19-040 Stormwater Management Facilities Operation, Maintenance, and Easement Agreement, Roman Catholic Bishop of San Jose, 23500 Cristo Rey Drive RECORDING REQUESTED BY:
24157260
City Of Cupertino Regina A 1 comendras
Santa Clara County - Clerk-Recorder
WHEN RECORDED, MAIL TO: 04/17/2019 09:44 AM
Titles: 1 Pages: 39
City Clerk's Office Taxes: 0 00
City of Cupertino Total: 0.00
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT
Roman Catholic Bishop of San Jose, 23500 Cristo Rey Drive, Cupertino, CA 95014
Original
O For Fast Endorsement
"NO FEE"
City of Cupertino
I
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code. j
This is to certify that the interest in real property conveyed by the deed or grant
dated March 1, 2019 from
Roman Catholic Bishop of San Jose, 23500 Cristo Rey Drive, Cupertino, CA 95014
to the City of Cupertino,a governmental agency,is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: April 3, 2019
By:
Cyrah Caburiari
Senior Office Assistant
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Torre Avenue
Cupertino,CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE§6103
Space above this line for Recorder's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION,MAINTENANCE AND EASEMENT AGREEMENT
23500 Cristo Rey Drive, Cupertino, CA 95014
This STORMWATER MANAGEMENT FACILITIES OPERATION,MAINTENANCE
EA MENT AGREEMENT("Agreement") is made and entered into this 11L day of
2019,by the Roman Catholic Bishop of San Jose, a California corporation sole
("Covenantor") and the City of Cupertino, a municipal corporation("City"). Covenantor and
City are referred to collectively herein as the"Parties"and each individually as a"Party."
RECITALS:
This Agreement is made and entered into with reference to the following facts:
A. The City is authorized and required to regulate and control the disposition of storm and
surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and
as it may hereafter be amended,the"Ordinance").
B. The Covenantor is the owner of a certain tract or parcel of land designated as 23500
Cristo Rey Drive, Cupertino, CA 95014 and more particularly described in Exhibit A attached
hereto ("Property").
C. The Covenantor desires to construct certain improvements on the Property that may alter 1
existing stormwater conditions on both the Property and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and
surface water flow conditions,the Covenantor is required by the City to build and maintain,at
Covenantor's expense, stormwater management and trash capture facilities ("Facilities")as
more particularly described and shown in the Stormwater Management Plan prepared by BKF
Engineers and dated December 17, 2018,which plan,together with any and all amendments,
-1-
I
r
including future amendments,thereto (collectively,the"SWMP"), are on file with the Public
Works Department of the City of Cupertino, California, and are hereby incorporated by
reference.
E. The City has reviewed the SWMP, and subject to execution of this Agreement,has
approved the SWMP.
AGREEMENT:
NOW, THEREFORE, in consideration of the benefits received and to be received by the
Covenantor, its successors and assigns, as a result of the City's approval of the SWMP,the
Parties hereby agree as follows:
1. Covenants Running With the Land;Property Subject to Agreement All of the Property
shall be subject to this Agreement. The Parties intend that this Agreement shall run with the
land, shall be binding on Covenantor, its successors and assigns, and all parties having or
acquiring any right,title or interest in the Property or any portion thereof, and their respective
successors and assigns, and shall inure to the benefit of the City and its successors and assigns
regardless of whether City has any ownership interest in the Property or any portion thereof or
any property adjacent thereto. Every limitation, easement, obligation,covenant, condition, and
restriction contained herein shall be deemed to be, and shall be construed as a covenant running
with the land, and in addition, shall be construed as an equitable servitude, enforceable by any
owner of any portion of the Property against any other owner,tenant or occupant of the Property
or any portion thereof. Subject to the provisions of Section 9 below, each reference in this
Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or
any portion thereof.
2. Responsibility for Installation, Operation and Maintenance At its sole expense,the
Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance
with: (a)the Ordinance, (b)manufacturer's recommendations where applicable, (c)the SWMP
and any amendments thereto that have been approved by the City, and(d) all other applicable
federal, state and local laws, ordinances and regulations. Covenantor,on an annual basis, shall
prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the
form attached hereto as Exhibit C or such other form as may be required by City from time to
time. The annual Maintenance Inspection Report shall identify all completed inspection and
maintenance tasks for the reporting period and shall be submitted to the City in order to verify
that inspection and maintenance of the Facilities have been conducted as required by this
Agreement. The annual report shall be submitted no later than October 15 of each year, under
penalty of perjury,to the City Public Works Director or such other member of the City staff as d
directed by the Public Works Director. Covenantor shall provide in the annual report a record of
the volume of all accumulated sediment removed as a result of the treatment measure(s).
Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy
season;this inspection shall occur between August 1st and September 30 each year. More
frequent inspections may be required to comply with the maintenance standards. The results of
—2—
e e
inspections shall be recorded on the Maintenance Inspection Report.
3. Facility Modifications. At its sole expense,the Covenantor shall make such changes or
modifications to the Facilities as the City Engineer may reasonably determine to be necessary or
desirable to ensure that the Facilities continue to operate as originally designed and approved.
Any changes or modifications to the Facilities may be made only with prior written authorization
by the City Engineer or his or her designee.
4. Grant of Easement. Covenantor hereby grants to City a nonexclusive, access and
maintenance easement("Easement")over the Facilities as depicted and described in Exhibit B
attached hereto and incorporated herein("Stormwater Facilities Area")for the purpose of
permitting the City, and its employees, agents, contractors, consultants,to inspect, monitor,
maintain, repair and replace the Facilities. Covenantor grants to the City the nonexclusive right
of ingress and egress to the Stormwater Facilities Area, from the existing streets adjoining the
Property, over the existing drives, walkways and parking areas located on the Property,for
purposes connected with any right under this Agreement or the performance of any obligations
required by this Agreement.
5. Facility Inspections by the City. At reasonable times, after not less than forty-eight(48) j
hours' prior written notice, except in the event of an immediate threat to public health and safety
in which case no prior notice shall be required, and in a reasonable manner as provided in the
Ordinance,the City, its agents, employees, contractors, and consultants shall have the right of
ingress and egress to the Stormwater Facilities Area for the purpose of inspecting the Facilities
to ensure that the Facilities are being properly maintained, are continuing to perform in an
adequate manner(as reasonably determined by the City Engineer or his or her designee), and are
in compliance with the Ordinance,the SWMP and any amendments thereto approved by the City
and all other applicable laws.
I
6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to
be erected, any building or structure of any kind within the Stormwater Facilities Area,nor shall
Covenantor fill or excavate within the Stormwater Facilities Area without City's prior written
consent which shall not be unreasonably withheld, but may be conditioned upon such
requirements as City Engineer determines are reasonably necessary or desirable to ensure proper
functioning of the Facilities.
7. Default and Remedies. If following delivery of written notice from City and the
expiration of a thirty(30) day cure period(except in the event of an immediate threat to public
health and safety in which case Covenantor shall commence and complete corrective action as
soon as possible following receipt of notice from the City), Covenantor fails to correct any defect
in the Facilities in accordance with the approved design standards,the SWMP,the Ordinance,
and all other applicable state, federal, and local laws,rules, and regulations,or Covenantor
otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and
this Agreement,the City shall have the right upon delivery of forty-eight(48)hours' prior
written notice(except in the event of an immediate threat to public health and safety in which
-3-
I
case no notice shall be required)to enter the Stormwater Facilities Area for the purposes of
maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be
obligated to reimburse City for the cost of all such work, including, without limitation,the cost
of City staff time,within thirty(30)days following City's delivery of an invoice therefor,
together with documentation of City's costs and expenses incurred in connection with the
performance of such work. If such costs are not paid within the prescribed time period,the City
may assess Covenantor the cost of the work, and said assessment shall be a lien against the
Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In
addition to the foregoing,the City may pursue any other remedies provided under law or in
equity, including without limitation,ex parte applications for temporary restraining orders,
preliminary injunctions and permanent injunctions enjoining any such violation or attempted
violation or default, an order for specific performance, civil and criminal penalties, and the
remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such
remedies shall be cumulative and not alternative.
