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12-099 Memorandum of Unrecorded Grant Agreement, 21979 San Fernando Avenue DOCUMENT: 21677590 Pages: 6 RECORDING REQUESTED BY: Fees. . * No Fees Taxes. . City of Cupertino Copies. . WHEN RECORDED, MAIL TO: _ AMT PAID REGINA ALCOMENDRAS RDE # 007 City Clerk's Office SANTA CLARA COUNTY RECORDER 5/21/2012 City of Cupertino Recorded at the request of 2:08 PM 10300 Torre Avenue City Cupertino, CA 95014-3255 V (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 Memorandum of Unrecorded Grant Agreement 21979 San Fernando Avenue a Original O For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of December 15, 2010, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency ("Agency") and City cf Cupertino ("Grantee"). RECITALS • On or about June 27, 2007, Agency and Grantee entered into a certain Grant Agreement, Grant No. 40745-06 ("Grant"), pursuant: to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A and incorporated by reference(the "Real Property"). • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt without the written permission of the State. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. GRANTEE: By: Borden, Director of Public Works City of Cupertino EXHIBIT A REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,STAT E OF CALIFORNIA, KNOWN AS BLACKBERRY FARM PARK. ALL THAT REAL PROPERTY SITUATE IN SECTION 15,TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE MOUNT DIABLO BASE LINE AND MERIDIAN, CITY OF CUPERTINO,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA, PROPERTY KNOWN AS BLACKBERRY FARM PARK, FORMING A PORTION OF SANTA CLARA COUNTY ASSESSORS PARCEL NUMBER 357-10-008,AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STEVENS CREEK BOULEVARD AS ESTABLISHED BY RECORD OF SURVEY RECORDED IN BOOK 469 OF MAPS,AT PAGE 57, OFFICIAL RECORDS, OF SANTA CLARA COUNTY AND AS SHOWN ON PLAN LINE MAP RECORDED IN BOOK 7 OF PLAN LINE MAPS, PAGES 113 TO 121,SANTA CLARA COUNTY RECORDS WHICH BEARS SOUTH 89°48'00"WEST A DISTANCE OF 260.77 FEET AND NORTH 12°30'23" EAST A DISTANCE OF 5.19 FEET FROM THE INTERSECTION OF BYRNE AVENUE AND OLD STEVENS CREEK BOULEVARD AS SHOWN ON THE MAP OF TRACT NO. 150, "STEVENS CREEK SUBDIVISION MAP NO. 2", RECORDED IN BOOK 5 OF MAPS, PAGES 4 AND 5,SANTA CLARA COUNTY RECORDS;THENCE SOUTH 12° 30' 23" WEST,ON THE WESTERLY LINE OF "TRACT NO. 6574", RECORDED IN BOOK 443 OF MAPS, PAGES 34 AND 35, SANTA CLARA COUNTY RECORDS,AND THE NORTHERLY EXTENSION THEREOF,A DISTANCE OF 302.26 FEET TO THE SOUTHWEST CORNER THEREOF AND THE NORTHWEST CORNER OF SAID TRACT NO. 150;THENCE ON THE WESTERLY LINE OF SAID TRACT NO. 150 THE FOLLOWING 11 COURSES; 1.SOUTH 03°02' 58" EAST A DISTANCE OF 101.84 FEET; 2.SOUTH 06°43' 32" WEST A DISTANCE OF 126.15 FEET; 3. SOUTH 15°03' 52" EAST A DISTANCE OF 95.55 FEET; 4.SOUTH 01°32' 17" EAST A DISTANCE OF 92.26 FEET; 5. SOUTH 06°17'53" EAST A DISTANCE OF 48.91 FEET; 6. SOUTH 28° 55' 53" EAST A DISTANCE OF 141.02 FEET; 7. SOUTH 04°26'48" EAST A DISTANCE