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83-046 La Pierre, Donald and Betty, Hillcrest Rd Project, Resolution No. 6168 • m • 7859989 k',L;}Y A C C'u pe r-Vne RESOLUTION NO. 6168 (� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO I 005 t�„ 191 ? AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH ,!' DONALD F. AND BETTY M. LA PIERRE FOR THE IMPROVEMENT OF FRONTAGE ALONG HILLCREST ROAD WHEREAS, there has beenpresented to the City Council an agreement for the improvement of the street frontage along Hillcrest Road by Donald F. and Betty M. La Pierre; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks, and any other improvemnts within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said agreement for the improvement of street frontage along Hillcrest Road hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are hereby authorized to execute teh agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is .authorized to file this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on this 19th day of September, 1983, by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT None ABSTAIN: None ATTEST: A ROVED: `w /s/Dorothy Cornelius. /John O. PPllu'ngyr/ Ch. City Clerk Mayor, City of Cupertino t\?( r• .n"9,q,1 ,› CC r,' C THIS I5 TD 4ERTIFY'THAT THJ WITHIN' w AT ...tra , 1961713 RECT CDPY Sm yr tg OE THE ORIS NAL' ❑N•FILE21,NfTH15 OFFICE. En r c- f 717TE5 CO wNl + t: "w c . .::THE.CITY�❑ " .j► Q "'ta.t (� 51c CITY CL C?a' V_.^pr BY ✓�P CIT► .Ci. r-r Lu9 N ta.1-1�1 +. Ls- cYi -;r :r 0 RETURN TO CITY • •, • OF CUPERTINO 1005 '::: 192 10300 TORRF. AVE. 'No rE?' IN ^,C;'D`nitNca • CUPERTINO, CA 95014 WITH 60V CODE 6104 AGREEMENT This AGREEMENT made and entered into this 19th day of September' 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and DONALD F. AND BETTY M. LAPIERRE, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and is securing a building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project. " WHEREAS, the CITY hereby agrees to permit DEFERMENT of the re- quired development improvements in accordance with the provisions of this AGREEMENT; and WHEREAS, the DEVELOPER hereby agrees to provide necessary im- provement plans and specifications at such time as they may be re- quired by the City Engineer or as provided herein; and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, The DEVELOPER agrees to provide bonds, cash payments, or Page 1 -- I 005 's: 193 other guarantees as outlined herein to assure compliance with con- ditions of development approval; and WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - Category 2 ( 980-206. 43 ) PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: $ 325. 00 Three Hundred Twenty-Five and no/100 Dollars PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I. Map Checking Fee: Deferred PART J. Park Fee: N/A PART K. Water Main Extension Deposit $ 560 .00 Five Hundred Sixty and no/100 Dollars PART L. Maps and/or Improvement Plans: By Developer PART M. Street Reimbursement: 1. $ 150 . 00 • 2. $1, 062. 48 1. One Hundred Fifty and no/100 Dollars 2 . One Thousand Sixty-Two and 48/100 Dollars Page 2 I 005 ra 194 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: 1. DEDICATION (a) The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolu- tion. (b) Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real prop- erty described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER' s sole cost and expense, to the CITY: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. (c) Upon the condition precedent that the DEVELOPER shall perform - each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 0.3t-4c. r 2. INSTALLATION OF WORK ... It is further agreed that: . r . (a) The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or Page 3 I 005 P► ; 195 the DEVELOPER' s surety or both. (b) The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. (c) It is further agreed that the Work shall be done in accor- dance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting . ` • portions. 