8. Indemnity. To the fullest extent allowed by law, Covenantor shall indemnify and hold
harmless CITY, its City Council, boards and commissions, officers,officials, agents, employees,
servants, consultants and volunteers(hereinafter, "Indemnitees")from and against any liability,
loss, damage, expense, and cost(including reasonable legal fees and costs of litigation or
arbitration),resulting from injury to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
related to the ownership, operation,use of the area,maintenance,or failure to maintain, the
Facilities, or the Covenantor's performance or nonperformance of his/her duties under this
Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents,
employees,contractors, or subcontractors. Covenantor shall, at his/her own cost and expense,
defend any and all claims, actions, suits or legal proceedings that may be brought against the
City or any of the Indemnitees (with council acceptable to City) in connection with this
Agreement or arising out of Covenantor's performance or nonperformance of his/her duties and
obligations hereunder, except to the extent any of the foregoing is caused by the negligence or
willful misconduct of the CITY or the CITY'S agents, employees and independent contractors.
9. Obligations and Responsibilities of Covenantor. Initially,the Covenantor named above j
shall be solely responsible for the performance of the obligations required under this Agreement
and for the payment of any and all fees, fines, and penalties associated with such performance or
failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to
the contrary, upon the recordation of a deed or other instrument of sale,transfer or other
conveyance of fee simple title to the Property or any portion thereof(a"Transfer")to a third
party,the Covenantor shall be released of its obligations and responsibilities under this
Agreement accruing after the date of such Transfer to the extent such obligations and
responsibilities are applicable to that portion of the Property included in such Transfer.
10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the
Property or any part thereof by the Covenantor to subsequent owners and assigns.
-4-
11. Termination and Release of Agreement. In the event that the City determines, in the
exercise of its sole discretion, at any future time that the Facilities are no longer required, then it
shall so notify the Covenantor or its successors and/or assigns
promptly fy in writing, and at the
written request of the Covenantor,the City shall execute a termination and release of this
Agreement which the Covenantor shall cause to be recorded in the Official Records at
Covenantor's sole expense.
12. Miscellaneous.
i
I
12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or
approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at
their respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or
registered mail, return receipt requested, in which case notice shall be deemed delivered upon j
receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier,
with charges prepaid or charged to the sender's account, in which case notice is effective on
delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or
certified mail, in which case notice shall be deemed delivered on the second business day after the
deposit thereof with the U.S.Postal Service.
City:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: Public Works Director
With copy to:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: City Attorney
Covenantor:
I
The Roman Catholic Bishop of San Jose
1150 N 1st Street
San Jose, CA 95112
Attention: Patrick Joseph McGrath
i
12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration
against the other to interpret or enforce this Agreement, or to obtain damages for any alleged
-5-
li
li
breach hereof,the prevailing Party in such action or arbitration shall be entitled to reasonable
attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages.
12.3 Governing Law; Venue. This Agreement shall, in all respects,be governed,
construed, applied, and enforced in accordance with the laws of the State of California without
reference to its choice of laws provisions. Any dispute related to the interpretation or
enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara
County, California.
12.4 Further Assurances. City and Covenantor shall each execute,acknowledge and
deliver to the other such other documents and instruments, and take such other actions, as either
shall reasonably request as may be necessary to fully effectuate the terms and provisions of this
Agreement.
12.5 Entire Agreement. This Agreement,together with the SWW, constitutes the
entire agreement of the Parties with respect to the subject matter contained herein and supersedes
all prior written or oral agreements with respect thereto.
12.6 Severability. In the event any part or provision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of California,the
remaining portions of this Agreement that can be separated from the invalid or,unenforceable
provisions shall,nevertheless, continue in full force and effect.
12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must
be in writing. No waiver shall be implied from any delay or failure by City to take action on
any breach or default hereunder or to pursue any remedy allowed under this Agreement or
applicable law. No failure or delay by City at any time to require strict performance by
Covenantor of any provision of this Agreement or to exercise any election contained herein or
any right,power or remedy hereunder shall be construed as a waiver of any other provision or
any succeeding breach of the same or any other provision hereof or a relinquishment for the
future of such election.
12.8 Recordation;Amendments. City, at Covenantor's expense, shall cause this
Agreement to be recorded in the Official Records of Santa Clara County,California("Official
Records")promptly following execution hereof This Agreement may be amended in whole or
in part only by mutual written agreement. Any such amendment shall be recorded in the Official
Records.
12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees
or agents shall be deemed to be agents of City in connection with the performance of
Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or
shall establish the Parties as partners, co-venturers, or principal and agent with one another. City
neither undertakes nor assumes any responsibility or duty to Covenantor(except as expressly
provided in this Agreement) or to any third party with respect to the Facilities.
-6-
i
12.10 Headings; Construction; Statutory References. The headings of the sections and
paragraphs of this Agreement are for convenience only and shall not be used to interpret this
Agreement. This Agreement is the product of negotiation between the Parties. The language of
this Agreement shall be construed as a whole according to its fair meaning and not strictly for or
against any Party. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement. All references in this
Agreement to particular statutes,regulations, ordinances or resolutions of the United States,the
State of California, or the City of Cupertino shall be deemed to include the same statute,
regulation,ordinance or resolution as hereafter amended or renumbered, or if repealed,to such
other provisions as may thereafter govern the same subject. The recitals above and exhibits
attached hereto are a substantive part of this Agreement and are hereby incorporated herein.
12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall
comply with all applicable legal requirements, including all federal, state, and local laws and
regulations (including City ordinances, regulations and resolutions, and requirements of other
agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this
Agreement, and obtain and maintain all necessary permits and licenses required in order to own,
operate and maintain the Facilities.
12.12 Liens. Covenantor shall pay,when due, all persons furnishing labor or materials in
connection with any work to be performed by or on behalf of Covenantor related to the Facilities,
and shall keep City's interests in the Stormwater Facilities Area free and clear of any related
mechanics' liens.
12.13 Joint and Several Liability. If Covenantor consists of more than one person or
entity,the obligations of such persons and entities shall be joint and several.
12.14 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original,and all of which taken together shall constitute one and
the same instrument.
SIGNATURES ON FOLLOWING PAGE(S)
i
i
-7-
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first
above written.
i
COVENANTOR:
The Roman Catholic Bishop of San Jose, a California
corporation sole
By
yRe . Msgr. Francis V. Cilia
orney in Fact
Notary acknowledgment to be attached)
CITY:
CITY OF CUPERTINO, a municipal corporation
By: "
elf �-
Roger Le
Acting Public Works Director
(Notary acknowledgment to be attached)
ATTEST:
Grace Schmidt—
City Clerk
APPROVED AS TO FORM:
Heather M.Minner
Cupertino City Attorney
i
i
i
I
i
-8-
i
gill
I
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 Santa Clara )
On March 1, 2019, before me, LINDA HUESCA TULLY, Notary Public,
(insert name and title of the officer)
personally appeared --------- FRANCIS V. CILIA -------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are
subscribed to the within instrument and acknowledged to me that he/s'heithey executed the same in
his/*er/th& authorized capacity(4ees), and that by his/4,erkhe+ signature( on the instrument the
person(&), 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.
. o LINDA HUESCA TULLY
WITNESS my hand and official seal. Notary Public California
•y Santa Clara County
g Commission p 2236531
My Comm.Expires Apr 28,2022
Signature
Si � 7 � Seal
9 (Seal)
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 -S a K 4-R C/'k,-ci
On/f,---4 before me, i r7+cam Sg L`aL/I c-r'� ,Notary Public,
(Here insert name and title of the officer)
personally appeared 7 c-
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s'j is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his authorized
capacity), and that by 1,i/her/their signature.( on the instrument the person(g), or the entity upon behalf of
which the person
,W 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.