OF 139.85 FEET; 8. SOUTH 03° 13' 56" WEST A DISTANCE OF 109.72 FEET; 9.SOUTH 08°29' 30" EAST A DISTANCE OF 101.56 FEET; 10.SOUTH 46° 15' 30" EAST A DISTANCE OF 48.95 FEET; 11. SOUTH 00°00'00" EAST A DISTANCE OF 473.35 FEET TO A POINT ON THE NORTHERLY LINE OF SAN FERNANDO AVENUE;THENCE SOUTH 57° 30'00" WEST,ON SAID NORTHERLY LINE,A DISTANCE OF :165.89 FEET TO THE NORTHEAST CORNER OF LOT 59 OF TRACT NO. 211, "STEVENS CREEK SUBDIVISION MAP NO.4" AS RECORDED IN VOLUME 7 OF MAPS, PAGE 31,SANTA CLARA COUNTY RECORDS;THENCE SOUTH 00° 10' 58" WEST, ON THE EAST LINE OF SAID LOT 59,A DISTANCE OF 30.00 FEET; THENCE SOUTH 69° 09' 51" WEST A DISTANCE OF 124.89 FEET TO THE NORTHWEST CORNER OF SAID LOT 59; THENCE SOUTH 83°90'00" WEST, ON THE NORTHERLY LINE OF SAID TRACT NO. 211,A DISTANCE OF 239.08 FEET TO THE MOST EASTERLY CORNER PARCEL"B" AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN BOOK 146 OF MAPS, PAGE 56,SANTA CLARA COUNTY RECORDS, SUCH LOCATION TO BE "POINT A";THENCE ON THE NORTHERLY, WESTERLY AND SOUTHERLY LINES OF SAID PARCEL"B"THE FOLLOWING 7 COURSES: 1. NORTH 76°49' 03" WEST A DISTANCE OF 86.30 FEET; 2.SOUTH 79° 14' 51" WEST A DISTANCE OF 30.17 FEET; 3. SOUTH 60°29' 51" WEST A DISTANCE OF 60.00 FEET;4.SOUTH 40°44' 21" WEST A DISTANCE OF 19.99 FEET; 5.SOUTH 12° 19'43" EAST A DISTANCE OF 50.82 FEET; 6.SOUTH 39°06'00" EAST A DISTANCE OF 72.31 FEET; 7. NORTH 55°54'00" EAST A DISTANCE OF 43.18 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF LOT 48 OF SAID TRACT NO. 211;THENCE ON THE SOUTHWESTERLY LINE OF SAID TRACT NO. 211 THE FOLLOWING 4 COURSES; 1.SOUTH 36° 42'00" EAST A DISTANCE OF 34.45 FEET; 2. SOUTH 33° 31'00" EAST A DISTANCE OF 93.06 FEET; 3.SOUTH 30°31'00" EAST A DISTANCE OF 79.45 FEET; 4. SOUTH 45°33'00" EAST A DISTANCE OF 189.70 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK K982 OF OFFICIAL RECORDS, PAGE 1197, RECORDS OF SANTA CLARA COUNTY;THENCE SOUTH 11°38'08" EAST, ON THE WESTERLY LINE OF SAID PARCEL,A DISTANCE OF 61.20 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 2366 OF OFFICIAL RECORDS, PAGE 499, RECORDS OF SANTA CLARA COUNTY;THENCE SOUTH 24°04' 30" EAST, ON THE WESTERLY LINE OF SAID PARCEL,A DISTANCE OF 92.58 FEET; THENCE SOUTH 12°51' 30"WEST, CONTINUING ON SAID WESTERLY LINE,A DISTANCE OF 172.35 FEET TO A POINT ON THE NORTH LINE OF TRACT NO. 5362 AS RECORDED IN BOOK 323 OF MAPS, PAGE 41,SANTA CLARA COUNTY RECORDS;THENCE NORTH 90°00'00" WEST, ON THE NORTH LINE OF SAID TRACT NO.5362 AND ON THE NORTH LINE OF LOT"Z" OF THE MAP OF"COLONY TRACT MONTA VISTA"AS RECORDED IN BOOK"P" OF MAPS, PAGE 21, SANTA CLARA COUNTY RECORDS,A DISTANCE OF 328.67 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL"A" OF TRACT NO. 5873, "THE SYCAMORES" AS RECORDED IN BOOK 383 OF MAPS, PAGES 51 AND 52,SANTA CLARA COUNTY RECORDS;THENCE ON THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL"A"THE FOLLOWING 3 COURSES: 1. NORTH 02°44' 11" EAST A DISTANCE OF 206.97 FEET; 2. NORTH 20°25' 11" EAST A DISTANCE OF 153.50 FEET; 3. NORTH 58° 17' 31" WEST