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17-162 Re-Recordation of Acknowledgement to Maintenance Agreement, 10234 Scenic Boulevard, APN's 357-08-014 and 357-08-047REC ORDING REQUESTE D BY: City of Cupertino WHEN RECORDED , MA IL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 23773298 Regina Alcomendras Santa Clara County -Clerk-Recorder 10 /11 /2017 12:22 PM Titles: 1 Fees : $0 .00 Taxes : $0 Total: $0 .00 Pages: 8 (SPA CE ABOVE THIS LINE FOR RECORDER'S US E) RE-RECORDATION OF ACKNOWLEDGEMENT TO MAINTENANCE AGREEMENT 10234 Scenic Boulevard APNs 357-08-014 and 357-08-047 (Adding Effective Date to Maintenance Agreement) ~-Original 0 For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) C I 't '/ OF-6..-t.P efl--n-,,--J o ) Q,.L t 'I A"f10 R .. Jv &-'I ) 1 O 3 OD TO ~G frVc;J\J V.. E:__ ) euJ? €A--n)v~ j cA . c; fD 1 1i ) SP A CE ABOV E FOR RE CORDER 'S US E ON LY ACKNOWLEDGEMENT TO MAINTENANCE AGREEMENT 10234 Scenic Boulevard APNs 357-08-014 and 357-08-047 THJS ACKNOWLDEGEMENT ("Acknowledgement") TO THE MAINTENANCE AGREEMENT ("Agreement") is made and entered between Wei Xie and Caixing Xie, ("Declarant"), and the City of Cupertino ("City"). RECITALS: The following recitals are a substantive portion of this Agreement: A. The real property described in Exhibit "A " ("Property") and improvements that comprise the subdivision located at 10234 Scenic Boulevard ("Project") within the City, County of Santa Clara, State of California. B . City is a municipal corporation duly organized and validly existing under the laws of the State of Californ ia with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code . C. Declarant shall include any and all heirs, successors in interest, or assigns of the Declarant. D. As set forth , the provisions of this Acknowledgement are intended to and shall run with the Property and be binding upon all owners, successors and assigns of the Property, or any portion . E. The purpose of this Acknowledgement to the Agreement is to record the date the Agreement was entered into. This Acknowledgement is incorporated as part of the Agreement. NOW, THEREFORE the parties hereto agree as follows: 1 . Maintenenace Agreement Effective Date: The Agreement made was entered into on October 241 \ 2016 between Wei Xie and Caixing Xie, subject to item no. 9 , ("Declarant"), and the City of Cupertino ("City"). This is the Effective Date of the Maintenance Agreement. Page 1 12 2. Recordation: This Acknowledgement shall be recorded and shall be executed and acknowledged in proper recordable form . 3 . Release of documents: Declarant consents to the attachment and recordation of this Acknowledgement as part of the Agreement with the attached Exhibit A "Legal Description of the Property" and "Plat Description of the Property." Executed the day and year first above written . DECLARANT: We i Xie and ~aixi~ By :~ Name: U e_~-;(-e..___ By ?vP:{2'0 Name: Ce) ')(,''Pf X t 1e.- CITY.9F C~PERTINO d By: /I ".J / (___., Name: 7 .id, ( L j 6c 11 dl Ir Title: L, ~I /11/l ti' /\ Y1 / I :; Approved as to Form b&( ~ City Attorney Page 212 (notary acknowledgement attached) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Santa Clara ) On October 5, 2017, before me, SHANI C. COLSON, a Notary Public, personally appeared WEI XIE and CAIXING XIE, who proved to me on the basis of satisfactory evidence to be the perso ~ whose na ~(§,)) is ar subscribed to the within instrument and acknowledged to me that he/she/~xecuted the same in his/her/itnei'r uthorized capacit ~s{ and that by his/her/~ signature~ on the instrument the perso ~, or the entity upon behalf of which the perso ~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si gn atureJ{ C CL (Sea l) I "4 ~;,~-~., · SHANI ·c. co..:soN 1 p/.i'/.q_A,,.~· Commission No .2122470 ~ ~\!f ;·] '~, NOT ARY PUBUC-CALIFORNIA ~ v;.;~ ;'' . S_ANTA CLARA COUNTY ~:1~·-0:t··" My Comm/Expire.s A_UGUST 7. 201 .9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _J._"'-_ ..... _-ht __ (/.~_q__,.-~'Z-- On _U_c_+_._(_0_2-_v_/ _~ before me, _,__...c...l _,-_-.S'_-h_e_v-J_;___~_e_0_e_e_....::f :_+~v_c£._r _u_' 'l....,__ ____ , Notary Public, (Here insert name and e of the officer) personally appeared ____ _,_LJ~O--J __ c' _J __ (S_v-;_"'-_ .... ~J_f _______________ _ who proved to me on the basis of satisfactory evidence to be the personks) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in.llisLher/their authorized capacity~, and that by ~er/their signatur~ on the instrument the person{sr, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ____ _ (Additional information) CAP A CITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ___________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e . certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before th e notary public for acknowledgment. • Date of notarization must be the date th at the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. ••• Additional infonnation is not required but could help to ensure thi s acknowledgment is not misused or attached to a different document. •!· Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capac ity is a corporate officer, indicate th e titl e (i.e. CEO , CFO , Se cretary). • Se curely attach thi s do cum ent to the s igned do cum ent C 2004-20 15 Pro l.i nk Signi ng Serv ice, Inc. -All Rights Reserved W\Vw.ThePro Li nk.c..:o m -Na ti onwide Notary Service LEGAL DESCRIPTION FOR QUIET TITLE All that certain real property situated In the City of Cupertino, Santa Clara County, State of California, lylng between the easterly boundary of "Section" 13 of map entitled "MONTA VISTA PARK" which map was recorded In Book "P" of Maps at page 19, Santa Clara County Records, and the southwesterly line of that certain record of survey for said City recorded In Book 667 of Maps at pages 35-37, Santa Clara County Records, more particularly described as follows: Beginning at an Iron pipe monument set at the southeasterly corner of Tract No. 5915, "THE MEADOWS OF CUPERTINO" recorded In Book 384 of Maps at pages 18 and 19, Santa Clara County Records, said monument also being the southwesterly terminus of the course S 49° 03' OS"W 176.14 ft. as shown upon said record of survey for said City. Thence along said southwesterly line of said record of survey S 46° 51'44"W Z06.49 ft. to an iron pipe monument set by said record of survey distant N 12° 57' 34"W 22.07 ft. from the northerly line of Parcel B of parcel map recorded fn Book 441 of Maps at page 3, Santa Clara County Records. Thence leaving said southwesterly line of said survey and along the southeasterly line of "Sectlo,n" 13 of above mentioned "MAP 9F MONTA VISTA PARK II N 12° 57' 34"W 58.91 ft. to an a~gle point on the easterly line of said "Section". _, . Thence along said easterly· line of said "Section" N 47° 08' 14"E 123.16 ft. to the northeasterly corner thereof on the southerly line of the above mentioned Tract No. 5915, distant thereon S sgo 59' 46"E 63.Zl ft. from an iron pipe at the southwesterly corner ci( ;aid Tract also being the southeasterly corner of "Section" 11 on the northerly line of "Section" 13 of the aforesaid MAP OF "MONTA VISTA PARK". Thence along the southerly lfne of Tract No. 5915, S 89° 59' 46"E 73.61 ft, to the point of beginning. Containing 834Z.04 square feet or 0.1915 of an acre, more of less. Refer to PLAT accompanying this description which is hereby made a part thereof. Date: September 15, 2016 Prepared by: Edwarcl J. Hahamlan, RCE 1 Traverse View -Area to QC (Grid Bearing, Grid Dis~ Feet) 8342.04SqFt O. 192Acres Grld Dlst (Inverse grid coordinates) Grid Bearing (Inverse grid coordinates) File: Scenic Blvd PM-7s02-16 Date:8-13-2016 Point Type Grid Bearing Grid Dist Northing Easting Description 52 528.229 1002.166 Rec 63.21 lot 12 323A . S89°5$'46"E 73.61 528.224 1075.780 325 . S46°5 .1'44"W . 206.49 387 ;037 925.103 FdlP 54A N12'57'34'W 58.91 444.450 911.891 52 N47°08'14"E 123.16 528.229 1002.166 Rec 63.21' lot 12 I ,· Sl:SE&sn 'ZMtr'NtafftfM r T't ·--Mtl59fflSSZ '? Q' '!. 1t,Jb4 . ..-""1J!.\'. . . Md"'CN?rm:::::m,:wc::rmrn:a .... il'C':Wsm:n,~ 0 <( 0 er:: z LIJ :?! er:: <( u I e !···INDICATES FOUND IRON PIPE MONUMENTS, _ I "1 ~ 00 N :N I i ...... ,.JI• 'e I ,, i . I ~ \ C, c_, (.. 1c. o~\ 1 • :x: //1 ~ /I : ; / l : ....C V') I / . " -l : ::> <( 11<(1 ::: <( 'd' O"I u 1- <1.() .-I .... t w z l-o ...I i.n' ..-i m U'I ci z 1-u <( n:: I- l!) 2 z z l!) w co u.. 0 1-z 0 Q. ' ,t>< r''" 1--VI 0 ··':,~"'' 0 0 ::: ~ Q_n,\,~ LU w L ... n,'l;, ,v . II) V'l "!,s·-v .-· ::: :: i,.V~ . . ' I I ' --I I -. . S89 S9' 46"E ~ J. I J · I' 63.21· , I -~ · --.__ _1 13,6 1 • I J' , ,. •· ~la ·/ ~\·· '\. ,,'-1,~ ' \)<-, , . <:;;),,, . 0 ,. 95 . '-JI$. R/S439M49 . "SEC." 14 "SEC." . I ____ L__ APN357-08-047 , PM 441 M 3, PCL i, ~ '· PREPARED BY 13 i ~~.- -~/' o~'o /.' ·5)) .,_~ ,;:;v· ~- .... "\ , ... / .:,,.v-·' ,-,' ~, ,• _rt"".'/ ,,,<-t"'"' ~~ ~"<o ~o /, 'w---/ / 0 <-,"-, .. 4-<o . f<.,~ ~~ o« ~q, ,$' ·<::{'-$ ,, C . ~"\~ . ~'>, . ~ o -t:·\i'· 'O · , ' 1 r -"'-• i' -·~1-~ . PLAT TO ACCOMPANY .DESCRIPTION FO R QUIET TITLE CUPERTINO, CALIFORNIA EDWARD J. HAHAMIAN, RCE .:fi SCALE: 1 INCH= 60 FEET SEPTEMBER 13, 2016 ~-:4::, N1 Ill.. .... ~ s( - ~ c::::,i ffi 1= ~ '-~ '· >-.. ; '-. Jll --··-····-···········-···-··-·--····-------··--------···· ····-... •····· ···-··-·-·····----"