KIRSTENSQUARCIA
WITNESS my hand and official seal. a Notary Public-California
Santa Clara County
1 = Commission#2257322
�1IF00.N�" My Comm.Expires Oct 4,2022
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT 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
4 g,,—c r-1 e, -fi document is to be recorded outside of California.In such instances, any alternative
( itle or description of attached document) 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
23 o o C.- y California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) 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
Number of Pages Document Dat RG I J-19 signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • 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.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
El Individual(S) he/she/£heg—is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • 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
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLinkcont—Nationwide Notary Service
Exhibit A
PROPERTY
I
I.
ill
I
Exhibit A
PROPERTY
BEING the lands described as APN 342-5-64 after Lot Line Adjustment in the
Certificate of Compliance recorded September 2, 1997, in Book K282 at Page
1390,Instrument Number 9418721, Official Records of Santa Clara County.
I
i
i
I
I
i
i
I
s
I
I
I�„ ��� � �!;i IIII 'III I ; � � I i ! I• f I J�!;II3�, �� !�,' !���i I��lil
! � tit �i,► Up'Mi��. ilk l� ����'�i I � i� I! i N I r � I It�,, i L. .I .•,II ! �
� �I � �i�1�t�.�fil��st•�J��isiti' ,;a�lli4�# III ,� I i.� _i f• i l II !�. � �! ; ( 1.
IU1 ,r i �iRi Ic � II �
»7'tI
'IIII
I.- .4 t�. f . ... 14.i3 rf_+.�,yy_tA�VAtinT�nr•:� - �±'�- - - !�I
I I
r 10 rr-E IN ACCORTIANCIY 9418721 III!
INTERIM CITY HALM! WITH GUV G•:UC nl'" I�
.0430 S.DcAnze Blvd. V cl O r���GE •3�l/l
Cuflemno.CA 950r4 MM-MCATE or o"LSANCE K 2 O J J 0 i
LXMM C8 'IfIE F43M CATHOI.ILC DWMP i
or 8AN 105E I
in acoordbnoe with proviaicme of i119 CitY Of Cupertino Municipal ccde,
Section 18-1.1203, eu'1d the State of. California Govarrm"* Codo
(Subdivision Map Art), Section 66499.351
propet,,y subjach to this Certificata
exhibits A and B Attached Hereto
wjmr,A.5, t►w City mutineer of the City O-: Capettiaw has rwiewed the
born dariaa of property duscribod in the attaCtanents hDreto7
SdD3°A3, the City Enairwer finds no violation of tlao t4uni Aral. Cede an
the "Subaivistion Map Act" <-nlrrently existiM;
7"EVF:MM, the parcels =,ply :1ith lcx:al and Ftat- subdivision
reqular..i.ona. ' -1,n GD
x � T��I-' n• ���^n 1*dlj�
rJ l�a'n• � �f1 y
cm or aipERI Mi "^�
gviZch
Approved d9 to Form:
Ch&rlee T. Kilian
city Attornay
, itI IS TO CEHPiFY THAT THE WITHIN
IVnTRl1MEh,1 IS A TRUE AND CORRECT COPY
OF 7/4! CRI IN L l'1N FIL[ IN TIY14 ORP WIT.
ORIGINAL ATTI:mr
OITY CLEN ! T CITY OF CUPB,771NO
7Y /
MY
ITY a�GWK
Ii ..... ._ ,vA�'f M•Y%:.. ..1rw - ..-. •;Y..r _ .. �l. .._.�_.-nT..l.w�...� ,}•. .�. .. ,.. .. .. ..a
a 1:1 Ill i it IA I N
11111111I l i+1' lid
III! � ►�
I. �'u',I�i�i�9�',I ► I ) ��I ,I � ,I 11 .�� .., i � I1�
Nil
't'-' .:a-. l" .,�•. .+ � (! �
�.�.�+' t h .t",`�1�( 1� 1: s .. •/r -3 e' CND.$S`.r4,�a•7R
�• F
�8 2 t 391
1 f
+C
Ruth and Going,trio.
16958E-220
July 29, 1907j
is
DESCRIPTION OF 7-112 LANDS Or T Oi7 DS RAl1 cjmiot.Ic BISDOP OF SAW J068 - (',I
SASRT JOSSM S 88141NART UT
(ApN 63 Aftsr Lot Line Adjustmnnt) t:4
BbuLN,C .10 at a point in the Northerly line of that certain
parcel d ease rand
designated as Parcel A, conveyed °E S
to the County a by Dee
October 11., 1977 in nook D197 of urrlalal Re,o'-e", page 696, Santa Clara County
Records, anC. shown no a 127,684 acre parcel of land upon that cort.aln Re.cora Of
Survey filed October 2, 1979 in Book 450 of flops at page 41, Santa Clara County
aocorde, said po.lnt being dlstont along enid Northerly line South 81° 11' 40"
Wont 214.00 feet iron- the must Northeasterly corner of said Parcel A) thoncn from
fl, i•'
3 point of beginning, lee m '"g said Northerly line North 3a 17" West j
1392.84 feet.) thence South 560 42' 43" Went 25.00 font to pooif nt In the
ccntnrline of the paved roadway leading to Saint Joseph's Seminary) thence along
ruve
said rontorline the following courses and diet8nce81 Northwesterly along a
radial to the preceding cv
to the left, di :r .dvinq n radius of 600.00
feet,
, f,q
through a central angle of 200 26' 20", an arc length of 214.04 fnot, tangent I.A;
Yo the preceding curve North 530 43' 37" Woat 189.70 foot. North.losterly Dishy to
a tangont curve to the right having a radius or 700.00 foot, through a c"ntrel ,j
angle 17.0 45' 00", an are length of 155.17, tangent to the orocoding curve .:i
Northerl ent curve to the :Lght. '
North 40° 68' 37" MnsL 31.47 LaeY, y along a tang
having a 'adius of 400.00 fhet, through a central angle of 370 05' 43", an are
length of 264.79 foot, tanqunt to the proceding curve North Pic 02' S4'• West
6'/.84 Eaet, North 01° 16' 37'• neat 100.00 [get, N°[t)) 01° 27' 23" East 100,00 I
foot and North 050 02' 20" Bast 159.41 fret to a point In the 6outhwe9toI. a
line Of Parcel In, as said Parcel is docrined in the Final Order of Condo f-Anon
No. PU390 'tad in the Superior C°L,rt Of the state of CaiiEornIC m and (or the
County of Santa flare, Palo Alto Brooch, a copy of 1.h0 inatrum0 t for which �FP
doerse was recorded Soptombor 7, 1965 in Hook 7096 of Official Records, page 183,
Santa Clara County Records) thence "long sold Southwesterly line North 650 Sc"
34" West 41.44 foot to the general C30torly line of that certain parcel of land
described ae Parcel 2 in that certain Deed rranting said Penal 2 from the Roman
Catholic Areh))iehop of ban Francisco a (California) corporation 8010 and thn
Roman Catholic Seminary of San Francisco, a Corpn,Alton, to the Caun..y of Santa
Clara recorded January 10, 1901 in Book F85a of officlol Records, page 38, Santa
Clara County Records) thence along said Sestorly line the following eight Courses
and distanceat Se'ith 060 24' 43" Bast 60.38 feet, Sou,•h 640 13' X.- Woat y
01.78 rest, Svuth 400 19' 06" Meet 65.15 feet, 6°uth 08° 03' S1" West 75.31 A
Cost
, 6auth 080 50' pG" hoot 139.68 feet, South 040 50' 41" Wont" 36f..73 toot,
south 090 57' 29" Went 529.08 feet and South 400 06' 55" VW' 168.17 feet to
a point in the Northeasterly line Of that certain parcel of land described as
Northcaster
Parcel 1 in that. said Grant Peed to the County of Cents Clare) thence along last
enid ly line the following tan courage and dintenCeet south 35° 06'
00" gnat 95.42 feet, South 290 12' 13" Ea"t 200.57 feet, South 320 07' 16"
Best
Beet 50.43 foot. 8ou1 340 30' 11" gent 186.45 post, 6°u°th1t5G°d850'aaa4" 73.97
73.03 co-t, Gout 4:, _2' 43" Be 100 fseS, South 06
;ire>•�'' ... . ..�.».,. .. .. _ _ ... »..� . � �• - -- _�� ::�
I � � I ij� �t I I � • � it i � �jl!I 'I I
.IINi9!AI .,' r:. I�� 7.,:1. :r• .i! IILI! .,�boe �iI i
q&y �t ... r. ll ...,.n ::e+L-.?rear-•.*`Y L+.a.�.iG:.-?1Y..-;fir.�„y.w,jr,�i�U CY.
