02-047 RWC, LLC - Pedestrian path easement (un-recorded)RESOLUTION N0.02-092 ~~~~J
A RESOLUTION OF THE CITY COUI\ CIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF PEDESTRIAN PATH AND MAINTENANCE
AGREEMENT AND NOTICE OF PERPVIISSION FOR PUBLIC USE UNDER
CALIFORNIA CIVIL CODE SECTIOl\f 1009(D); DEVELOPER, RWC, LLC,
10120 IMPERIAL AVENUE
WHEREAS, there has been presented to the City Council a proposed Pedestrian Path and
Maintenance Agreement and Notice of Permissio~i for Public Use, between the City of Cupertino
and RWC, LLC, for construction of a 5-foot wide pedestrian path over a portion of the Office
Park Parcels as specified in said agreement; and
WHEREAS, RWC, LLC agrees to gra~lt to the City of Cupertino anon-exclusive
easement as described in Exhibit A-1 of said agreement; and
WHEREAS, public use of the easement area shall be terminable in accordance with the
provisions stated in said agreement and under California Civil Code Section 1009(d); and
WHEREAS, the City of Cupertino assumes the obligation to maintain, repair and replace,
as necessary, each and all of the improvements comprising the path.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of May, 2002, by the follo~~ving vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
I~-~
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
RWC, LLC
c/o Greene Radovsky Maloney & Share LLP
Four Embarcadero Center, Suite 4000
San Francisco, California 94111-4106
Attn: Graham Maloney
SPACE A130VE PHIS LINE POR RECORDER'S USE
PEDESTRIAN PATH EASEMENT AND MAINTENANCE AGREEMENT
AND NOTICE OF PERMISSION FOR PUBLIC USE
UNDER CALIFORNIA CIVIL CODE SECTION 1009(d)
THIS PEDESTRIAN PATH EASEMENT AND MAINTENANCE AGREEMENT
AND NOTICE OF PERMISSION FOR Pi1BLIC USE UNDER CALIFORNIA CIVIL
CODE SECTION 1009(d) (this "Agreement") is made as of this day of ,
2002 ("Execution Date"), by and between RWC, LLC, a California limited liability company
("Property Owner"), and the CITY OF CUF'ERTINO, a California municipal corporation
("City").
RECITALS
A. Property Owner is the owner of that certain real property commonly known as
Results Way Corporate Park, located at One Results Way, Cupertino, California, and more
particularly described in the attached Exhillit A incorporated herein by this reference
(hereinafter, the "Office Park Parcels").
B. As a condition for approval of a use permit to transfer floor area ratio
development credits from certain real property located immediately north of the Office Park
Parcels and commonly known as 10120 Imperial Avenue, Cupertino, California (the "Residential
Parcel"), which use permit was applied for pursuant to Application No. 4-U-O1 submitted by
Grosvenor California Limited on behalf of PropE~rty Owner (the "Application"), Property Owner
has agreed to (i) construct a 5-foot wide ped~;strian path (as more particularly described in
Paragraph 1 below, the "Path") over a portion of the Office Park Parcels specified in the
Application and (ii) grant to the City a publi~~ access easement respecting such Path. The
purpose of the Path is to connect with a similar pedestrian path contemplated to be constructed
across portions of the Residential Parcel and to provide pedestrian and non-motorized vehicular
ingress and egress between the Residential Parcel to and from Bubb Road.
44189/1005
4/24/02/LPS/215276.11
~~-~
C. Property Owner desires to grant the foregoing easement and the City and Property
Owner desire to agree upon the construction and maintenance responsibilities and other
obligations respecting the Path, all in accordance with the terms of this Agreement.
D. This Agreement constitutes the "Path Easement" as defined in Paragraph 6 of that
certain First Amendment to Covenant between the City of Cupertino and Honeywell-Measurex
Corporation and Honeywell-Measurex Systems, Inc. regarding One Results Way dated
February 7, 2002, and recorded in the Official Frecords (as hereinafter defined) on February 14,
2002, as Document No. 16108521 (the "Amendment"), notwithstanding the reference in such
Paragraph 6 of the Amendment that the Path Easement is of even date with the Amendment.
NOW, THEREFORE, the parties agree for the consideration acknowledged by the
execution of this Agreement as follows:
1. Path Construction. Property Owner agrees that it shall cause the Path to be
constructed, at no cost or expense to the City, within the Easement Area, which Path shall be
substantially completed on or before the date (the "Completion Deadline") that is the second
(2"d) anniversary of the Execution Date. The 'ath shall consist of an asphalt concrete paved
pathway and adjacent wrought iron fencing, the final plans and specifications for which
improvements shall be subject to the prior written approval of both Property Owner and the City,
in each party's reasonable discretion.
