitute the personal orized signatory of the Company. ment made for costs, attorneys'fees and expenses, liability of any debtor or guarantor, or extend or shall reduce the amount of the insurance pro tanto; otherwise modify the terms of payment,or release No payment shall be made without producing provided, however, if the owner of the indebted- a portion of the estate or interest from the lien of this policy for endorsement of such payment ness secured by the insured mortgage is an insured the insured mortgage; or release any collateral unless the policy be lost or destroyed, in which hereunder, then such payments, prior to thesecurity for the indebtedness, provided such act case proof of such loss or destruction shall be acquisition of title to said estate or interest as occurs prior to receipt of such insured of notice of- furnished to the satisfaction of the Company. provided in paragraph 2(a)of these Conditions and any claim of title or interest adverse to the title to Stipulations,shall not reduce pro tanto the amount the estate or interest or the priority of the lien of 12. NOTICES,WHERE SENT of the insurance afforded hereunder as to any such the insured mortgage and does not result in any All notices required to be given the Company insured, except to the extent that such payments loss of priority of the lien of the insured mortgage. and any statement in writing required to be reduce the amount of the indebtedness secured by The Company shall be subrogated to and be furnished the Company shall be addressed to it such mortgage. entitled to all rights and remedies which such at the office which issued this policy or to its Payment in full by any person or voluntary insured claimant would have had against any Home Office, Minneapolis, Minnesota. satisfaction or release of the insured mortgageshall person or property in respect to such claim had terminate all liability of the Company to an this policy not been issued, and the Company is 13. THE CHARGE SPECIFIED IN SCHEDULE A insured owner of the indebtedness secured by the hereby authorized and empowered to sue, com- IS THE ENTIRE CHARGE FOR TITLE insured mortgage,except as provided in paragraph promise or settle in its name or in the name of the SEARCH, TITLE EXAMINATION AND 2(a)hereof. insured to the full extent of the loss sustained by TITLE INSURANCE. 4�N�� s tea) o2 " " TITLE INSURANCE POLICY POLICY OF TITLE INSURANCE STANDARD COVERAGE, 1973 Issued through the office of F'SANTA � R�GL�e enry A COUNTY MAIN OFFICE 1975 HAMILTON AVENUE SAN JOSE,CALIFORNIA 95125 t . 48•1111arairai emi 4k t . .. se- amoi,,,Val szo .. -f, •se s 11) t TITLE INSURANCE COMPANY OF MINNESOTA Home Office: 400-2nd Ave.So.,Minneapolis,Minn.55401 • • • RESOLUTION NO. 6506 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANANGER AND THE CITY ENGINEER -TO EXECUTE IMPROVEMENT AGREEMENTS WITH VARIOUS UTILITIES FOR WORK AT JOLLYMAN AND HOOVER SUBDIVISIONS WHEREAS, the Agreement between the Cupertino Union School District and the City requires the City to contract with various utilities for their work on Jollyman and Hoover subdivisions; and WHEREAS, the execution of agreements will randomly occur; and WHEREAS, the City would like to process these agreements as ex- peditiously as possible; NOW, THEREFORE, BE. IT RESOLVED that the City Manager and the City Engineer are hereby authorized, in behalf of the City of Cupertino, to execute improvement agreements with various utilities for work at the Jollyman and Hoover subdivisions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of February , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks Johnson NOES: None • ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Allison Villarante /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino v . 1 AGREEMENT TO CONSTRUCT CABLE ANTENNA TELEVISION 'SYSTEM • AGREEMENT between GILL INDUSTRIES, a - California Corporation , (hereinafter/I -& referred to as "Gill" ) and d 4k- (74Lpor4 V 3 (hereinafter referred to as "Builder") . RECITALS WHEREAS , Gill holds a non-exclusive franchise to operate and carry on within the Cities of San Jose and Campbell , and the County of Santa Clara the business of distributing television signals and radio signals to persons within the franchise areas; and WHEREAS, Builder is in the process of constructing dwelling units on real property described herein , and desires to have Gill install cable television service for use by the purchasers of Builder 's units; NOW, THEREFORE, it is mutually agreed as follows : 1 . Gill shall install a 24 channel community antenna system including all amplifiers, power supplies , pedestals , cables , connectors , risers and terminals and other appurtenances ( the " facilities" ) in above ground enclosures for the purpose of distributing television and radio signals to dwelling units being constructed, or to be constructed , by Builder on and in a parcel of land situated in the City Of e:10/W NM®, County of Santa Clara, State of California, commonly known as tract #r!/,a3 (the " tract" ) , and more particularly described in Exhibit A attached hereto and made a part hereof. • 2. Builder grants Gill a right of way for said facilities together with the right at all times of ingress to and egress from said facilities for the purpose of installation , maintenance, replacement, removal and repair of the same over , across , upon and under said parcel of land . 1 y , 3. Gill shall maintain all facilities installed by it in good condition and repair sufficient to provide • quality reception . 4 . Gill shall , conform to the applicable City . and County laws and regulations to pursuant to applicable orders of the Public Utility Commission of theState of California in the placement of its facilities . Gill shall also coordinate the underground placement of its facilities with similar undergrounding activities of Pacific Gas and Electric Company and The Pacific Telephone and Telegragh Company. 5 . . If Builder ,has not commenced 'utility trenching work on said tract within 150 days from date of this cot- tract , Gill reserves the right to terminate this contract . 6 . Builders agrees ( a) to wire each dwelling unit with dual coaxial cable as shown on Exhibit B attach- ed hereto and made a part thereof for ( 2 ) outlets ; ( b ) to install either a foundation chase or conduit and external splice box provided by Gill• in a manner shown on Exhibit B ; ( c ) to provide for space and •foundation chases in mul- tiple complexes as shown in Exhibit C ; ( d ) to provide and install a 2" x 4 " plaster ring and wall plate as shown on Exhibit D at each of the two ( 2 ) outlet - location in each dwelling unit as determined by the Builder and agreed upon by Gill . 7 . Builder. shall be obligated , at its ' expense , to provide the necessary trenching to allow installation of . underground cable , provided, however, that :the normal cost of the cable and the installation thereof shall be borne by Gill . 8. Builder agrees to cooperate with Gill in recovering the reasonable costs of repair or replacement of the items specified in paragraghs 1 and 7 hereof which -may be damaged , lost or destroyed by Builder or its subcontrac- tors . • y) 8 . Builder agrees to cooperate with Gill in recovering the reasonable costs of repair or replacement of the items specified in paragraph 1 and 7 hereof which may be • damaged, lost or destroyed by Builder or its subcontractors. 9 ,.._..____Gill shall construct the system and not delay except for acts of God or the Government, or except for delays due to any other causes beyond the control of • Gill , including,, but not limited to , acts or omissions of Builder (including acts or omissions of Builder 's suppliers or other contractors) , riots, • insurrections or. other public disturbances , strikes, fire, flood, windstorm, inclement weather, or earthquakes; provided, however, that such event directly affects construction of the system. In the event Gill is delayed by any of said causes , then Gill shall promptly notify Builder in writing and, in addition to any other rights Gill may have at law or under this agreement, Gill shall be entitled to a reasonable extension in the time or times by which Gill is td complete any phase of the system pursuant to the conditions as set forth herein. . 10. Gill may not assign its contractual obliga tions herein without prior consent or approval of Builder . However , said consent shall not be unreasonably withheld . 11. This agreement shall inure to the benefit of and be binding upon the succesors and assigns of the parties hereto. r .,. DATED: April 19, 1985 DATED: 4° Builder : City of Cupertino GILL CABLE, INC. BY �A)Q /• / .' I- • BY a({ . .iAIt:,t t .yn �} over Title: Mayor Pro-Tempore Title: Manaer/Ne - Development - — -- -- - ATTEST:--------- --- —Approved as to fo • City Attothey i `y Clerk ,6 ,el-3- • EXHIBIT "A" • DESCRIPTION Nineteen units located at Dumas et al. as shown on that certain MAP entitled tract #`M which was filed for record in the office of the Recorder of Santa Clara County , State of California on March. 15,1985in Book 540 of Maps at pages 32 and 33 • RESOLUTION NO. 6477 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 7682, HOOVER SCHOOL SITE ON BARNHART STREET; DEVELOPER, CITY OF CUPERTINO, AND AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL MAP WHEREAS, there has been presented to the City Council for approval and for authorization to record the final map of Tract No. 7682 located on Barnhart Street by the City of Cupertino; WHEREAS, the City and the Cupertino Union School District are owners of the property subject to this subdivision. NOW, THEREFORE, BE IT RESOLVED, that said final map of Tract No. 7682 is hereby approved; and the City Engineer is hereby authorized to sign said final map. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the map in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of January, 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Phil N. Johnson • Mayor, City of Cupertino • ATTEST: /s/ Dorothy Cornelius City Clerk RESOLUTION NO. 6478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 7683, JOLLYMAN SCHOOL SITE, DUMAS DRIVE; DEVELOPER, CITY OF CUPERTINO, AND AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL MAP WHEREAS, there has been presented to the City Council for approval and for authorization to record the final map of Tract No. 7683 located on Dumas Drive by the City of Cupertino; WHEREAS, the City and the Cupertino Union School District are owners of the property subject to this subdivision. NOW, THEREFORE, BE IT RESOLVED, that said final map of Tract No. 7683 is hereby approved; and the City Engineer is hereby authorized to sign said final map. • BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the map in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of January, 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson ' NOES: None ABSENT: None ABSTAIN: None • • APPROVED: /s/ Phil N. Johnson _ • Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk • RESOLUTION N0. 6494 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM THE CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY FOR PROPERTY LOCATED AT JOLLYMAN AND HOOVER SCHOOL SITES WHEREAS, the -Cupertino Union School District of Santa Clara County, which acquired title as "Cupertino School District of Santa Clara County", has executed a grant deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, .the fee title to certain real property, situate in the City of Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of approxi- mately 11.211 acres, located: 6.157 acre parcel being west of De La Farge Drive at the Jollyman School Site; 5.057 acre parcel being west of Donegal Drive at the Hoover School Site. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered, and IT IS FURTHER RESOLVED that the City Clerk be and she is hereby authorized to deliver this acceptance to the California Land Title Company for recordation with the Deed in accordance with existing escrow instructions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February_' 1985, by the following vote: . Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None • ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius 1c/ Ph; l N. ohnson _ City Clerk Mayor, City of Cupertino 001.0D/1,D 9787-1 10-9-84 E. T. Rev . 1/14/85 DESCRIPTION • Lands of Cupertino Union School District ( Hoover ) to be Conveyed to the City of Cupertino for Park Purposes All that certain real property situate in the City of Cupertino , County of Santa Clara, State of California, being more particularly described as follows : BEGINNING at an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in Book 115 of Maps at page 2, Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No . 2592, S00°03 ' 17"E 138. 72 feet to a point in a line . parallel with and distant, Northerly, 19 .00 feet, measured at right angles , from the centerline of Leeds Avenue, as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of; said parallel line, S89°58 ' 10"W 4 . 99 feet ; thence leaving said parallel line, Westerly and Southerly, the following courses : along a tangent curve to the left with a radius of 319 . 00 feet through a central angle of 16°26 ' 10" for an arc length of 91 . 51 feet ; S73° 32 'W 206 . 68 feet ; along a tangent curve to the right with a radius of 281 . 00 feet through a central angle of 16° 26 ' 10" for an arc length of 80 . 61 feet ; S89°58 ' l0"W 4 . 42 feet; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 128°22 ' 35" for an arc length of 100 . 83 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet ; SOD°01150"E 163. 84 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 .07 feet . to a Point of Reverse Curvature ; along a tangent curve to the left with a radius of 45 .00. feet through a central angle of 55°51 ' 14" for an arc length of 43 . 87 feet ; S00°01' 50"E 216. 13 feet to the intersection thereof tiith a line which , is parallel and distant , 30. 00 feet, Northerly df the monument line of BARNHART PLACE, as shown on• Tract ! No.' 4254 , a map of which was filed for record in Book 222 ' of' . Maps ' ' at page 15, Santa Clara County Records ; thence, Westerly, along said parallel line , N85°57 ' 14"W 195 . 28 feet , more or • ;.18sy ?;to a point in a Easterly line of said Tract No . 4254 ; thence tii;4 along' ` said ; Easterly line, N00°07 '59"W 708 . 70 feet to the ,li'prS.,'4intersection thereof with a Southerly ' line of said Tract No. 2592; .,;.0 :.:=:40i thence leaving said Easterly line of Tract No. 4254 , Easterly , along "'t;�;` aid Southerly line of Tract No. 2592, N89°30 ' 32"E 639 . 10 feet to • ' the POINT OF BEGINNING. Containing 5. 054 acres of land, more or less . • Prepared by the firm of MACKAY 6 SOMPS San Jose . California 0012D/LD 9786-1 10-17-84 • E.T. DESCRIPTLON Lands of Cupertino Union School District to be Conveyed to the City of Cupertino All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of that _certain 11.184 acre parcel of land, as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page. 36, Santa Clara County Records, and being more particularly described as follows: BEGINNING at an angle point in the general Westerly line of above said 11.184 acre parcel, said point being alsd the Southeasterly corner of, that certain 3.2 acre parcel of land described in a GRANT DEED from Alice Jollyman, et al, to Hugh Phillips, et al, and recorded in Book 1652 Official Records at Page 213, Santa Clara County Records; thence from said POINT OF BEGINNING, along the Southerly prolongation of the Easterly line of said 3.2 acre parcel the following courses: South 132.05 feet, along a tangent curve to the right with a radius of 42.00 feet through a central angle of 19°52'06" for an arc length of 14.56 feet to a POINT OF REVERSE CURVATURE, along a curve to the left with a radius of 42.00 feet through a central angle of 129°44'12" for an arc length of, 95.10 feet to . a POINT OF REVERSE CURVATURE, along a curve to the right with a radius of 42.00 feet through a central angle of 19°52'06" for an arc length of 14.56 feet, East 318.32 feet, along a curve to the right with a radius of 20.00 feet through a central angle of 76°04'13" for and arc length of 26.55 feet to a POINT OF REVERSE CURVATURE and a point in the Westerly line of that certain parcel of land as described in a GRANT DEED to the City of San Jose, a municipal corporation, for street purposes and recorded October 5, 1965 in Book 7128 of Official Records at pages 42 and 43, Santa Clara County Records; thence along last said Westerly line, Southerly, the following courses; along a curve to the left with a radius of 65.00 feet through acentral angle of 21°49'48" for an arc length of 24.77 feet to a POINT OF REVERSE CURVATURE; along a curve to the' right with a radius of 15.00 feet through a central angle of 35°45'35" for an arc length of 9.36 feet;, South 163.23 feet; along a tangent curve to the left with a radius of 65.00 feet through a central angle of 39°48'00" for an arc length of 45.15 feet to a point in the general Northerly line of Parcel 3, as said parcel is described in that certain GRANT DEED from the Cupertino Union School District to Claude T.' Lindsay, Inc., recorded February 21, 1962 in Book 5474 of Official Records Page 606, Santa Clara County Records; thence leaving said Westerly line, along last said general Northerly line 550°12'00"W 36.56 feet to the Westerly line of last said deed; thence Southerly, along the Westerly line of said deed, South 101.75 feet to a point in the Northerly line of Tract No. 2483, a map of which was filed for record in Book 112 of Maps at page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°5S-'00"W 599.52 feet to the intersection thereof with the Northeasterly line of Tuscany Place, as shown on Tract No. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14., Santa , Clara Count Records;• thence leaving said Westerly prolongation, along the Northwesterly prolongation of said Northeasterly line of Tuscany Place • the following courses: N43°01'37"W 28.06 feet, along a tangent curve to the right with a radius of 24.00 feet through a central angle of 52°01'12" for an arc length of 21.79 feet to a POINT OF REVERSE CURVATURE; along a curve to the left with a radius of 28.00 feet through a central angle of 52°01'12" for an arc length of 25.42 feet; N43°01137"W 24.73 feet to a point in the general Westerly line of said Record of Survey; thence along the general Westerly line of said Record of Survey the following courses: N50°11'11"E 164.77 feet; North 74.00 feet; West 96.14 feet; North 312.00 feet and East 215.04 feet to the POINT OF BEGINNING of this description. Containing 6.157 acres of land, more or less. Prepared by the firm of MACKAY 6 SOMPS San Jose, California . . —. . . •. t,:.'t .-- .V.t'5 7z.• - , . ! • , • . • , • . F a ,Arl . .. — : ..,.::: : ..,3 : 5.2 ! 5 5-0 .d9 4'7. 4c • CO. -TING oF TWO$ '..-TS - s ,....r an4x 41-45”,EA/T ; • 4 --- ---., - ASTER COURT" nci .• • --1 7-"f .. -,.... •; . -- 4.12.8 ./ • / 1,- x • • . ..,;., :,, . ev ocii47-44-wilrikwiii•:-77.5ED-------, n• 4—,. ..17:175:“n''' . se lend oa A.c,SAI - • .... , 1S4 . . .. c.: 4 LEEDS .f5vsAlucT ' : BC A sicROFTe/A.I(AO R I A I a sCAL •R Ar/I A ,.. .....„„43. i. .,.-..., b, 2 ..5 , -'7:;:t.\-- - • .. . .. '.4.12/- — I: 27 , s -, , ---- - . . , , • _, , I • . 