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20-088 County of Santa Clara, Purchase and Sale Agreement, Lawrence Expressway at Mitty Ave, San Jose, APNs 375-21-001 & 375-22-001 - Supplemental Signatures **This document was electronically submitted to Santa Clara County for recording** 24628803 Regina Alcomendras Santa Clara County-Clerk-Recorder RECORDING REQUESTED BY 09/24/2020 12:22 PM OLD REPUBLIC TPITLE COMPANY Titles: 1 Pages: 14 Escrow No.: 0616017603 Fees: $0.00 Tax: $0 Total: $0.00 WHEN RECORDED MAIL TO City of Cupertino City Hall Attn: City Clerk 10300 Torre Avenue Cupertino, CA 95014-3202 SPACEABOVE THIS LINE FOR RECORDERS USE Agreement Regarding Access 1 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer subject to the imposition of documentary transfer tax 2 ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner-occupier 3 ❑ Exempt from fee per GC27388.1; document recorded In connection with a concurrent transfer that is a residential dwelling to an owner-occupier 4 ❑ Exempt from fee per GC 27388.1; fee cap of$225 reached ------------------------------------------------- For Use In Select Counties ------------------------------------------- 5 ❑ Exempt from fee per GC27388.1; document is subject to the imposition of documentary transfer tax 6 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number 7 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on (date) as document number(s) 8 ❑ Exempt from fee per GC27388.1; maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) 9 ❑ Exempt from fee under GC27388.1 for the following reasons: 10 ❑ Exempt from fee per GC 27388.1; not related to real property RECORDING REQUESTED BY OLD REPUBLIC TTITLE COMPANY Escrow No.: 0616017603 WHEN RECORDED MAIL TO City of Cupertino City Hall Attn: City Clerk 10300 Torre Avenue Cupertino, CA 95014-3202 SPACEABOVE THIS LINE FOR RECORDERS USE Agreement Regarding Access 1 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer subject to the imposition of documentary transfer tax 2 ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner-occupier 3 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer that is a residential dwelling to an owner-occupier 4 ❑ Exempt from fee per GC 27388.1; fee cap of$225 reached ------------------------------------------------- For Use in Select Counties ------------------------------------------- 5 ❑ Exempt from fee per GC27388.1; document is subject to the imposition of documentary transfer tax 6 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number 7 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on (date) as document number(s) 8 ❑ Exempt from fee per GC27388.1; maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) 9 ❑ Exempt from fee under GC27388.1 for the following reasons: 10 ❑ Exempt from fee per GC 27388.1; not related to real property RECORDED AT THE REQUEST OF OLD REWUSUG TITLE COMPANY RECORD WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE SECTIONS 27383 AND 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Attn: City Clerk MAIL TAX STATEMENTS TO: Same as above Space above this Line for Recorder's Use A.P.N. 375-21-001 and 375-22-001 [Transfer is exempt from documentary transfer tax pursuant to R&T Code Section 11922] AGREEMENT REGARDING ACCESS A. City of Cupertino, a California municipal corporation("Grantee"), is the sole legal owner of a fee interest in that certain real property in the City of San Jose, County of Santa Clara, State of California referred to as APN 375-21-001 and 375-22-001, consisting of approximately 7.83 acres of land(the"Lawrence-Mitty Property"). B. County of Santa Clara,a political subdivision of the State of California("Grantor"), is the sole legal owner of a fee interest in real property in the City of San Jose, County of Santa Clara, State of California commonly referred to as the Lawrence Expressway, a portion of which abuts the Lawrence-Mitty Property(the"Lawrence Expressway Segment"), as depicted in Exhibit A attached hereto. C. Pursuant to that certain Final Order of Condemnation, dated January 30, 1963 and recorded in the Official Records of the County of Santa Clara as document number 2338389, the Lawrence-Mitty Property has no right or easement of access from the Lawrence-Mitty Property to Lawrence Expressway. i D. Grantor desires to provide and Grantee desires to accept a limited right of access from the Lawrence-Mitty Property to the Lawrence Expressway Segment pursuant to the terms and conditions of this agreement. Agreement re Access - 1 COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grantor hereby grants to Grantee a perpetual right