A DISTANCE OF 708.51 FEET TO A POINT ON THE WESTERLY LINE OF LOT"C" OF THE "MAP OF MONTA VISTA PARK"AS RECORDED IN BOOK"P" OF MAPS, PAGE 19, RECORDS OF SANTA CLARA COUNTY;THENCE ON THE WESTERLY AND NORTHERLY LINES OF SAID LOT"C"THE FOLLOWING 7 COURSES: 1. NORTH 00°10' 31"WEST A DISTANCE OF 31.54 FEET; 2. NORTH 18° 18' 25" EAST A DISTANCE OF 124.23 FEET; 3. NORTH 44°48' 25" EAST A DISTANCE OF 123.86 FEET;4. NORTH 38°03' 25" EAST A DISTANCE OF 79.23 FEET; 5. NORTH 08°03' 25" EAST A DISTANCE OF 137.94 FEET; 6. NORTH 13° 11' 35"WEST A DISTANCE OF 82.00 FEET; 7. NORTH 76°48' 25" EAST A DISTANCE OF 10.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID MONTA VISTA PARK;THENCE NORTH 13° 11' 35" WEST,ON SAID EASTERLY LINE,A DISTANCE OF 70.56 FEET;THENCE NORTH 46°48'00" EAST, CONTINUING ON SAID EASTERLY LINE,A DISTANCE OF 206.74 FEET TO THE MOST SOUTHERLY SOUTHEAST CORNER OF TRACT NO. 5915, "THE MEADOWS OF CUPERTINO"AS RECORDED IN BOOK 384 OF MAPS, PAGES 18 AND 19, SANTA CLARA COUNTY RECORDS;THENCE NORTH 49°03'05" EAST, ON THE SOUTHEASTERLY LINE OF SAID TRACT NO. 5915, A DISTANCE OF 69.19 FEET TO A FOUND IRON PIPE, SUCH LOCATION TO BE "POINT B",THENCE NORTH 49°03'05" EAST, ON THE SOUTHEASTERLY LINE OF SAID TRACT NO. 5915,A DISTANCE OF 106.95 FEET; THENCE NORTH 52°45'45" EAST, CONTINUING ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 139.19 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK"I" 410 OF OFFICIAL RECORDS, PAGE 635,SANTA CLARA COUNTY RECORDS;THENCE ON THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING 7 COURSES: 1. NORTH 37°07'43" EAST A DISTANCE OF 107.38 FEET; 2. NORTH 25°37'43" EAST A DISTANCE OF 54.12 FEET; 3. NORTH 36°37'43" EAST A DISTANCE OF 199.32 FEET;4. NORTH 24°37'43" EAST A DISTANCE OF 80.26 FEET; 5. NORTH 04°45'43" EAST A DISTANCE OF 231.66 FEET; 6. NORTH 02°59' 17" WEST A DISTANCE OF 122.10 FEET; 7. NORTH 44°22' 17" WEST A DISTANCE OF 136.68 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK G295 OF OFFICIAL RECORDS, PAGE 548, RECORDS OF SANTA CLARA COUNTY;THENCE ON THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING 3 COURSES: 1. NORTH 64°50' 30" EAST A DISTANCE OF 77.87 FEET; 2. NORTH 07°28' 30" EAST A DISTANCE OF 119.78 FEET; 3. NORTH 00°11'00" WEST A DISTANCE OF 32.97 FEET TO THE AFOREMENTIONED SOUTHERLY RIGHT- OF-WAY LINE OF STEVENS CREEK BOULEVARD;THENCE NORTH 89°49'00" EAST, ON SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2.61.54 FEET;THENCE NORTH 86°53'46" EAST, CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 40.58 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM: PARCEL"A"AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN BOOK 148 OF MAPS, PAGE 58, RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 83°09' 00" EAST A DISTANCE OF 28.12 FEET AND NORTH 06°51' 00"WEST A DISTANCE OF 37.16 FEET FROM THE NORTHWEST CORNER OF LOT 49 OF TRACT 211, "STEVENS CREEK SUBDIVISION MAP NO.4"AS RECORDED IN VOLUME 7 OF MAPS, PAGE 31, RECORDS OF SANTA CLARA COUNTY;THENCE NORTH 10°04' 00" WEST A DISTANCE OF 97.98 FEET;THENCE NORTH 61°48'00" EAST A DISTANCE OF 77.12 FEET;THENCE SOUTH 70° 14'00" EAST A DISTANCE OF 71.22 FEET;THENCE SOUTH 03°13' 00" EAST A DISTANCE OF 94.18 FEET;THENCE SOUTH 83°09'00" WEST A DISTANCE OF 124.