9 ic15r'X` �.�.�,+nll•'�5: �-cMM t t-.
,i 4�-i f } ,} ,ti?"y't h �'rxifWs' ',a�' ��j�apy�•.,y.��y
a�Ra.i��R .y.. Ni.. �. '5FAAiC V� �4�y.4iS-h '�.!J�`L'F'o...3:t�•t .. ..an
� .. ••nrillfPRT' hlip.Jr `�7. Z?' .T' i bia(�.t,';,r:�..-a/+"4^Ai�.�'` 6�9
9 ilGE139� � =�
R+G
nut and Going,Inc. :'•.
p 3y. 22" East 309.37 feet
Boat 128.19 feet, Scutt. 36 an angle point
foot, South 57° AS' 16'Baet 95,23 feat to the intersection with
and Routh D8° 41' 40„ p[ Chet carCsin parcel of the lands of Santa Clara
in the Northerly boundary filed October 2, 1979 in Sank
County Recorda7 ahanee along the Norther'_tX
ee dfiown upon that eorreSn Rreord of Survey parcel the follow
450 of IAape. page Ai, Seats Cla iinenu of last 'nomad p 411.
•,'
Norl.hoe,atlrly And Southea•`erly 42' 36" a 201.29 feet, tloroth 461q 21" Eaat
0 18" East 75.01 feet, North 50
.rt.hoe end diatanceat South 30°
South
38 00' feet end North 81° 11' 40" Eaat
Saet 19.65 feet, S o 03' 39" West 219.48 ,
riptiOn-
]51.]B feet. North 39
598.29 foot to the said point oL beginning aL this do- ingress, egress and r,386way
and Southxestorly ltnee of said epgomont being more
TOGETHER NLTN an easement (25.00 feet in width) for n9 p
purposes the Woeterly
particularly dosrrlbed a.+ folios: y.
said bouthwaeterly line of said parcel 1E :.,
1lEGIN2s]NG at the iteraiaabot7 mentioned Southeasterly ly rnar of Parcel 1P.i t et e '
from said pain, of beginnimi along
b'e SeminarY at the TRUE j
North 650 58' 47" West 4C.87 teat t� Sainthe )Jasep anon thereof with the •
leading t lnninq
from said true point of beg WOOL
a•nterl.lne of the paved roadwey South N. 02' 20"
POINT OF BEGINNING of t1,tM1 said doncr roa3 sly geeenctplloxst Bout" 010 i6' 37" East
along said centerline o Weet 100.00 foeouCherly along an are of a
159.41 feet, South 01° 27' 23"
1tl0.00 foot• South 030 02' S4" BOaC 87.84 06-00 foot'tongen to the preceding aurvo
tangent cur•+e tc the Sett with a radius of 40t�.00 teat, through a central Angle
of an are of a tangent
ei n. 55' 43", at- arc with
o . Sou feet-, through a central angle of 120
South 40° 5B' 37" tSaat 31.47 lost. Soufheaat•rly along
an pro dSotanae of 155.77 feat. tougent to the preceding curve South
curve to the 1•lit wltfi a rof I of 71io.00 foot. an ore of a tangent curve
45' 00 740 26'
530 43' 37" East 109.70 feet and Sauthefeet a -Ing
to the right. with a radlu6 of
800.D0 feet through a ,of tb hwoetorly .Sue '£
20", Eft a•c distance) line1 for4 tfoot is eaapmAn4i beinyn to sa df S ut h •aeanent, r.ta
Northeasterly
said parcel Is.
10520
j
i
i
-�,. -�t•--•-•fir—'-'_. ...._.._,...- .,-._..,- -------*�-^-�"''�'-•>r;�= � . -
-._-� --'`_`.��- �-_ ' _ � ___'__- . .~-- '�
.
� + , .
���� -. .,�,--- ' � . ,--°-~- ' -.- �, _~� -_ �
! / / � - @@ � / »
` �I !( •t.+ Ia _, v r.+r:. -r
'-fts"
.4t.
M.
ill
2 8 2,,:GE 13 9 4
R+G
fluyh and Going,Inc.
R6cords, said point being distant along said Northerly line South 81013' 03"
W at 214.00 feet from the most North-aaterly. corner of said Pgrc6l A, thence
thence along said Northerly line North 61, 13' 03" test 214.00 feet to a.id most
Morj:heagtarly corner of 93id Parcel At along the general Easterly 1-1VA-6 Of
II
nid Parcel X, as also on said Record of survey, the four following courses And
00 u 7 South 090 25' 07" Ea 745.71
distance South 170 55, ag" East 245.01 feet, O:t,.
South 300 131 nO" S t 146.71
North 75o 01' 33" go 241.0ldfoet and
feat
to the moat E-Iterl corner of said Parcol A) thence along the Northeasterly
prolongation of the Sou%aastorly line of said Parcel X, Tnr-w 510 01'' 05" East
477.94 fe t, more or logo, to the interaect3on thereof with the Southerly line Of
North 830 53' 21" West
said 37.92 acre P 0 thence Tong sai"! Southerly line lines of said 37.92
thence
1)
118.42 ; t the along the Southwesterly and Northwesterly
go "'. three
I stances' North 380 55' 21" West
acre parc:l, following courses and distances: 270 34' 24" East
527.73 to t North 320 33' IV' West 976.62 feet and North
407.81. 5 to tha said point of beginning Of this description and
ff)ot' more or lase,
contain ng 54.04 era of Isild. more or loss.
TOGETHER WITH an gamemellt. (25.00 feet in width) for Ingress, egross And roadway
purposon the Easterly and Northeasterly lines of said easement being more
particularly described so Collf-81 llf
BEGIIIN114G at the hareinabove mentioned SouLhoasterly corner t)f Parcel IE) thence
from said point of beginning along said SOUthwilliltisyl-F line Of sold Pk1rcol 'r
North 650 58' 47" "got 40.61 fact to the intareection thereof with the
cantarlA no of the paved s.oAdway loading to Saint JO1%0Pb,g rej...sisfy nt the TRUE
polin Op 13gr,7NUjjj(q of thin daccription) thericti from said true point of beginning
i.
follows) South 050 02' 20" West
alopig said centerline of said roadway I'd
through a central Angle
ISO 41 feet, South OjO 27' 23" Waist 1.00.00 (Got, South OIL IS, 3711 laat
0(Io 02, %4,, East 67.94 feet, Southoely Along an Arc of d
:Ok) feet, South 03
tanciant. curve to the ?get with a radius of 400.00 fooll, tto tha proCeding curve
of 370 55' 43", Un Arc distance Of 264.79 foot, tangent
South 400 Sb' 31" East 31.47 feet,
Sout)—asterly along an arc A a tangent
curve to the loft with a radius of 700,00 foot, through & CQ"tr8l angle Of 120
45' 00,,, an arc distance of 155.77 east, tangent to the peoc9dIng curve 50%ith
5 1. 43' 37" East 189.70 feet and Southeasterly along an Arc of a tangent curve
to the right with .* radius Of 600-00 feet, through A central angle Of 20" 26'
20", an arc distanCill Of 214.04 feet to the terminus Of this O&Bemant' Tile
Northeasterly terminal line for tills onsammint being raid Southwesterly line Of
said Parcel
1062D
�: i I i i�l�lal�.l.��II� I,I�! II � ��� � � I i { I � I �, I ' i� ;I. , I; �� 1 �,�i
W i-
li � I � .>��� i � ��i�l /' II Illll�I�:,���t fi� � i j
WMA,M
OF-I.r or cou S I
K 8 2-mu 13-9 5
01. 60
SOUTH 'it to,
11 AWAV614
OIL4 Ce'U11109' $EEDtTAH.'b" JUNIPERO SERRA
643
X 47.1%
62
!L4
COUNTY OF
$AN TA CLARA
63-72 A'.NET
Yb CO OF SAN7A CLARA
NOP2 7" I
COUNT, PA.v,,<
well
TA,L.'A
4E MARC""N.'