3 . EXCAVATION PERMIT �' , ;5ay• O rt It is further agreed that the DEVELOPER shall comply with S.ec"t"ion..-`. Three of Ordinance No. 130 of the CITY by obtaining an excavation " permit from the City Engineer before the commencement of any = excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED Page 4 • I 005 '::: 196 It is further agreed that DEVELOPER, when requested by the CITY, - . shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for sig- nature. 5. BONDS AND OTHER SECURITY (a) Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faith- ful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full pay- ment of all labor and materials required to construct said improve- ments. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S failure to do so. (b) In lieu of a surety bond, the DEVELOPER may elect to secure` (;, , this AGREEMENT by depositing with the CITY: (1) Cash; or, ( 2) A cashier' s check, or a certified check, payable to the", order of the City of Cupertino or, _, ' , ` 1 i ( 3) A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . (c) The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and con- ditions of this AGREEMENT, or to make any payment, or any dedication Page 5 • • I C05 rw 1.57 • of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. (d) No release of surety bond, cash deposit, check, or certi- ficate of deposit, shall be made except upon approval of the City Council. (e) No interest shall be paid on any security deposited with the CITY. 6 . CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all neces- sary direct expenses for inspection, checking, etc. . incurred by CITY in connection with said Project, and that DEVELOPER shall have depos- ited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . , • ' 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit tiith CZ.T.Y;;:' prior to execution of this AGREEMENT, for office checking of '`£i4a1 -map and field checking of street monuments, in compliance with Section) 14:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I ) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The devel- opment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or ma- Page 6 I DOS °ns: 198 • terials appearing in said work during the period until release of the • improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. • 9 .A STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said project in accordance with the requirements established in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2 (Part F) . 9 .B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights.. for one year. ,; ,; 11. FEES FOR THE INSTALLATION OF STREET TREES • " "'ll 149'. It is further agreed that the CITY shall, at such time as deemed'c':' appropriate by the City Engineer, plant street trees in conformance with the standards of the CITY of Cupertino. Variety of tree shall be selected from the City approved list. 12 . PARK FEES Page 7 I OOS r±:E 199 It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is re- quired within "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J. , Page 2 herein. 13 . MAINTENANCE OF THE WORK It is further agreed that the DEVELOPER shall maintain the Work, until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfation of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this agreement, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. \ . T. u 1 4 ' O Page 8 I DOS '&::200 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, per- taining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Pro- tection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the in- stallation of electric power for street lighting at the earliest date possible. 