Vallco Park Ltd. Supplemental agreement for an easement for column footings beneath Wolfe Rd 8-5-75TWt aR
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City Q: Ctgivrtino �(..4
• 10M Torre Avenue t4 0. _
� -.rpertino, CA 95014 .Lr REQUEST OF
t i•
I 02 W75
ry�,f
B. 571 le4S..� , a <.r1 a GO011
A MANN
SUPPLEMENT TO AGREEMENT � r"GO�ZCEA
This Supplement to Agreement made and entered NO SEE
ir. ti> as Cf August 3, 1975 by and between the CITY OF CUPERTINO,
CALIFORMA, a municipal corporation ("City") and VALLCO PARI:,
LTD., a California limited partnership ("Vallco").
WITAESSETH:
A. City and Vallch are parties to a certain
Agreement dated October 8, 1974, recorded October 17, 1974 in
Book B 135 of the Official Records of Santa Clara County,
California at page 3iu ttue "rX12S`Li119 HtjiCGUG1IL`1 i
B. Pursuant to paragraph 3 of the Existing Agree-
ment, City and Vallco desire to (i) supplement the Existing
Agreement so as to describe with particularity certain of the
easements canted therein by City to Vallco, and (ii) cause to
be granted by City to 'I- 11c0 an easement for column footings be-
neath a portion of Wolfe Road.
NOW THEREFORE, in consideration of the mutual
covenants and agreements herein set forth, it is agreed as
follows:
1. The area of the perpetual and exclusive ease-
ment granted by dause (i) of paragraph 2 a) of the Existing'
Agreement is legally described in Exhibit A attached hereto
and by this reference incorporated herein as though fully set
forth.
-1-
�r
571 ►aur?25
2. The area of the perpetual and exclusive ease-
ment granted by paragraph 2 a) of the Existing Agreement for
columns, supports, footings and foundations for the buildings,
ructurev and improvements located upon the easement granted
pursuant to said clause (i) of paragraph 2 a) is ldgally des-
cribed in Exhibit B attached hereto and by this reference in--
corporated 'herein an though fully set forth.
3. The area of the perpetual and exclusive ease -
went granted by paragraph 2 b) of the Exiating Agreement is
legally described in Exhibit C attached hereto and by this
reference incorporated herein us though fully set forth.
4. Subject to the terms, provisions, covenants
and conditions of the Existing Agreement, City hereby grants
GV YQ11C:V tVi [.11C i7C 11C 11 t. Vt, ¢is:a ari+ui a.ciaisisw a.v, s-isaa � vu •i•iiiy
with the land in favor of, t.t..e real property owned by Vallco
which is described in Exhibit A attached to the Existing Agree-
ment, the perpetual and exclusive easement to construct, to
maintain in place, and to maintain, repair, replace, recon-
struct and to use column footings #n the area described in
Exhibit D attached hereto and by this reference incorporated
herein as though fully set forth.
5. Except as hereby supplemented the Existing
Agreement shall remain in full force and effect and, as hereby
supplemented, is ratifi-ed and cc.nfirmed.
In Witness Whereof, the parties hereto have executed
this Supplement to Agreement as of pie day and year first above
written.
CITY OF CUPERTINO,, CALIFORNIA
Attest:
A
/r_J By :
B 571 PA -.-t726
VALLCO PARK, LTD.,
By Its Three General Partn4:rs
1. VALLCO PARK, a California
corporation
By
By —' ! • .
2. (-Aa-6A
Will W. Lester, enera Partner
3.
Burrel Leonard, Genera Partner
-3-
a ��f
C0U11*,rY UF:,A:;'IA CLARA jLs•
On this. r* day of 4alemr Its tiv� mc, the
underz1r,ncd, it E.oLary Public in and ror .:.aiti counq and state,
person'l 1y ;ipp•,,wcd Burrel ;.eo,rurcl, Knet-:n to me• ;,o be Lhe Pr.^.s t•tc
.v d vlalt^r Y, t-:;wd. kr►ut,r. to me to be Lhe : ecreLnr�t of V;t11co Par
Lhe corporaLion Lha t e.c:rcuted t)-sev:ithir: ::r:;:ruc�enL and knortn to
me to be the p^r:ons who exccut(fd the within in:;trumont on tiel•alf
of :.aid corporation, raid corporation lieu.(; known to me to be on^
of the parLner:: o: Vallco Park, Ltd. , the partnership that ext:cut
the sa.mo a:; such partner and that such partnership executed the
J,i:ma 0
My corunission expires:
SIPATIs OF CA1.1"011NIA
COUNTY OF SAIITA CLARA
�S5
On this y'~ day or Ra6&c7- in the year/47)-before--ma., the:
urderal,uned, a hUtary Public personally nppearcd Will 1.1. Lte
esr
-.�:i^I^ 1 n_ mn _1•� I.n._ n►l • .. *-- ..ham_. �rnH�f�_�1 l+t_rl+)-..i-�(�' f1 _�1�� 0; l
that executed ~uie vilthi.n instrument and acknowledged to me that
` such partnership executed the same.