1 1 . , q - OC TO- 482 7.,5 EL ARl.t.6 Nero so fry ar nit'CE1,17ERZIVE CF „,„/„A, wa,.AS sh,,,,a, ,,,,,,MA,O,.. TrAcT ND Ws RECaROSD fit Book 115 Dr mAPE AT PAGE ISA//TA CLARA eay.v71,RECORCS i.v.4.5 TAR.E,I 45 THE OASIS Of SEAR/mos I.r,,z. 7e 1:: 25 :5.7-. '' -\ 26 \I. . . : n N •-- LEGEND et A/OrES n '•. I .... . .1 I. . ;.! t STANDARD en., AuhrUmENT ciLitc.: t , ...., . . ., go ii I : . srAI,O.0,0 CITY MON,In,IE7,7 SEr i 1 : n AwCif eomer PDS' PueLif UTIL:I71SSS vs yr -.1. lb --: ‘• ---' .7 1 I 0 20 sryS A&C AISVSJOAV ARS1 4 : 11 t A \..'"-T‘ •,. .% DONEGAL. OR ivE .... . ....bit ,- 7 --:' • a •: "''''..- .C.: eS .7J .11/(1 , ... rg ....FEET J4.0 DEC1,4L5 THEREOF --- 1: • grit ri',;,:r•;:!..Y. 14. .c..C7 .'' r..E SLUE SOROS);L.WE INDICATES IHE;: . e0z/k/DARY Of LINO StteDIVitlE0 5r 77415 A.IA IP i 5 on Re pcn 4,,,,,/,,,,,,,,,,,,AL,0.0,, It • _ ...... I C W THIS PROPERTY”AS .9Z-EN PREPARED eV `,. ikl v. a . 0 . 1 . . - .. : 0 k . 1k .: I Z ------- .. 7 8 9 .. ID • : I I ‘,....r-I-c"-- • I S. ‘ \ %. • . ... -, \ '‘ 4 . • . . , , • , % 1 ; . 1.. 4... 3 •c' ,..±...--. -::--- ., ,: •-•:, . 7 i' 4 ; 5 e\ .- pL AT TO ACCOMPANY DESCRIPTION jar. _ 64.q...1.01AR 7- •-x..),,,,-• ' ..„.....-- , ..,-- 1 4 , LANDS OF CUPERTINO SCHOOL DisTRIC1- . t TO EIC convevsoronic CiTY oF .1 '-.,_--__. __ - 77:7-7----- --- ,T— ff--,- :.-55T.-•''':,,--- •! : , ciii i CL IPER1-I NO FOR PARK pUPPOSCE OCTOBER i9Ed • I V , -.., •- 7 WtacR'cur& Sonolii. - s.-1'$' --?.:i F OWLINCIArrifts - . - • • . SAW JOSE, CAL/PCR/AA—.5'..” _SS-1-- fie- -., ;,,+IV° .s.”Ens • 9757-/ • . . . \ • . . • ., ' .., . . . . - flt ri 1---I:..--k.14.-"r_=.11:21-T:I_JI It II,L:ii-1 _- —__ . ._ . _ . . . i. • . • .• . . . • J ' . . _ • ":'..-b\\' '''P411-i iii.st:t110--77;:ii zr:,..1 :: • ... . • - . St..LL sue.e..c -70.1..1 i . .4-;7C14:,:t '.:r\1'-'—''; . • . . ' . , 1 .4 ja•th V.!". '1;111. . ; . . . ca '4'./el: :til . 1.;' . . ,' ' . ' n : • 4'.-1 ' . .( ''kr.rt:7. -': rl: 1 . 3--'rr. 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'7X4eRlui & SOws,A4 . . civit EPIGPNEERS . . i .....3.a a..4.0,. _ . ...••, . • --. ,C2/00. 1,,,.,,,,_OCt rid( 1 a.._y_itit • . . . . - . • • RESOLUTION NO. 6495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR REAL PROPERTY, QUITCLAIMING TO THE CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY OF APPROXIMATELY 11.204 ACRES TOTAL, AT JOLLYMAN AND HOOVER SCHOOL SITES WHEREAS, the City of Cupertino and the Cupertino Union School ' District of santa Clara County have executed an agreement for the purchase of real property at Jollyman and Hoover School sites; and WHEREAS, the agreement requires an adjustment in the amount of land to be purchased for the Cupertino Union School District of Santa Clara County; and WHEREAS, pursuant to said agreement, changes in the descriptions require that a grant deed to the City be corrected to correspond with the final map for both Jollyman and Ho over sites, as more particularly described in Exhibits "A" and "B" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are authorized to execute the Quitclaim Deed, and the city is authorized to deliver the deed to California Land Title Company for recordation in accordance with existing escrow instructions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino held on the 4th day of February , 1985, by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None • ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/, Phil N. Johnson City Clerk Mayor, City of Cupertino • THIG IS TC.'CERTIFY THAT THE WITHIN • INSTRUMENT'IS A TRUE AND CORRECT COPY CF THE ORIGINAL ON FILE IN THIS OFFICE. • ATTEST 7 19.LL.� CITY CLE- • HE CITY OF C - NO CITY YrERK • • 1516 514 • ' 716b 9786 • 4 -6-84 E. T. DESCRIPTION Lands of Cupertino Union School District t6 he Conveyed to the City of Cupertino All that real property situate in the City of Cupertino, County of Santa Clara , State of California being a portion of that certain 11. 184 acre parcel of land , as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36 , Santa Clara County Records, and - being more particularly described as follows : BEGINNING at the Northeasterly corner of said 11 . 184 acre parcel of land , said Northeasterly corner lying in the most Northerly line of said Record of Survey; thence from said POINT OF BEGINNING, Westerly , along said Northerly line , West 463 .42 feet to the general Westerly line of said Record of Survey; thence leaving said Northerly line , Southerly, along said Westerly line, South 220 . 00 feet to• an angle point in said Westerly line and the TRUE POINT OF BEGINNING of this description; thence from said TRUE POINT OF BEGINNING continuing along the Southerly prolongation of last said Westerly line , South 193 .00 feet; thence leaving, said Southerly prolongation, East 401 . 49 feet to the general Westerly line of that certain parcel of land as described in a, Grant Deed to the City of San Jose, a municipal corporation, for street purposes and recorded October 5, 1965 in Book 7128 'of Official Records at pages 42 and 43 , Santa Clara County Records; thence along last said general Westerly line , Southerly, the following courses ,' from a tangent which bears S03°33 ' 44"W along a curve to the left with a radius of 65 . 00 feet through a central angle of 39°19 ' 19 for an arc length of 44 . 61 feet to a Point of Reverse Curvature; along a curve tothe right with a radius of 15 .00 feet through a central angle of 35° 45' 35" for an arc length of 9. 36 feet; South 163 .23 feet; along a tangent curve to the left with a radius of 65. 00 feet through a central angle of 39°48 ' 00" for an arc length of 45 . 15 feet to a point in the general Northerly line of Parcel .3 , as said parcel is described in that certain Grant Deed from Cupertino Union School District to Claude T. Linsay , Inc. , recorded February 21 , 1962 in Book 5474 of Official Records page 606, Santa Clara County Records; thence leaving said general Westerly line, along last said general Northerly line , S50°12 ' 00"W 36 . 56 . feet to the Westerly line of last said deed; thence Southerly , along the Westerly line of said deed , South 101. 75 feet to a point in the Northerly line of Tract No. 2483 , a map of which was filed for record in Book 112 of Maps at page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°59 ' 00"W 599. 49 feet to the intersection thereof with the Northeasterly line of Tuscany Place , .as shown on Tract No. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14 , Santa ClaLa County Records ; thence leaving (1)f7 . 1516 . ,FE 515 97b6 Page two • said Westerly prolongation, along the Northwesterly prolongation of said Northeasterly line of Tuscany Place the following courses : N43° 01 ' 27"W 28 .06 feet ; along a tangent curve to the right with a radius of 24 . 00 feet through a central angle of 52° 01 ' 12" for an arc length of 21 . 79 feet to a Point of Reverse Curvature ; 'along a curve to the left with a radius of 28. 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 .42 feet; N43°01 ' 27"W 24 : 73 feet to a point in the general Westerly line of said Record of Survey; thence leaving said Northeasterly line of Tuscany Place , along the general Westerly line of said Record of Survey the following courses : N50 °11 ' 11"E 164 . 60 feet; North 74 . 00 feet; West 96 . 15 feet; North 312 . 00 feet and East 215 . 15 feet to the TRUE POINT OF BEGINNING of this description. Containing 6 . 204 Acres of land , more or less. Prepared by the firm of MACKAY & SOMPS • San Jose , California • • • )111 / ioi' 9 /8 / 4-9-84 A E .T . • DESCRIPTION 1516 ".'? 513 Lands of Cupertino Union School District (Hoover) to be Conveyed to the City of Cupertino All that certain real property situate in the City of Cupertino, County of Santa Clara , State of California, being more particularly described as follows : BEGINNING at • an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in . Book 115 of Maps at page 2, Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592 ; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. ' 2592 , S00°03 ' 25"E 138. 61 feet to a point in a line parallel with and distant , Northerly, 19 . 00 feet , measured at right angles , to the centerline of Leeds Avenue , as said • centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line, S89°58 ' 10"W 4 . 99 feet; thence leaving said parallel line , Westerly and Southerly, the following courses: along a tangent curve to the left with a radius of 539 . 00 feet through a central angle of 23°33 '56" for an arc ' length. of 221 . 69 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 501. 00 feet through a central angle of 20°04 '58" for an arc length of 175 . 61 feet to a Point of Compound Curvature; along a tangent curve to the right with a radius of 42 . 00 feet through a central angle of 21°34 ' 47" for an arc length of 15 . 82 feet to a Point' of Reverse Curvature; along a tangent curve to the left with a radius of 42.00 feet through a central angle of .127°57 ' 55" for an arc length of 93 :80 feet to a Point of Reverse Curvature; along a tangent curve to the ' rfight with a radius of 42. 00 feet through a central angle of 19 °52 ' 06" for an arc length of 14 . 56 feet; S00°01' 50"E 171 . 65 feet; along a tangent curve to the right with a radius of 42 . 00 feet through a central angle of 19°52 ' 06" for an arc length of 14 . 56 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 42. 00 feet through a central angle of 85°07 ' 28" for an arc length of 62 .40 feet; S00°01 ' 50"E 198. 89 feet to the intersection thereof with a line which is parallel and distant, 30 . 00 feet, Northerly of the monument line of BARNHART PLACE, as shown on Tract No . 4254 , a map of which was filed for record in Book 222 of Maps at page 15, Santa Clara County Records; thence, Westerly, along said parallel line , N85°57 ' 49"W 201.80 feet, more or less , to a point in a Easterly line of said Tract No. 4254 ; thence along said Easterly line, N00°08 ' 34"W 708 . 67 feet to the intersection thereof with a Southerly line of said Tract No. 2592 ; thence leaving said Easterly line of Tract No. 4254 , Easterly, along said Southerly line of Tract No. 2592, N89°30 '30"E 639. 21 feet to the POINT OF BEGINNING. ti Containing 5 .00 acres of land , more or less. Prepared by the firm of MACKAY 6 SOMPS San Jose , California f• It • - 9.1 1 4-----ki . u.,;,7 • • .: ', : ;.:-Ir i .);N: -I-- - _ ''',. •.-111 Fij: E.-"tit-T.::.;.?:-1. r_::-...4:. • ....._-: • . :\ — i.:p . ;•.....1 • . I .., $ ._. • i ' • . ‘ N. . --:• 1::'-r-'2-1::..N --?. %.43:i . ..• woor • — .....,az LOCATION A....f P • FL, DR , 1 ‘ - 1 r, . • .:-Q-- •,5,, . It'.a. • 3 +.` -. n 1 - , ••• a c-1 1 1 V t.'• 1 -I I .., I - ..,C 4 . ,,,, . ,••••!;:,:tc,/i4z : : : , __ ...... • . , fl LA PARC ••• - .. ... .../ \-:•, ;;•- ,!•• ,zi: c... • ,--'..o.,,::- • N . vl : --.' r .. ......, , _ 1 .• 71CaeXac & Slwys3 - .. ....,.° __. ,,, __ _ . __ ::.7---r- --7.:-.; •CT;?.-7C...7-71:2••• _ -. — • LBO,. '.`"' "9ki it tY r""' .001• i""r .,.,- 1113•41D1.31....3 W"pS 9 m t '"NG .:s,,c _ .a,,.o .ars....)_t i.- ac.'c,Je/OJS3c.inz. wo o r O. -re- e r 5, .n.. .t] e . i : • r\, j M1 7 u.O ` i o ,I 3mc> . A. :I.......... . ul _r.ra... . e _.- a Af • •SC137. ")... ors Pkir • . d77Y No/1 V.7 o7 -- - -- I . n y - \ r ' 'Ir a'4s. . . .aa,. • __ •)tp FTP.: -, .% .1,/•'•112', �. , 2652 ON' �JYt_' HJT ry �.;'L Si~ N_ - rc car--1:rii 1 421 ��___ \ 1 JF '.'3.1 11il`n- �,. i. —1 e. RECORDING REQUESTED BY ' ORD fR APN I— WHEN RECORDED MAIL TO I .me met ldress ty & ate • L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed The undersigned grantor(s)-declare(s): f Documentary transfer tax is-$ • n ( ) computed on full value of property conveyed, or , ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( 1 Unincorporated area: ( X) City of.CUPERTINQ - , ( 1 Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF CUPERTINO, a municipal corporation hereby REMISE(SI, RELEASE(S) AND FOREVER QUITCLAIM IS) to CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY, which acquired title as Cupertino School District of Santa Clara County that property in CITY OF CUPERTINO, SANTA CLARA County, State of California,described . as: ' • SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Mail tax statements to— SAME AS ABOVE Date JANUARY 11, 1985 CITY OF CUPERTINO STATE OF CALIpORN1 �t COUNTY. OF �1�/�ri�t-�- l�Cr--��- }SS. - DAMP a On t .G/.-tZt6 -<�y/ /y/ /%F"S� before me, the undersigned, , J a otar Public !ram?'for Bair State, persona,Uy appeared. / ..7" v Ll.. t - i G- Cl / T-f.�(.L[.tl rtC,�, eLr-p r personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name). d.Q(R subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal.. t I Ci9EiGGOPi7bIQiC19 .v.z •av^ I r ®Fd1C 1/RL sFilL k ALLISON e. wkiattAtire .;!, Signet re, • R l L 3 o (J V i �� a/3Riy_ie - Idf Commission Expires urWw , 8 W9iY Name (Typed or Printed) - Y " Bi 1988 40=t44X7W-.7W OCIW OQUKI4N/i7 FlG-100X MAIL TAX STATEMENTS AS DIRECTED ABOVE 4-7-04 Exhibit A E.T. • DESCRIPTION 151651.3 Lands of Cupertino Union School District (Hoover) to be Conveyed to the City of Cupertino All that certain real property situate in the City of Cupertino, County of ' Santa Clara, State of California, being more particularly described as follows : BEGINNING at ' an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in Book 115 of Maps at page 2, Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No. 2592 ; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. 2592, S00°03 ' 25"E 138 . 61 feet to a point in a line parallel with and distant, Northerly, 19 . 00 feet, measured at right angles , to the centerline of Leeds Avenue , as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line, S89°58 ' 10"W 4. 99 feet; thence leaving said parallel line, Westerly and Southerly, the following courses: along a tangent curve to the left with a radius of 539.00 feet through a central angle of 23°33 ' 56" for an arc length of 221. 69 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 501. 00 feet through a central angle of 20°04 '58" for an arc length of 175. 61 feet to a Point of Compound Curvature; along a tangent curve to the right with a radius of 42.00 feet through a central angle of 21°34 '47" for an arc length of 15. 82 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 42. 00 feet through a central angle of .127°57 ' 55" for an arc length of 93:80 'feet to a Point of Reverse Curvature; along a tangent curve to the 'r/ight with a radius of 42. 00 feet through a central angle of 19°52 ' 06" for an arc length of 14 .56 feet; S00°01 ' 50"E 171. 65 feet; along a tangent curve to the right with a• radius of 42. 00 feet through a central angle of 19°52 '06" for an arc length of 14 .56 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 42. 00 feet through a central angle of 85°07 ' 28" for an arc length of 62 .40 feet; S00°01 ' 50"E 198.89 feet to the intersection thereof with a line which is parallel and .:distant, 30. 00 feet, Northerly of the monument line of BARNHART PLACE; as shown on Tract No. 4254 , a map of which was filed for record in Book 222 of Maps at page 15, Santa Clara County Records;. thence, Westerly, along said parallel line , N85°57 ' 49"W 201.80 feet, more or less , to a point in a Easterly line of said Tract No. 4254 ; thence along said Easterly line, N00°08 ' 34°W 708 . 67 feet to the intersection thereof with a Southerly line of said Tract No. 2592; thence leaving said Easterly line of Tract No. 4254 , Easterly, along said Southerly line of Tract No. 2592, N89°30 '30"E 639. 21 feet to the POINT OF BEGINNING. •ti Containing 5 .00 acres of land , more or less. Prepared by the firm of MACKAY & SOMPS San Jose, California J � Joky/- '111.i 1516"!cE 514 716b • 9786 4-6-84 ' E.T. DESCRIPTION • Lands of Cupertino Union School District to be Conveyed to the , City of Cupertino All that real property situate in the City of Cupertino, County of Santa. Clara, State of California being a portion of that certain 11. 184 acre parcel of land, as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36 , Santa Clara CountyRecords, wand being more particularly described as follows : BEGINNING at the Northeasterly corner of said 11. 184 acre parcel of land , said Northeasterly coiner lying in the most Northerly line of said Record of Survey; thence from said POINT OF BEGINNING, Westerly, along said Northerly line, West 463 .4.2 feet to the general Westerly line of said Record of Survey; thence leaving said Northerly line, Southerly,, along said Westerly line , South 220.00 feet to an angle point in said Westerly line and the TRUE POINT OF BEGINNING of .this description; thence from said TRUE POINT OF BEGINNING continuing along the Southerly prolongation of last said Westerly line, South 193 .00 feet.; thence leaving said Southerly prolongation, East 401. 49 feet to the general Westerly . line of that certain parcel of land as described in a, Grant Deed to the City of San Jose, a municipal corporation, for street purposes and recorded October 5, 1965 in Book 7128 of Official . Records at pages 42 and 43 , Santa Clara County Records; thence along last said general_ Westerly line , Southerly, the following courses,' from a tangent which bears S03°33 ' 44"W along a curve to ,the left with a radius of 65 . 00 feet through a central angle of 39°19 ' 19" for an arc length of 44. 61 feet to a Point of Reverse Curvature; along a curve to the right with a radius of 15.00 feet through a central angle of 35°45' 35" for an arc length of 9 . 36 feet; South 163 .23 feet; along a tangent curve to the left with a radius of 65. 00 feet through a central angle of 39°48 ' 00" for an arc length of 45. 15 feet to a point in the general Northerly line of Parcel .3 ,- as said parcel is described in that certain Grant Deed from Cupertino Union School District to Claude T. Linsay, Inc. , recorded February 21, 1962 in Book 5474 of Official Records page 606, Santa Clara County Records; thence leaving said general Westerly line , along last said general Northerly line , S50°12 ' 00"W 36 . 56 feet to the Westerly line of last said deed; thence Southerly, along the Westerly line of said deed, South 101. 75 feet to a point in the Northerly line of Tract No. 2483 , a map of which. was filed for record in Book 112 of Maps at page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°5.9 ' 00"W 599. 49 feet to the intersection thereof with the Northeasterly line of" Tuscany Place, as shown on Tract No. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14 , Santa Claca County Records; thence leaving I 516"±GE 515 • 9786 Page two said Westerly prolongation, along the Northwesterly prolongation of said Northeasterly line of Tuscany Place the following courses : • N43° 01 ' 27"W 28 .06 feet; along a tangent curve to the right with ' a radius of 24. 00 feet through a central angle of 52°01 ' 12" for an arc length of 21 . 79 feet to a Point of Reverse Curvature; 'along a curve to the left with a radius of 28. 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 .42 feet; N43°01 ' 27"W 24. 73 feet to a point in the general Westerly line of said Record of Survey; thence leaving said Northeasterly line of Tuscany Place, along the general Westerly line of said Record of Survey the following courses : N50°11 ' 11"E. 164 . 60 feet; North 74 . 00 feet; West 96. 15 feet; North 312. 00 feet and East 215 . 15 feet to the TRUE POINT OF BEGINNING of this description. ' Containing 6. 