18 . P. G. and E. and P. T. and T. It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or under- ground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance , No. 331 of CITY when DEVELOPER is notified by either the City Engirigez,- or the Pacific Gas and Electric Company and/or Pacific Telephone ;ankde� • 1 Telegraph Company that said fees are due and payable. '.;;. E'-: -e;;. 19 . EASEMENTS AND RIGHT-OF-WAY r .1i ; C ' .7 It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further Page 9 I 005 pv, E. 201 provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the com- pletion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis ; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the City, individually and collectively, have other in-Et surance against the loss covered by said policy or policies,, t};at0 other insurance shall be excess insurance only. i.'. c� - r (a) Each of said policies of insurance shall provide coverage the following minimum amounts: For bodily injury, $100,000 each' ,per-c,'" • son; $300,000 each occurrence; property damage, $50,000 on accornt)of any one occurrence with an aggregate limit of not less that $200;'0"00 . . • (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 • I 00; n5: 202 (c) In the event that the Project covered herein should be mu- tually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: (a) A mylar sepia and seven (7) prints of fully executed parcel maps. (b) A mylar sepia and thirteen (13 ) prints of fully executed tract maps. (c) A mylar sepia and eleven (11) prints of fully executed improvement plans. (d) A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. STREET IMPROVEMENTS _y. The fees outlined in Part M. , page 2, is that amount required;;:t`g reimburse adjacent property owners for the work they have done on :a d:-'.':<< along the frontage of the lot described herein in Exhibit "A". _ ' . eUU''i o'; 24. DEFERMENT i:ry(+ 0 s ` + • It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six ( 6 ) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six ( 6 ) months from date of this AGREEMENT, the following improvements: Page 11 • • • I CO5 pe:_ 203 All street widening as required by the Department of Public ' • Works. Until such notification is made by CITY, or such times has e- lapsed, Sections numbered 2 through 21, excepting 9, et al, are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation .and construction of the improvements. < < r, •,..y: 25. SUCCESSORS - RUN WITH LAND : _,ct +a' a4A •� s d._.• . •t • This AGREEMENT shall bind the heirs, administrators; executors; c' successors, assigns and transferees of DEVELOPER. It is '. agreed1', ,and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of Cali- fornia and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit "A", which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the CITY of Cupertino IN WITNESS WHEREOF, CITY has caused its name to be hereunto af- fixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Appro -d . %o Mayor I ` C \ i y • ..r City Clerkfaserdi • ./pi DEVELOPER: • .X•QAA•C id CIS 4141, ltgLQ/lh 2� By: v (�.c ,B „ Acknowledgements and Exhibit "A" attached. Page 12 I U05 r sE 204 8 OFFICIAL SEAL . 2 :- �: DOROTHY MARIE CORNELIUS li + t Ory ` 4-: 1 NOTARY PUBLIC-CAUFORNIA STATE OF CALIFORNIA ) G 3 i SANTA cLARA COUNTY . • ss. My Commission Expires Feb. 17, 1984 �r� 1 COUNTY OF SANTA CLARA) leCADNDGUCC9G:OC7cGcc.a4904.9CR7“901.9CAS. f:. . ,za• e > On this day of cr2 day sof/ _ ) / , in the year of ,l,6?