•
.44itary 1'u lie
My commission expires: 2
OFFICIAL SEAL
CHRIS SADOWSKI
NOTARY wK;C •'CAUFORt.U1
STATE OF C ;LIFORUTA mNarA� oFacE 1N .THY
COUN" OP z"nA C"
COUI:TY OF SANTA CLARA
On LhAs y"'o cTny of 4N4wST 1n the. year NjU before:. r.^ i,r . j
under:;igned, a •IjoLary Public, ersonall;r appeared •Uurrel. Le,:•rr;r:•d
known to we to I,c one of the General partner:; of the ,p.:�•i•nL•i•::1�:�;z
th;,t exc•cuLcd tare within in; ; i•tuncnt and acknowled0ed L'o mu than
such partner-jl.ip executed the sale.
10 tai•S' !'ub11C .
I9y commission cxvires: _ _
OFFICIAL SEAL
CHRIS SADOWSKI
NOTARY-IPUIUC • CAL.FORNrA
mHoiPAL OFFICE m M@
COUNTY OF SANTA CLABA•
w C...�,o. ewGw w; 2,. ,9!� J
d 571 ► 028
MMIBIT A To SUPPLEMENTAL AGREL1rGNr
All that certain real property situate -in the City of Cupertino,
County of Santa Clara, State of Califor*L& being a 140 foot wide
strip, bounded by planes projected vertically at the parcel limits,
above the horizontal plane at eleva;ion 195.5 feet, according to
the datum of the City of Cupertino; City of Cupertino Official Benc
Mark BH -1 • Elev. 179.40.) the centerline of which is described as Pollows:
BEGIHNOG at the monument at the centerline of Wolfe Road and Vallca
Parkway, as shown -on that certain Parcel MAP, recorded in Book 325
of Maps at page 12, Santa Clara County Records;
-thence northerly along the centerline of Wolfe Road as, shown on said
Parcel Map, N V0511411 W, 496.56 feet;
thence at right angles S 88.54146" ,W, 94►.00 feet to tie .TRUE POINT
1d
OF BEG?MG;
-thence N 88.54'46" E, 170.00 -feet;,'
The easterly terminus being the easterly right-of-way line of•Wolfe
Roa4 and _the _westerly terminus beim the westerly right-of-way line
of Wolfe Road. '
EXHIBIT A
B 571 ?y,,f Zq
EXHIBIT B TO SUPI'. '"AL kL RUMENT
Ail that cert Clara,real Sr.patetofBG lifornfate in ,hmoretpartiof cularlpno
County of San
described as follows:
BEGINNING at the intersection o; the moaument line of Vallco, Parkway
as shown on that certain Parcel Map, recorded in Book 325 of Maps at
page 12, Santa Clara County Records, with the atonement line of Wolfe
Road as shoarn on said map;
th._nce leaving said monument line of Vallco Parkway along the
norgherly projection of said monument line of Wolfe Road,
N 1 05`14" W, 426.56 feet to the TRUE POINT OF BEGILTING;
thence
S
88054'46" W,
14.50
feet;
thence
N
1005'14" W,
140.00
feet;
thence
'M
8805446" E,
32.00
feet;
thence
S
1005'14" E,
140.00
feet;
thence
S
88054'46" W,
17.50
feet to the TRUE POINT OF BEGINNING.
5 71 ��;f 730
EXHIJIT C TO SUPPLEMENTAL AGREEMEN'8
All -that certain real property situate in the City of Cupertino
County of Santa Clara State of California, and being more parti-
cularly' described as follows: '
BEGINNING at the monument at the intersection of the'centerline of
Wolfe Road and Vallco Parkway an shown on that certain Parcel Map', .
