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E-671 Grant of Easement for Roadway Purposes, 10300 Byrne Ave, APN 326-10-063 a DOCUMENT: 21631269 Pages: 10 RECORDING REQUESTED BY: Fees. * No Fees City of Cupertino 1 1111 I 1111111 Taxes. . . Copies. WHEN RECORDED,MAIL TO: AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 024 City of Cupertino SANTA CLARA COUNTY RECORDER 4/19/2012 Recorded at the request of 10:41 AM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 GRANT OF EASEMENT FOR ROADWAY PURPOSES 10300 Byrne Avenue APN 326-10-063 Felix Mendelson, Trustees of the Emilia Mendelson trust, as to an undivided 40% interest and Felix Mendelson, Trustee of the Mendelson Trust, as to an undivided Original O For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 GRANT OF EASEMENT FOR ROADWAY PURPOSES 10300 Byrne Avenue APN 357-15-049 Felix Mendelson, Trustee of the Emilia Mendelson trust, as to an undivided 40% interest and Felix Mendelson, Trustee of the Mendelson Trust, as to an undivided 60% interest, as tenant in common, grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described properly which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this_ /5-7-'4 day of fide ul1'2012. Owner: � ior 1•' - ��� � w (Notary acknowledgment to be attached) CITY OF CUPERTINO: '�Fiafm✓ D. Borden, PE Director of Public Works EXHIBIT "A" VARIABLE WIDTH ROAD DEDICATION LEGAL DESCRIPTION APN 35715-049 A variable width strip of land for a road dedication, being a portion of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, Mount Diablo Base and Meridian, more particularly described as follows. Use the map attached for reference. Beginning at the Northwest corner of Lot 106, as said Lot is shown on the map entitled "Map of Subdivision "A" Monte Vista", filed for record in Volume "P" of Maps at Page 20 in Santa Clara County Records on April 11, 1917;thence along the north line of said Lot East 10.00 feet,thence leaving said Lot line parallel with the westerly line of said Lot and 10.00 feet distant therefrom South 0°12'15" West 73.30 feet;thence through a tangent curve to the left, having a radius of 20.00 feet, a length of 31.49 feet, and a central angle of 90°12'15"; thence East 70.16 feet parallel to the South line of said Lot and 5.00 feet distant therefrom to the East line thereof; thence along the East line of said Lot South 0°12'15" West 5.00 feet to the Southeast corner thereof;thence along the South line of said Lot West 100.23 feet to the Southwest corner thereof;thence along the West line of said Lot North 0°12'15" East 98.37' to the Northwest corner thereof and the Point of Beginning. The sidelines of said variable width strip of land to be extended or shortened to terminate at the edges of the said Lot 106. All as shown on attached EXHIBIT "B" and made a part hereof and containing 1521 sq. ft. more or less. i<< woe"N ` J \r ', nIr/ -1 N EXHIBIT "B" 0 CURB, GLITTER, AND EXHIBIT OF LOT 106 OF THE SIDEWALK DEDICATION 'MAP OF SUBDIVISION A RECORDED IN THE COUNTY OF CITY OF CUPERTINO SANTA CLARA, STATE OF SANTA CLARA COUNTY, CALIFORNIA, IN BOOK 'P' OF 1" = 30' FD. 3 4'lB CAL Lc-ORNIA MAPS, PAGE 20, ON APRIL 11, 1917. �\ IN MON. WELL N 100.23' (100.15'R1) , 20' 20' ,`p,\ 90.23' AREA TO BE W , DEDICATED 0� I� 1521 SQ. FT. N.N glj CU 6 M LOT REMAINDER ' W M o ..,N 8,338 SQ. FT W I� kV CO 0 0 ON ('q oZ N *IC. Z v M CO 05 ON \\ as � �v R=20,00' AREA DEDICATED `� L=31,49' BY PREVIOUS D=90°12'15' INSTRUMENT \ \ 70.16' I 100.23' (100.15'R1) FD. 3 4%P o FD. BRASS CAP IN MON. WELL BASIS OF BEARINGS EAST 841.90' (841,20'R1) (U IN MON. WELL SAN FERNANDO AVENUE N �\N p,L LAND REFERENCES: PREPARED BY: �<, _.\N 4, Y R1 P—MAPS-20 S.C.C.R. KEVIN BRONSON C �'a i R2 18186550 DEEDS THE BRONSON COMPANY *�_ yore; . 