_3 , before me �o R o Yh/ Q �p,`r �/P H e /I 615 , personally appeared 20Ha/d F b'-- Xe 74/1/ /11 _,ea,`am#io , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrumer7and acknowledged that he (she or they) executed it.. WITNESS my hand and official seal. ct�cc9cDtO�cRCo.c, m .er r sc sccc�OFFICIAL SEAL8p7='� CORNELIUS qq 721A.,_:,) A.K.I.:VitAi ' _L--- 5^ , NIL,. - _aLJFORNIA C - �C 5^ . ..OUN7Y Not-ry Public rn and for the County My Commission - .,.o• 17, 1984of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. - - ------ COUNTY OF SANTA CLARA) On this day of day of , in the year of , before me , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County - of Santa Clara, State of California I 005 n :205 • GRANT OF EASEMENT FOR ROADWAY PURPOSES EXHIBIT A • `GC . - tit c Donald F. and Betty M. Lapierre grant(s) to the CITY OF CUPERTINO, for public roadway purposes, toge 1± 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 property which is situated in the City of Cupertino; County of Santa Clara, State of California, and as described as follows: . (Description attached) IN WITNESS WHEREOF, executed this day of 19 (Notary acknowledgment to be attached) I. 005 Pa-_.2O6 • 10 FOOT ROADWAY DEDICATION An easement over that certain real property situate in the City of Cupertino, County of Santa Clara, more particularly described as follows: A strip of land. 10 feet in width, measured at right angles, said strip being the most westerly 10 feet of Section 34A as said section is shown in the "Map of Russellhurst Subdivision" filed for record in Book "P" of Maps, Page 22, Santa Clara County recorder. C Q i 4 • R: 1- ,t. - njt ' J✓ '.:.F.c.'. !' J _J 1-_h\ 1- S L___ h) VON44O r. •A• 156-/7 y M. AAI taxa.= BOOK 778/ PAGES 678& 6179 GATHER/NE & BRUNO R/CCOI ON BOOK 9283 PAGE 663 ..,• \ N. 4°40'00"W 97./5 •••Z.5 3504 ____-/ 0.66 LS 3/6/•. • I'D kel m rp Q a 1. O , f J J J_1 �Z a3 1� t3a, rzcz 99 ^> 9 1 pp -, J—\ m m3 A m J O L�. tk ) r ah o o� o �� CO N CO m 9078 S.f: =0.208 AC. N 0 CO F �� �1c,� z�J� Pr, �� J tI > ...S�rex2 %�bra !v ' ro 0.------ z.s. 3/6/...... . . , •••2.S. 3,56V j -._ U �. ..•No rAc 70.88 . \ rxzo7 •� -. .o : . N. 4°40'OO'W. 97/5 0.30 N. 4°AO'00"W. i , r� 11/Z. L C/�ES T a • ROAD g • .~ • N4°40'00"W. I N 0 . RECORDING-REQUESTED BY I 005 ree; 208 . '. Transamerica Title Escrow #515137 AND WHEN RECORDED MAIL. TO ' Street I Mr, and Mrs. La Pierre 7 EXHIBIT Address - City • St. " . L . - SPACE ABOVE THIS LINE FOR RECORDER'S USE — MAIL TAX STATEMENTS TO T Nems I DOCUMENTARY TRANSFER TAX f 1 c nn Address Same as Above XX COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, elty OR COMPUTED ON FULL VA LESS LIENS AND Zlpts I I ,ENCU MINI_.�/CAT TIME OF SALE. Signature of Declarant or Agent d termining tax. Firm Name • Transamerica Title GRANT DEED (Escrow No 515137 insure April 28, 1983 By this instrument dated ,for a valuable consideration, HAROLD G. ELZIG AND BEVERLY J. ELZIG, his wife .y GRANTS to D.NALD F. LA PIERRE AND BETTY M. LA PIERRE, his wife L ' ,r,.n,nn.,.:...d..n.k..s Merl Dem....... d.cr.._s .1:1.-....4. r•..._ 1 to Clare {:. S TE OF CALIFORNIA , f„ C UNTY OF Santa Ctara }5S , ON ieslt.. .Agril 29, 19T33 , 19 , before me,the • undersigned,a Notary Public in and for said County and State,personally appeared .OFFICIAL SEAL Harold CT.__.1;1.Z.:L,$...iinfl..Be.Ver1y_.I<...Elzig.,...his.--L4if( 2 ri DIANE K. PATRICK r 1 ��t. NOTARY PUBLIC•CALIFORNIA.I. 'ra 1'-"� SANTA CLARA COUNTY My Commission Expires Sept. 1, 1986 proved to me on the basis of satisfactory evidence to be the persons.whose name hexa. G.26):+GT4Gk7GR%X7GNGNbmo:I4N6X74 s subscribed to this instrument, and acknowledged to me that • SLC:Y..executed it. • Notary's Signatureleirr�r:--•-/•• GENERAL ACKNOWLEDGMENT Form No.1e Rev.1.82 ?715. a H5 A-,F arold Ge 121g QveA. hg 6 d. STATE OF CALIFORNIA On..._.._....._.........._.........._.._...,19 before me,the undersigned,a Notary Public in and for said /`} SS. County and State,personally appeared....____..