recorded in Book 325 at page 12, Santa Clara County Records;
thence along the westerly prolongation of the centerline of Vallco
Parkway as shoran on said Parcel Map, S 88'54146'1 W, 94.00 feet;
thence leaving saidprolongation aiont, -: lime parallel to and 94.00
feet westerly of said centerline of Wolfe Road, N 1'05114" W,'924.22_
feet to the TRUE POINT OF $EGI MING;
thence continuing along said parallel line N 1°05'14" W, 95.26 feet;
thence along a tangent curve to the right whose -radius is 100.00 feet,
through a central angle of 20°56109", an arc length of 36.54 feet to
a point of reverse curvature;
tnc:&ce along a tangent curve co cne les"t,�:�u,r,�-
through a central angle of 18"28153", an arc length of 32.26 feet;
thence tangent to said curve N 1°22102" E, 71.50 feet to a point on
the right-of-way line of the lands of the State of California;
thence leaving said right--of-way line N 88"54'46" E, 171.63 feet to
a second point on said right-of-way line;
thence southerly along said right=of-way lineS 15x06131" W, 63.83
feeit;
thence leaving said right-of-way lim southerly along a line F :allel
to and 76 feet easterly of the centerline of Wolfe Road as shown on
said Parcel Map, S 1"05114" E, 172.58 feet;
thence at right angles S 88°54'46" W, 170.00 feet to the TRUE POINT
OF nEGINNINC.
y
r ~
E)a11DrT C
3
5 7 rnx?:31
All that certain real property situate in the City of Cupertino,
Ccnnty of f ants Clara, State of California, being^ �a 10 foot wide
strip, bounded by planes projected vertically at the parcel
limits below -!.n; borisoutal plane at elawtion 1-21.0 fest,
according t� the catue of the City of Cupertino (City of Cupertino
Official Sench t+srk BM -1 = Elev. 179.40), describ"d as follows:
4
BEGINNIM at the intersection of the moment line of Vallco Parkway
as rhowa on that certain Parcel Map, recorded in Book 325 of Maps at
page 12, Santa Clara County Records, with the monument line of Wolfe
Rcad as shown an said *yap;
thence leaving said mostument line of VallcoParlariy along the
naw a rlyy projection a; said*vmwmtnt line of Wolfe Road,
N 1 05'14" W. 426.56 feet;
thence S 88054'46" W, 84.00 feet to the ?BUS POIZtT OF MIMING;
thenco continuing S 88054246" W, 10.00 feet to the masterly line of
Wolfe Road;
thence along said line N 1005'14" W, 2040.00 feet; .
thence leaving said westerly line, It 8S054946" 8, 10.00 feet;
thence S 10051114" E, 140.00 feet to the ?BUS POINT OF BEGIN. ;r�;"T ;`�: ,
,
EXHIBIT D ''-�
THIS IS TO 1�� "THE 1NITHIN
INSTRUMENT'; RENT COPY
OF THE CLJI FILE 1 IS OFFICE.
ATI
CITY CLeltor" C I G
•� ;.: its , y � . c ..
Y
fsSs
30 B. 571
RESOLUTION 110. 3990
A RESOLUTION OF TBE CITY COEMCIL OF TU CITY OF CUPERTIMO
NDDITYING EXISTING AIR RIGHTS ACREQQR! BEM= TBE CITY
01 CUPERTINO AND VALLCO PARK, LTD. TO UMV--E TOOTING
EASENENT
iiiiER AS. the City Council did authorise on October g. 1974 the execution
of an Air Rights Agresmunt by and between Vallco Park. Ltd.. a California
United partnership, wd the City of Cupertino; and
WHEREAS. said agraesint allows for further definitinq of wemsnts as
required by either party; and
WHEREAS. Vallco Park. Ltd. requests the Incorporation of legal descrip-
tion ou Wolfs Road to clarify the extent of easemsats; y
vOY..TH>AORE. R8 IT RESOLVED that the Mayor and the City Clerk are hereby
authorised to execute the Supplarnt to Agresseat in behalf of the City of
Cupertino and have said Supplement to Agreement recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cuperciao *.his A,k_ day of Aummt . 1975,j by the following rotes
Vota Members of the City Council •_
r
ATPS: Frolich, Mayers, Nellis, Sparks
NOES: jfckaon
ABSENT • Nona
ALSTAIN2 None
APPTOVEDS
x
/s/_ Jades B. Jackson
Mayor. City of Cupertino
ATTEST:
City Clark .•• -
., ._,,..,a.wra ,. k • _ } A .. .fit � � � -•� „,`�,�'Sy,�•M -' � •,,�r�F r� '` �
•..,
� �
t~
THIS IS TO 1�� "THE 1NITHIN
INSTRUMENT'; RENT COPY
OF THE CLJI FILE 1 IS OFFICE.
ATI
CITY CLeltor" C I G
•� ;.: its , y � . c ..
Y
fsSs