204 Acres of land, more or less. • • Prepared by the firm of MACKAY & SOMPS San Jose , California • • + ti • 'I / 'I! — .MA Zt 1� • .......IMnnn,M1n v� r ‘J •:•=max ` F .... •ss ___ um�2 v.r •8 4fmuThwii 1 II, — um.unnao , \ WATERiaRO _. O'?.— C---,_,../ �gyaI .1;-.' 1 ; , si it \ TRACT !No, j 1 • 2592y .. •. :341 TRACT A/o 5 2888 G7 _S- BC Le - M- x I aa 47 et q • •�� a , • - LO CATION MAP SSt \ N \In 14 __�`___ ___ auAe:-/•'•/coo• - 1 0n I { u„ .Ya 41 42 i 43 ti / ngsTE� ' J'.." ; 3104' g 2 LEEEsnai4 D_ {Q . v Saa wetp,k ..<e'11- 101 +5�y t:°1 AVENUE;, N. • s •tA -__�._ h a..rt,k - - .iiii q e•q.r'e 5 i iF o 4 DOA/EGA A _� • oeivE 8, Y •Ir' Y I - 5ti� \� 1 i 1t • \__:_____ t_1i. ,Iule�c*h� PLACE A �r. i� Tdacr Na. fI - 1 I 'wC 22L -.U- /S, 425Qw FLAT To 4ecoN/44Ny OESCC/vl/eU OT 7 OF v<//FRT/✓o LW/O.V .50/004. O/ST4/CT Teat CO</✓6yEa T IWE an,of Ca/PTA/0 CO/4.-4r-'o 4L/F0 ✓/4 • . 71tazZaty & Sonoe _ CIVIL ENGINEERS 1 1955 THE ALAMEDA 1 SAN JOSE , 451r115.W50 CALIFORNIA 95125.C. ' • LE Cs 100' e.n APRIL 1184 .o... 9787 I _ .. . - . —- --- -- - - — — - • , ..„ 1 :1:1'. l my '^� � - 1 • v V :: IIi 'ill „I �t 1Fj : r _ mp'� �I I is 1J(:1 4s3 42 _ LOCA TION MAP OE WJE JR L^ i i ;.,1. -I-. v -1 __ j g - ; :1 r'4D:,•01r.rl� a � t - , ,., ,.'.(,fr n a ;.,r L , 3Loe ,f,,i^ OF LA FARGt, . .. - ,if ria.if I' . 1 .. �y . .�. . gyp. C °„ yyy,h . _ � ..- M/f'fYW'`1 IfT!/' - I oY0 tFF 'Y-:Cry ta, Ja.i \ , - L ^M. 3) •I ,44_,--...-1--T 7 I ' ---- J -, J . r C✓oE F+ 't it I 'I t . CIVIL CNGINEEPS 'J STATE OF CALIFORNIA • 8353307 .,� w:(• i. . .)`1 "• rI l r i i,'�.i f DEPARTMENT OF GENERAL SERVICES , rlrilil �,� 1• ;,;}` I [ • And When Recorded Mail to "' I �!r- t t.. r �l'a.•. : FILED FOR RECORD • CUPERTINO UNION ELEMENTARY SCHOOL DISTRICT 10301 Vista Drive AT iiIMHFf:1 )F Cupertino, CA 95014 Mae 15 .3 io PH '85 • INDORSED COPY OFFICIAL RE• CORDS SANTA CLARA COUNTY GEORGE A MANN RE;IRTRAR RECORDER State of California DIRECTOR OF GENERAL SERVICES PARTIAL RELEASE OF INTEREST IN REAL PROPERTY Filed pursuant to Section 16019 (Formerly 19563) , Education Code NOTICE IS HEREBY GIVEN: (1) That the Director of General Services , pursuant to the aforesaid Section 16019 filed Certificate No. 178 , dated January 24, 1964 , specifying an interest in real property of the CUPERTINO UNION ELEMENTARY • School District, which certificate is recorded in Book 6358 , Page 644 in the Office of the Recorder of Santa Clara County, California. (2) That under authority of the aforesaid Section 16019 the Director of General Services herewith releases from the effect of said certificate the following described real property of said School District, located in the County of , which the District has been authorized by the State Allocation Board to dispose of under Section 16105 of the Education Code. SEE ATTACHMENT: (3) That said Section 16019 provides that this release conclusively protects any third party relying thereupon. IN WITNESS WHEREOF, the Director of General Services of the State of California has duly authorized the undersigned to execute this Certificate in his name. DATED William J. Anthony Director of General Services State of California BY l-( A g— 4.`-1-11.4 ct yl State of California Art S. Kevorkian County of Sacramento ss . Local Assistance Officer On this 11 . 1C day of the eiul4 w�, Ln the year 1985 , before me, a Notary Public in and for said County and State, peikbonally appeared Art S. Kevorkian known to me to be Local Assistance Officerof Department of General Services and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such Department of General Services executed the same. eF ICI LN : 1 ",t JGF1.r'H L. :r'.c!:Ol • `_ nt `Yg 6TAl/ 7G_:• 1.1,Comm Lir.,S.in S, IYUO Not y b iL• in and for sai County, Stale of California �•�- �. SAB 298C (8/82) „ . Legal Description to accompany v.artial Release of Interest In • Real Property, 19/178 HOOVER SITE • DESCRIPTION BEGINNING at a point in the centerline of Prospect' Road 40 feet wide, with the Westerly line of Galway Drive, as said drive is shown upon the Map of Tract No. 2592 Normandy Hills Unit Ho. 1 , the Map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California on December 17, 1959 in book 115 of Maps , at page 2, thence N. 00 02 ' 47” W. , along said line of Galway Drive and along a Westerly line of said Tract No. 2592 a distance of 322 .74 feet to the TRUE POINT OF BEGINNING of the parcel to be described; thence from True Point of Beginning continuing N. 0° 02 ' 47" W. along said Westerly line of Tract No. 2592, 699.79 feet to the intersection thereof with a Southerly line of said Tract, thence S. 89° 31 ' 33" W• 639 .19 feet to the intersection thereof with the Easterly line of that certain 10.55 acre, more or less, parcel of land conveyed by Anton Evulich, et ux, to Louis Janovich, et ux , by Deed dated December 1, 1949 and recorded December 5 , 1949 in Book 1886 of Official Records, page 180 , Santa Clara County Records ; thence S. 0° 07 ' 15" E. , along said last named line 748 .88 feet to a point ; thence leaving said line and running S. 85° 56' 30" E. 305 . 82 feet ; thence on a. curve to the left tangent to the last mentioned course,, with a radius of 340 feet, through an angle of 31° 59' 18" for an arc distance 189. 82 feet to a point of reverse curvature; thence on a curve to the right with a radius of 320 feet, through an angle of 27° 54 ' 42" for an arc distance of 155 .89 feet to the TRUE 'POINT OF BEGINNING , and being a portion of Section 25 , Township 7, South, Range 2 West , Mount Diablo Base and Meridian. 366-16-36 TD/ PM/bf 7-30-83-SJV1A-1A 2 • ___ nTE.OF CALIFORNIA 6353306 ` - DEPARTMENT OF GENERAL SERVICES .. ,: ',. IN ' 'f "'S ��• w 1 ,.1 Y II. ` A rl is . NUJ\11 , (U And When Recorded Mail to FILED FOR RECORD CUPERTINO UNION ELEMENTARY SCHOOL DISTRICT AT iIE :UF."'1 '•)c 10301 Vista Drive Cupertino, CA 95014 ' nIy MAR J5 3 io PH '85 ENDORSED COPY i) 1 ' OFFICIAL RECQRDS SANTA CLARA COUNTY GEORGE A MANlyANI RLWSTRAR RELORDER State of California DIRECTOR OF GENERAL SERVICES FART[AL RELEASE OF INTEREST IN REAL PROPERTY Filed pursuant to Section 16019 (Formerly 19563) , Education Code NOTICE IS HEREBY GIVEN: (1) That the Director of General Services , pursuant to the aforesaid Section 16019 filed Certificate No. 178 , dated January 24, 1964 , specifying an interest in real propertyof the CUPERTINO UNION ELEMENTARY . School District , which certificate is recorded in Book 6358 , Page 644 , in the Office of the Recorder of Santa Clara County, California. (2) That under authority of the aforesaid Section 16019 the Director of General Services herewith releases from the effect of said certificate the following described real property of said School District , located in the County of Santa Clara , which the District has been authorized by the State Allocation Board to dispose of under Section 16105 of the Education Code. Please See Attachment: This release supercedes the "Partial Release of Interest In Real Property" initiated by the Office October 10, 1984 (our date) . (3) That said Section 16019 provides that this release conclusively protects any third party relying thereupon. IN WITNESS WHEREOF, the Director of General Services 'of the State of California has duly authorized the undersigned to execute this Certificate in his name. DATED FEB 4 1965 William J. Anthony Director of General Services State of California By ail-4 CJLII-tr'LCLlett ( State of California Art S. Kevorkian County of Sacramento ss . Local Assistance Officer On this 9X& day of ,,,,,,,,,, , in the year 1985 , before me, a Notary Public in ed and for said County and State, p rsonally appearArt S. Kevorkian known to me to be Local Assistance Officerof Department of General Services and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such Department .of General Services executed the same. Or Public in and fon said County, State of California '•w� �.:._.;� „'` ..._ . SAR 298C (8/82 ) - • r 1:. The land referred to in this Report is situated in the State of California, County of Santa Clara city of (and is described as follows:) Cupertino • • PARCEL ONE:" BEGINNING at a point in the Northerly line of that certain 20 .16 acre parcel of land described in the Deed from Fanny M. Jollyman to Alice Jollyman, et al dated September '18, 1926 and recorded September 22 , 1926 in Book 271 of Official Records , page 128, ' Santa Clara County Records , distant thereon East 634 .00 feet from the Northwesterly corner of said 20 . 16 acre parcel in the Easterly line of Stelling • Road , said point of beginning being the Northeasterly corner • of that certain 3 . 2 acre parcel of land described in the Deed from Alice Jollyman et al , to Hugh L. Phillips , et al , dated July 23 , 1948 and recorded in Book 1652 of Official Records , page 213, Santa Clara County Records ; thence along the Easterly line of said 3 . 2 acre parcel South 220 .00 feet to the Southeasterly corner thereof ; thence along the Southerly line of said Parcel West 215 . 154 feet to the Northeasterly corner of that certain 3 . 00 acre parcel of land described in the Deed from William Jollyman , et al , to C . D . Oldfield , et ux , dated September 23 , 1949 and recorded September 24 , 1948 in Book 1681 of Official Records , page 16 , Santa Clara County Records ; thence along the Easterly line of said 3 . 00 acre parcel South 312 . 00 feet to a point in the Northerly line of that certain parcel of land described in the Deed from Alice Jollyman, et al , to Andrew I . Robichand , et ux , dated February 28 , 1948 and recorded March 1 , 1949 in Book 1751 of Official Records , page 599„ Santa Clara Co'..nty Records ; thence along the Northerly and • Easterly line of tre parcel 'last above referred to East 96 . 154 feet and 2o,`h 74 . L0 feet ; thence along theJ outh- .. easterly line of 3a_ parcel of land , So'utn'wes terlyin a direct line to a point in the Southerly line of said 20 . 15 acre parcel' which bears East 290 . 00 feet from _ne Southwesterly corner of said 20 . 16 acre parcel ; thence along the Southerly line thereof East 807 .58 feet to the South- easterly corner of said 20 . 16 acre parcel ; thence along the. Easterly and Northerly lines of said parcel North 794 . 43 feet and West 463 . 58 feet to the point of beginning , and • being a portion of the Northwest 1/4 of Section 24 , T7S , R2W, M . D . B. & M . • -2- FTG 103913(FET 7 1 031 ORDER NO. 167110 EXCEPTING THEREFROM that portion described in the Deed from Cupertino School District of Santa Clara County to the State of California, recorded October 30, 1961 in Book 5345 of Official Records , page 320. ALSO EXCEPTING THEREFROM those Parcels of land described in the Deed from Cupertino Union School District to Claude T. Lindsay Inc . , recorded February 21, 1962 in Book 5474 of Official Records, page 606 : ALSO EXCEPTING THEREFROM, that portion described in the Deed from Cupertino Union School District of Santa Clara County to the City of San Jose, recorded October 5, 1965 in Book 7128 of Official Records , page 42 . ALSO EXCEPTING THEREFROM, that portion described in the Deed from Cupertino 'Union School District to City of Cupertino, recorded May 4 , 1984 in Book 1516 of Official Records , page 511 , described herein as Parcel Two. PARCEL TWO : ALL that real property situate in the City of Cupertino, County of Santa Clara, State of' California being a portion of that certain 11 . 184 acre parcel of land, as shown on that Record of Survey , a map of which was filed for record in Book 131 of Maps , at page 36 , Santa Clara County Records , and being more particularly described as follows : PEGINNING at the Northeasterly corner of said 11 . 1,'.:4 acre rarrel of land ; said Northeasterly corner lying in the most Northerly line of said Record of Survey ; thence from saii POINT OF BEGINNING , Westerly along said Nortnerly lire, West 463 .42 feet to the general Westerly line of said Record of Survey ; thence leaving said Northerly line, Southerly , along said Westerly line, South 220.00 feet to an angle point in said Westerly line and the TRUE POINT OF BEGINNING of this description; thence from said TRUE POINT OF BEG— INNING continuing along the Southerly prolongation of last said Westerly line , South 193 . 00 feet ; thence leaving said Southerly prolongation, East 401 . 49 feet to the general Westerly line of that certain parcel of land as described in a Grant Deed to the City of San Jose, a municipal corporation, for street purposes and recorded October 5 , 1965 in Book 7128 of Official Records at pages 42 and 43, Santa Clara County Records ; thence along last said general Westerly line, Southerly , the following courses , from a ORDER NO. 167110 • tangent which bears S . 03° 33 ' 44" W. along a curve to the left with a radius of 65 .00 feet through a central angle of 39° 19 ' 19" for 'an arc length of 44 .61 feet to a Point of Reverse Curvature; along a curve to the right with a radius . . of 15 . 00 feet through a central angle of 35° 45 ' 35" for an arc length of 9.36 feet; South 163 .23 feet; along a tangent curve to the left with a radius of 65. 00 feet through a central angle of 39° 48 ' 00" for an arc length of 45 . 15 feet to a point in the general Northerly line of Parcel 3, as said Parcel is described in that certain Grant Deed from Cupertino Union School District to Claude T. Linsay , Inc. , recorded February 21 , 1962 in Book 5474 of Official Records , page 606, Santa Clara County Records ; thence leaving said general Westerly line, along said said general Northerly line, S . 50° 12 ' 00" W. 36 . 56 feet to the Westerly line of last said Deed ; thence Southerly, along the Westerly line of said Deed, South 101 .75 feet to a point in the Northerly line of Tract . No. 2483, a map of which was filed for record in Book 112 of Maps, at page 35, Santa Clara County Records ; . thence along said Northerly line and its Westerly prolong- ation N. 89° 59 ' 00" W. 599 . 49 feet to the intersection thereof with the Northeasterly line of Tuscany Place , as shown on Tract NO. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14, Santa Clara County Records ; thence leaving said Westerly prolongation, along the Northwesterly prolongation of said Northeasterly line of Tuscany Place the following courses : N . 43° 01 ' 27" W. 28 . 06 feet ; along a tangent curve to the right with a radius of 24 . 00 feet through a central angle of 52° 01 ' 12" for an arc length of 21 . 79 feet to a Point of Reverse Curvature ; along a curve to the left with a radius of 2b . 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 . 42 feet ; '1 . 43° 01 ' 27" W . 24 . 73 feet to a point in the general Westerly line of said Record of Survey ; thence leaving said Northeasterly line of Tuscany Place , along the general Westerly line of said Record of Survey the following courses : N . 50° 11 ' 11" E. 164 .60 feet ; North 74 . 00 feet ; West 96. 15 • feet ; North 312 .00 feet and East 215 . 15 feet to the TRUE POINT OF BEGINNING of this description • . Jones/TR/mr A359-25-1 & 1. 01 N/I 4 RLCOHOI N:: REOIIFS IE U kit r,„,, 8353308 ORDER a a ♦r�Irp� f , 1 , .T °N 1 ,11. i?F.' R 0 ') ill ).> 1 r"I A Pn ' r'T'� . . WEN HECOROEO ,,,u,. to 1.. Irf t� ?/ 4' � .� �(` '� r 4;P.OIr.(� . . • is11 t, la.'. - r . • �a !flit• ` ! L r U TS n' „,.tl ^ 1tl",ti •,'Irl ;I�� 1' q ti i}_J� t� l'1°j 15 1� 1 1. 1i� 1.',"s 0,,jt'.••ji lin) t:yJ '. t!. I�..S,1 .• F fi '\A\ry\\ r[' /. I� \C�r1(� . .t ltl ., • l,l FI(il�a� 1.(.V(I,\VJ (_ • J sANr;, ct ai.r; courirY F rr�a"� I.9 A''i N :'A, L ABOVE T skr�Q.itjcR�c7,1 OVITTY kk s USE Quitfrlaitit Deed t The undersigned grantor lsI declare(s): II ' ° • Documentary transfer lar is $ ?Jong bac A ( I Computed ,n1 full value of f property conveyed. In 1 ) compulcd tin full valise less value of liens told ,•neun,l,i tr.res remaining at time of sale. I I t:uuicorpurated area I X 1 City ofCUPERTINO .. •,, . ,.. . _. ...., 1 I Realty Out snail. -- FOR A VAI.I ABLE (?ONSI )E:RATION, rty•t iia +,i a,liivll is hereby acknowledged, CITY OF CUPERTINO, a municipal corporation • - herein 1(1 \IPI. _moi, I(Il l,\md•ITI AND IURI- \ FU r)1 I'Ii I ARISI to CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY, which acquired title as Cupertino School District of Santa Clara County ilialpnlpcn\ in CITY OF CUPERTINO, SANTA CLARA ( •,inn), time ufrani,irnia,described as. NO.202 ;,ORPORATE ACKNOWLEDGMENT rl .ii•' - - .G+1 ez-rre.etw '?1./-..-Je .+l .i.+.,yririiii�. r sr ..........>-_,----...- . rlirr rr�rr-i _c.c.s`� ., _ rte__ 19�beforeme, State 0. • Gri se- jI = On this the_ day of SS. ' County of" /._`_ t dersigned'Nolary Public,personally apt eared 1. i A -/1/ Xpersonally k pinto me roeCID opoe efXDROCoODOInnO I'I proved to me on the basis of ealisfactory evidence �GBi OFFICIAL SEAL• to be the pe sons)wh ex sited the within instrument as 1 p ALLISON F. V•CALIFORNIARANTE /f( j or on behalf of the corporation therein rAi .if `• NOTARY VUMLIC•Camed/and a nowledged to me that the corporation executed it. 1 ro s':• SAMA CLARA COUNTY �� WITNESS my hand and official al. i�/• My Commission ExpihtM Feb. B# 1988 �J�� J ®WiW7W4L04414 1Y 0.2610.1f41JW'(JDGT•?Og4. ,f,// / ,'Al (r(f(�I�/CO 0 I, at• s Signature 0 r�+er'—... e:4--rr!::•1. ' !!.•��rlrr •err.,+a�.r+-ess c. djer 1'e.°rem:.'.rNAtIONAL Noun SOLI MON•2 C2 Ventura Blvd P.0`Bal 46255•Woodland MtCA SM 7120122 Mall tax stturnients to - .5/01E.4$_AfPy i Date . JANUARY 11, 1985 ..r— ._ . CITY OF CUPERTINO __ ___ STAT,: Of Cu lynx NI % , / COLINT1a _,Of X.;..-67‘216. e-6x.i_d - . bs 13 ' I -- On Cb Li!,✓" h /yL S� before me, the un I esigneti. \---.---) / "'/ / — , a Marx t tg he I aid fur sail State pers,ni.slllt I algal v ` J _ . �a.�i r /� .CClN . L._�F>Ca–� z C lit.-Y:�Gt�'� - personally known io rm• for proved to Inc .un the basis of ,satisfactory evidence' I. be I Ito person 3 .whose att1110 d•fr, subscribed b, 111•• within mat,tiniest. and acknowledged that - - ----------- --- -- -- - A esecutrd the same. Witness my hand and nt I ii LI seal. t _ I / FtICW.SF1L r Signal rr✓/ ��E{Yl� 1....,C.4_,_ . 'it_ t cc/AI AL"CM Au. •J.. Y�i/tEA1LQ __--- . N l l l .s o (J vi. 11 jd NA tri.C— SAN••A_W-_abt ,.4W/TT \.i .- I ,p••I ,n .I li uurd l I .. MY Commission M fa. II,fqN tom ' maa440:Juntak Iryw• I it,-lino.— MAIL TAX SI M.I t rntla IS AS DIRECTED ABOVt . . a RECORDING REQUESTED BY :OLDER,e APN WREN RECORDED MAIL Tri I or, • io J +A�.E ABOVE THIS LINE FOR RECORDER'S USE QuitDeed The undersigned grantor(21 deciare(s): r Documentary transfer lax is $ p..101 H Y ue. n ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens Ulla encw a bl MIFFS remaining at time of sale. I I Unincorporated area: I XI City ot.GUPERT.INO. . ... ... ... ....................... .... ...... I Realty not sold. FOR A VALUABLE CONSIDERATION, receipt ui \duct' is hereby acknowledged, CITY OF CUPERTINO, a municipal corporation here)) IU:AI1s1:,s . HEI FA1-F.IsI .ANI) FURS\ F t ISI Ill I A1S1IS1 to CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY, which acquired title as Cupertino School District of Santa Clara County that prnpertk .n CITY OF CUPERTINO, SANTA CLARA room).Suite tit l'alik nma.described as: SEE' EXHIBIT "A11 ATTACHED HERETO AND MADE A PART HEREOF B. • • • Mail tux statements to SAME AS ABOVE DateJANUARY_11,_ 19a5 . CITY OF CUPERTINO _ STATE OF CAI IF(IItNIA I r p -- - COUNTY OF {,.�/t> i. L�sc-�_�.� r} sb. t 1 On .( ` C/ L °`[./5/ /ii S ._before me, the undersigned. ,� a 12 otarx Public it and for Y 4s:uk State, person/pity' :, C pi, ea �_. .