to access the Lawrence-Mitty Property from the Lawrence Expressway Segment at a single location(the "Access Area"), solely for vehicular ingress and egress by public agency employees, agents, contractors and consultants for the maintenance, operation, alteration, repair, replacement, reconstruction, and inspection of the Lawrence-Mitty Property and the installation, construction, or addition of any public improvements on the Lawrence-Mitty Property. Access to the Lawrence-Mitty Property from Lawrence Expressway by the public or any other party not in accordance with the previous sentence is prohibited. I 2. The location of the Access Area shall be the area shown on Exhibit B attached hereto. Grantee may relocate the Access Area within the Lawrence Expressway Segment from time to time provided Grantee obtains the prior written approval of the Director of the County of Santa Clara Roads and Airports Department (or their successor) with respect to the location, dimensions and other specifications of the revised Access Area. 3. Grantor reserves the right to use the Access Area for purposes that will not interfere with Grantee's use of the Access Area. 4. Grantee, at no expense to Grantor, shall obtain from all agencies and authorities with jurisdiction any and all required approvals, permits, inspections, or similar items which may be required, and shall conform to all pertinent laws,ordinances,rules, and regulations,for any and all activities Grantee, and its employees, agents, and contractors, conduct pursuant to the rights granted herein. 5. Grantee shall maintain the Access Area in a safe and clean condition. Grantee shall maintain and repair a locked gate from the Access Area into the Lawrence-Mitty Property. Such gate shall be closed and locked at all times except for the limited the time that vehicles that are permitted access pursuant to this agreement are driving through the gate. 6. Grantee shall be liable for any damages caused by Grantee, and its employees, agents, and contractors, arising from any and all activities Grantee, and its employees, agents, and contractors, conduct pursuant to the rights granted herein as provided for under California law. Grantee shall indemnify, hold harmless and defend Grantor from any and all liability, damages, loss, costs, and obligations, including, but not limited to, court costs and reasonable attorney's j fees, arising out of any claim, suit,judgment, loss or expense occasioned by, but not limited to, injury or death of any person or loss or damage to any property, in connection with Grantee's use of the Access Area or Grantee's breach of this agreement, excepting only losses to the extent arising from the negligence or willful misconduct of Grantor. 7. The terms, covenants, conditions, exceptions, obligations, and reservations contained herein shall be binding upon and shall inure to the benefit of Grantor, Grantee,and their Agreement re Access - 2 respective heirs, representatives, assigns, and successors in interest, and shall continue as a servitude running with the subject property. 8. Termination. a) Grantee may terminate this agreement at any time with notice to Grantor, followed by a notice of tenmination recorded in the Official Records. b) Notwithstanding anything to the contrary set forth in this agreement, this agreement and the right to access granted herein shall terminate upon the transfer of the j Lawrence-Mitty Property to a party other than a public or quasi-public entity. i c) Prior to termination of this agreement, Grantee shall remove the gate and permanently close off the Access Area to Lawrence Expressway and shall move the fence to be on or about the property line of the Lawrence-Mitty Property so that no vehicle turn- off area exists. 9. This instrument will be recorded in the official records of the County of Santa Clara, State of California. In Witness Whereof, Grantor and Grantee have caused this instrument to be executed. GRANTOR: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Name: Je'VP S WL iA-L.— also known as Jeffrey V. Smith Title: l�G w Iti��i Xeltt.