4
Af, ALFAZD E.CARLSON•4SRCLIOR
111 L
-4t
�i •� �I r �� I�I I �I li lr� j �� ' � l �) I �� (� i�I1 I
V 11
31 :� 3� i e fl�� .ti}• a '��. � �ji �� �I��i 11 � �il� L� ��� ������ ��I ���� �I`I 3� j �
_� ij '� I I I •i 3, 1 i l 111 I I I t-0����j:� � ill., f. �(� �f Ij I,I ,j,g ....4444���rl�:�•'
,31 ( llj11l. I r•� 31'+I .,Ira, �� 4e ,4�Ilijry �E7 �.I�li .3 {�aa{�TNN�T,jS,''+d � r t
1 �`)1il'r I i'w4Y4 lip.
Cs'+•ifwj �`�,��5p}p1 y till
i��! �11 II �I, i 1f" � •,�`�i�t(•7}�1 wr. " �,a�s'i1BEl� �FY YI �I
I 1 i yQ
�i�� I�.1.�� '`r ''ter , '7 ' Y 1.Y.. _....��w• 6`.r.�-.. .�~ r`r.:. 1 {�{'� •ie.,
r.
'Y 4!t1:1.60p - CAWT• CLAR4 CIN)WIV�C40f4~A
K $2PAGE13:9610,
�• ' 1y' FOCTHIL4 Jar/R Y+ALY 'T.CN I
1 IM �NIIQ SYEVENS R
)u NF 6 Nitl M
FREEWAY n•...+�.o.y-a':, .. „y /
•�r` Ali i ]ee 77 ..ees n ) /n�/ +•'..•4
Y �•:` pI�IW s Ii
F t
I
13 k!grc ..1 N 14
`\ 29.224 AC NET �k r�, 2 2-20 AC.
\ to,-
\
GA
�� / • 14-07 AC NET.
�'Ysej v �L 3o'RJt �•++ t^ 136.53 AC VET.
Ls
PI FIL GAS ; ELECTRIC CO
i
:Pa t
l to.r�nr/ar
42.t;1 AG,
.59
F, 0 a
o
° 04 /
\•` 59.20AG.t.ET.
v
��'e � e�,y��4®•Lei'• ��
.1>1,
/e '6
I�^-'-•�..."_sue-ra " w r y u'3 y y s \,�/
11A 1441 101 CODE
"•W�CH I,1097 �
1
g
K 4"
' •� � '!ti'.19'1�:,.,i "�i1�MyI+,.�+er'•r•f•1-�rrx+Fejy�'4 �t `•,. :,
� �� +1'Rl,M'J1'A.IF"n.•, v v_.v. � ��. .:.=:""`Iql: �:'
jp 9 i ■r� I1 i b
Exhibit B
STORMWATER FACILITIES AREA
i
i
i
O
BMP / \
f \ MP #8 \\
I q 11 � o
0 0 \
y 41
EXHIBIT B
2019-02-07 B K F !00+
ENGINEERS.SURVEYORS.PLANNERS
p
MP#4
MP #1
Wxy
3 I O
u CPSILLN
. a
� I �
w
® BMP #
� � 3
a
I �
1 �
I /
G�I �qIlk'
EXHIBIT B
2019-02-07 B k F !oo+
ENGINEERS.SURVEYORS.PLANNERS
Exhibit C
FORM OF MAINTENANCE INSPECTION REPORT
i
I
i
II
c u
�a Y V
U! u O
F � u u
C v p
£ C
0 0o ro
a4 o
0
U
d N Q, a C
M o
Z
y C d u
c 75
o 0p
ri
CL '-8
v
K N b C
C
C w �qqq �
G 0 w
Q v C C), w
'b C O b!J cCa C OC U 'd
W v = P. o u
u
y cVC. O
Q (u Q" v wIt o
O C
0) u 04 CuC
= Q U O d
(Q
_ i w
(� C N C
ol
C C Ov
�{Q cd m
0 q
_ q
= O U Q. C C C C C a� q C1+ 0
O O O O O n m u
m LL (u
L ++ ++
u �
p C 0 0! a) u
L N C u u u
v O 0. 0 O _O _O O_ O
IL O m m m m m m Z -u -44
H + O py v O u
= O O O u I Z C
O UO C B Z
_ O o (U °'
m m u xj I C cCa
d N g co CO 00 w' o
b
m
3 CO3 � (U
N mu
E Z N (Ue 0
L �' ° Q � p � UWU
= uo
t
O N
L.L
c�-OO U
m cn
O oa �m E a)2> QC O 0 O a2
COO m @00
O
En O pL�pNo60 -p - Co
E a) .� >,L md as > — @ ascr aD co w
p ° Om a w�oo o E ma) E
N� Nwa) -ca),> 0 >
C a) O aU7 W � Oc_° OOa) U � 000 � 00� 0 0 N' mc6 m
� w a0 a�¢ cna) ui Oar ESQ �� > U@i °• no L- a) a1)) aa))
W o 3 aa)i > O E,O.0 -O.o O O O N O O O C@ N a) N Q Vi
c 7 r 2-O U Y a)�� L 2 N OHO O N ` O O' fOL �•� C w
C R L a) O O N O"C (0 O 00 O O U) L p U)Q U) N 7 j a)CO a)
L 1- u,L E9 rna c Hz o 5� 0 �a0=o >.E Q E, ai
O
LL >,
O m
c a) 3 m
L
� aL.+ C N a)
c OQO
r+ 0 c m
U) >, c E .o aci
o
Y a v a�3 Cl)
U a) N a)
d n �'_c o M
Vd U)
lC
0 r c .o L)
c
LC� d � '
C a E a) � co
Q = o o m
O 4) U o ` c
F+ C c
F+ r d Z c
O cB
LO
O_ c O aci n ca
m M Q
e U
O c
O 0 Z o
c —
M CL
a
N Q 04
= m a O U mC �,C
v 4
mOV O � a)g �a
m U) o m
>_ c cam— � o a)
�� (1) E ° a) mac
4; � wm c o'- rn > o
L = N O c O `p O O C N L f6•T 0
L
CU
L LC y Ua) p>-O—,(2 OO O
D � OO
N a3 a)
M OO
>, D
.D a) a) U) m 'o Q O L C CO N
(n U) -O O O a c �.- c m C: .N U) Q C.— a)
i C cu Cl) '0.� ° O L a)-00 C C E V °'O O a) O
a)Y O c70
w+ 4) U) m N m C U C a) > .U) m•o.0 m C
O C p � a) c L� a) c ns a) i6 � L � � U 0 a) C
0 w rnN -° � a7 � N Ua) Oa) -02LM
LO Z U Z M O'— m O >.O L )= a�i > � Q0-� �aa)).0 cn
CO �-0 3 H� u.l TD C) o > o a) °.E Q C.o-°
N
N U
U) U)
a) C
a)m is °
a O 0.0 O
-°6 c a)
o) C— C O C
Q c ` c m O a) C •� a3
> 0 p L I o L a)
a) E U v a) N 0 N o 3 cn
Q (0 Q U H Q U) W >
OL N cM V L6
D- c
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
23500 Cristo Rey Drive,Cupertino, CA 95014
The Roman Catholic Bishop of San Jose a California cor oration sole, hereinafter
referred to as the "GRANTOR", this S day of144�4 , 2019, hereby
grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY
OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, claims and demands, both at
law and in equity, and as well in possession as in expectancy of the GRANTOR as owner
of that certain real property situate in the County of Santa Clara, State of California, and
specifically described as follows:
I
SEE ATTACHED EXHIBIT"A"
The right to pump, take or otherwise extract water from the underground basin or any
i
underground strata in the Santa Clara Valley for beneficial use upon the lands overlying
said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership of
overlying lands in the lot to take from the underground basin within the lot any and all
water which the owner or owners of said overlying lands may be entitled to take for
beneficial use on said lands and to supply such water to such owner or owners or others as
a public utility; provided, however, that nothing contained in this instrument shall be
deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above
described legal description or to authorize GRANTEE to make any withdrawal of water
which will result in damage to any building or structure erected upon the lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of the lot(s) within the legal
description. 1
I
i
I
i
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
The Roman Catholic Bishop of San Jose, a
California corporation sole:
V
R . Msgr. Francis V. Cilia
o:sy in Fact
CITY OF CUPERTINO:
Roger Le
Acting Director of Public Works
I
(Acknowledgment and Notarial Seal Attached)
i
i
I
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 Santa Clara )
On March 1, 2019 before me, LINDA HUESCA TULLY, Notary Public,
(insert name and title of the officer)
personally appeared ---------- FRANCIS V. CILIA -----------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(t) whose name(e) is/ere
subscribed to the within instrument and acknowledged to me that he/shreit'ie executed the same in
his/14er4themF authorized capacity(ies), and that by his/-Iperfth signature(* on the instrument the
person(e�, 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.
