88-044 Susan A. Fujimoto and Deane A. Gardner, Improvement Agreement Cupertino Rd at Hillcrest7
NO FE?" .'\.! /,.r-,:-~" iT".., ":' '":.~
\""tiTH \J~:\I \;:~..:;~ _:>1;:13
INO FEE
7512
9730725
FILED FOR RE-tORD
AT REO~EST OF • 0 c /ry of c.upE?.TfN
JON ZO 10 59 nM 'S8
OfFICIAL RECORDS
SAlin, CLARA COUNTY
LAURIE KAIIE'
RECOR.DER
K575PllGE 672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH
SUSAN A. FUJIMOTO AND DEANE A. GARDNER FOR THE
IMPROVEMENT OF FRONTAGE ALONG NORTHWEST CORNER OF
CUPERTINO ROAD AND HILLCREST ROAD
WHEREAS, there has been presented to the City Council an agreement
for the improvement of the street frontage along northwest corner of
Cupertino Road and Hillcrest Road by Susan A. Fujimoto and Deane A. Gardner;
and
WHEREAS, developer has paid the following fees:
Storm Drain $
Water Main Extension Deposit
$ 438.00
$2,711.00
WHEREAS, said proposed agreement contains provisions for the construction
of streets, curbs, gutters, sidewalks, and for other improvements within a
period of five (5) years and six (6) months from the date of execution of said
agreement; and said agreement having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is
hereby approved; and the City Engineer is hereby authorized to sign the final
plans when presented by the developer; and the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of the
City of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file
said agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City
of Cupertino this 6th day of ,JUDe , 1988 by
Vote Members of the City Council
AYES:
NOES:
Koppel, Plungy, Rogers, Gatto
None
ABSENT: Johnson
ABSTAIN: None
ATTEST:
/sl Roberta A. Wolfe
Deputy City Clerk
OR~G~NAl
APPROVED:
lsI
Mayor,
\ . AGREEMENT
CUPERTINO ROAD (@ HILLCREST ROAD)
K575PAGE 673
'Ibis AGREElIDlT made am entered into this 6th --..::.:::.:'------day
of ___ ~ . .uI!.u.!D"'e ______ , 19~, by am between the CITY OF OJPERITIlO,
a municipal corporation of the state of california, hereinafter designated
as CITY, am __ -",Su""s",a",n,--",A,,-, ...!F,-"uwj..±im!!,o"-,t,-,o,--!!.anl!ld._,,,J)~ea~nC!.!e~A,-,-• ...:G~a~r~dC!!n~er!o..-______ _
hereinafter designated as DEVEIDPER.
WITNESSETH
WHERFAS, the DEVEIDPER has made application to the CITY for
A BUILDING PERMIT
to construct am maintain A SINGLE FAMILY DWELLING ----~~~~~~~~~~----
here.i.nafte.r referred to as "Project."
WHERFAS, the CITY hereby agrees to pe:rmit DE:F.E!<MENT of the required
development improvements in accordance with the prcV'isions of this
AGREEHmT; am:
WHERFAS, the DEVEIDPER hereby agrees to prcV'ide nece5sazy ~rovement
plans am specifications at such time as they may be required by the City
Er:gineer or as provided herein amI
WHERFAS, the DEVEIDPER further agrees to perform at his sole cost all
the \iOrX. necessary to carq;llete installation of those ~ements which
will be required in a=rdan:::e with those plans to be prepared; an:]
•
WHERFAS, the DEVEIDPER agrees to provide boros, cash payments, or
other guarantees as outlined herein to assure compliance with con::litions
of de:\l'elopment approval; and
Page I
K·575PAGE 674
WHEREAS, pursuant to the provisions of this .!\GREEMENl', the CI'.I'Y hereby
established the am::lIlI'lts of Boms, Fees, am. teposits as set forth in the
followiix:J schedule:
Inp:rovement category -NjA
PARI' A. Faithful Performance Bol'Xi: Deferred
PARI' B. IaOOr an:l Material Bol'Xi: Deferred
PARI' C. C1leckin;J an:l Inspection Fee: Deferred
PARI' D. lhii:rect City Expenses: Deferred
PARr E. Devel.opnent Maintenance teposit: Deferred
PARI' F. stenn Drainage Fee:
FOUR HUNDRED THIRTY-EIGHT AND NO/DOLLARS $438.00
PARI' G. one Year Power cost: Deferred
PARr I. Map C1leckin;J Fee: Deferred
PARr J. Park Fee: Deferred
PARr K. water Main EKtension teposit: $2,711.00
TWO THOUSAND SEVEN HUNDRED ELEVEN AND NO/lOO DOLLARS
PARr L. Maps aril,Ior ~ Plans: Deferred
Page 2
· '. K575PAGE 675
NOW, 'I'H:EREFtlRE, IT IS HEREBY MlJ'IUAILY AGREED by and between the
parties hereto as follows, 'IO WIT:
1. DEDICATION
A. The DEVEIOPER offe:r:s to dedicate the real property
shewn on Exhi1::lit "A", which is attached hereto and made a part hereof by
reference. said dedicated p:rcperty shall be free and clear of all liens or
encumbrances except these which the r::r:r'l shall waive in writing. The
DEVEIOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the r::r:r'l aocept:s offer by :resolution.