-- _�t 'Ji ' /- . �) - 7 L4 l L e M .w. personally known to nM for proved to me on the boos, to. satisfactory evi,le see I In he the person 5_whose mune} subscribed to the within instrument and acknowledged that ._---- - .. __._—__. . ,. o executed the same. Witness my hand and oflit I rl „;d 1 tr1"nr • sr C !s'7L.(/ tat/3;-4-- < L-.y6b Atli L ;:;4e. Ylii0klMall d, r `�'p`' Signal re H• .r E .� jRi�.Y'� kG41A.i c.... Ar lawaNA • ' ,P SANIw ;rid' YsLtr•,. - llt30(J '� ,, F1 AReu-t'c. a t:u`'.L. ..%iMf)fr r ,P• :L.due. . I.ped m PnnteJl I . . My �aotatsuutt III, 41sT MAIL TAX STAT,: L.nc Ac rancr.c.. Exhibit A t/'fli6� � n C,j —" DESCRIPTION JiEi''' - aJ1j • Lands tofbeCuConveyedUnion to thecCity ofDistrict Cupertinoover) All that, certain real property situate in the City of Cupertino, • County of Santa Clara, State of California, being more particularly described as follows : BEGINNING at ' an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed sorr saecord in n Book 115 of Maps at page 2, Santa Clara County point being also the Southeast corner of Lot 47 as shown on said Tract No. 2592; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. 2592, 500°03 '25"Erl . 6119f e t to a point in a line parallel with and distant ; Northe ,measured at right angles , to the centerlileavfngLeeds Avenue , erlasliaid - centerline is Shown on said map; along the Westerly prolongation of said parallel line , S89°58 ' 10"W 4. 99 feet; thence leaving said parallel line , Westerly and Southerly , the following courses: along a tangent curve to ot the with arc a radius of 539. 00 feet through a central angle length of 221 .69 feet to ,a Point of Reverse Curvature; along a tangent curve to the right with a radius of 501.00 feet through a central angle of 20°04' 58" for' an arc length of 175 . 61 feet.. -to a Point of Compound Curvature; along a tangent curve to the right with a radius of 42.00 feet through a central angle of 21°34 ' 47" for an n arc length of 15. 82 feet to a Point of Reverse Curvature; along tangent curve to the left with a radius of 42.00 feet throuto a gh, a arc Pointaof Reverse Curvature; along antangent ecurve ngth oto the f Ofeet iightwith a radius of 42.00 feet through a central angle of 19°52' 06" for an arc length of 14 .5.6 feet; S00°01' 50"E 171. 65 feet; along a tangent curve to the right with a radius of 42 .00 feet through a central angle of 19°52 '06" for an arc length of 14 . 56 feet to a Point of Reverse. Curvature; along a tangent curve to the left with a radius of 42. 00 of 42 .00. feet through a central angle of . 85°07 ' 28 for an arc length feet; 500°01 ' 50"E 196. 69 feet to the intersectionNortherly offtithonumine which is parallel and distant , 30 .00 feet, a maphof whim nt line of BARNHAP-T PLACE, as shown on Tract No. 4a 54, 1a, Santa Clara.was filed for record in Book 222 of Maps at page line , • County Records;_ thence, Westerly, along said parallel N85°57 ' 49"W 2.01.80 feet, more or less, to A said Easterly in a aNt rly line of said Tract No. 4254 ; thence along 708. 67 feet to the intersection thereof with a Southerly line of said Tradtae lNo.y, 2592;onsaidthence leaving Southerly said lineEasterly Tractline No. 0f Tract No.'2592, N89°30 '304E Easterly, along 639. 21 ' feet to the POINT OF BEGINNING. ti Containing 5 .00 acres of land , more or less. Prepared by the firmof MACKAY 6 SOMPS San Jose , California ,l r • _ - t'. - 4Q-114 iiti 117414iumilifiligHinill / rn ` 414011T:7 pop:i c tn e•.. . —. .1 OR _ r.i•ACT AA, . \:" eSS8 .A c I I 7.0ACT, 1 57 Sc. NO i BC 1,1 .aa Z i --i i i --I-Th – 4 Id Zen' 4 r e 0.,t4 4- i' m f÷,..., I , — 4.::tal fr L. • r 1.1‘,‘ --17-14.44,eht li \ . 4. a •''' 40'...0044;10.4 04te II •'44 II. Vi . 4', \ % I N ; NE L 0 CAT/ON HAP to . c• , • .7e4le 1-•/coo• 'it. t ... 4.1 4) I. t _ 4 Acirge C7 c \ -: 1 , .... SOO ar 4 i.. .4'‘ - _a ir.-.1 it,ags(win:. . ,..s AVE/IU( _ .1. . r" • A ei77.1r---"ed it \ LH? 4, , so --, e• rl r.. • - ri 44 0 Ile t 6 t.oraz- - tan. ii.'a \ ) 2 .1 .i . 1 i , I 0 • i -- I . • armies AL .1 . r. 1 i k 4•41 I 1 171;;CL.4 I ets . In \ DRIVE 2 I• 1% .a . 01 aal 't\ t t ,L ‘i..: ont 3 Li \ . I •._ 0L4c4 4 ...------ -- -----. —SA ArA/114 4 7" 4 •La"''''''' : i• a. 1,.. 1 11 / 7'4).4 c r : 0 A/ • i at tr, .. ,5 . 1-1254_ 1.. 'NI t A r -0 .4ccooroaowy orate ',new as 4.4,05 af Oz o..ar or 4,0 myna,/ Or-,Oz riS ll'ae r 12,Cs' Coo/vs-I-a., in not ,c,n, c La a yaw 2 niva ' Co...A e rea.,0 C•Ll•COPM Waits, & Sae civil 11•Glieri•• tr,•... •..Ds saw inM ••I ow or CM.P.Ore*enn sc.,. 1.a jog .1-47-4 Ann liall_ ,...-1-7: 101_____ • X516 ":= 51.4 716b Err-1/Bite a" • 9786 4-6-8.4 E.T. • DESCRIPTION Lands of Cupertino Union School District to be Conveyed to the City of Cupertino All that teal property situate in the City of Cupertino, County Of Santa Clara , State of California being a portion of that certain 11. 184 acre parcel of land, as shown On that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36 , Santa Clara County . Records, and being more particularly described as follows : BEGINNING at the Northeasterly corner of said 11.184 acre parcel of land , said Northeasterly corner lying in the most Northerly line of said Record of Survey; thence from said POINT OF . BEGINNING, Westerly, along said Northerly line, West 463 .42 Feet to the general Westerly line of said Record of Survey; thence leaving said Northerly line , Southerly, along said Westerly line, South 220. 00 feet to an angle point in said Westerly line and the TRUE POINT OF BEGINNING of this description; thence from said TRUE POINT OF BEGINNING continuing along the Southerly prolongation of last said Westerly line, South 193 .00 feet; thence leaving said Southerly prolongation, East 401. 49 feet to the general Westerly line of that certain parcel of land as described in a, Grant Deed to the City of San Jose, a municipal corporation, for street purposes and recorded October 5, 1965 in Book 7128 of Official Records at pages 42 and 43, Santa Clara County Records; thence ' along last said general Westerly line , Southerly, the following courses, from a tangent which bears S03°33 ' 44"W along a curve to the left with a radius of 65 . 00 feet through a central angle of 39°19 ' 19" for an arc length of 44 . 61 feet to a Point of Reverse Curvature; along a curve to the right with a radius of 15 ..00 feet through a central angle of 35°45' 35" for an arc length of 9. 36 feet; South 163 .23 feet; along a tangent curve to the left with a radius of 65. 00 feet through a central angle of 39°48 ' 00" for an arc length of 45. 15 feet to a point in the general Northerly line of Parcel 3 , as said parcel is described in that certain Grant • Deed from Cupertino Union School District to Claude T. Linsey, Inc. , ' recorded February 21, 1962 in Book 5474 of Official Records page 606, Santa Clara County Records; thence leaving said general Westerly line , along last said general Northerly line, S50°12 ' 00":W 36 . 56 feet to the Westerly line of last said deed ; ' thence Southerly, along the Westerly line of said deed, South 10.1. 75 feet to a point in - the Northerly line of Tract No. 2483 , a map of which was filed for record in Book 112 of Maps at 'page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89'59 ' 00"W 5.99. 49 feet to the intersection thereof with the Northeasterly line of Tuscany Place, as shown on Tract .. No. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14 , Santa Clara County Records; thence leaving ) 4)1 1516: E515 . 9786 • Page two said Westerly prolongation, along the Northwesterly prolongation . of said Northeasterly line of Tuscany Place the following courses : N43° 01 ' 27"W 28 .06 feet; along a tangent curve to the right with a radius of 24 . 00 feet through a central angle of 52°01 ' 12" for an arc length of 21 . 79 feet to a Point of Reverse Curvature; 'along a curve to the left with a radius of. 28. 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 .42 feet; N43°01 ' 27"W 24 . 73 feet to a point in the general Westerly line of said Record of Survey; thence leaving said Northeasterly line of Tuscany Place, along the general Westerly line of said ' Record of Survey the following courses : N50°11 ' 11"E 16A . 60 feet; North 74. 00 feet; west 96 . 15 feet; North 312. 00 feet and East 215 . 15 feet to the TRUE POINT OF BEGINNING of this description. Containing 6. 204 Acres of land, more •or less. Prepared by the firm of MACKAY & SOMPS San Jose, California I . . r'''' 4-• . i ,1 li ! .:-.:7 IIl :I I ;.111....1,, • ,,t: .....„.d "".., . i ..1 I.:4_. ' :' 14 • ,.. ;,*.t!.• I • ..___, •,__,, 1„ K 1;* if . 4t-! _ 141.; • - • 4.-: , : ...HI r---1 ..7,„ . , , I. 4 - . i r - — • •tz, -_‘:[[;:l •- • !, 11..--.-tin:•,,, r.: ?it ,,.• ''' -•,, . L OC A 770A/ MAP 0 • I .SC../ / #JJJ a Pb ,..oe OM . • • c 0 . r ! .. .11 [ . i - Daa.r..1$ .9.4 I? t i #er . • *i .,. Vil';‘. ! : i :ik • 0 l• 1 1 .4 2,1 Dr LA f A Yu.' • " e - : 7.' ,•11 '•••• r • ;;::p, / —Ad:a • - it • l. . _ 0 ii• 'i° 1A • .. %.2''. ••. . i • 1 e; „ .. I se' "t 'I 0 I - —-"------ • - — - - .- —--- • 1 I II I I . 1 I • Ci.th• . I : 214setdat a San* ... • i • RESOLUTION NO. 6495 ' A RESOLUTION OF THE tITY COUNCIL OF TILE CITY. OF CUPERTINO ALITIIORIZING THE EXECUTION OF A QUITCLAIM DEED FOR REAL PROPERTY, QUITCLAIMING TO THE CUPERTINO UNION SCHOOL DISTRICT • • OF SANTA CLARA COUNTY OF APPROXIMATELY 11. 204 ACRES TOTAL, AT JOLLYMAN AND HOOVER SCHOOL SITES WHEREAS, the City of Cupertino and the Cupertino Union School District of Santa Clara County have executed an agreement for the purchase of real property at Jollyman and Hoover School sites; and • WHEREAS, the agreement requires an adjustment in the amount of land to be purchased for the Cupertino Union School District of Santa Clara County; and WHEREAS, pursuant to said agreement, changes in the descriptions require that a grant deed to the City be corrected to correspond with the final map for both Jollyman and Ho over sites, as more particularly described in Exhibits "A" and "B" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are authorized to execute the Quitclaim Deed, and the city is authorized to deliver the deed to California Land Title Company for recordation in accordance with existing escrow instructions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino held on the -1LI1 day of February , 1985, by the following vote: Vote Members of the City Council AYES: Catto, Plungy, Rogers, Sparks, Johnson NOES: None. ABSENT: Noce • ABSTAIN: None ATTEST: APPROVED: • /s/ Dorothy Cornelius is/ Phil N. Johnson City Clerk Mayor, City of Cupertino INgTRU Is TD CERT T HE err Al pN Y FAND ceTHAT - WITHIN EST /;'. c� LE IN firs E aenCE Orly CCEA �— 9y T'FI� C17y, OF ' ' Itres e CITY �/� RK P• _4. �-�. //1( UIiSCIt] 1''l'lUN 516I " t 513 • Lands of Cupertino Union School District (Hoover ) to be Conveyed to the City of Cupertino • All that certain real property situate in the City of Cupertino, County of Santa Clara , State of California, being more particularly described as follows : BEGINNING at • an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No . 1 a map of which was filed for record in Book 115 of Maps at page 2 , Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592 ; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. 2592 , S00°03 ' 25"E 138 . 61 feet to a point in a line parallel with and distant , Northerly, 19 . 00 feet , measured at right angles , to the centerline of Leeds Avenue , as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line , S89°58 ' 10"W 4 . 99 feet; thence leaving said parallel line , Westerly and Southerly , the following courses : along a tangent curve to the left with a radius of 539. 00 feet through a central angle of 23 °33 ' 56" for an arc length of 221 . 69 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 501. 00 feet through a central angle of 20 °04 ' 58" for an arc length of 175 . 61 feet to a Point of Compound Curvature; along a tangent curve to the right with . a radius of 42 .00 feet through a central angle of 21° 34 ' 47" for an arc length of 15. 82 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 42 . 00 feet through a central angle of 127° 57 ' 55" for an arc length of 93 :80 feet to a Point of Reverse Curvature; along a tangent curve to the ' r,ight with a radius of 42. 00 feet through a central angle of 19 ° 52 ' 06" for an arc length of 14 . 56 feet; S00°01 ' 50"E 171 . 65 feet ; along a tangent curve to the right with a radius of 42 . 00 feet through a central angle of 19°52 ' 06" for an arc length of 14 . 56 feet to a Point of Reverse Curvature; along a tangent curve to the' left with a radius of 42 . 00 feet through a central angle of 85°07 ' 28" for an arc length of 62 .40 feet; 500°01 ' 50"E 198. 89 feet to the intersection thereof with a line which is parallel and distant , 30 . 00 feet , Northerly of the monument line of BARNHART PLACE, as shown on Tract No . 4254 , a map of which was filed for record in Book 222 of Maps at page 15, Santa Clara County Records; thence, Westerly, along said parallel line , N85°57 ' 49"W 201 . 80 feet , more or less , to a point in a Easterly iin'e ' of said Tract No . 4254 ; thence along said Easterly line , N00°08 ' 34"W 708 . 67 feet to the intersection thereof with a Southerly line of said Tract No. 2592 ; thence leaving said Easterly line of Tract No . 4254 , Easterly, along said Southerly line of Tract No. 2592 , N89° 30 '30"E 639 . 21 feet to the POINT OF BEGINNING. Containing 5 .00 acres of land , more or less. Prepared by the firm of MACKAY 6 SOMPS San Jose , California , . _ . .N............N. - . . . . . . •. .7;z7P-t-=-1. f 1-7-7717-:":. .t•-:-1 . - . . :—./ ..--- ..... . it,-i .r.e-otpn -• —_t .:,. --:7 :14: .-?'.'i rtai,- . —__ _. . --•- --_ : .. . . .. ' • " : i . . ,.. _. . • • . . . • . ,a __:„......ixiati4sr: f:. .‘,......,„...„-.• . L O C AT/0 if MAP 1 . . . . •.% . . ....-. ::. • . . . z.. :,- 4,..-.....: .....,_...• 1 - • .“..;. 7. A:iii..1 ' --- --— le -it ' 4.1t---ebtitcrt--— ':::P . - • ....• _, I _ . a ....: . _ 1.: . •i•:.:. a . 1 - i: . t I 1 ,. i il . . . .. . , . i: , ..-rd.., •' ••-...7. .. '• .-. - • . 14. ": . ,...... . .. N i H.1 -..? trz• • • ,.. . . i . .... . • . .. . . . ---- . . .i...:...,.- ---c• _—_- . . . k -..:.,- I ...“ ....... . . I. . ..., - -.. J.:.:, /.../.•Oz 50....• - ,. •a. l• • • VeCiati40 lif SOSAI4 • . ., .......... ......... .^:-...........s.nr,----r ,...-...V.::-: .. ' . . . . . . . . . . , . . . . . . . . .. E){1ipiT " B" I516 "rl: 514 '. • ; tal, •. • 9786 4 -6-84 . E . T . . • DESCRI 1'T IUN Lands of Cupertino Union School District to be Conveyed to the • City of Cupertino All that real property situate in the City of Cupertino, County of Santa Clara , State of California being a portion of that certain 11. 184 acre parcel of land , as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36 , • Santa Clara County Records, and being more particularly described as follows : BEGINNING at the Northeasterly corner of said 11 . 184 acre parcel of land , said Northeasterly corner lying in the most Northerly line of said Record of Survey; thence from said POINT OF BEGINNING, Westerly , along said Northerly line , West 463 . 42 . feet to the general Westerly line of said Record of Survey; thence leaving said Northerly line , Southerly , along said Westerly line , South 220 . 00 feet to an angle point in said Westerly line and the TRUE POINT OF BEGINNING of this description; thence from said TRUE POINT OF BEGINNING continuing along the Southerly prolongation of • last said Westerly line , South 193 .00 feet; thence leaving said Southerly prolongation, East 401 . 49 feet to the general westerly line of that certain parcel of land as described in a, Grant Deed . to the City of San Jose , a municipal corporation, for street purposes and recorded October 5 , 1965 in Book 7128 of Official Records at pages 4.2 and 43 , Santa Clara County Records; thence . along last said general Westerly line , Southerly , the following courses, from a tangent which hears S03° 33 ' 44"W along a curve to the left with a radius of 65 . 00 feet through a central angle of 39° 19 ' 19" for an arc . length of 44 . 61 feet to a Point of Reverse . Curvature; along a curve to the right with a radius of 15 .00 feet through a central angle of 35° 45 '35" for an arc length of 9 . 36 feet; South 163. 23 feet ; along a tangent curve to the left with a radius of 65. 00 feet through a central angle of 39°48 '00" for an arc length of 45 . 15 feet to a point in the general Northerly line of Parcel ,3 , as said parcel is described In that certain Grant . Deed from Cupertino .Union School District to Claude T. Linsay , Inc . , recorded February 21 , 1962 in .Book 5474 of Official Records page 606, Santa Clara County Records ; thence leaving said general Westerly line , along last said general Northerly line , 550°12 ' 00"W 36 .56 feet to the Westerly line of last said deed; thence Southerly , along the Westerly line of said deed , ' South 101. 75 feet to a point in the Northerly- line of Tract No . 2483 , a map of which was filed for record in Book 112 of Maps at page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°59 ' 00"W 599. 49 feet to the intersection thereof with the Northeasterly line of Tuscany Place , .as shown on Tract i No . 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14 , Santa Claca County Records; thence leaving yr • 15.16 515 • • 97bu Page two • • said Westerly prolongation , along the Northwesterly prolongation of said . Northeasterly lith nf. Tuscany Place ` the following courses : N43° 01 ' 27"W 28 . 06 feet. ; along a tangent curve to the right with a radius of 24 . 00 feet through a central angle of 52° 01 ' 12" for an arc length of 21 . 79 feet to a Point of Reverse Curvature ; :along a curve to the left with a radius of 28. 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 .42 feet; N43°01 ' 27"W 24 . 73 feet to a point in the general Westerly line of said Record of Survey ; thence leaving said Northeasterly line of Tuscany Place , along the general Westerly line of said itecord of Survey the following courses : N50 ° 11 ' 11"E 164 . 60 feet; • North 74 . 00 feet; West 96 . 15 feet ; North 312 . 00 feet and East 215 . 15 feet to the TRUE POINT OF BEGINNING of this description . Containing 6 . 204 Acres of land , more or less. • Prepared by the firm Of MACKAY & SOMPS San Jose , California • • • • • • • • • • • I . . • . . •.. . • . . — 1 r 77 1_ -1 - •''—"II .1.1 .- - .' • • . r • • • • i I _ . • : • r • - .. .. ..-. 1.! .--- - - • • 7.41 ..:, - :_,:.:.-:- •ri . . % . .1%, ; - ,... I. -• ..- ‘...- • . n". .1 I • - a 11, ' . . •••-••• . L 0 C a 7"/0.4/.k.14 7.. . • . . - ..... - . . I •-1 : .re -,. -N.' • . C. i 1 , I ' ! ., •••,, ,'''''-,-- --,, ..,.: ,I-- • , .. --1- •••• ...`• • ., , . s•..,, 0,,;„ . - .., 111 .i. -- .... . ., .„ ... ..„.., .. , ..,.• - - - 1 • . 2 _... _._ .• : . .. ,;;•1,-t. -• 7".... • • 1. . . ZJ . Z.,..• 0..:.1 ,CI I .......- strf.C7 • _ _____ _ — kn. ... . . , .... . 1 . . :.;.'....- ' .