23 BASIS OF BEARINGS: 6206 EPPS DRIVE eve p.1 /31/12 v EAST BETWEEN FD MONUMENTS WINTON, CA 95388 \��A IFp FOR THE CENTERLINE OF SAN C209�606-7340 FERNANDO AVENUE PER RI kevin@thebronsonco.cori !II CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 31 State of California t ,; County of ; i4 C..c_pt2.t) l On F bru L 15 dotz before me, D&-L,Si.-'-- .k - P a,L l t jil,e.rts---Cw(( p L-A2,-C.4- t (Here insert name and title of the offices ill ili personally appeared Ft= L 1 ) m L►v i_i_s i_)r _; who proved to me on the basis of satisfactory evidence to be the person(whose name(w} is/are subscribed to €' the within instrument and acknowledged to me that he/slimy executed the same in his/her authorized 1. I. capacity(i •),and that by his/hexir signature()on the instrument the person(§), or the entity upon behalf of • which the person(s)acted,executed the instrument. is iv I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph i is true and correct. i DAKSHA K.FATEL l' WITNESS my hand and official seal. -- `",_..100.,„4.`�' COMM. 111849622 ., � • W NOTARY PUBLIC-CALIFORNIA A SANTA xpoeo May 17,2 y �� `• My Comm.Expires May 17,2013 0 Gt-t4 (Notary Seal) t Signature of Notary Public iii ADDITIONAL OPTIONAL INFORMATION III INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as i DESCRIPTION OF THE ATTACHED DOCUMENT a ppaar:r above in the notary section or a separate acknowledgment form must be 3= properly completed and attached to that document. The only exception is if a £ 1: G-RA,-- oi- L:�S[11c_r,1 document is to be recorded outside of California. In such instances,any alternative ' I (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 noisily to do something that is illegal for a notary in 1 California (le. cert(/)-Ing the authorized capacity of the signer). Please check the is (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required li il lIl • State and County information must be time State and County where the document =' Number of Pages 1 Document Date signer(s)personally appeared before the notary public for acknowledgment. li it • Date of notarization must be the date that the signer(s)personally appeared which ,a must also be the same date the acknowledgment is completed. l' 1: (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). i, • Print the name(s) of document signer(s)who personally appear at the time of J l!' i notarization. 3: CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e ❑ Individual(s) h`yrsheithey,is tars)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. ii l3 Impression must nor cover text or lines.If seal impression smudges,rc-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. it • Signature of the notary public must match the signature on tile with the office of it ❑ Partner(s) g ry I gn I tL e county clerk. IF ❑ Attorney-in-Fact Additional information is not required but could help to ensure this i' ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ii j' ❑ 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 iii corporate officer,indicate the title(i e.CEO,CFO,Secretary). l ,t • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v,---'v—v--.c •/'v;•/;•/—•/—•T•;•/:;:•/:%—v;•/—v—r v-- .c'.c'v:A,/•%-•v;;./ './ ' '','%:v;:Y'%-'%:; -•vAn (0 )) State of California I t County of SarJTA c,t-ARA ( On /�P�tt -c-, -1-0 12 before me, KtJkSTEN RENGE 562vARcbA, Nor-A KY Ptaa is Date Here Insert Name and Title of the Officer 0 personally appeared Tf,,.tt D. go8vc,J t Name(s)of Signer(s) 4 Pt 9 t who proved to me on the basis of satisfactory 4 t evidence to be the person z whose name(,a`) is are t subscribed to the within instrument and acknowledged s t to me that he she/they executed the same in hi her/their authorized capacity(je�), and that by 9 t /her/their signatureks) on the instrument the g t person(s`), or the entity upon behalf of which the t person;(g) acted, executed the instrument. y C h t I certify under PENALTY