2. Grant of Easement. Effective upon the date (the "Effective Date") which is the
earlier of the (x) date of substantial comple~:ion of the construction of the Path and (y)
Completion Deadline, Property Owner hereby grants to the City anon-exclusive easement (the
"Easement") over and across a portion of the Office Park Parcels (the "Easement Area")
consisting of a strip of land five (S) feet in width running along the entire length of the eastern
boundary of the Office Park Parcels and located adjacent to and immediately west of such
boundary, which Easement Area is more particularly described in Exhibit A-1 attached hereto
and incorporated herein by this reference and d~:picted on the plat attached hereto as Exhibit B
and incorporated herein by this reference, for f~urposes of (i) pedestrian access by the general
public within the Path across the Office Park P~ircels to and from the Residential Parcel, to the
north, and Bubb Road, to the south, and (ii) exercise of the City's maintenance obligations
concerning the Path, as set forth in Paragraph 3 below, by the City's employees, agents and
contractors. Upon the occurrence of the Effe~~tive Date, Property Owner and the City will
execute and acknowledge a supplemental writilig memorializing the Effective Date and cause
same to be duly recorded in the Official Records of the County of Santa Clara ("Official
Records"). If no such writing is recorded in the Official Records, then, unless this Agreement is
amended or modified in accordance with Paragraph 10.2 below, the Effective Date shall be
deemed to occur on the Completion Deadline.
3. Path Maintenance. From and after the Effective Date and through the
Termination Date (as hereinafter defined), if any, the City shall assume the obligation to
maintain, repair and replace, as necessary, each and all of the improvements comprising the Path,
at the City's sole cost and expense, such that the Path is continuously maintained in good
condition and repair. In connection with the foregoing obligations, the City shall comply with all
lawful requirements of local, county, state and Ff;deral authorities applicable to the operation and
44189!1005 ~
4/24/02/LPS/215276.11 `
I~~~
maintenance of the Path. Without implying auy obligation on the part of Property Owner to
monitor the City's performance of its maintenance and repair obligations hereunder, if Property
Owner reasonably determines that the Path is not being maintained in good condition and repair
in accordance with the terms of this Agreement., then Property Owner may so notify the City in
writing, stating with specificity the work to be I~erformed. Upon receipt of any such notice, the
City shall inspect the condition of the Path and determine a course of action. Notwithstanding the
foregoing or any provision of this Agreement to the contrary, Property Owner, at its election and
at Property Owner's sole cost, shall have the right, but not the obligation, to repair, maintain or
replace improvements comprising the Path at amp time.
4. Use of -Easement Area• Grantor'~> Retained Rights. Public use of the Easement
Area shall be limited to the use of the improvements comprising the Path installed within the
Easement Area pursuant to this Agreement for purposes of pedestrian and non-motorized
vehicular ingress and egress to and from the Residential Parcel. However, Property Owner's
tenants, employees, owners, and their invitees shall have the right to use the entire Easement
Area, including any surface portion not occuf~ied by the Path and all underground portions
thereof. Except as required by Paragraph 1 above or permitted in the last sentence of
Paragraph 3 above, Property Owner shall not a~nstruct or install any structure or other above-
ground improvements in the Easement Area ~~uring the term of this Agreement; provided,
however, that Property Owner reserves the right to maintain and install within or across the
Easement Area any underground utilities necess~.ry to serve any buildings or other improvements
located on the Office Park Parcels from time-to-time. Notwithstanding the foregoing, Property
Owner shall exercise such reserved rights in such a manner so as not to materially adversely
affect the use of the Path by the general public; provided, however, that the temporary closure of
the Path as reasonably necessary for Property Owner to effect any such installation of
underground utilities shall be permitted hereunder. In the event any such installation or
maintenance of underground utilities involves the disturbance of any portion of the Path
improvements, Property Owner shall cause any such disturbed improvements to be restored, at
no cost or expense to City, to substantially the same condition as existed prior to such
disturbance.