--- 1 i . . . • . . I 1 Wag 7.t.ay & Saafts - . - • -' _ . . . .. . . . . . . . ., . • . • . . . . _ • • RESOLUTION NJ. 1273 RESOLUTION AUTHORIZING ACCEPTANCE OF QUITCLAIM OF PROPERTY AND AUTHORIZING CONVEYANCE OF A PORTION OF THE HOW ER AND JOLLYMAN SITES TO THE CITY OF CUPERTINO • WHEREAS, the Cupertino Union School District (hereinafter "District") and the City of Cupertino (hereinafter "City") have previously entered into an agreement dated April 20, 1984 regarding the sale of portions of the Jollyman and Hoover School sites to the City and the development and sale of the balance of said sites; and • WHEREAS, District has transferred to City portions of said sites pursuant to said agreement; and WHEREAS, a minor revision is necessary in the property description of the portion of the Jollyman and Hoover sites transferred to City; and WHEREAS, it is necessary for the District to accept a quitclaim from the City of the property originally transferred and to reconvey to City the properly described parcels; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Cupertino Union School District shall accept the quitclaim of the property described in Exhibit A attached hereto and incorporated herein; and 2. That the Cupertino Union School District shall convey to the City of Cupertino the property described in Exhibit B attached hereto; and 3. That the Superintendent or designee is hereby designated and directed to sign all necessary documents on behalf of the District to effectuate these conveyances and sign the final subdivision naps. PASSED AND ADOPTED by the Board of Education of the Cupertino Union School District, County of Santa Clara , State of California, this 12th day of February , 19 85 , by the following vote: AYES : Members Barram, Chell , Halstead, McKinley, White NOES : None ABSENT: None 'Kr; Member I Member - � I r • I Member ! Mater Herber J DESCUIPIIUN -- I516 513 . [,ands of Cupettino Union School District (Hoover ) to be Conveyed to the City of Cupertino • All that certain ' real property situate in the City of Cupertino, County of Santa Clara , State of California , being more particularly described as follows : . BEGINNING at • an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in Book 115 of Maps at page 2 , Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592 ; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No . 2592 , S00° 03 ' 25"L•" 138 . 61 feet to a point in 'a line parallel with an ] distant , Northerly , 19 . 00 feet , measured at right angles , to the centerline of Leeds Avenue , as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line , 5:19 °58 ' 10"W 4 . 99 feet ; thence leaving said parallel line , Westerly and Southerly, the following courses : along a tangent curve to the left with a radius of 539 . 00 feet through a central angle of 23°33 ' 56" for an arc length of 221 . 69 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 501 . 00 feet through a central angle of 20004 ' 53" for an arc length of 175 . 61 feet to Point of Compound Curvature; along a tangent curve to the right with . a radius of 42 . 00 feet through a central angle of 21° 34147" for an , arc length of 15. 82 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 42 . 00 feet through a central angle of 127° 57' 55" for an arc length of 93 :80 feet to a Point of Reverse Curvature ; along 1 tangent curve to the ' r/lght with a a sun of 42 . 00 feet throb .j cenv- rag angle of 19 ° 52706" for .,n arc length of 14 . 56 feet : SG0 ' 0i ' SU" E 171 . 1.5 feat ; along a ta:•.7.5nt vurvo tr' ri•;ht with a rads ..; of 12 . 4 'u I •_ .'t. through a antral anile of P0' ". 2 . 06" for AN arc 141.7 .:1 f ' to a Point 6:f 1 ..,•.ierse Curvature; along a tangent curve .. th— left with a ra•.11 .:s of 42 . u0 le•' L through a central anile of 85 °u7 ' 2S " for an arc lengtn of 62 . 40 feet; S00°.01150" E 198 . 89 feet to the intersection thereof with a line which is parallel and distant , 30 . 00 feet , Northerly of the monument line of BARNHART PLACE, as shown on Tract No . 4254 , a map of which was filed for record in Book 222 of Maps at page 15, Santa Clara County Records; thence, Westerly, along said parallel line, N85° 57 ' 49"W 201 . 80 feet , more or less , to a point in a Easterly line ' of said Tract No . 4254 ; thence along said Easterly line , 1,00°08 ' 34 "W 708 . 67 feet to the intersection thereof with a Southerly line of said Tract No. 2592 ; thence leaving said Easterly line of Tract No . 42514 , Easterly, along said Southerly line of Tract No. 2592 , ;189° 30 ' 30"E 639 . 21 feet to the POINT OF BEGINNING. Containing 5 .00 acres of land , more or less . Prepared by the firm of MACKAY & SOMPS San Jose , California Fr ',J £ /1;&iT " A 516-i 51i 97u( • • 4 - 6-114 • • DI;SCltlI luN • Lands of Cupertino f'nlon School District to he Conveyed to the • City of Cupertino All that real property situate in the City of Cupertino, County of Santa Clara , State of California being a portion of that certain 11 . 184 acre parcel of Land , as shown on that Record of Survey , a map of which was filed . for record in book 131 of Maps at page 31, , .anti Clara County Records, and being more particularlyriescr1bed as follows : BEGINNI:4G at the Northea.;terly corner of said 11 . Lb ; ac1 '? 1;•lrcel of land , said Northeasterly corner lying in the most Northerly line of said Record of Survey; thence from said POINT OF BEGINNING, Westerly , along said Northerly line , West 463 . 42 feet to the general Westerly line of said Record of Survey; thence leaving said ;Northerly line , Soutn rLy , along sato Westerly line , South 220 . 00 feet to an an71e paint 111 said Westerly line and tar' TRUE PuI :YC OF BEGL;INING of this description; thence from said TRUE • POINT OF BEGINNING continuing along the Southerly prolongation of last said Westerly line , South 193 . U0 feet; thence leaving said Southerly prolongation, East 401 . 49 feet to the general Westerly line of that certain parcel of land as described in a, Grant Deed to the City of San Jose, a municipal corporation, for street p'lr;'oses anti recorded IJCtOtJ'?r 5 , 1'l' 5 in Book 712 -i of Official fJ.,.r.rd;, at nag.,3 4.2 and 43 , :;ar,l.a Clara 1/4.u,inty Records ; . th• ilea ainn'I 1.1.rt said ger:nr ;: i .; t: . 1 i '. 1 :. Sir.:tcmerll , tale Lot i .'.;ir,q I enir ;r : fr ,' :, a van ;-.;r .: :cil 1: 2:lr ' Su ,` 33144' W alc'n a -u: .-0 t :; t h e left with i t [ v 1 Eli: :; o 5 . o(, t r'•' t L;1 r o', l b a central :n'_; t o '' ; 31' l9 ' 19" for an arc 1'. . :'1 of 44 . '., i feet to a Point r,fR+. • :1 :; Curvature; along a curve to the riyht with a radius of 15 . 00 . .�• t through a central angle of 35° 15 ' 35" for an arc lenytn of ) . 36 feet ; South 163 . 23 feet ; along a tangent curve to the left with a • radius of 65. 00 feet through a central angle of 39°48 ' 00" for - an arc length of 45 . 15 feet to a point in the general Northerly line • of Parcel 3 , as said parcel is described In that certain Grant ' • ' Used from Cupertino Union School District to Claude T. Linsay , Inc . , recorded February 21 , 1962 in book 5474 of Official Records page 606 , Santa Clara County Records ; thence leaving said general Westerly line , along last said general Northerly line , S50'12 ' 00"W • 36 . 56 feet to the Westerly line of last said deed ; tll'•rmce Southerly , along the Westerly line of said deed , South 101 . 75 feet to a point in the Northerly 117 of 'Tract No . 24H ] , a map of winch was filed for record in Book 112 of maps at pale 35 , Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89° 59 ' 00"W 599. 49 feet to the intersection thereof with the Northeasterly line of Tuscany PlQce , .as shown on Tract No. 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14 , Santa Claca County. Records ; thence leaving r EXF{,'a;r'' � 5.16 515 97h6 Page two - nnid WerLer ] y prolongation , alone Ila• Northwt•t;tctly ;nolonriat ton of nairl . Northeaster 1y line of 'I'u ;:cany {'lace the following course: : N41° 01 ' 27'W 28 . 06 feet ; along a tangent calve: to the right with a radius of 24 . 00 foil through a central angle of 52°01 ' 12" for an arc length of 21 . 79 feet to a Point or Reverse Curvature; 'along a curve to the left with a radius of 28. 00 feet through a central angle of 52° 01 ' 12" for an arc length of 25 . 42 feet; N43°01 ' 27"W 24 . 73 feet to a point in the general Westerly line of said Record of Survey ; thence leaviny said Northeasterly line of Tuscany Place , along the general Westerly line of said Record of Survey the following '-nurses : l50 ° 11 ' 1. 1"f•: 1.64 . 1-3U fent ; North 74 . n0 foot; West 96 . 15 L '•••I ; North 312 . 00 feet ?rid East 215 . 15 feet to the TRUE POINT OF PG: I ;:NlNc; of t:iir; descriplion . Containing 6 . 204 Acres of land , pI' ,rI! or less. • Prepared by the firm cl MACKAY & SUMPS San Jose , California • . • '2 ,Al • EXHIBIT "B" 10-9-84 E.T. • Rev. . 1/14/85 DESCRIPTION Lands of Cupertino Union School District ( Hoover ) to be Conveyed to the City of Cupertino for Park Purposes All that certain real property situate in the City of Cupertino', County Of Santa Clara, State of California , being more particularly described as follows : BEGINNING at an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in Book 115 of Maps at page 2, Santa Clara County Records, • said angle point being also the Southeast corner of Lot 47 as shown on said Tract No. 2592 ; thence from said POINT OF BEGIIIIIING Southerly along a Westerly line of said Tract No. 2592 , S00°03 ' 17'E 138 . 72 feet to a point in a line parallel with and distant , Northerly , 19 .00 feet , measured at right angles , from the centerline of Leeds Avenue, as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line, S89°58 ' l0'W 4 . 99 feet ; thence leaving said parallel line, Westerly and Southerly, the following cournes : along a tangent curve to the left with a radius of 319 . 00 feet through a central angle of 16° 26 ' 10' for an arc length of 91 . 51 feet ; +73° 32 'W • 206 . 68 feet ; along a tangent curve to the right with 4 radiur: of 251 . 00 feet through a central angle of 16° 26 ' 10' for an arc length of 80 . 61 feet ; S89°58 ' 10'W 4 . 42 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17' for an arc length of 15. 07 feet to a Point of Reverse Curvature ; along a tangent curve to the left with a rauius of 45 . 00 feet through a central angle of 128° 22 ' 35' for an arc length of 100 . 83 feet to a Point of Reverse Curvature ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19° 11 ' 17 ' for an arc length of 15 . 07 feet ; S00°01 ' 50" E 163 . 04 feet ; along a tangent curve to the right with a radius of 45 . 00 Eeet through a central angle of 19°11 ' 17' for an arc length of 15 . 07 feet , to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 55° 51 ' 14 " for an arc length of 43 . 87 feet ; S00°01 ' 50" E 216 . 13 feet to the intersection thereof with a line which is parallel and distant , 30 . 00 feet , Northerly of the monument line of BAR;IHART PLACE, as shown on Tract No . 4254 , a map of which was filed for record in Look . ::2 of Maps at page 15, Santa Clara County Records ; thence , Westerly, along said parallel line , 1185° 57 ' 14 'W 195 . 28 feet , more or less , to a point in a Easterly line of said Tract No . 4254 ; thence along said Easterly line, N00 °07 ' 59'W 708 . 70 feet to the intersection thereof with a Southerly line of said Tract No. 2592 ; thence leaving said Easterly line of Tract No . 4254 , Easterly , along said Southerly line of Tract No . 2592, 1189° 30 ' 32" E 639 . 10 feet to the POINT OF BEGINNING . Containing 5. 054 acres of land, more or less . • Prepared by the firm of MACKAY 6 SOMPS San Jose , California . • 'CANT "3" 00,12D/1D 9786-1 10-17-8.4 E.T. • DESCR; P'r ; JN Lands of Cupertino Uni r: School District • to be Cnnveye : to •the City of Cupertino All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of that certain' 11 . 184 acre parcel of land, as shown on that Record of Survey, a, map of which was filed for record in Bb..,k 13L of Maps at page 36, Santa Clara . County Records, and being more particcul<arly described as follows : BEGINNING at an angle point in the :general Westerly line of above said 11..184 acre parcel , said point being also the Southeasterly corner of that certain 3 . 2 acre parcel of land described in a GRANT DEED from Alice ' Jollyman, et al , to Hugh Phillips , et al, and recorded in Book' 1652 Official Records at Page 213, S11nta Clara County Records ; thence from said POINT OF BEGINNING, along the Southerly prolongation of the Easterly line- of said 3.2 acre parcel the following courses : South 132 .05 feet, along a tangent curve to the right ,with a radius of 42 .00 feet through a central angle of 19° 52 ' 06" for an arc length of 14 . 56 feet- to a POINT OF REVERSE CURVATURE, along a curve to the left with a radius of 42 . 00 feet through a central angle of 129°44 ' L2" for an arc length of. 95 . 10 feet to a POINT OF REVERSE CURVATURE, along <i curve to the right with a radius of 42.00 feet through a central angle of 19'52 ' 06" for an arc length. of 14. 56 feet , East 318 . 32 feet, along a curve to the right with a radius of 20.00 feet through a central angle of 76°04 ' 13" for and arc length of 26. 55 feet to a POINT OF REVERSE CURVATURE. and a point in the Westerly line of that certain parcel of land as described in a GRANT DEED to the City of San Jose, a municipal corporation, for street purposes and recorded October 5 , 1965 in Book 7128 of Official Records at pages 42 and 43, Santa Clara County Records; thence along last said Westerly line, Southerly, the following courses ; along a curve to the left with a radius of 65.00 feet through a central angle of 21'49 '48" for an arc length of 24.77 feet to a POINT OF REVERSE CURVATURE; along a curve to the right with a radius of 15 .00 feet through a central angle of 35°45 ' 35" for an ' arc length of 9 . 36 feet; South 163 . 23 feet; along a tangent curve to the left with a radius of 65.00 feet through a central angle of 39°.48 ' 00" for an arc length of 45 . 15 feet to a point in the general Northerly line of . Parcel 3 , as said parcel is described in that certain GRANT DEED from the Cupertino Union School District to Claude T. Lindsay, Inc. , recorded • February 21 , 1962 in Book 5474 of Official Records Page 606, Santa Clara County Records; thence leaving said Westerly line, along last said general Northerly line S50°12 ' 00"W 36 .56 feet to the Westerly line of last said deed; thence Southerly, along the Westerly line of said deed, South 101 .75 feet to a point in the Northerly line of Tract No : 2483, a map of which was filed for record in Book 112 of Maps ' at page 35, Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°59 ' 00"W 599 .52 feet to the intersection thereof with the Northeasterly line of Tuscany Place, as shown on Tract No. 5835 a map of • which was filed for record in Book 375 of Maps at pages 13 and 14, Santa Clara Count Records; thence leaving said Westerly prolongation, along the. Northwesterly prolongation of said Northeasterly line of Tuscany Place the following courses : N43°01.' 37"W 28.06 feet , along a tangent curve to the right with a radius of 24 .00 feet through a central angle of 52'.01 ' 12" for an arc length of 21 . 79 feet to a POINT OF REVERSE CURVATURE; along a curve to the left With a radius of 28 .00 feet through a central angle Of 52 °01 ' 12" for an arc length of 25 .42 feet; N43°01 ' 37"W 24.73 feet to a point in the general Westerly line of Said . Record of Survey; thence along the general Westerly line of said Record of Survey_ the following courses: N50°11 ' 11"E 164 .77 feet; North 74 .00 feet ; West ' 96. 14 feet; ' North 312 .00 feet and East 215.04 feet to the POINT OF BEGINNING ,of this description. Containing 6. 157 acres of land, more or less . • Prepared by the firm of MACKAY & SOMPS San Jose, California 11r- CF0057-F R/W AER & .UG (2/84) ; THIS SPACE FOR RECORDER'S USE rr P. B. COPY I RECORDED AT THE REQUEST OF 8353312 • PACIFIC B • I ——r • ORSELPQPY } 1i FI!ED FOR RECOR� i — J, AT it[r i.1FS3 _J NUICL k;rpF MAB 15 312 PH '85' PACIFIC I3ELL i CfI ICTAL RF ;ORDS 1333 LAWRENCE EXPRESSWAY SANTA CLARA COUNTY SUITE 300 it ' 1 j • • �) '+ ;' '; • ,.i GEORGE A MANN SANTA CLARA, CA 95051 I ••• " ;� •` RE';ICTRAR RECORDER ATTN: PETER H. WALDE ; NO DOCUMENTARY TRANSFER TAX DUE. BY FILE: TN7682 ; PACIFIC BELL R/'W AGENT GRANT OF EASEMENT APN: 366-16-36 GEO: N4-78 SNJS12 CUPERTINO_ y. CAT: "B" LOC: TRACT 7682 JOB: N4-XXXX BK: The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, its associated and allied companies, its and their respective successors, assigns, lessees and agents (hereinafter collectively called "grantees"), Grantee, its successors and assigns, an easement to construct and maintain (place, operate, inspect, repair, replace and remove) such aerial and underground communication facilities as Grantees may from time to time require (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, cables, wires, crossarms, conduits, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances in, over, under and upon that certain real property in the County of Santa Clara, City of Cupertino, State of California, described as: All that certain real property which is delineated and designated as P.U.E. (Public Utility Easement) Lots 1 thru 27 as shown and delineated on the map entitled "TRACT NO. 7682", which map was filed in the office of ,the Recorder, of the County of Santa Clara, State of California, on in Book ,5-4® of Maps at Page(s) WI3/ Grantor(s) also grant(s) to Grantees the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. Grantees shall be responsible for damage caused intentionally or by any negligent act or omission of Grantees, its agents or employees while exercising the rights granted herein. Executed this ; ' day of /%'i14.(/,1 19 , CUPERTINO UNION SCIOOL 'ISTRICT Yv to del Prado, 'Supervisor STATE OF CALIFORNIA CFOO54Q }SS • County of /,:G;%f C //tiAjf On this//h/day of i/IY/Y// , 19 , before me, a Notary Public of the State of california, duly commissioned and sworn, personally appeared, ;!fJJf' zl'c f"p'>, r personally known to me; proved to me on the basis of satisfactory evidence; to be the person(s) who executed the within instrument as the ;f f'!S(4/Goev and on behalf of the who executed the within instrument on behalf of the FF /./rC' ! '/. ,' /. -T •- /o/;Z''ll the school district that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said school district and acknowledged to me that such school district executed the same. • Witness my hand and official seal I{ .. . . ... .. .,._y , !' JNNIA / • NOTARY PUBLIC in and for sai¢ State GVUUDJ-F R/W AUR 5 Ul, 1:,0'+) uInUe PUtt ncwRUC. 'a U.jc iEr .42 Li `' � �; I 8353313 PACIFIC BELLil FILED FOR RECORD WHEN RECORDED RETURN T0: ; C / At r ' If`' 'II PACIFIC BELL •— MAR 15 3 12 PH '85. 1333 LAWRENCE EXPRESSWAY SUITE 300 i OFFICIAL RECORDS SANTA CLARA, CA 95051 i NTA �AORGE AAMANN COUNT': ATTN: S. J. PETROCCHI 1 NO DOCUMENTARY TRANSFER TAX Dliit4I TRAR RECORDER FILE: N48539UG ; PACIFIC BELL VW AGENT GRANT OF EASEMENT APN: 359-253 GEO: 114-78 SNJS12 CUPERTINO • CAT: "B" LOC: TRACT 7683 JOB: N4-8539U BK: • The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, its associated and allied companies, its and their respective successors, assigns, lessees and agents (hereinafter collectively called "grantees"), Grantee, its successors and assigns, an easement to construct and maintain (place, operate, inspect, repair, replace and remove) such aerial and underground communication facilities as Grantees may from time to time require (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, cables, wires, crossarms, conduits, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances in, -\: over, under and upon that certain real property in the County of Santa Clara, State of California, described as: All that certain real property which is delineated and designated as u P.U.E. (Public Utility Easement) Lots 1 thru 19 as shown and delineated L on the map entitled "TRACT NO. 7683", which map was filed in the office of the Recorder, of the County of Santa Clara, State of California, on — , in Book 540 of Maps at Page-0 3 # 13 -- Grantor(s) also grant(s) to Grantees the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. Grantees shall be responsible for damage caused intentionally or by any negligent act or omission of Grantees, its agents or employees while exercising the rights granted herein. ' Executed this /: .