Vallco Park Ltd. 2nd amendment 5-3-76 Reso 4161 (x-ref 91-023)M 1
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iD Fti�SV it 1. iUd.\ 4.i" cJ.a�E i���UNCT' i O RE C:. �!I 011 l.\.'k F.• ` IBO
MODIFYING zLXJl "INC Alii R4T_Gu S :JGUEI4FN
OF C-UPERTINO &ND VA'�I 'O PARK, V1. fa .
WHEREAS, the City Council did authorize oc. October 8, 19714, thy- execu':io:
of an Air Righr2 Agreereat by and between Va_lco Park:, Ltd. , a Cal,:ifoinis.
Limited partnership., and the City of Cupex°.ino and fv.trher .;mended by Suppie-
ment to Agreement dated as of August 5, 1975; and
WEnF.AS, the city and Val.,'co desire t5 a -,4e ct -^•e existiiiS Agreement 11.n
`SE' !:. forth in Second Amendment 2:o RgrFr�me_l t ; and
W11M.AS, the C:ty hereby quite•aaims and r4:leases to Vailco all of its
title, and iait•erest under the existing agreement and as cies,:ribed
in Exhibit "B" of Second Amendment to Agreement;
N'CW, TjiEREFORE, RE IT RESOLVED thst the M.iyor and the City Clerk* are
t,ereby authorized to execute the Second Amendment to Agreement in behalf
::f "h¢: City of Cuperi:ino and have raid Sicofad Ame,-dizenz: to Agreement recorded.
PA>SSED A:iD ADOPTED at a reg'ilar weexing, of thr City Council of the
:;icy or Cupertino this .3xA_ day Of._.''.iii'. __9 1976, by tho following vote::
.0C>cft1 _
A%�2 "
Va•VoteMe►nbers of the C,,+:Y Council �'' -w I>r fA
AI E,S: Frolic.h, ?ackson, Nellis, O'Keefe, Meyers mf7w0 rr,-q )F& an
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None f� aINkD�
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a:;3T,.Ifii: None N� V2 � Z7)ti�
NO FEE
ATTEST:
City
/s Robert W. :levers
-Mayor, City of Cuper'z iuc
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CITY
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SECOND AMENDMENT '20 AGRUEMENT
THIS SECOND AMENDMENT TO AGREEMENT made and
entered into as of March 1, 1976, by `nd between the CITY
OF CUPERTINO; (-kLIrOINIIA, a municipal corporation ("City") ,
and VALLCO PARK, L.TrJ' . , a California. limited partnership,
W z T N E S S E T H:
A. City and Vallco are parties to a. certain
Agreement dated October 8, 1974, recorded October 17, 19'74
in Book B135 of the Official Records of Santa Clara County;
California, at Nage 370, as amended by Supplement. to
Agreement dated as of August 5, 19751 by and between .ity
and Vallco, recorded in Book B571 of the Official Records
of said Comity at P:Age 724 (the "Exist.ing Agreement")
B. City and Vallco desire to aw iF�nd the E.)::.:Lst--r'.g
Agreement in the manner hereinafter set forth.
NOW, THEP.EFORE, in consideration of the mntual
covenants rind agreements herei.iiafter set forth, it is agreed
as follows:
1. The location of the perpetual and exc�usive
easement granted by City to vall.co pursiiait to Paragraph 2
a) (ii) of the Existing Agreement shall, notwithstaiiding the
locat-on therefor designated on Exhibit B to the Existing
Agreement, be in the iacai io-n described in Exhibit. A attached
hereto and by this reference made a cart thereof.
2. City hereby yu.itclaimi; am releases to Vallco
all of its right, title and interest uiider the E� ting
Agreement in and to the real property described in :Exhibit L
attache•_i herr--to and by thin roiarence made a parr tievr-ofp
d�Cf S/MAc..l'�rd! �:,...ra's::t iir Y:sna► :k4�
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provided howevr.r that nothing here:;.n cUntained shall be. & �med
to xel:�asu Vallco frorr the obligation to nay to City the
suras set forth in paragraph 1.2 of ::he .Exi _;t;_n,1 Aarneire ,t .