5. Termination of Easement. Unless otherwise canceled or terminated as hereinafter
provided, the Easement shall continue in perpetuity. Notwithstanding the foregoing, if at any
time a pedestrian and/or non-motorized vehicular path for public use is developed along or
across that certain real property owned on the ~jate hereof by Southern Pacific Transportation
Company and located immediately to the east of the Office Park Parcels (any, an "Alternative
Path"), then, upon the provision of such right of way to the public (the "Alternative Easement")
either party may, at its sole option exercised by written notice to the other party, elect to
terminate this Agreement and the Easement upon a date set forth in any such notice, which date
(the "Termination Date") shall be after the completion of construction of the Alternative Path
within the Alternative Easement and its availability to the public. Upon any such Termination
Date, the Easement and this Agreement shall terminate and shall be of no further force and
effect; provided, however, that the indemnification provisions of Paragraph 6 hereof shall
survive such termination indefinitely with respe~~t to any Claims (as hereinafter defined) based
upon events occurring, or alleged to have occurred, in the Easement Area on or after the
Effective Date and prior to the Termination Date. Upon any termination of this Agreement, the
City shall, upon written request by Property Owner, promptly execute and record a quitclaim
4418911005
4/24/02/LPS/215276.11 ~
II -~
deed conveying to Property Owner all of the Cit~~'s right, title and interest in and to the Easement
and the Easement Area. The obligation set forth in the preceding sentence shall survive the
termination of this Agreement.
6. Indemnification.
6.1 By the City. Except where caused by the sole negligence or willful
misconduct of Property Owner, its employees, agents, or contractors, the City agrees to protect,
defend, indemnify, and hold harmless Property Owner, its members, officers and employees and
its members' respective shareholders, officers, directors and employees (collectively,
"Indemnified Parties") from and against any and all claims, lawsuits, and actions of every name,
kind, and description (collectively, "Claims") brought for or on account of any personal injury or
property damage occurring by reason of the use of the Easement granted herein, whether by the
general public or any employee, agent, or contractor of the City, or by reason of anything
installed, constructed or omitted to be done by tl'~e City in the Easement Area, and resulting from
any work, authority, or jurisdiction delegated to the City under this Agreement, and any costs,
expenses or liabilities incurred by any of thf: Indemnified Parties in connection therewith
including, without limitation, reasonable attorne}'s' fees and costs.
6.2 B}_Property Owner. To the extent caused by the sole negligence or willful
misconduct of Property Owner, its employees, agents, or contractors, in connection with the
exercise of any right to use the Easement Area reserved by Property Owner under Paragraph 4
above, Property Owner agrees to protect, defend, indemnify, and hold harmless the City from
and against any and all Claims brought for or on account of any personal injury or property
damage occurring by reason of such exercise of a reserved right to use the Easement Area, or by
reason of any latent defect in anything installed or constructed by Property Owner in the
Easement Area in connection with such exercise of a reserved right to use the Easement Area
(but specifically excluding any claims arising from the matters described in the last sentence of
Paragraph 4), and any costs, expenses or liabilities incurred by the City in connection therewith
including, without limitation, reasonable attorneys' fees and costs. Notwithstanding the
foregoing, nothing in this Subparagraph 6.2 shall be construed to imply any indemnity obligation
from Property Owner to the City respecting (i; the construction of the Path improvements in
accordance with Paragraph 1 above or (ii) any f~~ilure by the City to maintain any portion of the
Path improvements disturbed by Property Owner in connection with the exercise of any such
reserved right to use the Easement Area, so long as Property Owner has restored such Path
improvements as required by Paragraph 4.
7. Binding Effect on Successors and Assigns. All of the obligations of Property
Owner under this Agreement shall constitute covenants running with the land which shall (i) be
binding upon each Successor Owner (as hereinafter defined) during its ownership of any portion
of the Office Park Parcels affected hereby and (ii) except for obligations which have then
accrued, cease with respect to Property Owner acid any such Successor Owner effective as of the
date Property Owner or any such Successor O~Nner transfers its entire fee title interest in the
Office Park Parcels. It is expressly agreed that the covenants of the City hereunder to do or
refrain from doing something on the Office Park Parcels are for the benefit of the land and shall
automatically, without further action by the ~; ity, inure to the benefit of the transferees,
successors (whether derived through foreclosurf: or trustee's sale or otherwise) and assigns of
44189/1005 4
4/24/02/LPS/215276.11
II.~
Property Owner with respect to any portion of the Office Park Parcels (any, a "Successor
Owner"). It is further agreed that the indemnit}• obligations of the City set forth in Paragraph 6
are for the benefit of, and enforceable by, Property Owner and any Successor Owner.