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. AND ALSO EXCEPTING THEREFROM: ALL PORTIONS OF THE LAND LOCATED NORTH AND EAST OF A LINE DIRECTLY CONNECTING "POINT A"AND"POINT B" DESCRIBED ABOVE, SUCH PROPERTY AS IS KNOWN AND OPERATED AS BLACKBERRY FARM GOLF COURSE, ADDRESS 22100 STEVENS CREEK BOULEVARD, CUPERTINO, CALIFORNIA. AND ALSO EXCEPTING THEREFROM: ALL LAND DESCRIBED WITHIN THAT CERTAIN INGRESS/EGRESS AND UTILITIES EASEMENT TITLED "EASEMENT AGREEMENT" DATED APRIL 3, 1991 AND DESCRIBED AND RECORDED IN OFFICIAL RECORDS, BOOK L663 PAGES 152 TO 168, RECORDS OF SANTA CLARA COUNTY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cv-v;v;v-v-v;v;y; :'v;v;v; /'V' ''' 4'' '•/ �^•-,V'• f;v-•f'• ,''. • '•,'-v-v-✓-✓- �v-v-rvy l State of California 1 County of SA'N4 7 - C4.-4-144 J t On NIA-'If /S 'Zola- before me,K,,.S T1E�REa✓C -SC vA-Kc(.t JDTT 4Qy PC'L c-/G yt Date' Here Insert Name and Title of tftt'Officer P, t i personally appeared 17"1,44 8 d/co Etn1 Y Name(s)of Signer(s) t 9 t who proved to me on the basis of satisfactory evidence to be the person(9) whose namef,$)O re tsubscribed to the within instrument and acknowledged t to me that she/they executed the same in h tetS er/their authorized capacity i , and that by k t i her/their signature on The instrument the 1 t person( i, or the entity upon behalf of which the 3 f' persons acted, executed the instrument. I C A( KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the 1 . Commission• 1906898 laws of the State of California that the foregoing Notary Public-California t ; paragraph is true and correct. s'r*f Santa Clara County 5 My Comm. Expires Oct 1,2011 WITNESS my hand and official seal. V t 11 Signature: ,% — _ - - i tea. t t Place Notary Seal Above Signature of Notary Publi t OPTIONAL. vS Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. P( tDescription of Attached Document V Title or Type of Document: A1 /ti OA A/41/ f PJF I'A"ACCoA--ij 6-0.2./Vvr/4612-E-64-10-or 9 Document Date: AEG-a✓Marit is, 20/o Number of Pages: / Signer(s) Other Than Named Above: 3 Capacity(ies) Claimed by Signer(s) t Signer's Name: Signer's Name: P ❑ Corporate Officer—Title(s): L]Corporate Officer—Title(s): C.(' ❑ Individual RIGHT THUMBPRINT L] Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER t ❑ Partner—❑Limited El General Top of thumb here Li Partner—El Limited El General Top of thumb here 9 ❑ Attorney in Fact Li Attorney in Fact ❑ Trustee L]Trustee V r ❑ Guardian or Conservator Li Guardian or Conservator ❑ Other: Li Other: )� Signer Is Representing: Signer Is Representing: (1 h 2..._.•� A •.. •— _,�.\_.._,ti•._,ti A_.'.._.._. ,r\i...:.• '4 . `_,�.`C"• •�.•\._,•\_."._.•\_."._.•\_.•\_.•\_..\_.•\_,•\_.••—•\_.••_.•_.•\_,A—•.—•.—•fit ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907