% day of .Ihe carei 1915 CUPERTINO UNION SCI!" D _..'IC'f • Yv- to del Prado, Supervisor STATE OF CALIFORNIA CF0054Q i }SS County of,c./,t.,t/ .. i.:c.L.t.a ti 1 On this - day of list.-r..c..6 19 ';_, before me,/grt,f a Notary Public9 the State of California, duly commissioned and sworn, personally appeared, '- tEe. V personally known to me; proved to me on the basis of satisfactory evidence; to be the person(s) who executed the within instrument as the and • on behalf of the who executed the within instrument on behalf of the wF i'L4, a :'i,r«.. _- ' ;, o r- �7-r.e-e the school district that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said school district and acknowledged to me that such school district executed the same. ,.•�,� ..T. �... , , Witness my hand and official seal • ` <. t /. NOTARY PUILIC in and for said State + ..ten'....u... • 8353314 • Order No. , Escrow No. �. Loan Not < • ' FILED FOR RECORD • WHEN RECORDED MAIL TO: AT rt r.7ES;1 rip Twp . , ,,r - 'y. y ! •,� 'y ' - ._.I_ {{• ; �a �; .In.l,:rsr . -r 4 I I�AR I5 3 12 PH ,,.a ii 41 . t.., , '85 OFFICIAL RECORD SAN!;. CLARA COUNTY SPACE ABOVE T FFtt��F' 0640ii rliDER'S USE 1"fiF aN rYAG�t,PuEn MAIL TAX STATEMENTS TO: CITY TRANSFER TAX S DOCUMENTARY TRANSFER TAX $ SURVEY MONUMENT PRESERVATION FUND S Computed on the consideration or value of property conveyed;OR 7:1'14;4 «;,4 w N c,i i(,, r1- 1;1:j,. f�•�;A'Ci i� • +1 - Computed on the consideration or value less liens or encumbrances I' `` remaining et time of sale. Signature of Declarant or Agent determining tea —Firm Name ►.IOThd Dur A. P. N GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY, which acquired • title as Cupertino School District of Santa Clara County hereby GRANT(S) to CALIFORNIA LAND TITLE COMPANY OF SANTA CLARA COUNTY, a California Corporation PURSUANT TO TERMS AND CONDITIONS OF HOLDING AGREEMENT NO . 85-119 the real property in the City of CUPERTINO County of SANTA-CLARA , State of California, described as THOSE CERTAIN LOTS DESIGNATED AS LOTS 1, 2, 3, 4, and 5 OF TRACT 7682, TITLED FOR RECORD @. BOOK SIG OF MAPS, PAGE An, SANTA CLARA COUNTY RECORDED/44gal( , 1985. • • Dated -f.�/✓ <� /f CUPERTIND UNION Sam. blSIRICI OF STATE OF CALIFORNIrA� �r 9 SAMA CLARA �1J 11 )ss. • COUNTY OF >4i-/.(d--( /,t;.f�sT..•' I . . //I y�/J On 7/2461-ell-:1" //I - f;.'11: 1.- " GlLJ ,� before me,the undersigned,a Notary Public In and for ✓y said Slate,personally appears Z_. + l . • 'f�etr• -. personally known to me(or proved 10 me on the basis ofbatis• lactory evidence)to be the person(s)whose name(s)le/ere sub- -fff7-INnM�MMtVf1t OFFICIAL SEAL • scribed to the within instrument and acknowledged to me that ; BETTY L SSABOLT he/she/they executed the same. NOTARY PU3LIC-GUfORNN •.' SANTA CLARA COUNTY WITNESS my hand and official seal. My Commission Expires Mar.7 1968 • :r. Signature /4 CC�t..�a k.l_<_.4 'i<-f� (This area for official notarial ell FORM #4280 (Rev.) 3/E • • F•L'CORDIru RE4UES TED aY • RE •• `'.,:. `' t .I rf 1.. �..' .r' �.. 8353309 • i. RECORD INEN hICJFOEO MAIL '0 FILED FOR RECORD Al it C:21.1ES1 I�r �., i'. , ;,a..,f, a a1•• i n9 1; 'y',.i .,•;� r••is1.i itri .•• . i�• '• ) �'1AR 15 3 10 PH '85 ours v n OFFICIAL. RECORDS — • SANTA CLARA COUNTY. I• r n .E ABOVE THIS LIN GEORGE A MANN ERtn!IIRFbits RTIC o RDE N Grant Deed The undersigned grantor(s) declare(s): I ,/ Documentary transfer Lax is $ N0 Ts1h Due— ( ) computed on full value of property conveyed. ur ( ) computed on full value less value of liens and encumbrances remaining at time of sale. 1 1 Unincorporated area: 1 X 1 City ol...GUP.FRTINQ_ , I I Realty not sold. • FOR A VALUAI3LE CONSIDERATION, receipt of which is hereby acknowledged, CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY, which acquired title as Cupertino School District of Santa Clara County hereby GRANTS) to CITY OF CUPERTINO, a municipal corporation • that property In THE CITY OF CUPERTINO, SANTA CLARA County, Slate of California, described • as: SEE EXHIBIT 'IA" ATTACHED HERETO AND MADE A PART HEREOF • 4 • • • • • • SAME AS ABOVE _ Mail tax statements to---.. CUPERTINO UNION SCHOOL DISTRICT OF Date _ JANUARY 11, 1985 SANTA CLARA COUNTY — STATE OF CAI.IF(IINIA� s 1 • COUNTY OF -.t.5(.-7,Ci✓ ( � ,•��.t/ S's. ' dor On _ �.. before me, lite nu! vuo.l. BY:Aerzeri /�� / % a Notary Public in and fur "aid Sttp.te, personally appeared personally ItlitA n to inc tor proved to me un 1.1w basis of - - --- --- -- entlsfactory evidence) In be the person_ whose mune subscribed to the within instrument and acknowledged that �' u-• executed the same. Witness my handand official seal — --- s enure 1 —••-.-I-_.- � _ • • FFICIAL SEAL. K 'i . DOEIN rAOLTHett L. Seabolt NOTARY r•rac-c.udf>MLA \MTV' i.p111 er Proved) SANTA CLA{..COUNTY My Commission Expi:ea Lar. 7 1688 I Ila JU11 MAIL TAX STATEMENTS AS DIRECTED ABOVE 111 , 01,/ liti$IT A 9787- 1 10-9-84 , E. T. • Rev . 1/14/85 DESCRIPTION Lands of Cupertino Union School District ( Hoover ) to be Conveyed to the City of Cupertino for Park Purposes All that certain real property situate in the City of Cupertino, County of Santa Clara , State of California , being more particularly described as follows : BEGINNING at an angle point in the general Westerly line of Tract . No . 2592 Normandy Hills Unit No . 1 a map of which w'is filed for record in Book 115 of Maps at page 2 , Santa Clara County Records , said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592 ; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No . 2592 , S00°03 ' 17" E 138 . 72 Eeet to a point in a line parallel with and distant , Northerly , 19 . 00. feet , measured at right angles , from the centerline of Leeds Avenue , as said centerline is shown on said map; . thence leaving said Westerly line , along the Westerly prolongation of said parallel line , S89° 58 ' 10'W 4 . 99 feet ; thence leaving said parallel line , Westerly and Southerly, the following courses : along a tangent curve to the left with a radius of 319 . 00 feet through a central angle of 16° 26 ' 10" for an arc length of 91 . 51 feet ; S73° 32 'W 206 . 68 feet ; along a tangent curve to the right with a radius of 281 . 00 feet through a central angle of 16 °26 ' 10 " Eor an arc length of 80 . 61 feet ; S89°58 ' 10"W 4 . 42 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 128 ° 22 ' 35" for an arc length of 100 . 83 feet to a Point of Reverse Curvature ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet ; S00°01 ' S0' E 163 . 84 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet . to a Point of Reverse Curvature ; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 55° 51 ' 14 ' for an arc length of 43 . 87 feet ; S00°01 ' 50" E 216 . 13 feet tothe • intersection thereof with a line which . is parallel and distant', • 30 ..00 feet , Northerly of the monument line of BARNIIART PLACE , as . shown on Tract No . 4254 , a map of which was filed for record in Book 222 of Maps at page 15 , . Santa Clara County Records ; thence , Westerly, along said parallel line , N85° 57 ' 14"W 195 . 28 feet , more or leasy '; to a point in a Easterly line of said Tract No . 4254 ; thence : ..*•. along ' • said , Easterly line , N00°07 ' 59 "W 708 . 70 feet to the ;?..,;;_-intersection thereof with a southerly line of said Tract No . 2592 ; :•:•:r•'•.; thence leaving said Easterly line of Tract No . 4254 , Easterly , along said Southerly line of Tract No . 2592, N89° 30 ' 32" E 639 . 10 feet to ' the POINT OF BEGINNING. Containing 5. 054 acres of land, more or less . • Prepared by the firm of ea"rvhv C. CflMDC • ,,,,4,...T ,4:J 1 . '{5 i 47Ai''S rG ;? I 1 I Arra T6 I • II i I ^O. 13' . r - I - C TING Of TWOS TS - .ISR al sur + i i. IN 10521A•P• M., l O. N I . ill 3. X I C RT/NO CAL RN/A LEd! •be' OCTO a /)e. ASTER COUR --1 I d G. • _ . 1a.. .c An 23 .. I LEEDS AKENDE i �. .. - EAS/S OF BEARINGS •1 I a . ,N.if- ' <_ _••I , ------r----`` INS GLARING NOO.1/b NOF TNC CENTE4i IMF . [O'a•R I, 1 1 PRIMROJ( WAY.AI JNOw4 Os ram MAP OF I' r/ • F E �, S T¢AU so ma R¢CORoSO/M flog //5 OP L, r\I- • 0 f e'-h R} V •; •� I I Al PAGE E.SANTA CLARA COUNTY REC0405 R 5•' R S idA�'�t.. A •as .YIw' A I'• I ...As TAKEN AS THE BASIS Or•SARIWG3 • �• d) d \ r.a• S 46. ,.% I t I I A TAWS MAP ---- - { YY 14--- QLJ n u 1 I I II ___ a• l' N R •, My I- u I LEGEND e NOTES — — S 1011 [ IL I i • JTANAIRO C/TY MONUMSNJ FOUND •N il g C. X is? W i41:11‘. � /� e' // 1 i • or O/vf<eL1Lily LINIf u.dfn7 SET A .4' ... :�. I • Asian Po/NT . IA T Ild ,1; 21 1� Y4 • , - _- _- I 1 PRA PURL/C Uf/LOY EASEMENT W -1 2 • • 1l I\ on'. - i DONEGAL OR/W J d : O I O ' . ORI R 1 a YLat_ V S ^ A:L O/STAN:ES AND b.MENJ/ON! ARE G/VEA j 1 •,,- . G y. - - /non APO GYC/MAL! o/CA F.. L.0R Pn 4 .. _ Iy[ 1 - TME SLOE OOROER LINE /NO/CA765 THE 1 1` r pi` d • 1,0".. '• N '" - I I 4OUMMR✓ OF LINO JOOO/V/OEO SY ep OAi. ty — d o .!'' rl I A SOIL RfroRr Await GLOLOG/CAL REEORT \\ II r.I d 1 • .• 4.1144..."1 TOI/ - I • ON TN/! PROFIRTY✓f3 attar/Rf/.14f0 SY L nl E•I I/ I I W ill s. \\\ • k. • 1 ,c_• 7 k. a g.A It ,' \b I I ,.o \ V\ • \ I P. Ln• .1 4 \\ \ \\ • /.. - t • / i 1 • \ \ j9 !• 3 I • 1 \\ .. \l 7 II, a s 6 Y tl •.c. L _.,: i P•PLACE h \S ‘4,\ \ i; _ PLAT TO AGCOM PA NY OC6CR/PTIOn 1 ). L ; —SIN-4/1/Aar v-_ �. \ VI �'- - EANOI OP CUPLR T,NO SCHOOL Ow TRICT �, 4Ja -- T �. / 1 I •Tb SC COMV[VEDTOTNfL,TY OF -jH11 -- _ 1 ^ '-I bq\ I COPERTIWO FOR PARR PURPo]EG E ,IZT.Rn aO '• .nr I 1 VI I _ .��i �I 1 �,•J I I OC IOBf R,Mil 1/ I I. -- --' ; • • /Y:.% 1 41..%I i / j,' I (I{aC Y SSI. J" :- 1 /HgF:S F'fi. .,_ OWL ENG/NEER! ` SAM JOSE, CALNOONt4 97O T RKn•nlo //[f .o.____800C__—_NAIa/Of_—f_ _— Sar !NO Y INO 451573 • Od12D/1D �Btrr l3 " 9786-1 10..17-84 DESCRIPTION Lands of Cupertino Union School District to be Conveyed to' the City of Cupertino All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of that certain 11 . 184 acre parcel of land, as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36, Santa Clara County Records , and being more particularly described as follows : BEGINNING at an angle point in the general Westerly line of above said 11 .184 acre parcel , said point being also the Southeasterly corner of that certain 3. 2 acre parcel of land described in a GRANT DEED from Alice Jollyman, et al , to Hugh Phillips , et al, and recorded in Book 1652 Official Records at Page 213 , Santa Clara County Records; thence from said POINT OF BEGINNING, along the Southerly prolongation of the Easterly line of said 3 . 2 acre parcel the following courses : South 132.05 feet, along a tangent curve to the right with a radius of 42.00 feet through a central angle of 19°52 ' 06" for an arc length of 14. 56 feet to a POINT OF REVERSE CURVATURE, along a curve to the left With a radius of 42.00 feet through a central angle of 129°44 ' 12" for an arc length of 95. 10 feet to a POINT OF REVERSE CURVATURE, along a curve to the right with a radius of 42.00 feet through a central angle of 19°52 ' 06" for an arc length of 14. 56 feet, East 318 . 32 feet, along a curve to the right with a radius of 20 .00 feet through a central angle of 76°04' 13" for and arc length of 26.55 feet 'to a POINT OF REVERSE CURVATURE and a point in the Westerly line of that certain parcel of land as described in a GRANT DEED to the • City of San Jose, a municipal corporation, for street purposes and recorded October 5., 1965 in Book 7128 of Official Records at pages 42 and 43, Santa Clara County Records; thence along last said 'Westerly line, Southerly, the following courses; along a curve to the left with a radius, of 65 .00 feet through a central angle of 21°49 '48" for an arc length of 24.77 feet to a POINT OF REVERSE CURVATURE; along a curve to the right with a radius of 15.00 feet through a central angle of 35°45 ' 35" for an arc length of 9.36 feet; South 163 .23 feet; along a tangent curve to the` left with a radius. of .65.00 feet through a. central angle of 39°48 ' 00" for an arc length of 45. 15 feet to a point in the general Northerly line of Parcel 3 , as said parcel is described in that certain GRANT DEED from the • Cupertino Union School District to Claude T. Lindsay, Inc. , recorded February 21, 1962 in Book 5474 of Official Records Page 606, Santa Clara County Records; thence leaving said Westerly line, along last said general Northerly line S50°12 ' 00"W 36 . 56 feet to the Westerly line of • last said deed;: thence Southerly, along the Westerly line of said deed, South 101 .75 feet to a point in the Northerly line of Tract No. 2483, a map of which was filed for ' record in Book 112 . of Maps at page 35 , Santa Clara County Records; thence along said Northerly line and its Westerly prolongation N89°59 ' 00"W 599.52 feet to. the intersection thereof with the.. Northeasterly line of Tuscany Place, as shown On Tract. No., 5835 a map of which was filed for record in Book 375 of Maps at pages 13 and 14, ' Santa Clara Count Records; thence leaving said Westerly prolongation, along the Northwesterly prolongation Of said . Northeasterly line of Tuscany Place the following courses : N43°01 ' 37 "W 28.06 feet, along a tangent curve to the right with a radius of. 24.00 feet through a central angle of 52°01 ' 12" for an arc length of 21 . 79 feet to a POINT OF REVERSE CURVATURE; along- a curve to the left with a radius of 28.00 feet through a central angle of 52°01 ' l2" for an arc length of 25 ,42 feet; N43°01 ' 37"W 24.73 feet to a. point in the general Westerly line of said Record of Survey; thence along the general Westerly line of said Record of Survey: • the following courses : N50°11'' 11"E 164.77 feet; North 74.00 feet ; 'West 96. 14 feet; North 312 .00 feet and East 215.04 feet to the POINT OF BEGINNING of this description. Containing 6. 157 acres of land, more or less . Prepared by the firm of MACKAY & SOMPS San Jose, California • •• • 17Cll�� .M1r��11 '�I`Ililll yip ,.,.1 ....&f11 ''+1 j 1 —'\e-A." I ..,,, ThliP,..4 I t . . \:4e, rya' •int. .4TMyidoLL.uGER Ro�O : �, �� 1h\\ k.4.4 nvI, i_ S ( 1Jmil0IN. 1�� fib' \. .�,t4— W --- ... .. _ - -4. 1 Ich �� LOC AT/ON MAP 9044# /'•/OOO' ligN•57-i:2-Y'j _ OE FOE _ON .. F. 1 - o i 1•, ',y I I F;' h • f app ))7 •-••••',I ": +r_ ouaug oR. i • - _'. • 1 , i lig •. 1/ . , a,• i'i.4 2_•_24- A LFARCE OR . a•�. r„r1 I .r' %to %,,l -I• :LI$ 1 I k .1 0 rrACT NOI r+e.J ie (o. /,. - ;.e- ..1 7 [A_lN!LWOOO + 04 .LAT IO A[CO.JPINY S hooL rfailoesr OF 44N0.1CONvfYiO N r...: !/Cy o/ C✓IfanNO r.--- a. I ✓. RN/. l Mat" CS sailed . - 1 mu CMOY[.. 4.Mrua. SAN AMA 15i1 •5 . C4J0u1,4.Mat • %..., .n,.lt/00 .....oCI 1914 ......1Zea. • • • RESOLUTION NO. 6494 A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF CUPERTINO • ACCEPTING A GRANT DEED OF REAL PROPERTY FROM THE CUPERTINO • UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY FOR PROPERTY LOCATED AT JOLLYMAN AND HOOVER SCHOOL SITES WHEREAS; the Cupertino Union School District of Santa Clara County, which acquired title as "Cupertino School District of Santa Clara County", has executed a grant deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to certain real property, situate in the City of Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof , which is as follows: All that certain real property situate in the City of Cupertino, County, of Santa Clara, State of California, consisting of approxi- mately 11.211 acres, located: 6.157 acre parcel being west of De La Forge Drive at the Jollyman School Site; 5.057 acre parcel • being west of Donegal Drive at the Hoover School Site . NOW, THEREFORE, BE IT RESOLVED that the Cicy of Cupertino .Ixept said grant so tendered, and • IT IS FURTHiR RESOLVED :Jilt the City Clerk be and she is 'hereby authorized to deliver this acceptance Lu the California Land Title Company for recordation . . with the Deed in accordance with existing escrow instructions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day ofFebruary ' 1985, by the following vote: • Vote Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS ATRUE AND CORRECTCOP • AYES: GaLto, Pltulgy, Rogers , Sparks, Johnson OF THE ORIGINAL ON FILE IN THIS OFFICE NOES: None ABSENT: None ATTEST t ABSTAIN: None CITY CL -OF THE CITY O UPERTINC l / ATTEST: APPROVED: BY _ . £ �. ell.y i L"f�<eJLC<<—� Cle CLERK • /s/ Docothv Cornelius _./s/_PhLL N �lallusua._._—//___— City Clerk Mayor, City of Cupertino ,_; ) , • 0Ol0D/1D 9787-1 10-9-84 E. T. Rev . 1/14/85 (// DESCRIPTION Lands of Cupertino Union School District (Hoover ) • to be Conveyed to the City of Cupertino for Park Purposes All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows : BEGINNING at an angle point in the general Westerly line of Tract No. 2592 Normandy Hills Unit No . 1 a map of which was filed for record in Book 115 of Maps at page 2, Santa Clara County Records, said angle point being also the Southeast corner of Lot 47 as shown on said Tract No . 2592; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. 2592, S00°03117"E 138. 72 feet to a point in a line parallel with and distant, Northerly, 19.00 feet, measured at right angles , from the centerline of Leeds Avenue, as said centerline is shown on said map; thence leaving said Westerly line , along the Westerly prolongation of said parallel line, S89°58' 10"W 4 . 99 feet ; thence leaving said parallel line, Westerly and Southerly, the following courses : along a tangent curve to the left with a radius of 319 .00 feet through a central angle of 16°26 ' 10" for an arc length of 91. 51 feet ; S73°32 'W 206 . 68 feet; along a tangent curve to the right with a radius of 281 . 00 feet through a central angle of 16°26 ' 10" for an arc length of 80 . 61 feet ; 889°58 ' 10"W 4 . 42 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17' for an arc length of 15 . 07 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 128° 22 ' 35' for an arc length of 100. 83 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 . 07 feet ; S00°01 ' 50'E 163. 84 feet ; along a tangent curve to the right with a radius of 45 . 00 feet through a central angle of 19°11 ' 17" for an arc length of 15 .07 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45 . 00 feet through a central angle of 55°51 ' 14' for an arc length of 43 . 87 feet; S00°01 ' 50"E 216. 13 feet to the intersection thereof with a line which is parallel and distant, 30. 00 feet, Northerly of the monument line of BARNHART PLACE, as shown on Tract No . 4254 , a map of which was filed for record in Book 222 of Maps at page 15, Santa Clara County Records ; thence, Westerly, along said parallel line , N85°57 ' 14'W 195 . 28 feet , more or . • . lessy ' to a point in a Easterly line of said Tract No . 4254; thence -•along • said Easterly line, N00°07 ' 59"W 708 . 70 feet to the :. intersection thereof with a Southerly line of said Tract No. 2592; ' .: thence leaving said Easterly line of Tract No . 4254 , Easterly, along • • said Southerly line of Tract No . 2592, N89°30 ' 32"E 639. 10 feet to ' the POINT OF BEGINNING. Containing 5. 