8. Mortgagee Protection. No breach of the covenants, conditions or restrictions in
this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust made in
good faith for value upon any portion of the Office Park Parcels, but all of said covenants,
conditions and restrictions shall be binding upon and effective against the person or entity whose
title to the applicable portion of the Office Park Parcels is derived through foreclosure or trustee's
sale or otherwise.
9. Not an Offer of Dedication• Notice under Civil Code Section 1009(d).
Notwithstanding the use of the Path by the general public permitted hereby, nothing herein
contained shall be deemed to be an offer of dedication by Property Owner of the Easement Area
or of any other portion of the Office Park Parcels. The City acknowledges that it is the intent of
Property Owner that (i) this Agreement shall b~~ strictly limited to and for the purposes herein
expressed and (ii) the public use of the Easeme~zt Area permitted hereunder shall be terminable
in accordance with the provisions hereof. Property Owner further intends this Agreement to
constitute notice, as contemplated by Section 1009(d) of the California Civil Code, of Property
Owner's express permission for such public use until such time as the Termination Date may
occur. The City agrees that, notwithstanding th~° City's maintenance obligations concerning the
Path set forth herein and the provisions to th~~ contrary set forth in Section 1009(d) of the
California Civil Code, the City, on behalf of itself and every other City Party, hereby waives any
right to claim, at any time, that the public use ri;;ht granted in this Agreement has ripened into a
vested right to continue such use.
10. General Provisions.
10.1 Inurement. The terms of this Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, heirs, beneficiaries, executors, administrators,
and assigns of the respective parties.
10.2 Method of Amendment. The provisions of this Agreement may be
modified or amended, in whole or in part, by a •~riting executed and acknowledged by the then
owner(s) of the Office Park Parcels and by the City, and duly recorded in the Official Records.
10.3 Waiver. A waiver by ogle party of the performance of any covenant,
condition, or promise of the other party shall not invalidate this Agreement, nor shall it be
considered a waiver by such party of any other a~venant, condition, or promise contained herein.
The waiver of either or both parties of the time for performing any act shall not be construed as a
waiver of any other act required to be performed at a later date.
10.4 Notices. All notices given pursuant to this Agreement shall be in writing
and addressed as required by this Subparagraph. Any notice sent by registered or certified mail,
return receipt requested, shall be deemed given on the date of delivery or first attempted delivery
shown on the receipt card, or if no delivery date is shown on such receipt card, then the date of
the postmark thereon. If sent by regular mail, the notice shall be deemed given upon actual
44189/1005 5
4/24/02/LPS/215276.11
l l -1~
delivery to the address specified herein. Notice, delivered by the U.S. Express Mail or overnight
courier that guarantees next business day delivery shall be deemed given on the next business
day after delivery of the same to the U.S. Postal Service or such courier. If notice is received on
a Saturday, Sunday, or legal holiday, or on a business day after 5:00 p.m., it shall be deemed
received on the next business day. For purpo:~es of notice, the addresses of the parties are as
follows, which may be changed by 5 days' prior written notice:
To Property Owner: RWC, LLC
c/o Grosvenor California Limited
1 Embarcadero Center, Suite 3900
San Francisco, CA 94111
Attn: Asset Manager
To the City: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: City Manager
10.5 Entire Agreement. This agreement contains the entire agreement between
the parties with regard to the matters contained 1-_erein and supersedes all prior written and/or oral
representations and/or agreements.
10.6 Construction. The parties acknowledge that each party and its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or any amendments or exhibits to this Agreement. If any
portion of this Agreement is declared by a court of competent jurisdiction to be invalid or
unenforceable, the remaining portion of this Agreement shall remain in effect.
10.7 Attorneys' Fees. If an <<ction is filed by any of the parties hereto, to
enforce and/or interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs.
10.8 Governing Law. The parties hereto expressly agree that this Agreement
shall be governed by, interpreted under, and construed and enforced in accordance with the laws
of the State of California.
10.9 Headings. Any headings or captions used herein are inserted only as a
matter of convenience and for reference only ar..d in no way define, limit, or describe the scope
of this Agreement nor the intent of any provisions thereof.
[REMAINDER OF THIS PAGE II\ITENTIONALLY LEFT BLANK.]