OF PERJURY under the KIRSTEN RENEE SOUARCIA % � ��� laws of the State of California that the foregoing h Commission# 1908898 9 "'° = paragraph is true and correct. �i Notary Public-California z -r►/ Santa Clara County My Comm. Expires Oct 4,2014 WITNESS my hand and official seal. t y� t Signature: G~-- - , ., �-� - s Place Notary Seal Above Signature of Notary Public OPTIONAL. t 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. y Description of Attached Document /o300 4'yRA/ Ar/Er-iv E , AP,/-3c'7-/s--oy9 t Title or Type of Document:6-RANT of EAs-Ertcwr rnR ROAD Pt/A Y Pi,Pos€5. Document Date: FEf3Rr1Aa y /cry, 2_0/2_ _ Number of Pages: 3 1 Signer(s) Other Than Named Above: V C. Capacity(ies) Claimed by Signer(s) s• C Signer's Name: Signer's Name: • ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): t ❑ Individual RIGHT THUMBPRINT [] Individual RIGHT THUMBPRINT 9 OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here [] Partner—❑ Limited ❑General Top of thumb here t ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee V ❑ Guardian or Conservator ❑Guardian or Conservator s ❑ Other: ❑Other: t 9I Signer Is Representing: Signer Is Representing: P ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 COVENANT APPURTENANT 10300 Byrne Avenue APN 357-15-049 Parties: This Covenant Appurtenant (the Covenant) is made by and between The City of Cupertino (the City) and Felix Mendelson, in his capacity as sole Trustee of The Mendelson Trust and of The Emilia Mendelson Living Trust (Trusts), (collectively the Parties). Real Property: Trusts hold in fee simple absolute, title to real property commonly known and referred to as 10300 Byrne Avenue, Cupertino, CA. 95014 (Property). Purpose: Trusts wish to gift to the City, and the City wishes to accept from the Trusts for public use for road, sidewalk, curb, and gutter a dedication of a portion of the Property as fully described by Exhibits A and B, attached hereto and made a part hereof(the Dedication). Covenant: The Trusts, or if the Trusts transfer the Property, any and all successors in interest in the Property, covenant to improve the Dedication if, and to the extent required by that Cupertino Municipal Code having force and effect on such date as, The Trusts or a successor in interest in the Property, apply to the City for a permit to develop the Property. This covenant to improve the Dedication is appurtenant, runs with the land, and inures to all successors in interest. IN WITNESS WHEREOF, executed this f7'Ts day of «4 mer, 2012. Signed, ./ Date /-SCge-6 Zc/Z Felix rem. Trust-e oft e - dels• rust and the Emilia Mendelson living Trust. Date 416 h imm D. orden, PE Director of Public Works City of Cupertino (Notary acknowledgment to be attached) 1, CALIFORNIA ALL-PURPOSE , CERTIFICATE OF ACKNOWLEDGMENT I State of California County of S ANT C-1—i. iF On F.brua,.15 aut2 before me, D ct.la.snc,.. no P 6i ,' (Here insert name and title of the fice)) !i personally appeared Fes, x Mc-aL) -tsz.)t l who proved to me on the basis of satisfactory evidence to be the person Il (a)ry p (a) whose name(*) istare subscribed to II the within instrument and acknowledged to me that he/sly executed the same in his/lhefitheir authorized ca aei , l p ty ,and that by his/l�ir signature(k) on the instrument the person(}, or the entity upon behalf of I `tt' which the person(s acted, executed the instrument. i I3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -, DAKSHA K. FATEL ` a$ COMM.#1849622 ,s:7. � 9W NOTARY PUBLIC CALIFORNIA- WITNESS my hand and official seal. ft VW SANTA CLARA couNTY l My Comm Expires May 17,2013.