3. Except as hereby amended, the Existing
Agreement shall remain in full force and er ect and; as hereby
amended, is ratified and confirmed and sttall bind and benefit
t,' -,e parties h Preto and their respeci.-Lve successors, su.:-cessors
in interest ac,a :,ssigns.
IN WITNESS WHEREOF, the parties hereto have
execute2 this Agz-r�er►ent as of the day and year first above
written.
CITY Of CUPERTINO, CALIF OPNIA
ATTEST:
lay ,.....1
Mayor, City of Cupc�s tiro
City Cle
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VALLCO PARK, LTD.,
�y By Its Viree General Partners;;,. i
1 . `lallco Park ,a
je California
By fir-
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By o'li'crcw' "
Secretary
2.
- Will W. Lester
Burrei Leonard I
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C !OC PA6E240
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this /Vr day of April, 1976, before me,
844&j*A C. , Nota.:y Public in and for the
County of Santa Clara, State of California, personally
appeared IPoRwar w• MCV and A)0- QYZ)ZQ ,
known to me to be the Mayor and City Clerk, of the City
of Cupertino, a public corporation, and known to me to be
the persons who exec,atea the within instrument on behalf
of said public corporation and acknowledged to me that such
public corporation executed the same.
�w0000e_
OFFICIAL SEAL
Barbara C. Leeper
NO'APY PU8LIC • CAL FJRN1A
PR NCIPAL CFF:CE IN THE
Ci UNTY OF SANTA CLARA
My Comtniuion Expires Jul; I, 1980
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STATE OF CALIFO NIA )
) ss.
COUNTY OF SANTA CLAIM )
On this 28th day of April, in the year 1976,
before me, the undersigned, a Notary Public in and for said
County and hate, personally appeared EURREL LEONARD
known to me to be the President and WALTER P. WARD
known to me to be the Secretary of Vallco Park, Ltd.
the corporation that executed the within instrument and
known to me to be the persons who executed the within instru-
ment on behalf of said corporation, said corporation being
known to me to be one of the partners of Vallco Park, Ltd.,
the partnership that executed the same as such partner and
that such partnership executed the same.
�It 91(//1111/hl//O1/N199(1(9Ut(/1(tp(11/11((19///M/y �
My commission expires: os IctAL SEAL 0
i ,CHADO
NOTARY PU•t!_iC-''ALiFORN IA L'
L' `� COU.:I Y pF 7, L.Ai.tiE DA
My Ccmmlarlcn Gpuet lune 13, 1977
���:: /:iial[[/I[ICIC' "e., CI_•; UStlSlp/i!!.I9[[li(1/t�
STATE OF CALIFORNIA- )
sS.
COUNTY OF SANTA CLARA )
On thi-_ 28th .day of April, in the year 1976,
before me, ti,e undersigned, a Notary Public, personally
appeared Bvr�el Leonjlyd, known to me to be one of the general
partners of the partnership that executed the within instrument
and acknowledges: to me that such partnership executed the same.
Notary Publ;c
Qill 1!(11/1(////p1D(191tl 9[/11t1v:9 5 [U11111111111/111/ 11
My commission expires: �DFFICL%L SEAL
CeFRT!;'. 10F N J
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F'U9:.:C :L!FCRpIA
�. LOU -Y i.F ALAtA,;DA
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11197 /1 ,14'
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Notary Public
May commission expires:.4v
� -:UI-=7111»a7n[ugsun•7.:[: -,•t!`!1C•7:Itlf[q/yll
t C Ry PU:_- AI_IFJi2N 1A
My C .". —i" Epp, sa ;ur,e 19. 1977
�//9U/((1[/11/q///[/!11[Slttlt2N't lU0lS7l?[+191//11t�
STATE OF CALIFORNIN )
ss.
COUNTY OF SAFTA CLARA )
s On this 28th day of
'
April, in the year 1976,
before me, the undersigned, a Notary
Public, personally
appeared Will W. Lester, known to
me to be on,2 of the general.