44189/1005
4/24/02/LPS/215276.11
E•
~~-~
STATE OF CALIFORNIA )
ss
COUNTY OF Scutt ~ru.vlcr~ )
On M o.. ~ 2002, before me, ~j~ ~ S Cp I ~ ~
Notary Public in and for said tate, personally appeared ~lat,~ Ghc~rM9ft~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
.~ . _ .
t70f21S COELHO
Commission ~ 1339690
z Notary Public - California ~
] San Francisco Couniy ~
(Seal)
STATE OF CALIFORNIA )
' ) ss
COUNTY OF ~~ ~a-+-tUSco )
Signatw-e
On rvl, p. ~ 2002, before;~me, ~ d r ; S CvQ-- (~
Notary Public in and for said tate, personally appeared ~,.~ ayi c( (SO-r1
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
' aoRis GOELHO `
Commission ~ 1339690 [
~ Notary Public - Galifomia ~ Signature ~~
San Francisco County -
My Cantu. E~ires Jan 14, 2008
(Seal)
44189/1005
4/24/02/L PS/2152 76.11
~\-~
EXHIBIT A
LEGAL DESCRIPTION FO:[2 OFFICE PARK PARCELS
That certain real property situated in the County of Santa Clara, State of California, and
described as follows:
PARCEL ONE
All that portion of said land as dE~scribed as Adjusted Parcel 3
as shown in the Lot Line Adjustment;, recorded September 11,
2001, Instrument Number 15862177, ~~nd as further described
below.
All that real property situate in t;he City of Cupertino, County
of Santa.Clara, State of Californi~~, being-all of Parcel 3, as
said Parcel is shown on that certa:gin map filed for record on
April 12, 1979 in Book 439 of Maps at Pages 12 and 13 in the
Office of the Recorder of Santa Cl~~ra County, and being a
portion of the lands described in ghat certain document
recorded October 14, 1975 in Book F3662 at Page 46, in the
Office of the Recorder of Santa Cl~ira County and being more
particularly described as follows:
Beginning at the southwesterly corner of said parcel; thence
along the westerly line of said parcel North 00° 01' 00" West,
a distance of 241.44 feet to the southwesterly corner of the
lands described in said Book B662 pit Page 46; thence along the
westerly line of said lands North 00° 00' 33" West, a distance
of 318.23 feet; thence South 89° 5;" 36" East, a distance of
273.99 feet to the easterly line of: said lands; thence along
said line South 19° 06' 48" East, ~i distance of 335.54 feet to
the northeasterly corner of said P~ircel; thence along the
easterly line of said parcel South 19° 06' 48" East, a distance
of 293.23 feet to the southeasterl}' corner of said parcel;
thence along the southerly line of said parcel North 82° 24'
51" West, a distance of 261.05 feet:; thence continuing along
said line North 89° 57' 24" West, ~~ distance of 220.99 feet to
the Point of Beginning.
PARCEL TWO
Parcel 1, as shown on that Parcel DZap filed for record in the
Office of the Recorder of the Country of Santa Clara, State of
California on April 12, 1979 in Book 439 of Maps, Pages 12 and
13.
PARCEL THREE
Parcel 2, as shown on that Parcel r,iap filed for record in the
Office of the Recorder of the Country of Santa Clara, State of
California on April 12, 1979 in Book 439 of Maps, Pages 12 and
13.
End of Legal Description
44189/1005
3/15/02/LPS/215276.8 `~
BkF
ENGINEERS
SURVEYORS
PLANNERS
54o Price Avenue
Redwood City
California 94063-iyii
phone 65o.48z.63oo
fax 650.482.6399
www.bkf com
March 12, 2002
BKF Job No.: 20000312-11
DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT
All that real Property situated in the City of Cupertino, County of Santa Clara,
State of California, being a portion of Parcel 2 as said parcel is shown on the
Parcel Map recorded on April 12, 1579 in Book 439 of Maps at Pages 12 and 13.
in the Office of the Recorder of Sa:;~ta Clara County and a portion of Adjusted
Parcel 3 as said parcel is described ;gin Recorder's Document Number 15862177,
on September 11, 2001 in the Office: of the Recorder of Santa Clara County and
being more particularly described as Follows:
BEGINNING at the most northeasterly corner of said Adjusted Parcel 3; thence
along the northeasterly line of said Adjusted Parcel 3 and said Parcel 2, South 19°
06' 48" East, 1386.38 feet to the most easterly corner of said Parcel 2, being a
point on anon-tangent curve to the left, from which point a radial line bears South
47° 30' 32" East; thence along the easterly line of said parcel, along said curve
having a radius of 387.00 feet, through a central angle of 00° 50' 42", for an arc
length of 5.71 feet; thence leaving said curve along a line parallel with and 5 feet
westerly as measured perpendicular to the northeasterly line of said Parcel 2 and
said Adjusted Parcel 3, North 19° C~6' 48" West, 1390.87 feet to a point in the
northerly line of said Adjusted Para~l 3; thence along said northerly line, South
89° 56' 46" East, _5.29 feet to the POINT OF BEGINNING and containing an area
of 6,943 square feet, more or less.