054 acres of land, more or less. Prepared by the firm of MACKAY & SOMPS cnn .inco (`al i fnrni a • .:-._..........r,.. i. • i C '..R7/NO CAL •2Nid I J7fF OA ' 11 f n 2. - -, AVE M✓c — - BASE Of BEARINGS rx �}. {./I1 n - ' . ,' "_Iff` (sJnJAs .-n£ A1J4 c.04•e.•:cdi.it f 1 IP IR • x1' .'a - I. - i� t I- - _EGEVO f u07ES tlI I.• l W y i lv H •• _ OJNEGRL ORn- i1L i-..r •]4 .' 1 u ' _ _— .•�_ 'f [ / ,. -_.. ✓e✓ff.,..J..o`o ,. . • •/ 'it 4 1• . L. P z t h L .! -- : __:•.- .-::-... . i .f - C t•,: t� 7 .. 5 f•L.(Cf AtJYtyF .•'.. sny `I • _- _°L AT TO_ --PANY DCSCRIP NON A.-14.4.711 :UDC C-�v✓[.([I'0-ntnC•r✓ O• __ _ u ft - aoer.wo fee CI i _.. U 7/Cacr v,b So•.es• 'JL fuCr±f(] s.uJJoff Vu.0Yµ. t• 0i1 .'Ii. II` fi7nr:- 1 In-17-t"4 F.'r. DESERIPTI„N I,nn.ln of Cup"rtin•r I Inion School mini r ict to he Conveyed to the City of Cupertino All that certain roil property sitnate in the City of Cupertino, f'nunty 'lf Santa Clara, State of California being n portion of that certain 11. 164 acre parcel of land, as shown on that Record of Survey, a map of which was filed for record in Book 131 of Maps at page 36, Santa Clata County Records, and being more particularly described as follows: IIF.GIFINING at an angle point in the general Westerly line of above said 11 . 164 acre parcel , said pointbeing also the Southeasterly corner of that certain 3.2 acre parcel of land described in a GRANT DE.EI) from Alice ,lollyman, et al, to Hugh Phillip:, et nl , and recorded in nook 1652 Official Recorrls at Page 213, Santa Clara County Recorls: thenoe from nail POINT OF OEGFNNING, along the Southerly prolongation of the Easterly line of said 3.2 acre parcel the following courses: Smith 132,'15 feet , alrug .1 tangent. curve to the right with .r rou t," of 12.00 fent ttr.•1g11 a central angle of 19°52'06" for an me lrivmih of 11.54 fent to a I")INT of, REVERSE •tIEVAT;JRE, along a curve i n th•. lel' with a radius of 42. ,n fent ' hrnu•lii a central angle of 129'44 ' 12" for an arc length of 95. 10 . "--t to .i POINT or REVERSE CIJRVArORE, along a curve to ' he right. with a ra Hun of 12.00 fret through a central angle of 19°52 '06" for an arc lc;, 11h of 14.56 feet , Fast 318.32 feet, along a curve to the right with a radius of 20.00 feet through a central angle of 76°04 ' 13" for and arc length of 26.55 feet to a POINT OF REVERSE CURVATURE and a point in the westerly line nC that certain parcel of land as described in a GRANT DEED to the City of San .lose, a municipal corporation, for street purposes and recorded October 5, 1965 in Book 7126 of Official Records at pages 42 and .11, Sana Clara County Resnais: tben_e along last said Westerl•; line. Southerly, the following courses: along a curve to the left with a rutin of 65.00 feet through a central angle 'if 2.1 °41 '40" for nn arc lenuth of 24.77 foot to a POINT OF REVERSE CURVATURE; along a curve to the right with a radius of 15.00 feet through a central angle of ]5°45' 35" for an arc length of 9.36 feet: South 163.23 feet: along a tangent curve to the left with a radius of 65.00 feet through a central angle of 39'46'00" for an arc length of 45.15 feet to a point in the general Northerly line of Parcel 3, as said parcel is described in that certain GRANT DEED frnn the Cupertino, Union School District to Claude T. Lindsay, Inc, , . rold- -t February 21 , 1962 in Rook 5474 of Offir int Pecorls Pilin 406,, c1,,• i ''tart County Records; thence leaving said westerly lino, clown Ian' sail general Northerly line 650' 12'00"4 36. 56 feet to the Westerly lin ''' of last said deed; thence Southerly, along the Le ,erly line of said lend, South 101 .75 feet to a point in the Northerly 1iue or Tract No. 74111, a nap of which was filed fAr record in eeok tit of Mal': at rage 15• .Santa Clara County Records: thence along said Northerly i:erly. lino and its '.. •:t••rlf prolongation N69'59'00-W 579,52font to the intern"'-tion thereof with the Northeasterly line of Tuscany Place_ , as shown An Tract No. 501°• i '•n, ••f which was filed for record in flock 775 of (Lap; a' pages 17 and 11, Santa Clara Count Records: thence leaving nail Westerly nrolon•(a' ion, along the Northwesterly prolongation of sail Northeasterly line of Tuscany Place the following courses: N43°01 '37"W 20.06 fent, along a tangent curve to the right with a radius of 24.00 feet through a central angle of 52'01' 12" for an arc length of 21 .79 fent to a POINT nF REVERO•F • i CURVATURE: along n curve to the left with a radios of 20.00 feet through a central angle of 52'01 ' 12" for an arc` length of 25.12 feet ; '111'01 ' 17-4 74.73 fret to a point in the ,l'ner.al Westerly line r,f sii•l nee•.;•I •,• I Servey; thence along the yen'-cal Westerly line 'if sail Record of Survey • the following courses: U50'1l ' ll"E 16.1 .77 fent: North 7.1.00 feet ; ..est 96. 14 feet: North 312.00 feet and Rost 215.04 fent to the Point or REGINNING of this description. • Containing 6. 157 acres of land, more or less. Prepared by the firm of NACRAl & Sours San .lost", California . ._ tcri aillt . - . - ;•-:\i".1'',2:9je:Frriti,-,-_-_—_,--, . - • ‘'..:ili:W=7::: -.iir:1- 'I l•:•:"i:—‘ -: HL-:-.7.. r•7::S, •::--.: 7".-2 -:•: .. ) {--9.. t.- '117:7C • ' - fr ri :I • r,, II _\.!_!;1l FIri:Z.J.I.:>, '`• FL L 0 C 4 770•V .44.4.4' I 1 . . .•••do • •A000 ,---i • re A".ri .7. • : ..k.: - . • . ••• • " I 1 1 . I.- ...1 i .1 NI ')". ' • ... :, ,. .it. . .; if I.,"----: .T.C. i ,....-....• • ••••ifft` : . N ,:-,,,,•:-, :,bia . k . • — I ....V ir : • 1 • cb ...:14 • • - r A,i° AA fill I .. A•" ." i."1; .- :- - , - - ,„/"-,.....,..„ Nt...... : .,--•1.,.,,,, -if: cf . Le;";..le: j.“• 1011 i ‘‘. ••1".•,... , j••.' ••• • ••1- 34. \<:••,.. .; . • • °-A r i•., ..cco..,......• u.:s.:•,.....,,,.. or ._. . I . 1 I 1 I 74.teZay & 5....fre c.....1•PC...11.1 . gm on ma • ,Fr C • g;r✓xv. !' Cita of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK May 31, 1984 Attention: Terence C. Selna, Operations Manager MacKay and Somps 1955 The Alameda San Jose, CA 95126 AGREEMENT Dear Mr. Selna: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and MacKay and Somps, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6337, which was enacted by the City Council of the City of Cupertino, at their regular meeting of May 21, 1984. Sincere / DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works RESOLUTION NO. 6337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH MACKAY & SOMPS PROVIDING FOR ENGINEERING SERVICES FOR THE HOOVER AND JOLLYMAN SCHOOL SITES WHEREAS, the City is desirous of obtaining the services of an engineering firm for engineering services for the Hoover and Jollyman school sites; and WHEREAS, Mackay & Somps is qualified and willing to provide the services required as more fully outlined in the proposed agreement, and the terms and condtions of said agreement have been reviewed and approved by the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of May, 1984 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Plungy NOES: Sparks ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Allison Villarante /s/ John J. Plungy, Jr. Deputy City Clerk Mayor, City of Cupertino • et California Council of Civil Engineers 9706 &land Surveyors (For Office Use) 400 Capitol Mall, Suite 232, Sacramento, CA (916) 444-3060 Form BM 82-1A © 1973 by California Council of Civil Engineers and Land Surveyors STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND CONSULTANT AGREEMENT enteted.into at San Jose, California made this 18th day of May 19 84 , by and between City of Cupertino. 10300 Torre Avenue, Cupertino, CA 95014' hereinafter called"client,"and MacKay & Somps 1955 The Alameda San Jose, CA 95126 hereinafter called "consultant." Client' tends to develop a portion of the Jollyman School site into a residential project consisting of T9 lots, 6,00u s.f. min.; develop a portion -of the Howie School site into a residential project consisting of 27 lots. 6.000 s.f. min. hereinafter called"project." The present record owner is: Name: Cupertino Union School nigtrict Address: The lender is (if none, state below): Name: Address' Client and consultant for mutual consideration hereinafter set forth, agree as follows: A. Consultant agrees to perform the following services: See attached Exhibit I B. Client agrees to compensate consultant for such services as follows: ee a ac ed x t C. re C. Client has read and understands all the standard Provisions of Agreement set fort• .n e '�t'iAr reverse hereof and the Exhibitshereto,and agrees all Standard Provisions and Exhibits.are a part of this Agreement and are binding on client. client's initials D. Client and consultant agree that the late payment charge,provided for in Paragraph 33 of the Standard Provisions of Agreement shall be client's initials • IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated, the day and year first above written. _ „ .acKxy & Som City of Cupertino CONSULTAry CLIENT: By ., Bys,, (Signature) ( ,R (Simature) - Name Terence C. Solna Na a S^ ar 1 . (Print) G ��//}y/ Title Operations Tanager Titie1-171 - n'?? �viu.r1� . City Clerk STANDARD PROVISIONS OF AGREEMENT Client mid consultant agree that the following provisions shall be part of their agreement: 1. This agreement shall be binding upon the heirs,executors,administ rotors,successors and assigns of client and consultant. 2 This agreement shall not he assigned by either client or consultant without the prior written consent of the other. 3. This agreement contain-the entire agreement between client and consultant relating to the project and the provision of services to the project.Any prior agreements, promises,negotiot inns or represent ntions not expressly set forth in this agreement are of no force or effect.Subsequent modifications to this agreement shall be in writing and signed by both client and consultant. 4. Consultant's waiver of any term.condi!ion.or covenant.or preach of any term,condition,orCovan'ant.shall not constitute the waiver of any other term,condition.or covenant, or the breach of any other tern.condition.or covenant. 5. If any tens.condition,or covenant of this agreement is held hyo court of competentjurisdiction to he invalid.void or unenforceable.the remainingprovisions of this agreement shall be valid and binding on client and consultant. 6'. Consultant is not responsible for delay caused by activil ies or factors beyond consultants reasonable control,including but nut.Iimited to,delays by reason of strikes,lockouts, work slowdowns or stoppage;,accidents,acts of God,failure of client to furnish timely information or approve or disapprove consultant's work promptly.faulty performance by client or other contractors or governmental agencies.When such delays beyond consultant's reasonable control occur,client agrees consultant is not responsible in damages nor shall consultant be deemed to he in default of this agreement. 7. Consultant shall not he liable for damages resulting from the actions or inactions of governmental agencies including,but not limited to,permit processing,environmental impact reports,dedications.general plans and amendments thereto,zoning matters,annexations or consolidations,use or conditional use pennies,and building permits. 8. Consultant shall only act ns an ndvisor in all governmental relations. 9. If client.institutes a law suit against consultant for any alleged negligence,error,omission ornther failure to perfonn,and if client fails to obtain a judgment in client's favor,or if the lawsuit is dismissed,or if judgment is rendered for consultant,client agrees to pay consultant all costs of defense,including nttomeys'fees,expert witness fees,court costs and any and all other expenses of defense.Such payment shall be made immediately following dismissal of the case or upon entry of judgment. to. If any action at lawor equity.including an action for declaratorvrelief,is brought to enforce or interpret the provisions of this agreement.the prevailing party shall he entitled to reasonable attorneys!fees.which fees may he set by the court in the same action or in a separate action brought for that purpose,in addition to any other relief to which he maybe entitled. I I. Client agrees that in the event client institutes litigation to enforce or interpret the provisions of this agreement,such litigation is.to be brought and adjudicated in the appropriate court in the county in which consultant's principal pince of business is located,and client waives the right to bring.try or remove such litigation to any other county orjudicial district. 12. All original papers,documents,drawings and other work product of consultant,and copies thereof,produced by consultant pursuant to this agreement,except documents which are required to be filed with public agencies,shall rennin the property of consultant and may be used by consultant without the consent of client. 13. All services provided pursuant to this agreement may be used by client only for the project described on the face hereof. I. Client and consultant agree to cooperate with each other in every way on the project. 15. Upon written request,client and consultant shall execute and deliver.or cause to he executed and delivered,such additional instruments and documents which are necessary to perfume the teams of this agreement. 16. This agreement shall not be construed to alter-affect or waive any lien or stop notice rights which consultant may have for the performance of services pursuant to this agreement 17. If payment for consultant's services is to he made on behalf of client by a third-party lender,client agrees that consultant shall not be required to indemnify the third-party lender,in the form of an endorsement or otherwise,as a condition of receiving payment for services. 18 Consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps,plaits,sptcifications,or drawings other than[halal] such figures are estimates only and consultant shall not he responsible for fluctuations in cost factors. 19. Consultant does not guarantee the completion or quality of performanceof contract or the completion or quality of performance ofcontracts by the construction contractor or contractors,or other third parties,nor is he responsible for their acts or omissions. 220. Consultant makes no warranty,either express or implied,as to his findings,recommendations,specifications,or professional advice except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance. 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement and he is not responsible for any liability that may arise out of the making or failure to make soil surveys,or sub-surface soil tests.or general soil testing. 22 Estimates of areas provided under this agreement are not to be considered precise unless consultant specifically agrees to provide the precise determination of such areas. 23 In the event that changes are made in the plans and specifications by client or by any other person other than consultant.which changes affect consultant's work,any and all liability arising out of or resulting from such changes is waived by client against consultant,and client assumes full responsibility and liability for such changes unless client gives consultantprior written notice orsuch changes and consultant consents in writing to such changes Client agrees to indemnify consultant against any and all liability,loss,costs,damages, fees of attorneys and other expenses Which consultant may sustain or incur as a result of such unconsented changes. 24. Client agrees not to use orpermit any other person to use plans,drawings,or other documents prepared by consultant which plans,drawings.or other documents are not signed by consultant.Client agrees to he liable and responsible for any such use of unsigned plans,drawings.or other documents not signed by consultant and waives liability against consultant for their use. 25. Consultant has a right to complete all services agreed to he rendered pursuant to this contract.In the event this agreement is terminated before the completion of all services, unless consultant is responsible for such early termination,client agrees to release consultant from all liability for work performed. 26. If client fails to pay consultant within thirty(30)days after invoices are rendered,Client agrees consultant shall have the right to consider such default in payment a material breach of this entire agreement,and.upon written notice,the duties,obligations,and responsibilities of consultant under this agreement are terminated.In such event,client shall promptly pay consultant for all fees,charges,and services provided by consultant. 27. Client agrees t hat consultant will not perform on-site construction review for this project unless specifically provided for in this agreement,thatsuch services will be performed by others,and t hat the client will defend,indemnify,and hold consultant harmless from any and all liability arising from or resulting from the performance of construction reviewbyother persons. 28. Client agrees that in accordance with generally accepted construction practices,construction contractor will be required to assume sole and complete responsibility forjob site conditions during the course of construction of the project,including safety of all persons and property;that this requirement shall be made to apply continuously and not be limited to normal working hours,and client further agrees to defend,indemnify and hold consultant harmless from any end allliability,real oralleged,in connection with theperformance of work on this project,excepting liability arising from the sole negligence of consultant. 29. Client agrees ro limit consultant's liability to client and to all contractors and subcontractors on the project,due to professional negligence,acts,errors or omissions of consultant,to the sum of 550.000 or consultant's fees,whichever is greater. 30. Cheat agrees to purchase and maintain.during the course of construction,builder's risk"all risk"insurancewhich will name consultant as an additional insured as their interest may appear. 31. All fee%and other charges will he billed monthly and shall be due at the time of billing unless otherwise specified in this agreement. 32 Client agrees that the periodic billings from consultant to client are correct.conclusive,and binding on client unless client within ten(10)days from the date of receipt of such billing,notifies consultant in writing of alleged inaccuracies,discrepancies,or errors in the billing. 33. Client agrees to pay n late payment charge which will be computed at the periodic rate specified on the front hereof and will be applied to any unpaid balance commencing thirty(30) days after the date of the original billing. 114. If consultant,pursuant.to this agreement,produces plans,specifications,or other documents and/or performs field work,and such plans,specifications,and other documents and/or field work are required by one or more governmental agency,and one or more such governmental agency changes its ordinances,policies,procedures or requirements after the date of this agreement.any additional office or field work thereby required shall be paid for by client as extra work. 35. In the event of any increase of costs due to the granting of wage increases and/orother employee benefits tofield or office employees due to the terms of any laboragreement,or rise in the cost of living,during the lifetime of this agreement,such percentage increase shall be applied to all remaining compensation. 