__ COUNTY OF !mown to me to be the person whose name .......subscribed to the within instrument,and acknowledged to me that......._.he executed the same. `rm Notary's Signature._.._._..............._.........._._. n 4' Bra ....__.._.....__._...._..._....._..... 6 • z E MAIL TAX STATEMENTS AS DIRECTED ABOVE • ,The land, referred to herein is situated in the State of California,' County of SANTA CLARA, ' City of CUPERTNO and is described as follows: • r,©5 fint PARCEL ONE: V BEGINNING AT THE POINT' OF INTERSECTION OF THEtEASTERLY"LINE OF HILLCREST ROAD WITH THE NORTHERLY LINE OF THAT .CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM CLARENCE R. BODERSTROM, ETBX; .TO JAMES R. "MC CORMICH ' ET UX,,'DATED MARCH,6i; 1963 AND RECORDED MARCH 11, 1963 IN BOOK 5935 OF OFFICI'AL 'RECORDS', 'PAGE 735, .fSANTA CLARA' COUNTY RECORDS, RUNNING THENCE ALONG SAID NORTHERLY LINE, SOUTH 89DEGREES 53 MINUTES EAST, 238.52 FEET, MORE OR LESS, TO A' POINT IN THE NORTHEASTERLY LINE OF. THE RUSSELLHURST ;SUBDIVISION ACCORDING TO A MAP THEREOF FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF' THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL; ,114- 1917 IN BOOK "P" OF MAPS, AT'PAGE 22, .SANTA CLARA COUNTY RECORDS, RUNNING THENCE ALONG-SAID' NORTHEASTERLY LINE, SOUTH 41/ DEGREES 49 MINUTES EAST ' 157.70 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF LOT 34, AS, SHOWN UPON SAID MAP, THENCE RUNNING ALONG THE SOUTHERLY LINE OF SAID LOT 34, 'AND THE WESTERLY- PROLONGATION THEREOF, ' 1. , NORTH'89 DEGREES 53 'MINUTES WEST 243.23 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THAT ' CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM LESLIE TITUS, ET UX, TO JAMES R. MC CORMICK ET UX, DATED OCTOBER 11, 1963 AND RECORDED OCTOBER 16, 1963 IN BOOK 6233 OF OFFICIAL RECORDS, PAGE 605; SANTA CLARA COUNTY RECORDS, RUNNING THENCE ALONG THE WESTERLY LINE OF SAID LAST NAMED PARCEL OF LAND, NORTH 4 DEGREES' 40 MINUTES' WEST, 85.87 FEET TO THE NORTH- EAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM JAMES R. MC CORMICR ET UX, TO LESLIE TITUS, ET UX, DATED MARCH 8, 1963,AND RECORDED MARCH 11, .1963 IN BOOK 5935 OF OFFICIAL , RECORDS, PAGE 736, SANTA CLARA COUNTY RECORDS, RUNNING THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO TITUS, NORTH 89 DEGREES 53 MINUTES WEST;, 93.77 FEET TO A POINT. IN SAID EASTERLY LINE OF HILLCREST ROAD, RUNNING THENCE ALONG SAID LAST NAMED LINE, NORTH.4 DEGREES 40 MINUTES WEST, .24,00 FEET TO THE "POINT OF BEGINNING, AND BEING ALL OF LOT 34 AND A PORTION OF LOTS 32, 33, 34A AND 35 OF SAID' RUSSELLHURST SUBDIVISION HEREINABOVE REFERRED TO, PARCEL TWO: • BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF HILLCREST ROAD WITH THE NORTHEASTERLY LINE OF THE RUSSELLHURST 'SUBDIVISION, THE MAP OF.WHICH IS ON FILED IN BOOK "P" OF MAPS, AT PAGES 22, SANTA CLARA COUNTY RECORDS, SAID NORTHWESTERLY LINE ri OF THE ; RUSSELHURST SUBDIVISION ALSO BEING THE SOUTHWESTERLYiLINE OF THE PARCEL OF LAND CONVEYED BY MURL. P. EATON TO PALO ALTO DEVELOPMENT CORPORATION,. BY DEED DATED MAY 17, 1962 AND RECORDED IN BOOK 5585 OF OFFICIAL RECORDS, PAGE 604, SANTA CLARA COUNTY RECORDS., THENCE ALONG SAID EASTERLY LINE OF HILLCREST ROAD, SOUTH 4 DEGREES. 40 MINUTES EAST, 290.07 EAST, THENCE LEAVING HILLCREST ROAD, SOUTH 89 DEGREES 53 MINUTES EAST, 93.77 FEET, AND THENCE • SOUTH 4 DEGREES 40 MINUTES EAST, 96.77 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 89 DEGREES 53 MINUTES EAST ' 221.76 FEET TO SAID NORTHEASTERLY LINE OF SAID RUSSELLHURST SUBDIVISION: THENCE LEAVING THE NORTHEASTERLY LINE' OF SAID RUSSELLHURST'; SUBDIVISION AND RUNNING IN A DIRECT LINE WESTERLY TO A POINT WHICH BEARS, SOUTH 4 DEGREES 40 MINUTES EAST, 15 FEET FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 4 DEGREES 40 MINUTES WEST 15 FEET TO THE TRUE POINT OF , BEGINNING, AND BEING A PORTION OF SAID RUSSELLHURST SUBDIVISION. . ASSESSOR''S PARCEL NUMBER: 326-16-42. .