A plat showing the above-described parcel is attached hereto and made a part
hereof as "Exhibit B".
This description was prepared by me; or under my direction in conformance with
the requirements of the Land Surveyor's Act.
~5~~ LAND SGT`
Billy Mart'n, P. L. S. No. 5797 --~ BILLY MARTIN G~,~g Dated
Expires: June 30, 2004 `.~ EXP. 6/3Q/2004 :, :'
K:~Iv1AtM2000~20000312~Legals~PulestrianingressEgressEasement.dex No. 5797 ~~
~~9 ~1 ''J
T\t~F CAL~~4~
(~_~~-
ADJUSTED PARCEL 1 L1 ~\ POINT OF
DOCUMENT 15862177 ~- E3E:GINNING
No. eoring Length
L1 S 89'56'46" E 5.29'
No. Rodius Delto Len th
C1 387.00' 00'50'42" 5.71'
LANDS OF RWC, LLC
ADJUSTED PARCEL 3
DOCUMENT 15862177
Z \ Z
0~, \ O
~n ~ Ul ~
~ ~ a
~'
~ ~
s ~
~ ~~
~ ~
W (''>
~ ~
O ~~ 'yZ
.~~ \
O
LANDS OF RWC, LLC ~-~
PARCEL 2 ~,,
439 M 12-13 \ 2
n
-o
2
.c
0
- ry
wN
O
tl •-
at
wm
O W
.-
na
n
0
0
0
o"
N4
~~
~o
LANDS OF RWC, lLC
LAND PARCEL 1
~~p ~ 439 M 12-13 ~
~~~ `~ ~
'' BIL Y TIN ` m
~ 0/2004 ~
-- ^^ o. 5797 ~ ~- m
V' \
9 F DF CAL~~~~~ MCCLELLAN ROAD
W
~o
~a
O
O
N
II
l
5' PEDESTRIAN
INGRESS/EGRESS
EASEMENT
6,943 SO. FT :t
S
\ A~~
~Q.
1 \ `~?,
~F
r.PJ
540 PRICE AVENUE 5' WIDE PEDESTRIAN ACCESS
=: REDwooo GTY, cA 94063 EASEMENT
650/482-6300
650/482-6399 (FAX) r
EN6INEBNI$pNyEY0NS1PUNNEII,t Drawn GRK Checked RCS Approved E3M I'
Job No. 2(1000312-11 Date 03/12/02 Sheet 1 of 1
CONSENT OF LIENHOLDER Ai~ID SUBORDINATION OF LIEN
The undersigned beneficiary under that certain Deed of Trust dated June 16, 1998 recorded as
Instrument No. 14237495 on June 16, 1998 iti the Official Records of Santa Clara County,
California ("Deed of Trust"), consents to all of the terms and provisions contained in the
foregoing Pedestrian Path Easement and Maintenance Agreement executed by RWC, LLC and
the City of Cupertino ("Path Easement"), and agrees that the lien of such Deed of Trust shall be
junior and subordinate and subject to the Path Easement.
THE BANK OF NOVA SCOTIA,
SAN FRANCISCO AGENCY
By: ~~~
Name: . IVL
Its: Y7t/C~~-~arL
44189/1005
LPS/215276.11
f~-(S
STATE OF CALIFORNIA )
ss
COUNTY OF ~~,~~~/~1'.d ~C[~ )
On ~r~ ~ 2002, before me, ~(,~ ~; 1if1 ~ ~~o
Notary Public in and for said ate, personally appeared ~ ~ - i ~ ~'C''~' ,
personally known to me ( asis o ~ Tree) to be the
person(} whose name~,1 is/a~ subscribed to the within instrument and acknowledged to me that
/she/i~ey executed the same in I~/her/ttj{~r authorized capacity(i'~, and that by ~/her/~ir
signature( on the instrument the person, or the entity upon behalf of which the person('
acted, executed the instrument.
WITNESS my hand and official seal.
~ _
Signature f ~-
(Seal) a..~-.~
CECIUA ANNE pELGADO
Commission ~ 1255913
Z Notary Public - Caltforr~ia
San Franclsco County
My Comm. 6~ires Mor 6,2004
-mm_-~..,~...ro
44189/1005
4/24/02/LPS/215276.11
I~~ ~~