WITNESS my hand and official seal. *My
TULLY
Ntary LINDAHUESCA forniaSanta Clara County
Commission#2236531
Comm.Expires Apr 28,1 2
Signature ��l (Seal)
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
On before me, !�1� I M —k ['Lv L,- C r a Notary Public,
(Here insert name and title of the officer)
personally appeared o c,!7 e < <—c f
who proved to me on the basis of satisfactory evidence to be the person(A)whose name(g) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacitySj. ' and that by his/her/their signature) on the instrument the perso*), or the entity upon behalf of
which the person( acted, executed the instrument.
i
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
I,
1
i
KIRSTEN SQUARCIA
WITNESS my hand and official seal. W Notary Public-California
- Santa Clara County >
` Commission M 2257322
�l1rORN� My Comm.Expires Oct 4,2022 `
Signature of Notary Public (Notary Seal) gw�w•ww
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT 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 j
(Title or description of attached document) 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
(Title or description of attached document continued) 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
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • 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.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑
he/she/they,-is/are)or circling the correct forms.Failure to correctly indicate this Individual(s) information may lead to rejection of document recording.
❑ Corporate Officer • 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
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attomey-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service
Exhibit A
PROPERTY
BEING the lands described as APN 342-5-64 after Lot Line Adjustment in the
Certificate of Compliance recorded September 2, 1997, in Book K282 at Page
1390,Instrument Number 9418721,Official Records of Santa Clara County.
I
I
I
I
i
i
i
I
III
III
i
I
I
I.
I
i
lit
�I ►.' � I ! I� I�Ii I I!li I��� , ��I �i � ii �' ! i �� I � � � '�I�; I + ����;II� �il ''
1� 1.1 40i
�(i1
4. I -iiil j R �9� !' il6lPal�diI ,_ I � .a, Icil�! II III
l � I `7'� V. Y` '�•yvNGP,h�I I rM+ �7tFi ilEJt�t t r
NYI�y� f� li 0.i' 2hlV� �•y�.�^ � `lN�'Nn4�IN11�Fr~ A.dh%{j.,• � ► ��'fy�l ll�i
: ice
i �. c;��ti � r -+���.�."+"`` ,� :+p.'�''"..,C:. `' 1�tGla .tilx. ��F� � ►II�
'Np F5E IN AGGORpANCIC
INTERIM CITY HAW! l'�I
Y i0430S.0eAnroBlvd, WITH allV C.-:L1C n1"a III
Cuoemno.CA 950L4 C-FZrr ncATE OFOWFUMICE K 28 2?46E 1390
TAmm Cir THE 3mN1i1i4 CAIMIILC DIMP i
OF MAN JOSE 1
.in a}cco:rtu nae with provi®ions of the City of cupertim Municipal Cole,
1
Seetiop 18-1.12031, and the State of Califarnin GOVeilmlkt Code
(Subdivision Map Act), Section 66499.351
propeaty Subjoot to this Cert:ifleate
rmhibits A and S Attached H—to
tQE1CPFAS, the City MW naer of the City o,. Capertiaw has rRvieu7ed the
bourdaries of prgArty dewxibod in the atte^..tmtwT La hereto,
,a03:AS, the City 'YK?i opor finds no violation of the Municipal Code an
t11e "Subdivision Map ACt° mirrently existing;
THE ;[)M, tro, parcels Oarply with 1r'+'+.l and EtatP subdivision
1:2g1.110Ci.O113. b c a r
Y-•n JIrn
rn-r � I-.1 ri :ate
'"ice•', �
c>Tx or Cuzco 31
C?
Approved as to Form:
J. d iah
C /
4"Charles T. 3Cilizm
City Attorney
fljt}lu TO OEari FY TI•IAr THC WITHIN
Iv9TITUMlr.N1 IG ATPUe:A1. CORRECT COPY
OF I IAC C.P IOIN 4()N FIIC IN TH18 OFP�ICK..
0 RIGiN�L ATTI:M ly`
DITY CL.EI! T MTV OF CURE,271NO
my ,^yam ITY AKP"
IA
1h a i
,. ;�t�1�.; � !!r � II�I��I Ill t� l tth,�,..t�i � � e�. !�! � �� � i 4I ,�,. .I��•
(� r;�7-.t=.� ;•aty,r::� ..i.< ram. ! �, _ -.'.$+I•:'�'r,+_'" i"
4 4 i ! �� � Lray�.,w. c..ua).,c�r• r ''.� a �' - _ t'°':r J+6h 1 :.^•3
'i �_,•.
i� ���..'`'yam 1'1 v 1LI.Or _ ~ •>„ '•.- ,� ,
Z. f�`�S'�-r .. _... . ..y -_ -_r_. .._..�_ .__...._ .`_wit, '_ i±..`•i
t
Ruth and Golno,ins. �.