F partners of the partnership that
executed the. ,aithin instrument
and acknowledged to me 1 -}:at such
partnership executed the same.
E
Notary Public
�It 91(//1111/hl//O1/N199(1(9Ut(/1(tp(11/11((19///M/y �
My commission expires: os IctAL SEAL 0
i ,CHADO
NOTARY PU•t!_iC-''ALiFORN IA L'
L' `� COU.:I Y pF 7, L.Ai.tiE DA
My Ccmmlarlcn Gpuet lune 13, 1977
���:: /:iial[[/I[ICIC' "e., CI_•; UStlSlp/i!!.I9[[li(1/t�
STATE OF CALIFORNIA- )
sS.
COUNTY OF SANTA CLARA )
On thi-_ 28th .day of April, in the year 1976,
before me, ti,e undersigned, a Notary Public, personally
appeared Bvr�el Leonjlyd, known to me to be one of the general
partners of the partnership that executed the within instrument
and acknowledges: to me that such partnership executed the same.
Notary Publ;c
Qill 1!(11/1(////p1D(191tl 9[/11t1v:9 5 [U11111111111/111/ 11
My commission expires: �DFFICL%L SEAL
CeFRT!;'. 10F N J
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F'U9:.:C :L!FCRpIA
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280 PAC1242
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, being a 20 foot wide
-strip, bounded by 'planes projected vertically at the parcel limits,
above the horizontal plane at elevation 196.50 feet, according to
the datum of the City of Cupertino; (City of Cupertino Official
Bench Mark B14-1 - Elev. 179.40) the centerline of -,which is described
as follows:
BEGINNING at the monument at*the centerline of Wolfe Road and Vallco
Parkway, as Shown on that certain Parcel Map, recorded in Book 325
of Maps at page 12, Santa Clara County Records;
'thence easterly along the centerline of Vallco Parkway as shown on
.said Parcel Map, N 8805446" E., 314.06 feet;
thence at right angles S 1*05'14" F." 55.00 feet to the TRUE POINT OF
BEGINNING;
.Ahence N 1*05'14" W, 110.00 feet.
The northerly terminus being the northerly right-of-way line of
Vallco Parkway and the southerly terminus being the southerly right -
Of -way line of Vallco Parkway.
Exhibit A
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Legal De•.r;ription
All that certain real property situate in the City of CupertL' County
�. of Santa Clara, State of California, :aore .particularly described as
-follows:
;'BEGINNING at the intersection of the monument 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 monument line of Wolfe
Road as shown on said map;
t-ence along said monument line of Wolfe Road, N 1`05114" W, 75.00
feet;
thence leaving said monument line at right angles thereto N 8854'46" E,,
76.00 feet to the TRUE POINT OF BEGINNING;
•thence N 1°05'14" 1-1, 212.91 feet;
thence N 88°54'46" E, 243.84 feet;
thence N 105'14" W, 46.19 feet;
thence N 88°54'46" E, 65.00 feet;
thence N 1 ° 05' 14" W. 347.65 * f eet;
thence S 8854'46" W, 48.02 feet
thence N 46°05'14" W, 75.68 feet;
-thence N 1°05'14" W, 432.70
• thence N 8854'46" E, 384.58 feet- r- _ paint in the northeasterly line
of Pare_ -1 1 as shown on said Parc, i :,fat,;
thence along said northeasterly line S 60°14'49" E, 123.58 feet to the
j northeasterly corner of said parcel, said corner being common to the
most northerly corner of Parcel 2 as shown on said map;
thence along the easterly line of said Parcel 1, said line being common
;:o the westerly line of said Parcel 2, S 1'0.5114" W, 1049.61 feet to a
Er point in a line that is parallel with and 55.00 feet northerly measured
at right angles from aforesaid monument line of Vallco Parkway;
..thence leaving said common line along said parallel line S 88`54'46"W,
678.00 feet; ,
thence leaving said parallel line along a tangent curve to the right
having a radius of 20.00 feet, through a. central angle of 9000'00",
an are length of 31.42 feet to the TRUE POINT OF BEGINNING.
i.
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