B. Upon execution of this AGREJ!MENT the DEVEIOPER agrees to
deliver a properly exec:ut:ed grant deed to the r::r:r'l of the real p:rcperty
described in Exhibit "A", and such other exec:ut:ed COI'IIleyances, or
instrument:s necessaIY to COI'IIley clear title as herein required. '.the
DEVEIOPER shall previde, at the DEVEIOPm'S sole =t and expense, to the
City:
(J.) A prel:l:minaJ:y title Lep .... :t issued by a title insurance
~ relating to the ptupetty offered. for dedication.
(2) A standard policy of title insurance issned by a title
insurance ccmpany and i.nsurin:] the r::r:r'l in the sum of: N/A
and which shall shew said praperty free and clear of all liens or
enc:umbrances except these as the r::r:r'l shall eJqlressly waive in
W#ting; said policy shall be f'Ul::nished at the time of accept:ance
of dedication and recx>Ldation of deed.
C. upon the condition precedent that the DEVEIOPER shall
perfom each and ENeLY o::wena:nt and cordition of this AGREJ!MENT, the r::r:r'l
agrees to accept said real ptc:petty offered. for dedication.
2. lNSTALtATION OF I«lRK
It is further agreed that:
A. The DEVEIOPER shall install and Cl:Zlplete the Work within one (1)
year fLan the date of execution of this ~, or such lcn;er paried
as may be specifically authorized in writing by the City Err;ineer. In the
event the DEVEIOPER fails or :refuses to Cl:ZlpJ.ete the work within the
specified period of tilDa, the r::r:r'l, at its sole option, shall be
authorized to CI:ZIplete the Wbrlc in whatever manner the r::r:r'l shall decide.
In the event the r::r:r'l ccmpletes the Work, the r::r:r'l may rea::Ner art;{ and all
costs incun:ecl therel:ly fLalI the DEVEIOPER or the DEVEIOPER'S surety or
both.
B. . The DEVEIOPER shall install and C:X:llIp"lete the Work in a geed and
workmanlike manner in a~ with the plans as approved by the City
Err;ineer of 0Jpert!n0. The Work shall be done in aoooraance with existing
orclinances and resolutions of the r::r:r'l and in aooorCIance with all plans,
specifications, starxlards, sizes, lines, and qrades approved by the City
Err;ineer. The Work shall be done in aooorCIance with all state and County
statutes <q;plicable hereto. The deci sion of the City Err;ineer shall be
final as to whether art;{ material or ~p meets the st:an:!ards,
specifications, plans, sizes, lines and qrades as set: forth.
, '. K 575PAGE 676
C. It is further agreed that the Work shall be done in a=:r:dance
with the lWSt c:ur.rent Standard Specifications of the Department of Public
Works, califomia Department of Transportation, State of califomia, an:i
in accoroance with the specifications of the Olpertino sanita:l:y District
'</here applioable.
Where'lar the wo:tCs "State" or "califomia Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referrin;r to the CITY: of 0lpertin01 also ~er the "Director" or
"Director of Public WOrks" is mentioned, it shall be considered as
referrin;r to the city Engineer.
In case of conflict between the State Specifications an:i the
specifications of the CITY: an:i,Ior the Olpertino sanitarY District, the
specifications of the CITY: an:i,Ior the CUpertino sanita:l:y District shall
take prec:edence over an:i be used in lieu of such conflictin;r portions.