�`t V� APPROVED AS TO FORM AND LEGALITY: Karen M. Willis, Deputy County Counsel Agreement re Access - 3 GRANTEE: CITY OF CUPERTINO,a California municipal corporation By: Name: Steven Sch Title: Mayor Attest: r By: Kirsten Squarcia City Clerk Approved as to Form and Legality: By: � y• \ Heather Minner City Attorney Agreement re Access -4 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 0175w��c, f On Sco�ery�e °c� before me, �G6� �(nq�� Notary PublicpIrsonally appeared �e�Lc e� V, �rn��l�. , who proved to me on the basis of satisfactory evidence to be Itie personjsa whose name(e) is/ark subscribed to the within instrument and acknowledged to me that he/jk1e/tla'y executed the same in his/IXT/thcfr authorized capacity�e), and that by his/X/tlier- signature(#] on the instrument the person(, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the j foregoing paragraph is true and correct. WITNESS my hand and official seal. MONICA FERNANDEZ Notary PubliC-Califorma Santa Clara County Commission#2199895 (Seal) My Comm.Expires Jun 6,2021 (Signature) i i Agreement re Access - Acknowledgement 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 ) Sa., / ) COUNTY OF C/a�q ) On Sep ems, 4 e.— 24 , zo z-. , before me, ki,�'j y J 0.✓'C1 Notary Public,personally appeared.-! { ve n Sc A a I-IC ,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/she/they executed the same in his/her/their authorized capacity), and that by his/her/their signatur0 on the instrument the personksl, or the entity upon behalf of which the personW 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. KIRSTEN SQUARCIA Notary Public-California '• Santa Clara County Commission 12257322 — (Seal) My Comm.Expires Oct A,2022 (Signature) I I Agreement re Access-Acknowledgement Agreement Regarding Access-Exhibit A Depiction of Lawrence Expressway Segment [See attached] I y I I I i I I i i Agreement re Access—Exhibit A _� MATCH LINE-SEE SHEET 2 N \ �•� r 00 CJ N r (D _00 00 00 I— �N ry%, Q � / SCALE: 1"=100' CE CD 00— 4- 4r LEGEND `- oQ ----PARCEL LINE CI W LL co d? P.0.8. POINT OF BEGINNING !� P.O.C. POINT OF COMMENCEMENT 00 to Q QLU SCVWD SANTA CLARA VALLEY WATER DISTRICT 00 CO 00 CL N _N � n 'o LL r Q r.' W W 00 _ f to �I Q to I - if Ld 1 O ry rn z Q N N _ N N Cd p_j Q G`- 5 Q_ V PM 609 M 6) ti W w C M � � LliND s (/) 0. M OIL 0 > p � ►3 Ld NO L707 < N N87'40'18"W * EV. 12-31820 120.40 1:0~ dr8 OF CALt�� J _ 0. �) W �Q EXHIBIT "A-2" N or'I N —1 � r�: Giuliani & Dull - r = o N San Jose, Inc. N w M 4880 Stevens Creek Blvd. Suite 100 Q (if M San Jose, California 95129 Q a I (408) 615-4000 s 0 q�A`�bo, 'z SCALE: 1"=100' PLAT TO ACCOMPANY DATE: 6/30/20 LEGAL DESCRIPTION DRAWN: E.T.CHECKED: M.H. PARCELS 1 & 3 Q �� r,\ ?�9, J08 NO.: 19129 LAWRENCE - MITTY PARK SHEET 1 OF 3 �� I CUPERTINO, CALIFORNIA MATCH LINE-SEE SHEET 3 6 0 �I 267/� � ' N 268 x J W U 26 9� Q ?. SCALE: 1"=100' a_ Q ,A 270 ,�� Cn may/ 271 a x w 272 go > � 2 \ -`Cp� 273 M I 274 275 N I p LO 276 to i N277 to to I 2 I 0 L,ND s oto 41� 278 N v KIP. 12-318 20 e w LL_ �r8 of C,LI�� (D z N to / 0 _ Of a�C5 a- _ "LLJ � I EXHIBIT "A-2 co Z lid coo Giuliani & Kull - San Jose, Inc. N a M 4880•Stevens Creek Blvd. Suite 100 N I San Jose, California 95129 o W 3 (408) 6154000 N N c) V SCALE: 1^=100' PLAT TO ACCOMPANY o < 'N DATE: 6/E.T./20 LEGAL DESCRIPTION D Co CHECKED: M.H. PARCELS 2 8. 3 JOB NO.:SHE 19220F 3 LAWRENCE - MITTY PARK MATCH LINE-SEE SHEET 1 CUPERTINO, CALIFORNIA I I 246 30' 247 A I I _ _ h� > 24f3 SCALE: 1"=100' =rye i m - - 249 0 0 - LOo z n 250 Z I 00 Uj � I 251co �' r U 252 w Q o t X � - - Z t 253 w vI 254 z I 255LU^� I a g p�/ Z =5�'° � A ND 256 e a °�o \o/ w 257 '� 258 � t Q * EN0.12-31820 J OF CA�1��4� o U •o N J o-H EXHIBIT "A-2" .. I w rn(0 � � �� p FffZGiuliani & Il�ult- " San Jose Inc. Ii to - - '- . QLt4880Stevens Creek Blvd. Suite 100 w San Jose, California 95129 M (408) 615-4000 � SCALE: 1"=100' PLAT TO ACCOMPANY s,• o DATE: 6/30/20 LEGAL DESCRIPTION 4s� tN DRAWN: E.T. PARCEL 2 5 2�ss. I CHECKED: M.H. JOB NO.: 19129 LAWRENCE - MITTY PARK -f SHEET 3 OF 3 MATCH LINE-SEE SHEET 2 CUPERTINO, CALIFORNIA Agreement Regarding Access -Exhibit B Depiction of Location of Existing Access Area [See attached] i i i i f Agreement re Access—Exhibit B La LOT 245 lot, M ; 00 � I Ci= ° a P LOT 250 00 o w b I z � � Cn W I � Q J <oT I Of 2SS Goo O EXISTING o O DRIVEWAY/ 00 ACCESS „ h OPENING pT 260 COUNTY OF SANTA CLARA APN 376-21-001 ACCESS PROHIBITED 2�5 I GRAPHIC SCALE U) 0 120 2 1 inch = 120 ft. E�M D �7 II p II ACCESS OPENING DULY. 2020 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Agreement Regarding ¢ Access dated Gir� ��'/ , 2020 from the County of Santa Clara to the City of Cupertino, a California municipal corporation, is hereby accepted by the J undersigned on behalf of the City of Cupertino pursuant to authority conferred by City Council Resolution No. 20-092 adopted on July 29,2020, and the City of Cupertino consents to recordation thereof by its duly authorized officer. 1 Dated: 2. � , 2020 City of Cupertino, a California municipal corporation, i' By: a Name: Steven Scharf Title: Mayor I i I I 1 Agreement re Access—Certificate of Acceptance