� + t 1 O �j r. (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION t INSTRUCTIONS FOR COMPLETING THIS FORM ¢` is Any acknowledgment completed in California must contain verbiage exactly as 1 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 t 1; Co V`=NUJ r- ACP( k_jZ�I�N-T- doc,mtent is to be recorded outside ofCalifarnia.In such instances,any alternative (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 notan'in ill Cal fornia (i.e. cert ing the authorised 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. T • State and County information must be the State and County where the document i II Number of Pages i Document Date s gner(s)personally appeared before the notary public for acknowledgment. q • Date of notarization must be the date that the signer(s)personally appeared which i. ii must also be the same date the acknowledgment is completed. I< (Additional information) • The notary public must print his or her name as it appears within his or her it 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 li, notarization. 11: CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ii' ❑ Individual(s) ha/she/they,is/are)or circling the correct forms.Failure to correctly indicate this i- information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. I£; 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 tte county clerk. ❑ Attorney in-Fact Additional information is not required but could help to ensure this lij I ❑ Trustee(s) acknowledgment is not misused or attached to a different document. i' © Other Indicate title or type of attached document,number of pages and date. IEl 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 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s:/::•/-./-,•-::,-',:.,:,:,-'./-•,:••-,:v--,-,:,,v;,,,,-,./7,- -. v-:-,:,-',-.,--•�.Y-,-'.,:.;,:•-• •-•,:Y-•-'Y-,•Y-,:...9 State of California A� t I . County of 5AfaTi4 c.c.-AAA yt On APRIL c 20 Z before me, K,RS-r -no R,,> :rd'c cwt, - c, AJOT4ey PVI5 lc , �� l date Here Insert Name and Title of the Officer "i t personally appeared Ti iti,,+., D• 'NRe(s)or signers) t who proved to me on the basis of satisfactory t evidence to be the person,(s) whose name are S I' subscribed to the within instrument and acknowledged t to me that he she/they executed the same in i C (�iher/their authorized capacity and that by i her/their signature,(.$) on the instrument the t person,(s , or the entity upon behalf of which the 0 A t person(s'j acted, executed the instrument. I A I certify under PENALTY OF PERJURY under the , C KIRSTEN RENEE MARCIA �`� laws of the State of California that the foregoing � ,,,� Commission#r 1906898 Ii 'z Z paragraph is true and correct.P.�- Notary Public-California g � / Santa Clara County t' '- My Comm. Expires Oct 4.2014+ WITNESS my hand and official seal. 1 t t Signature /--''1^'a P Place Notary Seal Above Signature of Not Public 9� OPTIONAL 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. Description of Attached Document APN 3; 7—7— 15--- D`f 9 V 9 Title or Type of Document: CoVcNANT APPcA7-�f}nJT !0700 8yAAir, Avf=,✓uE Document Date: Fee R.vA2y /c`/ 2,f 2. Number of Pages: / 3 Signer(s) Other Than Named Above: – t Capacity(ies) Claimed by Signer(s) C A� Signer's Name: Signer's Name: ? ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): 5 i ❑ Individual RIGHT THUMBPRINT -I Individual RIGHT THUMBPRINT y OF SIGNER OF SIGNER ly ❑ Partner—❑Limited ❑General Top of thumb here _I Partner—❑Limited ❑General Top of thumb here t ❑ Attorney in Fact =1 Attorney in Fact P, ❑ Trustee =1 Trustee V C ❑ Guardian or Conservator ❑Guardian or Conservator V ❑ Other: 71 Other: C Signer Is Representing: Signer Is Representing: r( y h • lr A l L\_.�. ,_.'._.._.\_..'—�..�..�.A.�\_.1,-_.�.• A...�.A_.q_.• \_.h_.'__.A `n_.A_.ti•\_.A.:A..�_.A_.. �..�.�.A��..�..\..I�..�.A.J.Q.'__.ti4 0 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated, February 15th, 2012 from 10300 Byrne Avenue 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 5, 2012 By: Kirsten Squarcia City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014