3. EXC'AVM'ION P.E:RMrl'
It is further agreed that the DEVELOPER shall ccnply with Section
'lbl:ee of ominance No. 130 of the CITY: I:ly cbI:.ainin; an excavation permit
frau th,e city Engineer before the OCiiiliSlICE!lllent of .arrJ excavation in, on,
or un::Jer the surface of arrJ exi.stin; public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City ErY;ineer of the exact date an:i time when the ptop::JSed.
excavation is to '::X a!QIenc:e.
4. IJ1,l'l'CIAm DEED
It is further agreed that the J:ll!.'I.iEJ:DPER, when requested I:ly the CITY:,
shall quitc1ajm all his rights and interests in, and shall grant to CITY:
authorization to extract water fran the undergroun:i strata la.y.ing' beneath
said project and DEVELOPER agrees to execute a "Qlltclaim Deed and
AUthorization" in favor of CITY:, when presented to h±m for signature.
5. B:lNtS AND 0l'HER SEalRI'lY
A. Upon the execution of this AGREEMENl', the DEVELOPER shall file
with the CITY: a faithful perfOl::l11al'lCe lx:n:l to assure his full and faithful
performance of this AGREEMENl'. 'll1e penal sum of said faithful performance
bond shall be the full. cost of arrJ payment to be l!IaCe un::Jer this
AGREEMENr, the value of arrJ lan:i agreed to be dedicated, and arrJ
improv~ts to be made un::Jer this AGREEMENr. rn the event that
improvements are to be made un::Jer this AGREEMENl', the DEVELOPER shall, in
aQQit.j.on to said faithful perfo:t:manOe, file with the CITY: a labor and
materials lx:n:l in a penal sum aClequa.te to assure fIlll payment of all labor
and materials l'.'eqUired. to const:ruct said improvements. 'll1e am:lUIl.t. of said
lx:n:ls shall be as designated I:ly the City Engineer~ Said lx:n:ls shall be
executed I:ly a surety 0C'I!IJ?""'tY authorized to transact a surety business in
the state Of california an:i must be aI=Prcved I:ly the City Attorney as ,to
fom an:i I:ly the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants aM corxtitions of
this AGREEMENl', or to rrak.e any payment, or any dedkation of land, or arrJ
improvements herein reqJired, the CITY: shall call on the surety to perfom
this AGREEMENl' or otherwise in:!smnify the CITY: for the DEVELOPER I S failure
to so do.
Page 4
K575PAGE 677
B. In lieu of a surety bon::i, the DEVE!DPER may elect to secure this
AGREEMENl' by depositing with theCI'l'i':
J,. cash; or,
2. A cashier's check, or a certified check payal:>le to the order
of the City of CUpertino or,
3. A certificate of deposit, or :instrument of credit meeting
the requirements of GclYeJ:Ill!lelrt Code Section 66499 (b) or
(e) •
C. '!he am:u:nt of said cash, checks, certificate of deposit, or
i:nstrunent of credit shall be as designated by the City Enqineer, and
shall be the equivalent to that Which 'WCUld have been required had the
DEVE!DPER f'ul:nished the CI'l'i' with a surety bon::i. In the event that the
DEVE!DPER shall fail faithfully to perform the covenants and cor:ditions of
this AGREEMENl', or to make any payment, or any dedication of land, or any
.ing;n:cvements herein required, the CI'l'i' may apply the proceeds of said
security thereto.
D. No releasepf surety bon::i, cash deposit, check, or certificate of
deposit, shall be :made except upon a~ of the City council.
E. No inte:rest shall be paid on any security deposited with the
CI'l'i' •
6. c:m:cKDI'G lIND mSPECI'lOO' FEE
It is fu'rther agreed that DEVE!DPER shall pay any and all necessazy
direct eJqlel'lSeS for inspection, c::I:lec1d.n.J, etc. , incurred by CI'l'i' in
connection with said Project, and that DEVE!DPER shall have deposited with
CI'l'i', prior to execution of this ~, the am:u:nt as set forth herein
at Page 2 (Part C). Sha.Ild construction cost vary materially from the
estimate from which said sum is cal cnlated, the City Enqineer shall notify
DEVE!DPER of any additional sum due. and C7iIJ.rq as a result thel:eof.