36. Client agrees that if client requests incidental services not specified pursuant to Paragraph Aon the front hereof,client agrees to pay for all such incidental services es extra work. 37. In the event that any staking is destroyed,damaged,or disturbed by an act of God or parties other than consultant,the cost of restaking shall be paid for by client as extra work. 39. Client shall pay the costs of checking and inspection fees,zoning and annexation application fees,assessment fees,soils engineering fees,soils testing fees.aerial topography fees,and all other fees,pennies,bond premiums,title company charges,blueprints and reproductions,and all other charges not specifically covered by the terms of this agreement. 39. In the event allor any portion of the work prepared or partially prepared by consultant besuspended.abandoned,or terminated.clientshall pay consultant forall fees,charges, and services provided for the project,nut to exceed any contract limit specified herein. �� 40. Thisagreement shall be governed by-and construed in accordance with the laws of the State of California, h • EXHIBIT I To Agreement dated May 18, 1984, between City of Cupertino, hereinafter referred to as "CLIENT" and MacKay & Somps , A Corporation, hereinafter referred to as "CONSULTANT" CONSULTANT agrees to perform the following services : PART I - GENERAL PLANNING AND ZONING SERVICES BY CONSULTANT AS FOLLOWS: 1 . Prepare preliminary cost estimates as/if requested 2 . Obtain preliminary topographic survey for each site 3 . Prepare a tentative subdivision map for each site 4 .• Prepare boundary survey for each site 5 . Prepare aerial topographic survey for each site 6 . Obtain Supplementary design topographic information (precise top of curb grades and utility inverts, precise tree locations) by ground survey, as required , for each site. RESPONSIBILITIES OF CLIENT OR OTHERS The CLIENT or others are responsible for the following items. This is not intended to be a complete list and is included for the purpose of additional clarity. 1. Provide current title report to CONSULTANT. 2 . Obtain approvals, permits or other licenses from governmental agencies. 3 . To secure permission of the property owner for the CONSULTANT to enter upon the property when necessary to accomplish the work. 4 . Any structural, acoustical, traffic, electrical, soils or geological engineering , architecture or landscape architecture. 5. To furnish to CONSULTANT minimum lot dimensions or final plans of units and buildings to be used and method or procedure to be used in assigning houses to individual lots. 6 . To provide those portions of required exhibits pertaining to buildings, landscaping, lighting and irrigation systems. • 0784b/4c • Job No. 9786 Date 5-18-84 Exhibit I • Page 2 of 6 7 . All work pertaining to the Environmental Impact Report and/or Environmental Clearance Application, if required. PART II - DESIGN 1 . Calculate, prepare and process final subdivision maps in accordance with approved tentative map , and conditions of approval. 2 . Prepare plans and specifications for required public street improvements & site rough grading . 3 . Provide legal descriptions for easements as required. 4 . Provide one listing of improvement quantities upon completion of plans. 5. Prepare one set of contractor bid forms for improvements designed by CONSULTANT. 6 . Prepare cost estimate for bond purposes as required. 7. Prepare one final cost estimate for project if requested by CLIENT. 8. Provide design information to public utility companies as appropriate. 9. Provide reasonable number of sets of prints of plans and maps. RESPONSIBILITIES OF CLIENT OR OTHERS The CLIENT or others are responsible for the following items. This is not intended to be a complete list and is included for the purpose of additional clarity. 1. To obtain approval, permits or other licenses from governmental agencies. 2 . To secure permission of the property owner for the CONSULTANT to enter upon the property when necessary to accomplish the work. 3 . To provide reports, plans and/or direction from a qualified landscape professional upon which CONSULTANT can rely in performing services under this agreement. 4 . To bear the cost of digging up and exposing utility locations, both in tract and out of tract, if in the opinion of the CONSULTANT, it becomes necessary and desirable to do so in order to ascertain the location and elevation information. 5 . To provide soils and/or geological reports upon which CONSULTANT can rely in performing services under this agreement including provision for review and approval of CONSULTANT' S grading plan or exhibits by CLIENT' S Soils Engineer and/or Geologist. 6 . To provide current title report to CONSULTANT. 7. To provide to CONSULTANT the names of owners and trustees exactly as they are to appear on the final map . • 0784b/4c Job No. 9786 • Date 5-18-84 Exhibit I • Page 3 of 6 8 . To furnish to CONSULTANT minimum lot dimensions or final plans of units and buldings to be used and method or procedure to be used in assigning houses to individual lots . Plans must show all outside dimensions, overhangs, fireplaces, porches, type of foundation and any other structural feature . Extra work may result should CLIENT require commencement of work without providing this information to CONSULTANT. 9 . To furnish CONSULTANT with the volume of stockpile or undercut it is desired to provide for on the rough grading plan. 10 . The design of walls, fences, retaining walls, bulkheads or soundwalls of any kind. 11. The determination of rock and pavement thickness in public or private streets. 12 . Design of the following systems: a. Power and gas. b. Telephone c. Television cable d. Public street lighting systems 13 . Design of traffic signals or their appurtenances and the preparation of signing and striping plans. 14 . Any structural , acoustical , traffic , electrical, soils or geological engineering, architecture, or landscape architecture. The landscaping plan, if any is prepared , must include the final finished grading and drainage pickups and be consistant with the plans prepared by CONSULTANT under this agreement . 15 • To use the plans, specifications and bid proposal forms prepared by CONSULTANT without changes, unless changes are approved by CONSULTANT in writing. PART III - CONSTRUCTION STAKING This agreement provides for construction staking. This staking procedure follows normal construction progression, proceeding from one construction phase to another, always referencing stakes previously set . Should stakes which are needed as reference have to be replaced because they were removed or destroyed , for any reason, then this replacement staking shall be extra work outside the agreement unit fee. 0784b/ 4c Job No. 9786 • Date 5-18-84 Exhibit I Page 4 of 6 Should a change in this agreement or ownership occur wherein this staking is performed by others, CONSULTANT shall not be held responsible for errors' or omissions in the plans which customarily become apparent and easily solvable during the course of construction. SERVICES BY CONSULTANT AS FOLLOWS: Staking will be done in accordance with the following procedure: 1. From the boundary corners set the public street, private street and lot SURVEY CONTROL POINTS . 2 . Rough grading: From the SURVEY CONTROL POINTS set points as follows: a. Top of curb cut or fill at each lot line, BC, ER , EC, and PRC on property line or an offset to property line. ( Besides the streets and lots, these stakes also reference the front of the building pad compaction area. ) b. Pad cut or fill on the back of same stake as top of curb. c . Rear corner stakes. (These stakes also reference the rear of the building pad compaction area. ) NOTE: After rough grading, it is expected that all the public street, private street , building envelope , rear lot corner and parking area offset stakes will remain. These stakes are necessary for the following staking phases. 3 . Sanitary Sewers and Laterals : Using previously set survey stakes as reference, set the sewer main stakes for line and grade and set the lateral stakes for line only to each individual unit, lot or building as appropriate. 4. Storm Drains and Catch Basin Laterals Using previously set survey stakes as reference, set the storm drain stakes for line and grade. End of pipes for catch basins will be staked on an offset with a cut or fill to top of curb. Landscape or yard drains will be staked on an offset opposite each drain with a cut to the invert . The grates for each drain should not be raised until finish grading is complete. 5 . Curb and Gutter and Catch Basins : Using previously set survey stakes as reference, set curb and gutter stakes for line and grade and set driveway location stakes for line only to each lot . Curb and gutter stakes will also be utilized for catch basin construction. • 0784b/4c Job No. 9786 Date '5-18-84 Exhibit I Page 5 of 6 6 . Electrical , Telephone, Gas, Cable TV, and Water System: No staking to be provided. Ample reference is expected to be available from the construction staking for rough grade, curb and gutter and from existing curb and gutter with property line reference marked thereon 7. Property Line Reference Points: Using the SURVEY CONTROL POINTS and street and lot offset stakes as reference, set appropriate property line reference points on top of constructed curb and gutter (if not previously set) , and set hub and tack at rear corners. These reference points are to be used for house layout and fence construction. 8. Monuments: Stake and punch monuments as required. 9. Extra Work Staking: Upon written authorization by CLIENT, the following services may be performed by CONSULTANT as additional work outside the basic unit fee. a. Staking for grade on water services, sewer laterals, or catch basins. b. Staking for electrical, gas, telephone or T.V. systems except as provided for in item G . above . c . Separate staking for fences and building layout. d . Replacement of removed or destroyed stakes . RESPONSIBILITIES OF CLIENT OR OTHERS The CLIENT or others are responsible for the following items . This is not intended to be a complete list and is included for the purpose of additional clarity. 1. Staking for final finished grading during finish grading operation PART IV - CONSTRUCTION CONSULTATION: This agreement provides for construction consultation. Should a change in this agreement or ownership occur wherein this function is performed by others, or not performed at all , CONSULTANT shall not be held responsible for errors or omissions in the plans which customarily become apparent and easily solvable during the course of construction. SERVICES BY CONSULTANT AS FOLLOWS: 1 . On-site field consultation of CONSULTANT with CLIENT during construction on an intermittent basis to observe construction, to interpret plans and offer advice to CLIENT as deemed appropriate by the CONSULTANT or as requested by CLIENT. 0784b/4c Job No. 9786 Date 5-18-84 Exhibit I Page 6 of 6 2 . Review contractor' s billings if requested by CLIENT. 3 . Provide plan which shows five "as-built" elevations on each completed "building" pad . This is to be done once . Additional checking for any contractor repair work required by CLIENT shall be billed as additional work to CLIENT . 4. Provide the standard historical FHA/Department of Real Estate completed grading letter written after rough grading is complete. RESPONSIBILITIES OF CLIENT OR OTHERS The CLIENT is responsible for the following items : This is not intended to be a complete list and is included for the purpose of additional clarity. 1. CLIENT alone shall decide if the constructed pad is within the level grading tolerances or if slopes are out of position sufficient to require contractor to make repairs. 2 . Safety and Supervision : It is specifically noted that the CLIENT or others are in responsible charge of the construction project . That CONSULTANT has no responsibility for safety matters or the quality of accuracy of work performed by CLIENT' S contractors. That CONSULTANT does not supervise the contractor or the CLIENT' S project representative. 3 . "Certifications" to any agencies as to the quality of work performed except for the standard historical FHA completed grading letter written after rough grading is complete . To the extent that CLIENT, public agencies, or others will require ' statements from CONSULTANT as to the accuracy, quality or completeness of work done by the contractor, CLIENT or others working on the project , this must be declared before the work is done so that appropriate field and office checking procedures may be instituted . (Statements made to FHA or local agencies stating that existing grades are in general conformance with the Grading Plan shall not be interpreted by CLIENT as being a statement that the job has been graded to CLIENT' S tolerance. ) 4 . Observation, supervision, inspection, or acceptance of finished landscape grading around buildings together with installation of proper drainage swales. 5. Any " inspection" as to adequacy or completeness of work peformed by CLIENT or contractors. 6. Construction scheduling and/or coordination for work of contractors, subcontractors, public utilities and public agencies. • EXHIBIT II To Agreement dated May 18, 1984, between City of Cupertino, hereinafter referred to as "CLIENT" and MacKay & Somps, A Corporation, hereinafter referred to as "CONSULTANT" CLIENT agrees to pay CONSULTANT as compensation for his services as follows: 1. For services contained in Exhibit I , Part I , charges shall be on a time and materials basis. Fees for this are estimated to be approximately $34,000. 2 . For services contained in Exhibit II, Parts II, III and IV fees will be as follows : A. Basic Lot Fee The Basic Unit/Lot Fee is $1,235 per unit or lot . Charges will be invoiced and payable in accordance with the following payment schedule upon substantial completion of each phase of work: Final Tract Map $200 Public Improvement Plans $350 Rough Grading Plan $170 Rough Grade Staking $120 Storm drain & Sanitary Sewer Staking $120 Curb and Gutter Staking $120 Lot Corner Staking $100 Completion/Monument Staking $ 55 It is assumed that the project will consist of 46 dwelling units, 19 units on the Jollyman site and 27 units on the Hoover site. It is further assumed that each site will be developed in a single mapping and improvement construction phase. Should either project be designed or constructed in more than one phase , the basic lot fee shall be renegotiated . 0785b Job No. 9786 Date 5-18-84 Exhibit I Page 2 of 4 Outfall Lines The preparation of plans and staking for each of the storm sewers, sanitary sewers or water mains outside the project limits and not within improved streets currently being developed, will bear a fee of 20% of the actual or estimated cost with a maximum of $5 .00/L.F . Present indications are that this project will contain the following: None This fee shall be payable 60% upon the completion of plans and 40% upon completion of construction staking . 3 . Other Charges a. Out of sequence staking: If the CLIENT or other agencies require staking which does not follow the sequence contained in the CONSTRUCTION STAKING Section in EXHIBIT A of this agreement , and if additional work is incurred by CONSULTANT as a result thereof, this will be considered additional work and it will be billed on a time and material basis . b. Revisions: All revisions of completed work required by the CLIENT or by changes in city policies, ordinances or requirements shall be charged on a time and materials basis. c. Restaking: Restaking of any stakes removed by accident or otherwise and needed as a reference for further staking, shall be charged for on a time and material basis . d . Municipal Fees: Fees ( if any) advanced as a convenience to CLIENT by CONSULTANT for submitting , checking , filing , etc . are not included in this agreement and will be billed as they occur outside this agreement . e. Model Home Complexes: This contract is based on the entire project being designed and constructed as a complete entity . If model home complexes are developed out of sequence with the remainder of the construction, CONSULTANT reserves the right to make additional charges to the extent that CONSULTANT incurs additional costs in the design, processing and construction of said model home complex . f . Precast Walls : Should staking in addition to normal corner staking be required for installation of precast walls, such staking will be at a fee of $2 .00/L.F . 0785b Job No. 9786 Date 5-18-84 Exhibit I • Page 3 of 4 g. Abandonment of Project: Should this project be abandoned after its commencement, fees for consulting work will be based on time and materials charges according to the current charge rate schedule but in no case to exceed the fixed fee quoted herein plus authorized extra work. h. Wage Clause: All of the fees enumerated in this EXHIBIT B will be subject to an annual wage rate increase beyond July 15, 1985. said increased fees will be applicable only to the remaining items of the agreement proportionately to the increase dictated by the Union Agreement with Operating Engineers Local 3 . i . "As-built" Review: Any statements required by government agencies as to construction being to line and grade shall be made only after required field work has been performed. All work of this kind to be on a time and materials basis . j . Additional Work: All additional ( extra) work performed as requested by CLIENT shall be charged on a time and material basis. k. Statements of Completion: Any statements requested by CLIENT, public agencies or others as to the accuracy, quality, or completeness of work performed by the CLIENT, contractor or others working on the project shall be made only after required field verification work has been performed. All work of this kind to be on a time and materials basis. 1 . Additional Printing: A contract with a Basic Lot Fee includes a reasonable number of sets of prints and plans for a normal project, should CLIENT require printing in excess of normal amounts, this excess shall be subject to additional charge. m. State and Federal Agencies: The basic scope of work only includes routine submittals to State and Federal agencies ( i .e. CALTRANS or Army Corps of Engineers Department of Fish and Game) for encroachment permits where appropriate. All work involving negotiations, design changes, requests for additional engineering , exhibits or mediation with other than the local agency shall be performed on a time and materials basis. 4 . Backcharges: It is hereby agreed that no "backcharges" will be made to CONSULTANT by CLIENT. Any claim that work is unacceptable, shall be made to the CONSULTANT' S Operations Manager by a principal in the CLIENT' S organization. 0785b Job No. 9786 Date 5-18-84 Exhibit I • Page 4 of 4 5 . Project Delay: This proposal contemplates that the project will progress continuously to completion. Should there be an undue delay or postponement for any reason, this agreement will be subject to renegotiation. 6. Sale of the Project: Should CLIENT offer project for sale and, explicity or implicitly, direct potential buyers or real estate brokers to CONSULTANT for advice and consultation about the • project , the cost of said advice and consultation, including printing charges, shall be borne by CLIENT unless other arrangements satisfactory to CONSULTANT are made in advance. 1