16)58B-228
July 29, 1987 �i
UNSCRIPttON Or 7.'M LARDS OF T11B RO/EAD CNT1IOLIC a1SDOP OF SAN JOSH - T
SAINT Josaps's SBHI-
(APN 3.2-- 63 A£tsr Lot Line W05tm,+nt)
BtGtlr: .1G at a point in the Northerly line of that: certain Parcel of land J
designated as Parcel A, convoyed to the County 0f Santo Clara by Deed recorded
October 11., 1977 in Book D1d7 of i,CClclal Beco^Aa, page 696, Santa Clara County
Records, anC. shown as a 127,084 acre parcel of land upon that certain Record aE
Survey filed October 2, 1979 in Book 450 of Maps at page 41, sAzta Clara County
::ocorda, anid Northerly lino South Ole 11• 40"
Went 214,00 toot from the must Northeasterly corner of said Parcel Al t
said point being distant &long F.oncn Crom
s.'d point of beginning, lea,^+++g acid Northerly lies North 330 17' 17" West
1392.84 feet; thence South 560 42' 43" West 25.00 fast to n point In the
contnrline c,f the paved roadway leading to Saint Joseph's SmminoryJ thence along
said centerline the fo]lowing r_oureea and distance. Northwesterly along a reeet,
to the left, radial to the preceding c,...:ri, '•aving & radius er bo0.00 Y,q
through a central angle of 200 2G' 2D", an arc lengt1+ of 214.04 foot, tangent
to the preceding curve North 530 43' 37" WsaY, 189.70 feet, Nort:h.teste[ly alouy 1
a tangent curve to the right Y.aving a radius of 700.00 foot, through & central
angle 120 45' 00", an arc length of 155.77, tangent to the orocudiag curve .f5;:�{
North 400 58' 37" West 31.47 foot, Northerly along a tangent ncr'o t�3lhe an Seas Aa
ha+.•.ing a 'adius of 400.00 feet, through a central aug]e of 37 55' k�
st
length of 264.79 foot tanyunt to t}te preceding curve North 03` 021net4 100QQ0
67.84 feet, North 010 16' 37" "sat 100.00 feet, Nacttt O1. 27' 23" ,
foot and North 050 02' 20" East' 159.41 toot to a point in the 6enthwestor:y
line of Parcel Is, as said Parcel in Gecrfued in fire Final order of Condemnation
No, P8390 ltnd in the Superior COLYt Of the State of Ca:ifornle in and (or the
County of Santa �larn, Palo Alto Branch, a copy of the inatrumont for which
doe rho was recorded Soptembor 7, ca In Hook d S of Official RinerNorth Page
65o18.t1,
Sa.,a Clarn County Recordal titan along said Southwesterly
34•• Want 41.44 feet to the gonoral E•�atorly lies of that percale parcel of land
done Ibed an Parcel 2 in that certain Daod grunting said parcel 2 lama t•ha Roman
CaLh0lic Archbishop of pan Francisco a (California) corpor&flea ante and the
Roman Catholic Sominery of San PrauCiscn, a corpotat.ion, to the COun..y of Santa
Clara recorded January 10, 1901 in Book F85A of O£flclai Records, page 38, Santa
Clore County Records) thence along amid P.astorly line the following eight courses
end dietancest 6c•ith 060 84' 43" Seat 60,38 feet, Sou.•h Goo 13' 3':" West y
01.70 feet, S..ttth 400 In' 06" Nest 65.15 foot, South 080 03' S1" West 'J5.31 ,A
Eoat, South OA0 50' O6" tsnot 139.68 feet, Routh 040 50' 43" Want- 366.93 teat,
South South
57' 29" West 529.00 toot and south 4BO 06' 55" Sara 160.17 fooL to
a point in the Northeasterly line of that certain parcel of land described as
Parcel 1 in that. said Grant Deed to the County of Cants C1&r&J thonco along last
eeid Northcasterly line the following ton courses and dlatanceat South 350 06'
00" East 95.42 East. South 290 12' 13" East r200,57 South ouch560 320507 S16"
9ast 50.43 foot, Rout 340 30' east fs a Peet,e`., south 06 o 16, 20•' San 73.97
73.03 to-L, Rout 41- .2' 43" go s 1C0 1, fo
j �I � I ii ! '4 it � • � � � � �' � � I� �����9 ! I I
� � ��.I, l � � I I ! � III �� � ,�I� I�
4
109i
It"M
m
—MON-1�4,
392
R+G J.,
Ruth one;acing,Inc.
,net. 309.37 that
Soutl-. 360 35' an angle point
16-- Bast 128-19 foot' intersection I h
test, South S."', 4, t 95.23 feet to the W as of S.,�Othi Clara
gouth 06 4 1. C)" C- parcel Of the October
2' "1 a Book
l - clortain ctobot
and the' file
in the b:114SIrys Of it f .1
Horthh;nYupon 6cord o Survey he Northerly,
shown
he that certain p9c.rds) than" along lix
County As I the followl
450
Clar County
areal
Page 41- Sftn�* linen last pa tNatthonstlrly on .2,) foot, Port 51
of Map. d r,.uthoS I Sect 20 North 21'. Sant
th 30. 42- 36 500 46'
course
and ou '75-01 fast' 40" 91's t
14.65 f 61-t7oBosulth 636" 10. 1B.' Z*ot fast and North
set 219.46
ast North 39a 03' 39" West th3s description,
111.18 feet of beg I nning of
608.29 Coot Co the b!a point width) for lngr ohs, egress and "adway
t (25 00 feet in toes of said
.......t. being more
TOGETHER WITH an I'ssomen ,,thwe3t8-lY
purposes w.stlhrly and E
scribed 8,, followat
then,
particularly hocatarly uorno .,col
her.leabol') m6ntlonea Sout . f said parcel
to,estarly 'I" of
with the
139GIllIlIlIG at the f beginning 6lonq 815'-oL So"th'a Intersection the TRUE
from GAid Pc'u' 107" West 4e.87 Lost to L ,b-g SomLnNry at
North 65o so' p,voa roadway loading to Saint Jos , 1,cint of beginning
...terline cc the , or , aescriptioni thence from gaid true 050 02, 20" West
POINT 0, DICGINNING away *11 tollawal South lo 36. 31" East
cgntarline a f sold Lee., Soutl, 0
'long old 23 71 West 100-00 along an are a
'59.43, feet South 01_0 27 4" Beat 67.84 i9gtl SouthelrtlY,,,,h 1. 'Int"I An(j
1,J0,00 feet, South 03o 02 radius of 400-00 to the Preceding curve
lo
to"WIt CUT.Ig #-a the loft of 264.79 fast., tangent . re of - tangent
of 37o 5S, 113,,1 of. arc distanco Ifheastarly -long so a angle of 120
8. 3,,. gagi, 31.47 [Got S',)u.' through 0 central a"'curve South
Sou-�b 40o S wluo of ;U0. t.'uq..t to the proo4allIq
n too;;, curve
curve to the l"t wlt-h a rof 155-77 ant
oxnAg on are of a tang
45- 00", "' nrc distance l j. 7(10 26'
cc-igh a central "'J" 0 TAQ
530 all 37-1 Bast 100-70 'got "4.00.00 gget, thi "00 L.
of 4 rm h`
the righ. with a radius to tnuft of thin 0116, It"O
to 2 4.04 ['It to the South..aterly
20.., all art distance otWe for .8s.mgnt boioc, amid
Northeasterlyterminal 11
,aid pmrcol It,
10520
311.4
V;
K 28 2m6c 1.393
Ruth and Going,Inc.
July 29, 1997 1695OU-228
DuscaxpTro)i or Tno iAkDO OR VHK IRON" CA-MOLIC BISHOP OF SAN JOSH
(APN 342-5-64 After Lot Line Xdjustmant)
A portion of that certain 473 acre tract Of 'land conveyed to the Roinan Catholic
Archbishop of San Francisco by Dead rscordcd May 11, 1920 in Book 517 of Deeds at i.
page 40, Santa Clare County Records, and being more particularly described as
follows:
BEGINNING at the Southeasterly earner of Parcel 1D as said parcel in described ir.
the Final Order of C ndamnatlon No. P8390 had in the Snpnrlor Court of the State
04 California in and for thiv County OC Santa Clarh, Palo Alto Branch, a copy of
the instrument for which C.1croa woo recorded September 7, 1965, in Sook 7096 of
Official Records page 103, Santa Clara County Records, said corner being in the
Northwesterly line of that certain 37.92 acre parcel of land conveyed to Catholic
Foreign 141sojon Society of America by need recorded July 29, 1929, in Book 478 of
Official Records, page 11, Santa C'.sra County Recordsi thence from said point at
beginning along the gurioral Southwooterly lines of said Parcel ID, the too
followiug courses and AistancAsi North 460 47' 48" West 37.36 f North
ea
770 33:' Q10' West 181.89 feet, NorLh 560 49' 44" West 166.03 feet, North 500
07' 46 Weat 169.07 feet. North 470 45' 48" West 493.95 feet, North 500 48
38•
. West 200.7.6 Vat, North 460 49' 4911 West 302,17 feet. North 610 34' 48
W at 100.85 feet, North 53D 33' 66" West 492.46 fact. and Nor0i S8Q 04' 0?"
W:sL 151.ss feet to the Northeasterly oornor Of Parcel 18, as said last named
Parcel was
described LA said Final order of Condesinati.ni thence along the
Southeasterly
line of said Parcel In 8m.Lh 221; 35 34" WoaL 3.95.09 foot to the
most Southerly corner of said Parcel 161 thence along the Southwesterly line of
said Par
01 19 North 6bC' 58' 47" West 40.87 foot, more or less, to the
intersection thereof wit.11 the rantaflins of the paved roadway landliq to Saint
Joseph's Sami4try; t jgonea along said contgrijua an jollow.-ij South 05e 02' 20"
WasC 159.41 feet, Routh nlO 37' 23" Wadi. 100.OU f09L, South 02" lb' 37" East
1,00.00 feet, South 03" 010 fi, Rost 67.84 test, Southerly Along au arc of A
tanyozlL curve to the left with & radius of
f 400.00 font, through a central angle
of 370 561 4.3 , an arc
c distance
tance of
f 264.79 foot: Laugont to the preceding curve
So-Ali 400 68' 3711 gust 31.47 foot, Southeasterly along an arc of a tangonL
curve to the le.t With & radius Of 700-00 feet, through a central angle of 120
45. 0 art, distance of 265.77 feet. tr.ngot to the preceding -urve South
a 0:"34n Bast 189.70 is nj So thoantorly along an arc. of a tangent curve
1 1 43 u
radius
,a
to the right with• a 1 600.00 fast, through a central angle of 200 26'
2 0.1, distance of 214.04 footj thence leaving said eantorlino North 56"
a 5 0 f.