7. INDlRECI' EXPENSES
It is :further agreed that DEVELOPER shall pay to CI'l'i', prior to
execution of this AGREEMENl', inlll:ect: ~ allocaliVa to processin;J
these imprc:wements, the am:u:nt as set forth herein at Page 2 (Part D) •
7A. MAP FII.ING FEE
It is fu'rther agreed that the DEVELOPER shall deposit with CI'l'i', prior
to execution of this AGREEMENT, for office c::I:lec1d.n.J of final. map and
field checkin;J of stteet ~, in ccmplianoe. with Section 4:1 of
ord.inan:::e No. 47 (ReVised l2/04/61) of CI'l'i', the ~ as set forth
herein at Page 2 (Part I).
Page 5
, 8. DEI1E!DEMENT MAINTENANCE DEl'OSIT K 575p~GE 678
It is further agreed that the DEI1E!DPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development lllaintenance deposit to .insure proper dust
control an:i clea.ni.m durinq the construction };:ericd. The development
maintenance deposit may be utilized for repairs of defects an:i
il1Iperfections arisinq out of or due to faulty workmanship aro,tor lllaterials
appearinq in said work durinq the };:ericxi until, release of the brpr:cverrsnt
I:lonis by the CITY. Should the IlE.'VEl:OPER o:::mplete the required repajJ:j3 to
the entire satisfaction of the CITY, the unused balance will be retm:ned
after the release of the brproveme:nt bor.ds.
9A. S'lORM IlRAllWiE FEE
It is further agreed that the DEI1E!DPER shall deposit with the CITY,
prior to eXecution of this AGRm!ENT, a stoJ:m drainage charge in
connection with said Project in accordance with the requiren"ents
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) •
9B. WATER MAIN EXTENSION I.lEPOSIT
The DEI1E!DPER further agrees to deposit with the CITY those monies
required to comply with "Policy on water Main Extensions WOrk an:i
Deposits" elated 9/30/77. '!he deposit shall be held by the CITY until said
m::rnies aJ;'e needed to brplE!.lllE!.l'lt :i.mprcvements aItlined by the Director of
Public WOrks or i:mprovE!.lllE!.l'lts aItlined within the adopted water Master
Plan (PARI' K, Page 2).
10. ONE YEAR ~ a::s:r
It is further agreed that the DEI1E!DPER shall pay to CITY prior to
execution of this AGREEMENT, the. a:nntnt as set forth herein at Page 2
(Part G)', 'Which amount represents the power cost for street lights for one
year.
11. THE INSTAU.M.'ION OF S'lliIEEl' TREI!S
It is fI.lrt:l'u?r agreed that the DE.VEI.OPER shall, at such time as d!>e!!'l9t'l
app:r:opriate by the City Erlqineer, plant sLLeet trees in confonnanc:e with
the stan:iards of the City of 0Jpertin0. variety of tree shall be selected
from the City ~ list.
~. PARK FEES
It is further agreed that the DEI1E!DPER shall pay such fees aro,tor
dedicate such lan:i to the CITY, prior to execution, as is required within
"Park Dedication 0rd.i:na:n0e." Number 602, 1972, an:i 'Which is further
stipulated under Part J, Page 2 herein.
Page 6
13. MAINTENANCE OF ~ ·K 575PAGE 679
It is further agreed that the DEVEI.OPER shall niaintain the Work until
all deficiencies in the WO~ are co~ to conform to the Plans an::!. the
City stan:'lards an::!. specifications for the Work. 'Ihe DEVEI.OPER shall, upon
written notice thereof, illImed.iately repair or replace, without: cost or
obligation to the city of CUpertino, and to the entire satisfaction of
said ClTll, all defects and ill1pe.rfeCtions arisin;r out of or Clue to faulty
worllll1anship am,tor materials appea.rin;r in said work.
14. SANITARY DISTRIcr
It is further ~ that the DEVEI.OPER shall file with ClTll, upon
execution of this AGREI!MENl', a letter fran the CUpertino Sanita:J:y District
stat.in;J that the DEVElOPER has entered into a separate AGREEMENT with the
said District to install sanita:J:y sewers to serve all lots within said
Project an::!. stat.in;J that a bard to insure fuil an::!. faithful performance of
the construction of the said sanita:J:y sewers an::!. to insure maintenance of
said sanita:J:y sewer in conformance with the pravisions as set forth in
ParagraIil13 above has been filed.
15. ~CODE
It is further agreed that IlEVEI.OPER shall file with ClTll, upon
execution of this AGREI!MENl', sul::istantial evidence that all pravisions of
Section 66493, Article 8, t1Iapter 4 of the GoVernment Cede, pertainin;J to
special assessments or bards, have been complied with.
16. c.:EN:mAL FIRE DISTRIcr
It is fUrther agreed that the DEVEI.OPER shall file with the ClTll, upon
execution of this AGREI!MENl', a letter fmm the Central Fire P.rotection
District of santa Clara Cbmty, stat.in;J that the DElJEIJjPER has entered
into an AGREEMENT with said District to install f.i:re hydrants to serve
said Project an::!. statin;r that all necessary fees have been deposited with
said District to insure installation an::!. five (5) year rental fee of said
hydrants.
17. S'l'REEl' LIGHl'ING
It is further agreed that the DEVEIDPER shall apply for the
installation of electric pc:1oIerfor street li.gh.tin;J at the earliest date
possible.
18. PAc:IFI:C Gl\S lIND EIEClRIC/PACIFIC BEIL
It is further ligl:eed that the DEVEI.OPER shall pay to PaCific Gas an::!.
Electric t"r!mpany .am,tor to Pacific Bell Mrf an::!. all fees required fOr
installation of overhead and/or ~ wirin;r circuits to all
electl."olie:rs within said property an::!. Mrf an::!. all fees required for
~ as pravided in Ol:t:llnance No. 331 of ClTll when DElJEIJjPER is
notified by either the City Erq1neer or the Pacific Gas and Electric
COnv;lany am,tor Pacific Bell that said fees are Clue and payable.
Paqe 7
19. EASENEN'I'S AND RIGHl'-OF-WA'i' K 57 5PAGE 680
It is further agreed that arrj easement· arxl right-Qf-way necessary for
ccmpletion of the Project shall be acquired by' the m.vEI.OPER at his own
cost arxl expense. It is provided, ~er, that, in the event eminent
domain procee:l; rgs are requiJ:ed by the c:IT:i' for the purpose of securirq
said easement arxl right-Qf-way, that the m.vEI.OPER shall deposit with c:IT:i'
a sum coverirq the reasonal:lle market value of the larxl proposed to be
taken arxl to be included in said sum shall be a reasonable allCManCe for
severance damages, if arrj. It is further provided that in addition
thereto, such sums as :may be required for legal fees arxl costs,
engineerirq, arxl other incidental costs in such reasonable amtmts as the
c:IT:i':may require shaH be deposited with the City of 0Jpertin0.
20. IDID~
It is further agreed that, 0 ,uuencin:J with the performance of the work
by the m.vEI.OPER or his contractor arxl 00I'1tinuin;r until the ccmpletion of
the :maintenance of the work, the m.vEI.OPER shall indemnify, hold hannless
arxl defen:1 the c:IT:i' fran arxl aqainst a:rr;r or all loss, cost, expense,
damage or liability, or claJm thereof, occasioned. by or in a:rr;r way
whatsoever arisirq out of the performance or nOllpel'fo:cnance of the Work or
, the negligence or willful misc::onc:iuct of the m.vEI.OPER or the DEVELOPER I S
agents, enqJloyees arxl independent contractors.
21. lNSURANCE
It is further agreed that: '!he m.vEI.OPER shall take out, or shall
requi:re a:rr;r contractor engaged to perfom the Work to take out, arxl
:maintain at all tiJIIes durirq the perfo:rmance arxl :maintenance of the work
called for or requi:red to be done hereunder, a policy of insurance na:ming
the c:IT:i' arxl members of the City Cwncll of the City of CUpertino,
individually arxl collectively, arxl the officers,. agents arxl employees of
the City individually arxl collectively, as insured. said separate policy
shall provide bodily injury arxl property da:maqe cove:i:'age to the foregairq
rIalle::i c:IT:i' arxl individuals coverirq all the work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury arxl property damage insurance
I11IJSt be on an occurrence basis; arxl said policy or policies shall provide
that the coverage afforded thereby shall be pri:mary coverage to the full
litnit of liability stated in the declarations, arxl if the City, its
:members of the City 'CcAlncil individually arxl collectively, arxl the
officers, agents, and emp+oyees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
A. Each of said policies of insurance shall provide coverage in the
fol.l.ow:in;J :minilJun am:JUnts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damaqe, $50,000 on acx:ount of a:rr;r
one occurrence with an aggregate llmit of not less than $200,000.