4 2. 43� Prent 2 , 0 at thence at right anglas South 330 17* 1711 Bast 1392.84
0 or a to - of land
feet, more lens, a point in a Northerly line of that certain Parcel
6asignated as Parcel A, conveyed to County of Santa Clar, by Deed ronordGA
October 11, 1977 in Book D197 Official Racorda, page 596, Santa Clara County
of
Records
is and shown as 227.804 acre parcel of land upon that certain Record of
y flied lied October 2, 1979 in Book 460 of Maps at Izgp 43, Santa Claris County
1052D
• � II �Ip41ll��l�la �1i+1��4!�I� Illi��l���,�5`t�',T.1 �I -� �$ _r �� II t I ,,'� � �)�.����7 I I
! y' � I ��3I a�Ry, .y'..p�., r?�� 3 .,�Cj,�.•��A I � t<•�-D Cs a M:.t I ..E� ii I
si° 'ti-#�n.;•yyktim.ti !• s,u= n 1., ...� - r ti�.� II+;.
ar
!C_'��v;. ��•Y&�.ew..,Ma,+'r-w•Ji,e...+.wuu:u:::..+sw =3"•: •••••t.•� '!�J
K 282,r:GE1394
Huth and Going,inc. �'•!I
It6cords, sold point being distant along said Northerly line South 810 13' 03"
Was
214.00 Lest from the most North—anterly. cornar of Said Parcel Af therco r
.long said Northerly live North 81' 13' 03" East 21d.00 foot to no-.ad most
Northeasterly corner of said Parcel AJ thence dlong the general Easterly l.i+;es of �
snid Pare A, as shown on said Record of burvey, the four following cournos and i
distances: South 120 55' 09" Last 245.01 feet, South 090 25' 01" Eaer. 745.77
LeaY., North 7So of 33" Eeet 241,01 feet and South 300 13' 29" East 146.71 +
fast to the most B-•terly cornar of said Parcel A; thence along the Northeasterly
prolongal'lon of the Southeasterly line of amid Parcel. A, "os'�h 51.° 02' OS" Baer:
477.94 lrAt, more or leas, to the interoaction thereof with the Southerly line of i
amid 37.92 acre parcel; thonce Tong sal! Southerly line North B30 53' 21" West
118.42 EeotJ thence along the tiouthveaterl.y and Northwesterly lines of said 37.92
acre Parcel the three following c°urnae and distances: North 390 55' 21'• West
527.73 feet, north 120 33' 13" Went 976.62 feet and North 270 34' 24" East
407.81. test, more or leas, to the said point of beginning of this dascription and ,I
containing 54.04 acres of land, more or loss. t
TOGETHER WITH an eaeGmeut (25.00 foot in width) for ingress, egress and roadway b
purposes the Easterly and Northeastorly lines of said nasomant being morn
particularly described ao follows$
1
hEGItINTNG at the heruioabova mentioned Bouthaavterly cannon oL Parcel ZS; thence
from said point of boginning along Said Southwastorl•+ Tina of said Parcel 1E
North 650 SB' 47" Weat M10.87 feat to the intarsection thereof with this !
cnotorline of the paved .osdway leading to GainL' doeoph'a Ss..,ivary at the TAUR
PCINT 02 SEGINNIIIC, of thin dancription; thence from said true paint of beginning
along said cenl:e.lin, of said roadway ea follows$ South 050 02' 20" West
I59.41 feet, South Din 21' 23" Hest 100.00 foot, BOuth 01c 16' 37'• Eeat
100.00 feet, South 030 02, 94" East 67.94 feet, Southerly along an arc of d
tangent curve to the 'eft with a rediue of 400.00 fee1:, through a central angle
of 37o 55' 43", un arc distance of 204.79 feet, tangent to the preceding curve
South 400 Si- 37" East 31.47 feet, Scut)—asterly along an arc. ..f a tangent
curve to the left with a radius of 700.00 Loot, through a control angle of 12°
45' 00", an arc distance of 165.77 feet, tangent to tile prscodiug curve South
53° 43' 37" East 150.711 lest and Southeasterly along an are of a tangent curve
to the right with ,a radius of 600.00 feet, through a central angle of 20° 26'
20", an arc distance of 214.04 feet to the terminus of this easement. This
Northeasterly terminal line for t)$is easement being maid Southwesterly line of
said Parcel 1E.
1062D
i� ,i � jh�l.�.lal;� I �,�� II, i :�I � i I � �`� � ` i ��II f �, li i�l ; '�! �i �
'� � ! � �' ' `I I.� ! I { i '�;I ! I '��I � I�' i i!I I ;� I � j ij j,I1 !
i ll JL
z=z
OF do V
u"
t.,o mV619
F-1 I
..... .A sr.,DETAIL'b" JUNIPER', S-RRA
K3.3&
47.2%
clas
is V1
B4
f
63
COUNTY OF —
SANTA CLARA
3 72 AC NET
29.09 , k"
t AC.NET
,nii— 1 4
ozr.,L-a-
Co OF SANTA CLArA
NOR I II PA.v,,<
COUNT-4
4
40
Stye?419",
S. 450141
4
0 TAIL.A-
-.I'. Tfd sr_v"Ay AV eAMA'i
N. AMAVE a FAc 32F.O.
YAtgt CODE
of
ALFRED E.CARLSON•ASSESSOR
S-Al I If
Air*
r 1
I � I I I
�:1 i� �� �� , �� I I �I� 1 .�Iil.•I?a, I,,.I ,� L� J�Gii�l.,,c l�:
;I;�I I I�II� �� II .tiil l�l ��t: 1� �a �y�'Flllil l�,� � {• II Yd,il ��� ��j, A�� ���
fi�""',s�l�ia I {k:L`ti= .v•ri !I(1�1���' [,. 1 1. [S{i �i 'L`�.I��; I'�
lilt
l 'Y :YS''lowK — Sf MTA GL ARA G71,HlY�"• n•,. �..-••••• _• ••_• .• CAllf-0IIM,A �•�
P4LE13.95 K 82PAGE1396
a]:AG
• �Q N FOCTHiI,� JIVR SYEveNs MCKv o
E4.17
t,14
FREEWAY of y.e♦r.a.ti_x
pJY �� i�i ,,4se � .�•bb \ I
AI$ �ctn
`NU4 l
92
29.224 AC NET 5G+ N I, / Z 2.20 RC.
14.07 AC NET. 14 11•'g �`,..,��cs k G�9
N
It 30'R/% !rs 136.53 AC NET.
PI AL GAS ; ELF.C741C CO
SRA U�•.] (Oli'30G PLL
:a C
w
.£O S T76/67
J 9
az.r�l nc.
59
d
a
S ad
58.20AC.f,ET.
-tL
E
yj r �yyrr��41�t b
12l��''•ram l � iW9 e ,
WHL!,Y.ryl lP.G ]QY•L �1 �• N
TA kAY,01 COD! ~1� `
•4ArG,1 I,/Otl 7
PEON-ASSCSSOR 3S1 � p 13
.7
18 -
I ' ,�13 -�;�,v.7f�°.ifl�t�.�a - ..'a!: 111 ,;y - :.••:' - �
will
. li.ve i t ,�tt,�y�'St. ..,� ��•Rr.�f'}•1 tl'ra+*+�`� �2 '.y �...•:N
� ,1`M'1� 'ar'Fd1la>wfl�'•' +��s�a9 .,_a':n�'��' ;4•s_. .w.=:•�.'•m J,• :r•��