Page 8
K575PAGE 681
B. '!he DEVELOPER shall file with the city :en;,ineer at or prior to
the t.tme of exea.rt:ion of this J\GREl!MENT by the DEVELOPER such evidence
of said foregoing policy or policies of :insurance as shall be
satisfactory to said city :en;,i:neer. Each such policy or policies shall
bear an endorsement preclucli.n;J the cancellation or reduction in
coverage witl1rut givin;J the City :en;,ineer at least ten (10) days
a.dV'arli::.e nXice thm:eof.
C. In the event that the Project covered herein shculd be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the sta.te of california, the
policies of insurance required herein an:i aboVe shall oo-name such
municipality or political subdivision an:i the provision set forth
herein an:i above for the protection of the CI'l'lr shall equally apply to
municipality an:i political subdivision.
22. MAPS AND/OR DIE'ROVEMEm' PIANS
It is further agreed that the DEVELOPER shall fumish CI'l'lr with the
follCMin;J maps an:vor plans at his own expense:
A. A mylar sepia an:i seven (7) pr.i.nts of fully execu.tai parcel maps.
B. A mylar sepia an:i ten (10) pr.i.nts of fully execu.tai improvement
plans.
c. A direct duplicatin;J silver negative microfilm aperature card of
all executeQ imprc:M;lment plans an:i maps.
It is agreed that the sepia, pr.i.nts an:i microfilm of maps will be
furnished within one month follCMin;J :recoJ::t3ation at the Ccllnty of santa
Clara.
It is also agreed that tbe sePia, prlnt:s an:i microfilm for improvement
plans will be furnished within one month follCMin;J the signing of the
plans by the CI'l'lr.
23 • DEF.E:RMENT
It is further agreed that the DEVElOPER shall :fumi.sh, const::ruct an:i
install at .his own expense, either upcn six (6) months notice £rem the
CI'l'lr, in which event the Work IIIllSt be CCIIIIpleted within one (1) year
thereafter, or in the allsence of such notification, :no later than five (5)
years an:i six (6) months from the date of this .!IGREENENl', the follCMin;J improvements: All standard street improvements.
Page 9
EXHIBIT "A"
GRANTORS: SUSAN A. FUJIMOTO and DEANE A. GARDNER
GRANTEE: CITY OF CUPERTINO, CALIFORNIA
K 57 5PlIGE 682
All that oertain real property situate in the oity of Cuper-
tino, County of Santa Clara, State of California, being a por-
tion of lands described in Grant Deed to Susan A. FUjimoto and
Deane A. Gardner, recorded on Ootober 15, 1987p in Book K324 at
Page 2221, Santa Clara County Official Records, more particularly
described as follows:
Beginning at a point on the northerly line of Cupertino
Road (formerly Stevens Creek Road) distant thereon S89° 53'E
70 feet from the southwesterly corner of the "MAP OF RUSSELLHURST
SUBDIVISION, MONTA VISTA", filed in Jool:: "I''' of lI'laps at Page 22,
Santa Clara County Records; thenoe along said northerly line
S89 0 53'E 84.96 feet; thence along a curve to the left having
a radius of 15 feet through a central angle of 900 07' an aro
length of 23.59 feet to a point on the westerly line of Hillcrest
Road (formerly Crescent Road), 40 feet wide; thence along said
line North 1.32'.45 feet to the northeasterly corner of Grantors I
lands; thence along the northerly line thereof N8g 0 53'W 10.00
feet to a point which is distant 30 feet at right angles from
the oenterline of Hillcrest Road; thence parallel with said
oenterline South 117.45 feet; thence, along a curve to the right
having a radius of 20 feet through a central angle of 900 07'
an arc length of 31.46 feet to a point which is distant 30 feet
at right angles from the centerline of Cupertino Road; thence
parallel with said oenterline N89° 53'W 70.77 feet to a point
on Grantors' westerly boundary; thence along said line S4 0 40'E
10~03 feet to the point of beginning. Containing 0.058 of an acre,
more or le6S
FUJ 1M OTO ~ GiARDI-JER
APN 32~-1<0-15
K .324 O.R. 2221 '
, + ' , A= O. ~57~ -Ac Gross
A= .05 7'i> ± Ac Dedication
A '!:I ' 0.-:'00 -:t Ac N.ET
North
•
£ X H I BIT II B' II
DEf)ICATltJA/ PLAT
TtJ CITY tJF' CUPER71NO
Scale: 1":::30 I AP"e: 8J!!J88
HILL CREST )?[) (Fd2kfGRt.)' CRESceNT .eD).
)
,'.;,.':'--'" 'K 575PAGE ",;"
, .
SV 27768
LEGAL .DESCRIPT10N •
• All that certain real property, situate in the City of Cupertino, County of Santa
Cl.ra, State of California, described as follows.
ALL OF LOT 10 and Portions of Lots 11, 12 and 13, as shown upon that certain
Map entitled';""TfMap of Russallhurst,' Monta Vista", which Map was filad for
record in tha office of tha Recordar of the Coun.ty of Santa Clara, State
of California, on April 11, 1917 in Book P of Maps, at page 22, and more
pa rticularly described .5 follows!
BEGINNING at a point in the Northerly line of Stevens Creek Road, distant
thereon South 89° 53' East 70 fe .. t. from th .. Southwesterly corner of the
Russ .. llhurst Subdivision, as shown on th .. Map her .. inabov .. r .. ferr .. d tOI thence
along add 1111 .. of Stev .. ns Cr .. ek Road, South 89° 53' East 85 feet, thence on
a curv .. to the left with a radius of 15 feet, for a distanc .. of 23.56 feet;
thenc .. along the West .. rly line of Cr .. scent Road, North 133 fe .. t; th .. nc ..
parallel with said lin .. of Stevens Cr .. ek Road, North 89° 53' West 110 fe .. t;
th .. nc .. parallel with the W .. sterly line of said Russ .. llhurst Subdivision,
<;outh 4' 40' East ~ f .... t. mor .. or less, 1,<> the Point of B .. ginning.
"
684
,
GENERAL ACKNOWLEDGMENT
7110122
OFFICIAL SEAL
LOREnA J SHURR
NOTARY PUBLIC -CALIFORNIA
SANTA CLARA GOUNlY
My comm. oxplr .. MllY 26, 1900
the undersigned Notary Public, personally appeared
.:5&;..$&=/11;1 j:&/r /J2{J7ZJ 'I J1-1'fAiE",d{?iJJ>II/Ep
o personally known to me
libroved to me on the basis of satisfac ory evidence
t6 be the person(s) whose name(s) .... _subscribed to the
within instrument, and acknowledged that -L.£..l.-U---;''----_,executed it.
~,"M'MW wAf; &AdA.,./
a s Signature /
NATIONAL NOTARY ASSOCIATION. 23012 Ventura BlVd •• P,O. Box 4625. Woodland HIDs, CA 9'384
• ""'
--,
K575PAGE 685
-' until such notification is made by CITY, or such t:iJne has elapsed,
sections numbered 2 through 23 excepting 9 et" al
are hereby deferred. 'Ibe DEVEIDPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other public
agencieS to provide the ~rcvements set forth herein urxl.er a joint
cooperative plan, including the fonnation of a local ~ement district,
if this method is feasible to secure the installation and construction of
the ~rovenents.
24. SUcc:ESSORS -RUN WI'1H I1IND -A.P.N.
'Ibis AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVEIDPER. It is agreed and
urxl.erstood that this 1\GREEMENI' shall be filed for record in the Office of
the County Recorder of the County of santa Clara, State of california and
that the covenants in this AGREEMENT shall = with the land, a
description of which is contained in Exhibit"B;-/Whlch is attached hereto
and made a part hereof by reference, and is for the benefit of the other
lands in the City of CUpertino.
IN wrrnFSS WHERIDF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVEIDPER has hereunto caused his name to be affixed
the day and year first above written.
All signatures require notary acknowledgnent.
Exhibits A and B Attached f b -I
Pa<;je 10
(Rev.3-1986)
CITY OF aJP.e:RI'JCNO: